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-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
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
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
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.
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-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
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
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
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
Money is not to be accounted Goods or Catals nor Hawks nor Hounds for they are ferae naturae But it seems that Money is not a Chattel because it is not in it self valuable but rather in imagination than in Deed. Catals are either real or personal Catals real are either such as do not immediately appertain to the person but to some other thing by way of dependance as a Box with writings of Laud the body of a Ward the Apples upon the tree or the Tree it self growing upon the ground Crom. fol. 33. b. Or else such as are issuing out of some thing immovable to the person as a Lease for Rent or term of years Personal may be so called in two respects The one because they belong immediately to the person of a man as a Horse c. The other because when they are wrongfully detained we have no other means for their recovery but personal Actions The Civilians comprehend these things and also Lands of all natures and tenures under the word Goods which are by them divided into Moveable and Immovable See Bract. lib. 3. c. 3. num 3 4. Cepi corpus CEpi corpus is a Return made by the Sheriff that upon an Exigend or other Writ he has taken the body of the party F N. B. fol. 26. Certificate CErtificate is a Writing made in some Court to give notice to another Court of something done there as a Certificate of the cause of Attaint is a transcript briefly made by the Clerks of the Crown Clerks of the Peace or Clerks of Assise to the Court of Kings Bench containing the tenor and effect of every Indictment Outlawry or Conviction and Clerk attainted made or declared in any other Court But note that this Certificate ought to be made by him that is the immediate Officer to the Court and therefore if the Commissary or Official of the Bishop certifie an Excommunication in bar of an action at the Common Law this is not good as was resolved in Coke lib. 8. fol. 68. but such Excommunication ought to be certified by the Bishop himself Yet the Certificate of an Excommunication by special Commissioners Delegates under their Common Seal was allowed and held good enough in the Common-place Dyer fol. 371. pla 4. Certification of Assise CErtification of Assise of Novel disseisin c. is a Writ awarded to re-examine or review a matter passed hy Assise before any Iustices and is used when a man appears by his Bailiff to an assise brought by another and loses the day and having some other matter to plead farther for himself as a Deed of Release or c. which the Bailiff did not plead or might not plead for him desires a better Examination of the Cause either before the same or other Iustices and obtains Letters Pa â— ents see their form F. N. B. 181. and then brings a Writ to the Sheriff to call the party for whom the Assise had passed and also the Iury which was impannelled upon the same Assise before the said Iustices at a day and place certain And it is called a Certificate because therein mention is made to the Sheriff that upon the parties complaint of the defective Examination or doubts remaining yet upon the Assise passed the King hath directed his Letters Patents to the Iustices for the better certifying of themselves whether all the points of the said Assise were duly examined or not Certiorari CErtiorari is a Writ that lies where a man is impleaded in a base Court that is of Record and he purposes that he may not have equal Iustice there then upon a Bill in the Chancery comprising some matter of Conscience he shall have this Writ to remove all the Record into the Chancery there to be determined by Conscience but if he prove not his Bill then the other party shall have a Writ of Procedendo to send again the Record into the base Court and there to be determined And it lies in many other cases to remove Records for the King as Indictments and others This Writ is also granted out of the Court of Kings Bench or Common Pleas to remove any Action thither out of Inferior Courts of Record and so the Plaintiff must declare and proceed in the Superior Court Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench where nullum tale Recordum is pleaded Also upon Writs of Error of a Iudgment in the Common Pleas each party may have this Writ to bring any of the Proceedings into the Kings Bench upon alledging Diminution as appears Coke Entr. 232 233 242. 2 Cro. 131 479. Cessavit CEssavit is a Writ that lies where my very Tenant holds of me certain Lands or Tenements yielding certain Rent by the year and the Rent is behind for two years and no sufficient Distress may be found upon the Land then I shall have this Writ by which I shall recover the Land But if the Tenant come into the Court before Iudgment given and tender the Arrearges and Damages and find Surety that he shall cease no more in payment of the said Rent I shall be compelled to take the Arrerages and the Damages and then the Tenant shall not lose the Land The heir may not maintain this Writ for Cessure made in the time of his Ancestor And it lies not but for Annual service as Rent and such other and not for Homage and Fealty Also there is another Writ called Cessavit de cantaria which lies where a man gives Land to a House of Religion to find for the soul of him his ancestors and his heirs yearly a Candle or Lamp in the Church or to say Divine Service feed the poor or other Alms or to do some other thing then if the said Services be not done in two years the Donor or his Heirs shall have this Writ against whosoever holds the things given after such Cessure See the Statute W. 2. cap. 41. Cession CEssion is when an Ecclesiastical Person is created Bishop or when a Parson of a Parsonage takes another Benefice without dispensation or otherwise not qualified c. In both cases their first Benefices are become void and are said to become void by Cession And to those that he had who was created Bishop the King shall present for that time whosoever is Patron of them And in the other case the Patron may present See 41 E. 3. 5. 11 H. 4. 37. Cestuy a que vie cestuy a que use CEstuy a que vie is he for whose life another holds an estate and cestuy a que use is he who is a Feoffee for the use of another Challenge CHallenge is an Exception taken either against Persons or Things Persons as in an Assise the Iurors or any one or more of them or in case of Felony by the Prisoner at the Bar against Things as a Declaration Old N. B. 76. Challenge made to the Jurors is either made to the Array or
a Park in this that it is not inclosed and hath not only a larger compasse and more store of Game but of Keepers also and Overseers See Forest Chatels CHatels See Catals Chauntry CHauntry is a Church or Chappel indued with lands or other yearly revenues for the maintenance of one or more Priests to sing Mass daily for the Souls of the Donors and such others as they appoint And of these you may read in the Statutes made 37 H. 8. c. 4. 1 E. 6. cap. 14. Chevage CHevage is a summe of money paid by Villains to their Lords in acknowledgement of their Slavery which Bracton lib. 1. cap. 10. thus defines Chevagium dicitur recognitio in signum subjectionis dominil de capre suo It seems also to be used for a sum of money given by one man to another of power and might for his avowment maintenance and protection as to their head and Leader Lambert writes it Chivage or rather Chiefage Chievisance CHevisance comes from the French word Chevir that is to come to the end or Head of a business And because the perfecting of a Bargaine is the drawing of the matter to the head this word Chevisance is used for Bargaining in the Statutes of 37 H. 8. cap. 9. 13 Eliz cap. 7 8. Childwit CHildwit that is that you may take a Fine of your Bondwoman defiled and gotten with Child without your licence Chimin CHimin is the High-way where every man goes which is called Via Regia and yet the King hath no other thing there but the passage for him and his people for the Free-hold is in the Lord of the Soile and the Profits growing there as Trees and other things And it is divided into two sorts the King's way of which is spoken before and a private Way or private Passage and this is the Way by which one man or more have liberty to pass either by prescription or by writing through the land of another And this is divided into a way in gross and a Way appendant Kitch fol. 177. Chimin in gross is that Way which a man holds principally and solely in it self Chimin appendant is that which a man hath adjoyned to some other thing as appertaining thereunto for example if a man hires a Close or Pasture and hath a Covenant for ingress and egress to and from the said Close through the ground of some other through which otherwise he might not pass Or a Way in gross may he that which the Civilians call Personal as when one covenants for a Way through the ground of another man for himself and his heirs A way appendant on the other side may be that which they call Real as when a man purchases a Way through the ground of another man for such as do or shall dwe â— in this or that house or that are the owners of such a Manor for ever Chiminage CHiminage is a Toll paid for a mans passage through a Forest to the disquiet of the wild beasts of the Forest Chirographer CHirographer is he that in the Common-Bench-Office ingrosses Fines acknowledged in that Court into a perpetual Record after they are acknowledged and fully passed by those Officers by whom they are first examined and that writes and delivers the Indentures one for the Buyer and another for him that sells and makes another indented piece containing also the effect of the Fine which he delivers over to the Custos Brevium which is called the Foot of the Fine The Chirographer also or his Deputy proclaims all the Fines in the Court every Term according to the Statutes and then repairing to the Office of the Custos Brevium there endorses the Proclamations upon the backside of the Foot thereof and always keeps the Writ of Covenant as also the Note of the Fine Chivage CHivage See Chevage Chivalrie CHivalrie is a Tenure of land by Knights service for the better understanding whereof it is to be known that there is no land but is held mediately or immediately of the Crown by some Service or other and therefore all our Free-holds that are to us and our heirs are called Fees as proceeding from the bounty of the King for some small yearly Rent and the performance of such services as originally were imposed upon the Land at the githing thereof For as the King gave to his Nobles his immediate Tenants great possessions for ever to hold of him for such or such Rent and Service so they again in time parcelled out to such as pleased them their Lands so received of the Kings bounty for such Rents and Services as to them seemed good And the Services are all by Littleton divided into two sorts Chivalry and Socage the one material and military the other clownish and rustical Chivalry therefore is a Tenure whereby the Tenant is bound to perform some Noble or Military Office to his Lord and is of two kinds either Regal that is such as may be held onely of the King or such as may also be held of a common person as well as of the King That which may be held onely of the King is properly called S â— rvitium or Sergeantia and is also again divided into Grand and Petit Serjeanty Grand Serjeanty is that where a man holds lands of the King by service which he ought to do in his own person as to carry the Kings Banner or his Spear to lead his Army to be his Marshal to blow a Horn when he sees his enemies invade the Land or to find an armed man to fight within the four Seas or to do it himself or to carry the Kings Sword before him at his Coronation or at that day to be his Sewer Carver Butler or Chamverlain Petit Serjeanty is where a man holds land of the King to pay him yearly a Bow a Sword a Dagger a Knife a Spear a pair of Gloves of maile a pair of Spurs of Gold or to give such other small things concerning the War Chivalrie that may hold of a common person as well as of the King is called Escuage Service of the shield and this is either uncertain or certain Escurage uncertain is also of two kinds first where the Tenant by his Tenure is bound to follow his Lord going in person to the Kings wars against his enemies either himself or to send a sufficient man in his place there to be maintained at his costs so many dayes as were agreed upon between the Lord and his Tenant at the granting of the Fee And the dayes of such service seem to have been rated by the quantity of the land so held as if it extends to a whole Knight's Fee then the Tenant was bound so to attend his Lord 40 days and a Knight's fee was so much land as in those days was accounted a sufficient living for a Knight and this was 680 acres by the opinion of some or eight hundred as others think or fifteen pounds by the year Cambden's Brit. fol. 110. If
Lessee pays the Rent to the Lessor and he receives it and puts it in his purse and afterwards upon review of it at the same time he finds that he hath received some counterfeit pieces aud thereupon refuses to take away the Money but re-enters for the Condition broken there his Entry is not lawful for when he hath accepted the Money this was at his peril and after this allowance he shall not take exception to any of it Collateral COllateral is that which comes in or adheres to the side of any thing as Collateral Assurance is that which is made over and beside the Deed it self For example if a man covenants with another and enters Bond for the performance the Bond is called Collateral Assurance because it is external and without the nature and essence of the Covenant And Crompton fol. 185. saith that to be subject to feeding the Kings Deer is collateral to the soil within the Forest In like manner we may say that the liberty to pitch Sheds or Standing for a Fair in the soil of another man is collateral to the land The private Woods of a common person within the Forest cannot be cut down without the Kings license for it is a Prerogative collateral to the soil Man part 1. pag. 66. Collateral Warranty See tit Warrantie Collation COllation is properly the bestowing of a Benefice by the Bishop that hath it in his own Gift or Patronage and differs from Institution in this for that Institution into a Benefice is performed by the Bishop at the motion and Presentation of another who is Patron of the same Church or hath the Patrons right for that time Yet Collation is used for Presentation in 25 E. 3. Stat. 6. and there is a Writ in the Regist 31. b. called De Collatione facta uni post mortem alterius c. directed by the Iustices of the Common Pleas commanding them to direct their Writ to the Bishop for the admitting a Clerk in the place of another presented by the King who during the Suit between the King and the Bishops Clerk deceased for judgment once passed for the Kings Clerk and he dying before he be admitted the King may give his Presentation to another Collusion COllusion is where an action is brought against another by his own agreement if the Plaintiff recover then such Recovery is called by Collusion And in some cases the Collusion shall be enquired of as in Quare impedit and Assise and such like which any Corporation or Body politick brings against another to the intent to have the Land or Advowson whereof the Writ is brought in Mortmain But in Avowry nor in any Action personal the Collusion shall not be inquired See the Stat. of Westm 2. c. 32. which gives the Quale jus and enquiry in such cases Colour COlour is feigned matter which the Defendant or Tenant uses in his barre when an Action of Trespass or an Assise is brought against him in which he gives the Demandant or Plaintiff a Shew at first sight that he hath good cause of Action where in truth it is no just cause but only a Colour and Face of a cause and it is used to the intent that the determination of the Action should be by the Iudges and not by an ignorant Iury of twelve men And therefore a Colour ought to be a matter in Law doubtfull to the common people As for example A. brings and Assise of land against B. and B. saith he himself did let the same land to one C. for term of life and afterward did grant the Reversion to A. the Demandant and after C. the Tenant for term of life died after whose decease A. the Demandant claiming the Reversion by force of the Grant whereto C. the Tenant for life did never atturn entred upon whom B. entred against whom A. for that Entry brings this Assise c. This is a good Colour because the common people think the land will pass by the Grant without Atturnment where indeed it will not pass c. Also in an Action of Trespass Colour must be given of which there are an infinite number one forexample In an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith that before the Plaintiff had any thing in them he himself was possessed of them as of his proper goods and delivered them to A. B. to deliver them to him again when c. and A. B. gave them unto the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and and the Defendant took them from the Plaintiff whereupon the Plaintiff brings an Action that is a good Colour and a good Plea See more hereof in Doctor and Student l. 2. c. 13. Colour is for this cause viz. where the Defendant justifies by title in trespass or Assize if he do not give the Plaintiff Colour his plea amounteth only to not guilty for if the Defendant hath title he is not guilty 1 Co. 79. 108. Colour of Office COlour of Office is always taken in the worst part and signifies an act evilly done by the countenance of an Office and it bears a dissembling face of the right of the Office whereas the Office is but a vail to the falshood and the thing is grounded upon vice and the Office is as a shadow to it But by reason of the Office and by virtute of the Office are taken always in the best part and where the Office is the just cause of the thing and the thing is pursuing the Office Plo. in Dive Man case sol 64. a. Combat COmbat in our ancient Law was a formal Trial of a doubtful Cause or quarrel by the Sword or Bastons of two Champions See Glanvile l. 14. c. 1. Britton c. 22. and Dyer fol. 301. num 41. Commandment COmmandment is taken in divers significations sometimes for the Commandment of the King when by his mere motion and from his own mouth he casts any man into prison Stamf. Plac. Coron fol. 72. or of the Iustices And this Commandment of the Iustices is either absolute or ordinary Absolute as when upon their own authority or wisdom and discretion they commit any man to prison for a punishment Ordinary is when they commit one rather to be safely kept then for punishmenr and a man committed by such ordinary Commandment is bailable Placit Cor. fol. 73. Commandment is again used for the offence of him that wills another man to transgresse the Law or to do any such thing as is contrary to the Law as Murther Theft or such like Bract. l. 3. tract 2. c. 19. The Civilians call this Commandment Angelus de maleficiis Commendrie COmmandrie was the name of a Manor or chief Messuage with which Lands or Tenements were used belonging to the late Priory of S. John of Jerusalem untill they were given to King Henry the eighth by Statute made in the 32 year of his reign And he who
had the Government of any such Manor or House was called the Commander who had nothing to do to dispose of it but to the use of the Priory and to have only his sustenance from it according to his degree which was usually a Brother of the same Priory who had been made Knight in the Wars against Infidels and they were lately called Knights of the Rhodes or Knights of Malta of the places where their grand Master did dwell See the said Statute and the old Statute intituled De Templariis whose decay was a great increase of this Order And many of these Commandries are called in the Country by the name of Temple Commandam COmmendam is a Benefice that being void is commended to the care of some sufficient Clerk to be supplied untill it may be conveniently provided of a Pastor And the true original of these Commendams was either evident profit or necessity He to whom the Church is commended hath the fruits and profits thereof only for a certain time and the nature of the Church is not changed thereby but is as a thing deposited in the hands of him to whom it is commended who hath nothing but the Custody thereof which may be revoked Commissary COmmissary is a title of Ecclesiastical Iurisdiction appertaining to him that exercises Spiritual Iurisdiction in places of the Diocess so far distant from the chief City that the Chancellor cannot call the Subjects to the Bishop's principal Consistory without their great trouble This Commissary is called by the Canonists Commissary or Officialis foraneus and is ordained to this special end that he should supply the Office and Iurisdiction of the Bishop in the out-places of the Diocess or in such Parishes as are peculiars to the Bishop and exempted from the Archdeacon's Iurisdiction for where by prescription or by composition there are Archdeacons who have Iurisdiction in their Archdeaconries as in most places they have there this Commissary is superfluous and rather to the prejudice then good of the people Commission COmmission is as much in the Common Law as the word Delegate in the Civil and is taken for the Warrant or Letters Patents which all men using Iurisdiction either ordinary or extraordinary have for their power to hear or determine any matter or action Yet this word sometimes extends more largely then to matters of Iudgement as the Commission of Purveyors or Cakers 11 H. 4. c. 28. But with this Epithete High it is most commonly used for the High-Commission Court instituted and founded upon the Stat. of 1 Eliz. c. 1. for the ordering and reforming of all offences in any thing appertaining to the Iurisdiction Ecclesiastical but especially such as are of highest nature or at least require greater puishment then the ordinary Iurisdiction call afford See the Statutes 17 Car. 1. c. 11. and 13 Car. 2. c. 12. by which the said Court is wholly abolished Commission of Rebellion Com̄ission of Rebellion otherwise called a Writ of Rebellion is used when a man after Proclamation made by the Sheriff upon an Order or Process of the Chancery under penalty of Allegeance to present himself to the Court by a day certain appears not And this Commission is directed by way of command to certain persons to the end they three two or one of them shall apprehend or cause to be apprehended the party as a Rebell and contemner of the Kings Laws in what place s ◠ever they shall find him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned Committee COmmittee is he or they to whom the consideration or ordering of any matter is referred either by some Court or consent of the parties to whom it appertains as in Parliament a Bill being read is either consented unto and passed or denied and referred to the consideration of some certain man appointed by the House who hereupon are called a Committee But this word is otherwise used by Kitchen f. 160. where the widdow of the Kings Tenant is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Common COmmon is the right that a man hath to put his Beasts to Pasture or to use the ground that is not his own And note that there are divers Commons that is Common in grosse Common appendant Cōmon appurtenant and Common because of neighbourhood Common in Gross is where I by my Deed grant to another that he shall have Common in my Land Common appendant is where a man is seised of certain land to which he hath Common in anothers ground only for those beasts which compost the land to which it is appendant excepting Geese Goats and H ◠gs which Common is by prescription and of common right and appendant to arable land only Common appurtenant is of the same nature with Common appendant but with all manner of beasts as well Hogs and Goats as Horses Kine and such as compost the ground And this Common may be made at this day and severed from the land to which it is appurtenant but so cannot Common appendant Common because of neighbourhood is where the Tenants of two Lords are seised of two Mannors adjoyning to each other and the Tenants have time out of mind intercommoned each with other with all manner of beasts commonable Yet the one may not put his Cattel in the others ground for so they of the other Town may distrain them Dammage fesant or have an Action of Trespass but they may put them into their own fields and if they stray into the fields of the other Town there they ough to suffer them And the inhabitants of the one Town ought not to put in as many beasts as they will but with regard to the inhabitants of the other for otherwise it were no good Neighbourhood upon which all this depends Common Fine COmmon Fine is a certain summe of Money which the Resiants in a Leet pay unto the Lord of the Leet and it is called in some places Head-silver in some places Certum Letae and was as it seems first granted to the Lord towards the charge of his purchase of the Leet whereby the Resiants had now an ease to do their Suit royal within the Mannor and not be compelled to go to the Sherifs Tourn to do it And for this Common Fine the Lord must prescribe and cannot distrain for it without a prescription as it appears in Godfrey's Case in 11. Rep. fo 44. b. Common Law COmmon Law is for the most part taken three ways First for the Laws of this Realm simply without any other Law as Customary Civil Spiritual or whatever other Law joyned to it as when it is disputed in our Laws of England what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or such like Secondly it is taken for the Kings Courts as the Kings Bench or Common Place only
to shew a difference between them and base Courts as Customary Courts Court-Barons County Courts Pipowders and such like as when a Plea of land is removed out of ancient Demesne because the land is Frank-fee and pleadable at the Common Law that is to say in the Kings Court and not in ancient Demesne or in any other base Court Thirdly and most usually by Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same as for example Tenant for life nor for years were not to be punished for doing Waste at the common Law till the Statute of Gloucester cap. 5. which gives an Action of Waste against them But Tenant by the courtesie and Tenant in dower were punishable for Waste at the Common Law that is by the usual and common received Laws of the Realm before the said Statute was made Common Pleas. COmmon Pleas is the Kings Court now held in Westminster-Hall but in ancient time moveable as appears by Magna Charta cap. 11. But Gwyn in the Preface to his Reading saith That untill the time that Henry the third granted the Great Charter there were but two Courts only called the Kings Courts the Exchequer and Kings Bench which was called Aula Regia because it followed the Court and that upon the grant of that Charter the Court of Common Pleas was erected and setled in a place certain viz. at Westminster and therefore all the Writs were made with this Return Quid sit coram Justiciariis meis apud Westmonasteriū where before the partie was commanded by them to appear coram Me vel Justiciariis meis without any addition of any place certain All Civil causes as well Real as Personal are or were in ancient time tried in this Court according to the strict Law of the Kingdom And by Fortescue cap. 50. it seems to have been the only Court for Real Causes The thief Iudge thereof is called The Lord chief Justice of the Common pleas accompanied with three or four Assistants or Associates who are created by the Kings Letters Patents and as it were installed or placed upon the Bench by the Lord Chancellor and Lord Chief Iustice of the Court as appears by Fortescue cap. 51. who expresses all the circumstances of this Admission The rest of the Officers appertaining to this Court are these The Custos Brevium three Prothenataries Chirographer fourteen Philasers four Exigenters Clerk of the Warrants Clerk of the Iuries Clerk of the Treasurie Clerk of the Kings Silver Clerk of the Essoines Clerk of the Outlawries Common day in plea of land COmmon day in plea of land Anno 13 R. 2. Stat. 1. cap. 17. signifies an ordinary day in the Court as Octabis Michaelis Quindena Paschae c. as you may see in the Statute ◠1 Hen. 3. concerning general days in the Bench. Commotes COmmotes seems to be a compound word of the Preposition Con and Motio that is Dictio Verbum and signifies in Wales part of a County or Hundred An. 28 H. 8. cap. 3. It is written Commoithes Anno 4 H. 4. cap. 17. and is used for a Gathering made upon the people of this or that Hundred by Welsh Minstrels Communi Custodia COmmuni Custodia is a Writ which didlie for that Lord whose Tenant holding by Knights service dies his eldest son within age against a stranger who entred the land and obtained the Ward of the body It seems to take name from the common Custome or right in this case which is That the Lord shall have the wardship of his Tenant untill his full age or because that it is common for the recovery both of the Land and Tenant as appears by the form thereof Old N. B. 89. Regist Orig. 161. Compromise COmpromise is a mutual Promise of two or more parties that are at controversie to submit themselves and all differences between them unto the Award Arbitrement or Iudgment of one or more Arbitrators indifferently chosen between them to determine and adjudge upon all matters referred and upon which the parties differ Computation COmputation is used in the Common Law for the true and indifferent Construction of time so that neither the one party shall do wrong to the other nor the determination of times referred at large be taken one way or other but computed according to the just censure of the Law As if Indentures of Demise are ingrossed bearing date the eleventh day of May 1665. to have and to hold the land in S. for three years from henceforth and the Indentures are delivered the fourth day of June in the year aforesaid In this case from henceforth shall be accounted from the day of the Delivery of the Indentures and not by any computation from the Date And if the said Indenture be delivered at four of the clock in the afternoon of the said fourth day this Lease shall end the third day of June in the third year for the Law in this Computation rejects all fractions or divisions of the day for the incertainty which alwayes is the Mother of contention So where the Statute of Inrollments made Anno 27 Henr. 8. cap. 16. is That the Writings shall be inrolled within six moneths after the Date of the same Writings indented if such Writings have Date the six months shall be accounted from the Date and not from the Delivery but if they want Date then it shall be accounted from the Delivery Co. li. 5. fol. 1. If any Deed be shewed to a Court at Westminster the Deed by Iudgment of the Law shall remain in Court all the Term in which it is shewed for all the Term in Law is but one day Co. lib. 5. fol. 74. If a Church be void and the true Patron doth not present within six months then the Bishop of the Diocess may collate his Chaplain but these six months shall not be computed according to 28 days to the month but according to the Kalendar And there is great diversity in our common speech in the singular number as a Twelve-moneth which includes all the Year according to the Kalendar and twelve-months which shall be computed according to 28 days to every month See Coke lib. 6. f. 61. b. Computo COmputo is a Writ so called of the effect because it compells a Bayliff Chamberlain or Receiver to yield his Account Old Nat. Brev. fol. 53. It is founded upon the Statute of Westm 2. cap 2. which you may for your better understanding read And it also lies for Executors of Executors 15 Ed. 3. Star de Provis Victual cap. 5. Thirdly against the Gardian in Secage for Waste made in the Minority of the Heir Malbr cap. 17. And see farther in what other cases it lies Reg. Orig. fol. 135. Old N. B. fol. 58. F. N. B. fol. 116. Concealers COncealers are such as find out lands concealed that is such lands as are secretly detained from the King by common persons having nothing to shew
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 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
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-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-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
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
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
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
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-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
King certain Land by the Service of carrying his Banner or Launce or to lead his Host or to be his Carver or Butler at his Coronation or the like and that is the most Honorable Service that a Tenant may do and for that it is called Grand Serjeanty But Petit Serjeanty is when one holds of the King paying him yearly a Bow a Sword a Spear or such like and that is but Socage in effect but a man cannot hold in Grand Serjeanty or Petit Serjeanty but of the King Also if a Tenant by Grand Serjeanty dies his Heir being of full age shall pay to the King for Relief the value of the Lands besides the charges that he pays to the King by Grand Serjeanty but he that holds by Escuage shall pay for his Relief but C. 5. Those that are in the Marches of Scotland who hold of the King by Cornage that is to blow an Horn when the Scots enter England are Tenants in Grand Serjeanty Also where a man holds of the King to find a man in his Wars within the Realm that is called Grand Serjeanty because it is done by a mans Body And if the Tenant cannot find a man to do it he is bound to do it himself But see the Stat. 12 Car. 2. c. 24. whereby all Tenures are now turned into Free and Common Socage Gree. GRee comes of the French word Gre good liking and it signifies in our Law Contentment or Satisfaction as in the Statute of 1 R. 2. c. 15. to make Gree to the parties is to give them Contentment or Satisfaction for an Offence done unto them Green hew GReen hew is all one with Vert as appears by Manwood in his Forest Laws cap. 6. sect 5. And for it see Vert. Green Wax GReen Wax is a word used in the Statutes of 42 E. 3. c. 9. and 7 H. 4. c. 3. and signifies the Estreats of Issues Fines and Amerciaments in the Exchequer and delivered out to the Sheriffs under the Seal of the Court to be levied by them in their several Counties Grithbreach GRithbreach that is the Kings Peace broken because Grith in English is Pax in Latine Gule of August GUle of August is the first day or the Calends of August which in the time of E. 1. and E. 3. was called ordinarily the Gule of August as appears by F. N. B. f. 62. l. and Plowdens Com. f. 316. b. It is the very day of S. Peter ad vincula and the reason why it was called the Gule of August is conceived upon a Story recorded by Durandus in his Rationale Divinorum l. 7. c. 19. of a Miracle wrought by S. Peter's Chain upon the daughter of one Quirinus a Tribune of Rome who by the kissing of that Chain was healed of the Kings Evil in her Throat gula And see Hospinian de origine festornm f. 85. b. Gultwit GUltwit is an Amends for Trespass according to Saxton in his Description of England c. 11. H. Habeas Corpus HAbeas Corpus is a writ which a man indited of any Trespass before Iustices of the Peace or in a Court of any Franchise and upon his Apprehenston being laid in Prisost for the same may have out of the Kings Bench thereby to remove himself hither at his own Costs and to answer the Cause there F. N. B. f. 250. h. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Iustices for the removing of the Indictment into the Kings Bench and upon that to procure this writ to the Sheriff to cause his Body to be brought at a day Reg. Judic f. 81. where you may find many cases wherein this writ shall be used Habeas Corpora HAbeas Corpora is a writ which lies against a Iury or any of them that refuse to come upon the Venire facias for the Trial of a Cause brought to issue Habendum HAbendum is a word of form in a Conveyance to the true understanding whereof it is to be observed That in every Deed or Conveyance there are two principal parts the Premisse and the Habendum The Office of the Premisses is to express the Name of the Grantor the Grantee and the thing to be granted The Office of the Habendum is to limit the Estate so that the general Implication of the Estate which by construction of Law passes in the Premisses is by the Habendum controlled and qualified as in a Lease to two men Habendum to the one for life the Remainder to the other for life alters the general Implication of the Joynt-tenancy in the Free-hold which passes by the Premisses if the Habendum were not See Coke l. 2. c. 55. HAbere facias Seisinam Habere facias Seisinam is a Writ Iudicial that lies where one hath recovered certain Lands in the Kings Court then he shall have this writ directed to the Sheriff commanding him to give him Seisin of that Land and it shall not be retornable Habere facias Visum HAbere facias Visum is a writ that lies in divers Cases where view is to be taken of the Lands or Tenements in question See F. N. B. In Indice verbo View Bract. l. 5. tract 3. c. 8. Half-blood HAlf blood See Demysank Half Seal HAlf Seal is a Seal used in Chancery for the Sealing of Commissions to Delegates upon an Appeal in a Cause civil or marine as it appears by the Statute made in 8 Eliz. c. 3. Halymote HAlymote is a Court-Baron as appears by Manwood in his Forest Laws c. 23. f. 217. a. And it is called Halymote that is the Meeting of the Tenants of one Hall or Mannor Hambling or Hoxing of Dogs HAmbling or Hoxing or Hock-sinewing of Dogs are old Forrest terms for the Lawing of Dogs when the Custom was as appears in Manwood's Forrest Laws c. 16. sect 12. to cut or gash Dogs in the Hamms but now they use to do it in their Feet Of which see Expeditate Hand-gun HAnd-gun is an Engine which is prohibited to be used and carryed about by the Statute of 33 H. 8. c. 6. And though a Dag was invented of late time and after the making of the said Act and is not known by the name of Hand-gun but a special name yet the carrying of a Dag is within the said Act and comprehended within the word Hand-gun So whereas Cross-bows are forbidden by the said Act thereby Stone-bows are also forbidden See Coke l. 5. f. 71 72. Hangwit HAngwit is to be quit of a Thief or Felon hanged without Iudgment or escaped out of your custody Hanper HAnper of the Chancery Anno 10 R. 2. c. 1. seems to signifie as Fiscus originally does in Latine Haque HAque is a little Hand-gun of three quarters of a yard long and it is mentioned in the Statutes of 33 H. 8. c. 6. and 2 3 E. 6. c. 14. There is also mention made of an half Haque Haquebut HAquebut is a Gun mentioned in 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
of this Sect. Lord in Grosse LOrd in Grosse is he who is Lord without a Mannor as the King in respect of his Crown Fitz. Nat. Brev. fol. 5. A man makes a Gift in tail of all his Land to hold of him and dies his Heir hath nothing but a Seignory in Gross Lotherwit LOtherwit is that you may take amends of him who doth deffle your Bondwoman without your licence Lushburgh LUshburgh was a counterfeit Coin in the time of E. 3. made beyond Seas in likeness of English Moneys and brought in to deceive the King and his Subjects And therefore it is declared to be Treason by the Stat. of 25 E. 3. Stat. 5. cap. 2. for any man to bring it into the Realm knowing it to be false M. Maegbote MAEgbote was a a Recompence for a Kinsman slain Maihem or Maime MAihem or Maime is where by the wrongful act of another any Member is hurt or taken away whereby the party is made unperfect to fight As if a Bone be taken out of the Head or broken in any other part of the Body or Foot or Hand or Finger or Joynt of a Foot or any Member be cut or by some Wound the Sinews be made to shrink or the Fingers made crooked or if an Eye be put out Fore-teeth broken or any other thing hurt in a mans Body by means whereof he is made the less able to defend himself or offend his enemy But the cutting off of an Ear or Nose or breaking of the Hinder-teeth or such like is no Maihem because it is rather a deformity of Body then diminishing of Strength and that is commonly tryed by the Justices beholding the party And if the Justices stand in doubt whether the hurt be a Maihem or not they use and will of their own discretion take the help and opinion of some skilful Chirurgeon to consider thereof before they determine upon the Cause Mainpernable MAinpernable that may be mainprised or delivered to Mainpernors See the Statute of Westm 1. Cap. 15. what persons may be mainpernable what not Mainprise MAinprise is when a man is arrested by Capias the Iudge may deliver his body to certain men to keep and to bring before him at a certain day and these are called Mainpernors and if the party appear not at the day assigned the Mainpernors shall be amerced Maintenance MAintenance is where any man gives or delivers to another that is Plaintif or Defendant in any Action any sum of money or other thing to maintain his Plea or takes great pains for him when he hath nothing therewith to do then the party grieved shall have against him a Writ called a Writ of Maintenance Manbote MAnbote signifies a Pecuniary Compensation for the killing a man Lambert Mandamus MAndamus is a Writ that goes to the Escheator for the finding of an Dffice after the death of one that died the Kings Tenant and it is all one with the Writ of Diem clausit extremum but that the Diem clausit extremum goes out within the year after the death and the Mandamus goes not out till after the year and in case where there was never any Diem clausit extremum sued out or was not sued out with effect Fitz. N. B. 253. B. C. See the Stat. 12 Car. 1. cap. 24. Also there is another sort of Mandamus granted upon Motion in the Kings Bench one to the Bishop to admit an Executor to prove a Will or to grant Administration Stiles Reports 78. Another to command Corporations to restore Aldermen and others to Offices out of which they are unjustly put out Look 11 Report James Bag 's Case Mannor MAnnor is compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowson Court-Baron and such like which make a Mannor And this ought to be by long continuance of time the contrary whereof mans memory cannot discern for at this day a Mannor cannot be made because a Court-Baron cannot now be made and a Mannor cannot be without a Court-Baron and Suiters and Freeholders two at the least for if all the Free-holds except one escheat to the Lord or if he purchase all except one there his Mannor is gon for that it cannot be a Mannor without a Court-Baron as is aforesaid and a Court-Baron cannot be holden but before Suiters and not before one Suiter and therefore where but one Free-hold or Freeholder is there cannot be a Mannor properly although in common speech it may be so called Mansion MAnsion Mansio is most commonly taken for the chief Messuage or Habitation of the Lord of a Mannor the Mannor-house where he doth most reside his Capital Messuage as it is called of which the Wife by the Statute of Mag. Chart cap. 7. shall have her Quarentine Munucaptio MAnucaptio is a Writ that lies for him who is arrested or indicted of Felony and offers sufficient Sureties for his Appearance but the Sheriff or he whom it concerns will not suffer him to be bailed then he shall have his Writ to command them to suffer him to be bailed See of this Fitz. N. B. fol. 249. G. Manumission MAnumission is the making a Bond-man free and may be in two sorts the one is a Manumission expressed the other a Manumission implied Manumission expressed is where the Lord makes a Deed to his Villain to Infranchise him by this word Manumittere which is as much to say as to let one go out of another mans hands or power The manner of Manumitting or Infranchising in old time most usually was thus The Lord in presence of his Neighbors took the Bondman by the Head saying I will that this Man be free and therewith shoved him forward out of his hand and by this he was free Manumission implied without this word Manumitere is when the Lord makes an Obligation to his Villain to pay him money at a certain day or sues him where he might enter without Suit or grants him an Annuity or Leases Lands to him by Deed for years or life and in divers like cases the Villain thereby is made free Marchers MArchers are the Noble-men dwelling on the Marches of Wales or Scotland who in â— imes past had their private laws as if they had been Kings and therefore in the Statutes of 2 H. 4. c. 28. 26 H. 8. cap. 6. 27 H. 8. cap. 26. and 1 E. 6. cap. 10. they are called Lord Marchers Marches MArches are the bounds and Limits betwixt us and Wales or Scotland so called either from the German word March which signifies a Frontire or Border or else from the French word Marque that is a Sign or Token of Distinction these being the notorious Distinctions of two divers Countries Of these you shall read in the Statutes of 4 H. 5. cap. 7. 22 E. 4. cap. 8. 24 H. 8. cap. 9. and others Marshal MArshal is a general word for many Officers in England as the Lord or Earl Marshal of whom mention is made in the Statutes
the Statute of Mag. Charta cap. 14. speaks And therefore if a man be outragiously amerced in a Court not of Record as in a Court-Baron c. there is a Writ called Moderata Misericordia to be directed to the Lord or his Baily commanding them that they take moderate Amerciaments according to the quantity of the fault And of that see Fitzh N. B. fol. 75. A. and Moderata Misericordia after Misnomer MIsnomer is the Mistake of a Name or the using of one Name for another See Broke tit Misnomer Misprision MIsprision is when one knows that another hath committed Treason or Felony and will not discover him to the King or his Council or to any Magistrate but conceals the same Divers other offences are called Misprision as when a Chaplain had fixed an old Seal of a Patent to a new Patent of Non-residence this was held to be Misprision of Treason only and no counterfeiting of the Kings Seal So it is holden in 37 H. 8. Bro. tit Treason 3. in Fine but 2 H. 4. f. 25. A. it is adjudged contrary and Stamf. Pl. cor fol. 3. B. cites it Treason and so it is holden at this day And if a man know Money to be counterfeit and bring the same from out of Ireland hither and utter it in payment yet this is but Misprision of Treason and no Treason and so it is in divers like cases In all cases of Misprision of Treason the Party offendor shall forfeit his Goods for ever and the profits of his Lands for his life and his Body to Prison at the Kings pleasure And for Misprision of Felony or Trespass the Offendor shall be committed to Prison until he have found Sureties or Pledges for his Fine which shall be assessed by the discretion of the Iustices before whom he was convict And note That in every Treason or Felony is included Misprision and where any man hath committed Treason or Felony the King may cause him to be Indicted and Arraigned of Misprision only if he will See more hereof Stamf. lib. 1. cap. 39. Mittimus MIttimus is a Writ by which Records are transferred from one Court to another sometimes immediately as it appears in the Statute of 5. R. 2. cap. 15. as out of the Kings Bench into the Exchequer and sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 H. 8. Dyer fol. 29. a b. 29 H. 8. Dyer fol. 32. a b. This word is used also for the Precept that is directed by a Iustice of Peace to a Goaler for the receiving and safe keeping of a Felon or other Offendor committed by the said Iustice to the Goal Moderata Misericordia MOderata Misericordia is a Writ that lies where a man is amerced in Court-Baton or County more then he ought to be then he shall have this Writ directed to the Sheriff if it be in the County or to the Bayliff if it be in Court-Baron commanding them that they amerce him not but with regard to the quantity of the Trespass and if they obey not this Writ then shall go forth against them a Sicut alias and Causam nobis significes and after that an Attachment Modus decimandi MOdus decimandi is Mony or other thing of value given annually in lie â— of Tithes The tryal of which appertains to the Common Law and not to any Court-Christian Ridley's view del Civil Law 141. In which he says There was one modus decimandi pro omnibus rebus per totum regnum Monstrans de Droit MOnstrans de Droit is a Suit in Chancery for the Subject to be restored to Lands and Tenements which he shews to be his Right but are by Office found to be in the possession of another that is lately dead by which Office the King is intitled to a Chattel Free-hold or Inheritance in the said Lands And this Monstrans de Droit is give by the Statutes of 34 E. 3. cap. 14. and 37 E. 3. cap. 13. See Coke lib. 4. fol. 54. B. in the Case of the Wardens and Commonalty of Sadlers Shewing of Deeds or Records SHewing of Deeds or Records is thus An Action of Debt is brought against A upon an Obligation by B or by Executors c. After the Plaintiff hath declared he ought to shew his Obligation and the Executor the Testament to the Court. And so it is of Records And the diversity between Shewing of Deeds or Records and Hearing of Deeds or Records is this He that pleads the Deed or Record or Declares upon it ought to shew the same and the other against whom such Deed or Record is pleaded or declared and is thereby to be charged may demand hearing of the same Deed or Record which his Adversary brings or pleads against him Monstraverunt MOnstraverunt is a Writ that lies for the Tenants in Ancient Demesne and is directed to the Lord him commanding not to Distain his Tenant to do other Service then he ought and they may have this Writ directed to the Sheriff that he suffer not the Lord to distrain the said Tenant to do other Service If the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Iustices and all the names of the Tenants shall be put in the Writ though but one of them be grieved Also if any Land in ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ which is called of Right close after the Custome of the Mannor and that shall be alway brought in the Lords Court and thereupon he shall declare in the nature of what Writ he will as his case lies and this Writ shall not be removed but for a great cause or non-power of the Court. Also if the Lord in another place out of ancient Demesne distrain his Tenant to do other Service then he ought he shall have a Writ of Right called Ne Injuste vexes and it is a Writ of Right Patent which shall be tried by Battel or Grand Assise Mortdancester MOrtdancester See before in the Title Cosinage MOrtgage or Morgage MOrtgage or Morgage is when a Man makes a Feoffment to another on such condition that if the Feoffor pay the Feoffee at a certain day 40 li. of money then the Feoffor may re-enter c. In this case the Feoffee is called Tenant in Morgage And as a Man may make a Feoffment in Fee in Morgage so he may make a Gift in Tail or a Lease for Life or Years in Morgage And it seems the cause why it is called Morgage is for that it stands it doubt whether the Feoffoe will pay the mony at the day appointed or not and if he fail then the Land which he laid in gage upon condition of payment of the money is gone from him for ever and so dead to him upon condition but if he pay the mony then is the gage dead
as to the Tenant that is the Feoffee And for this cause it is called in Latine Mortuum vadium as Littleton saith or rather Mortuum vas as I think Also if a Feoffment be made in Morgage upon condition that if the Feoffor pay such a sum at such a day c. and the Feoffor dies before the day yet if the Heir of the Feoffor pay the sum at the same day to the Feoffee and the Feoffee refuses it the Heir of the Feoffor may enter But in such case if there be no day of payment expressed then such Tender of the Heir is void because when the Feoffor dies the time of Tender is past otherwise the Heirs of the Feoffor shall have time of Tender for ever which would be inconvenient that one shall have a Fee-simple to him and his Heirs defeasible always at the pleasure and will of others But in the first case the time of Tender was not expired by the death of the Feoffor Mortmain MOrtmain where Lands are given to a House of Religion or to other Company Incorporate by the Kings Grant the Land is come into Mortmain that is in English a dead hand and then the King or the Lord of whom the Land is holden may enter as appears by the Statute de Religiosis And if one make a Feoffment upon trust to certain persons to the use of a House of Religion or to the use of any Guild or Fraternity Corporate it shall be said Mortmain and he shall incur the same penalty as appears by the Statute Anno 15 R. 2. Mortuary MOrtuary is that Beast or other Chattel moveable which after the death of the owner by the Custom of some places became due to the Parson Vicar or Priest of the Parish in lieu or satisfaction of Tithes or Offerings forgot or not well and truly paid by him that is dead See now the Statute of 21 H. 8. cap. 6. which â— imits the course and order of the payment of these Mortuaries or of money for them Mulier MUlier is a word used in our Law but how aptly I cannot say for according to the proper signification Mulier is a defiled Woman as it is used in Ulpianus thus Si ego me Virginem emere putarem cum esset Mulier emptio non valebat Whereby you may see Mulier is a Woman that hath had the company of a Man But to leave the right signification Mulier is taken in our Law for one that is lawfully begotten and born and is always contra-distinguished with Bastard only to shew a difference between them as thus A Man hath a Son of a Woman before Marriage that is a Bastard and Vnlawful and after he marries the Mother of the Bastard and they have another Son this second Son is called Mulier that is to say Lawful and shall be Heir to his Father but the other cannot be Heir to any man because it is not known nor certain in the Iudgment of the Law who was his Father and for that cause is said to be No mans son or the son of the people and so without Father according to these old verses To whom the People Father is to him is Father none and all To whom the People Father is well fatherless we may him call And always you shall find this addition to them Bastard eldest and Mulier youngest when they are compared together Muniments MUniments are Evidences or Writings concerning a Mans Possession or Inheritance whereby he is able to defend the Estate which he hath And they are fo called from the Latin word Munio which signisies to defend or fortifie And 35 H. 6. fol. 37. b. Wangford says That this word Muniment includes all manner of Evidences viz. Charters Releases and others Murage MUrage is a Toll or Tribute levied for the repairing or Building of Publick Walls See Fitz. Nat. Brev. fol. 227. D. and the Statute of 3 E. 1. cap. 30. Murder MUrder is a wilful Killing a Man upon Malice forethought and seems to come of the Saxon word Mordren which so signifies And Mordridus is the Murderer even until this day among them in Saxony from whence we have most of our words as hath been often said Or it may be derived of Mort and dire as Mors dira See Stanf. Pleas of the Crown lib. 1. Muster MUster comes of the French word Monstrer that is to shew for to Muster is nothing but to shew men and their Arms and to In â— ol them in a Book as appears by the Statute of 18 H. 6. cap. 39. N. Naam NAam is the Attaching or Taking of the moveable Goods of another man and is either lawful or unlawful Lawful Naam is a reasonable Distress according to the value of the thing for which the Distress is made See mo â— e of this in Horn's Mirror of Justices lib. 2. Nativo habendo NAtivo habendo is a Writ that lies where the Villain or Nief of the Lord is gone from him then the Lord shall have this Writ directed to the Sheriff to cause the Lord to have his Villain or Nief with all his goods In this Writ more Villians or Niefs may not be demanded then two but as many Villains or Niefs as will may jointly bring a Writ de Libertate probanda And if a Villain or Nief bring his Writ de Libertate probanda before the Lord bring this Writ then the Villain Plaintiff shall be in peace till the coming of the Iustices or else his Writ shall not help him Also if a Villain have tarried in ancient Demesne one year and a day without claim of the Lord then he cannot seise him in the said Franchise Naturalization NAturalization See Denizen Ne admittas NE admittas is a Writ directed to the Bishop at the Suit of one who is Patron of any Church and he doubts that the Bishop will collate one his Clerk or admit another Clerk presented by another man to the same Benefice then he that doubts it shall have this Writ to forbid the Sheriff to collate or admit any to that Church Negative Pregnant NEgative Pregnant is when an Action Information or such like is brought against one and the Defendant pleads in Bar of the Action or otherwise a Negative Plea which is not so special an answer to the Action but that it includes also an Affirmative As for example If a Writ of Entrie en casu proviso be brought by him in the Reversion of an Alienation by the Tenant for Life supposing that he hath aliened in Fee which is a Forfeiture of his Estate and the Tenant to the Writ saith He hath not alienated in Fee this is a Negative wherein is included an Affirmative for though it be true that he hath not aliened in Fee yet it may be he hath made an Estate in Tail which is also a Forfeiture and then the Entry of him in the Reversion is lawful c. Also in a Quare impedit the King makes Title to present to a
Law and for not performance thereof no Action lies for Ex nudo Pacto non oritur Actio Nuper obiit NUper obiit is a Writ and it lies where one hath many Heirs that is many Daughters or many Sons if it be in Gavelkind in Kent and dies seised and one Heir enters into all the Land then the others whom he holds out shall have this Writ against the Coheir that is in But a Writ of â— ationabili parte lies in such ca â— e where the Ancestor was once seised and died not seised of the Possession but in Revertion Nusance NUsance is where any Man raises any Wall or stops any Water or doth any thing upon his own Ground to the unlawful hurt or annoyance of his neighbor he that is grieved may have thereof an Assise of Nusance And if he that makes the Nusance aliens the Land to another then this Writ shall be brought against them both as it appears by the Stat. of Westm 2. c. 24. It may be also by stopping Lights in an House or causing water to run over House or Lands for remedy whereof an Action upon the Case or Assise lyeth O. Oblations OBlations are what things soever are offered to God and his Church by pious and faithful Christians Occupant OCcupant Is when a man makes a Lease to another for the Term of the Life of a third person The Lessee dies He who first enters shall hold the land as occupant during the life of the third person To prevent which such Leases are now made to the Lessee his heirs nnd assigns 2 Cro. 554. Co. 6. r. 37. Odio Atia ODio Atia is an old Writ mentioned in the Statute of Westm 1. made in 3 E. 1. cap. 11. and it was directed to the Sheriff to inquire whether a man committed to prison upon Suspicion of Murther were committed upon just cause of Suspicion or for Malice only And if upon an inquisition it were found that he were not guilty then there came another Writ to the Sheriff to bail him But now that course is taken away by the Statute of 28 E. 3. cap. 9. as it appears in Stamford's Pl. of the Crown fol. 77. G. Aud see Coke lib. 9. fol. 56. a. b. Ordael ORdael is as much as to say as Not guilty and was an ancient manner of Trial in Criminal causes for when the Defendant being arraigned pleaded Not guilty he might chuse whether he would put himself upon God and the Country which is upon the Verdict of twelve men as they are at this day or upon God onely and therefore it was called The Judgment of God presuming that God would deliver the innocent and that was if he were of Free estate by Fire that is to say to go bare-footed over nine Plow-shares fire-hot and if he escaped unhurt he should be acquitted and if not then he should be condemned And if the party were of Servile condition then he should be tried by Water which was in divers manners For which see Lambert in the word Ordalium But now this Trial is prohibited by Parliament See Coke lib. 9. fol. 32. b. Ordelfe ORdelfe is where one claims to have the Ore that is sound in his Soil or Ground Ordinary ORdinary is a term of the Civil Law and there signifies any Iudge that hath authority to take Conusance of Causes in his own Right and not by Deputation But in the Common Law it is properly taken for the Bishop of the Diocess who is the true Ordinary to certifie Excommunications lawful Marriages and such Ecclesiastical and Spiritual acts within his Diocess to the Iudges of the Common Law for he is the party to whom the Court ought to write upon such occasions And yet the word Ordinary is usually taken in the Common Law and Statutes for every Commissary or Official of the Bishop or other Iudge Ecclesiastical that hath Iudicial Authority within his Iurisdictio â— as appears in Coke l. 9. Hensloe's C. fol. 36. b. and the Statute of Westm 2. cap. 19. 31 E. 3. cap. 11. and many others Orfgild ORfgild signifies a payment or restoring of Cattel from the Sax. Orf. Pecus and Guild Solut â— o Redditio Ouster le maine OUster le maine is a Writ directed to the Escheator to deliver Seisin or Possession out of the Kings hands unto the party that sues the Writ for that the Lands seised are not holden of the King or for that he ought not to have the wardship of them or for that the Kings Title is determined c. It is also the Iudgement given in a Monstrans de Droit or upon a Traverse or Petition for when it appears upon the matter discussed that the King hath no Right or Title to the thing that he seised then Iudgment shall be given that the Kings hand be amoved and thereupon an Amoveas manum shall be awarded to the Escheator which is as much as if Iudgment were given that the party should have his Lands again And see for this Stamf. Prerog cap. 24. Outfangtheef OUtfangtheef is that Thieves or Felons belonging to your Land or Fee but taken out of it shall be brought back to your Court and there judged Outlary OUtlary See Utlary Owelty OWelty is when there is Lord Mesne and Tenant and the Tenant holds of the Mesne by the same Service that the Mesne holds over of the Lord above him as if the Tenant holds of the Mesne by Homage Fealty and xx s. Rent and the Mesne holds over of the Lord above by Homage Fealty and xx s. Rent also this is called Owelty of Services Hearing of Records and Deeds c. HEaring of Records and Deeds is where an Action of Debt is brought against a man upon an Obligation and the Defendant appears and then prays that he may hear the Obligation wherewith the Plaintiff charges him So it is when Executors bring an Action of Debt and the Defendant demands to hear the Testament upon this demand it shall be read unto him But if it be in another Term or after the Defendant hath imparled then he shall not hear it And so as is said of Deeds is to be understood of Records that are alledged against him But in the Kings Bench the Defendant may at any time before Plea and the Plaintiff have Oyer of Deed and Record See the Title Monstrans de Fait Oyer and Terminer OYer and Terminer is a Writ called in Latine de Audiendo Terminando and it lies where any great or sudden Insurrection is made or any other sudden Trespass which requires hasty Reformation then the King shall direct a Commission to certain Iustices to hear and to determine the same Note that the Iustices of Assise have also one Commission of Oyer and Terminer directed to them and divers other Inhabitants within the Shires whereunto their Circuit extends whereof each of the Iustices of Assise are of the Quorum for the hearing and determining of divers Offences which may
parts as there are Parceners then to write every part severally in a Little Scroll or piece of Paper or Parchment and put the same Scroll up close into a Hat or Cap or other such like thing and then each Parcener one after another as they are in age to draw one piece or Scroll wherein is written a part of the Land which by this Drawing is now severally alloted to them in Fee-simple The fourth Partition which is by Compulsion is when one or some of the Coparceners would have Partition and other some will not agree thereto then they that so would have Partition may bring a Writ De Partitione facienda against the others that would not make Partition by virtue whereof they shall be compelled to part c. In Kent where the Lands are of Gavelkind-nature they call at this day their Partition Shifting even the same word that the Saxons used namely Shiftan which signifies to make Partition between Coheirs and to assign to each of them their portion In Latin it is called Herciscere Partition also may be made by Ioyntenants or Tenants in common by their assent by Deed between them or by Writ by the Statutes of 31 H. 8. cap. 1. and 32 H. 8. cap. 32. Pasport PAsport is a word mentioned in the Statute of 2 E. 6. cap. 2. and signifies a Licence made by any that hath authority for the safe passage of any man from one place to another Patron PAtron is he that hath the Advowson of a Parsonage Vicarage Free-chappel or such like Spiritual Promotion belonging to his Manor or otherwise in gross and thereby may or ought to give the same Benefice or present thereto when and as often as it becomes void And this being Patron or Patronage had beginning for the most part by one of these three ways namely either by reason of the Foundation for that the Patron or his Ancestors or those from whom he claims were Founders or Builders of the Church or by reason of Donation for that they did endow or give Lands to the same for maintenance thereof or else by reason of the Ground because the Church was set or built upon their soil or ground and many times by reason of all three Paunage or Pannage PAunage or Pannage is that mony which the Agistors of Forests do gather for the feeding of Hoggs within the Forrest and it is also taken for all manner of Mast of trees within the Forest on which the Hogs do feed See Manw. For. Laws chap. 12. fol. 90. a. Peers PEers are those that are impannelled in an Enquest upon any man for the convicting or clearing him of any offence for which he is called in question The reason of which appellation of the Iury is for that Peers comes from the Latin Pares that is Equals and the custome of our Nation is to try every man by his Equals that is to say by his Peers And so it appears by the Statutes of Magna Charta cap. 29. West 1. cap. 6. This word is also used for the Nobility of the Realm and Lords of the Parliament who are called the Peers of the Realm And of that see Stamf. Pl. of the Crown lib. 3. cap. 1. fol. 152. Perambulatione facienda PErambulatione facienda is a Writ that lies where two Lordships lie one nigh another some Encroachment is made by long time then by assent of both Lords the Sheriff shall take with him the parties and the neighbours and shall make Perambulation and shall make the Bounds as they were before But if a Lord encroach upon another and he will not make Perambulation then the Lord so grieved shall have a Writ against the other which is called de Rationalibus divisis Perjury PErjury is a corrupt or voluntary false Oath given in Chancery or in Evidence to a Iury upon tryal of an issue at Common Law See Stat. 5 El. cap. 9. Perinde valere PErinde valere is a term that belongs to the Ecclesiastical Law and signifies a Dispensation granted to a Clerk who not being capable of a Benefice or other Ecclesiastical Function is de facto admitted to it And it hath the name from the words which make the faculty as effectual to the party as if he were actually capable of the thing for which he hath his Dispensation at the time of his admittance Pernor of Profits PErnor of Profits is he that takes the Profits Pernor of Profits and Cestuy que use is all one Coke lib. 1. Casu Chudley fol. 123. But one may be Pernor of c. and not Cestuy que use by Title but by Coven which see Co. 5. 77 78. Co. Entr. 698. 2 Leo. rep 16. 2 Anderson 25. Stat. 11. H. 6. 3. Perpetuity PErpetuity is used in Law where an Estate is so designed to be settled in Tail c. that it cannot be undone or made void Which the State cannot bear as is said in the end of the case Moo rep 809 810. Co. 1. 84. 130. Co. 6. 40. l. 8. 90. Per quae servitia PEr quae servitia is a Writ Iudicial and goes out upon the Note of a Fine and it lies for the Conusee of a Mannor or Seigniory to compel him that is Tenant of the Land at the time of the Fine levied to attourn to him And of this Writ see the Old N. B. f. 170. a. Perquisites PErquisites are Advantages and Profits that come to a Mannor by casualty and not yearly as Escheats Harriots Reliefs Waifes Estrays Forfeitures Amerciaments in Courts Goods and Lands purchased by Villains of the same Mannor Fines of Copiholds and divers other like things that are not certain but come by chance sometimes more often than at other times See Perkins fol. 20 21. Personalty PErsonalty as the Action is in the Personalty that is to say brought against the right person or the person against whom in Law it lies Petit Cape PEtit Cape is a Writ that lies when any Actios Real that is to say of Plea of Land is brought and the Tenant appears and afterward makes Default then this Petit Cape shall go forth to seise the Lands into the Kings hands But if he appears not at the first Summons then a Grand Cape shall go forth and for such Defalt the Tenant shall lose the Land But if he wage his Law of Non-summons he shall save his Default and then he may plead with the Demandant And in Grand Cape the Tenant shall be summoned to answer to the Default and farther to the Demandant But in Petit Cape he shall be summoned to answer to the Default only and not to the Demandant And it is called Petit Cape for that there is less in this Writ than in the other Pettybag PEttybag is an Office in the Court of Chancery for Suits for and against Attorneys and Officers of that Court And for process and proceedings by extents on Statutes Recognizances Ad quod dampnum c. Parva Baga dicitur Petit
is a Writ that lies where the Tenant holds of the King in chief as of his Crown and he is deforced that is put out of his Land then he shall have this Writ and it shall be Close and shall be pleaded in the Common Pleas. Also if any Tenant that holds of any Lord be deforced it behoves him to sue a Writ of Right Patent which shall be determined in the Lords Court But if the Land be holden of the King the Writ of Right Patent shall be brought to the Kings Court and the Writ may be removed from the Lords Court unto the County by a To â— t and from the County into the Common Place by a Pone Look therefore before in the Title Drolt Praecipe PRaecipe are of divers sorts Quod reddat terras as dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary is compounded of two Latine words prae and Notarius and is used in our Law for the chief Clerks of the Kings Courts whereof there is one in the Kings Bench and three in the Common Pleas. He in the Kings Bench records all Actions Civil sued in that Court and they of the Common Pleas inrol all Declarations Pleadings and Iudgments and make out all Iudicial Writs they Inroll all Fines and Recognisances and exemplifie all Records the same Term before the Rolls are delivered out of their hands In 15 E. 4. 26 b. This Officer is called Praesignator And one of the three in the Common Bench Praesignator pauperum Premisses PRemisses See Habendum Praemunire PRaemunire is a Writ that lies where any man sues another in the Spiritual Court for any thing that is determinable in the Kings Court for which great punishment is ordained by divers Statutes viz. that he shall be out of the Kings protection and put in Prison without Bail or Mainprise till he have made Fine at the Kings Will and that his Lands and Goods shall be forfeited if he come not within two months And his Provisors Procurators Atturneys Executors Notaries and Maintainers shall be punished in the same manner Therefore look the Statute Also some say if a Clerk sue another man in the Court of Rome for a thing Spiritual where he may have remedy within the Realm in the Court of his Ordinary that he shall be within the case of the Statute And upon divers other offences is imposed by Statutes lately made the Penalty that they incur who are attainted in Praemunire As by 13 Eliz. cap 8. they who are aiding to make a corrupt Bargain whereupon Vsury is reserved above x. l. in the hundred for a year c. Prender PRender is the power or right of Taking a thing before it be offered from the French prendre i. accipere Prescription PRescription is when a Man claims any thing because he his Ancestors or Predecessors or they whose Estate he hath have had or used it all the time whereof no memory is to the contrary But one may not prescribe against a Statute except he have another Statute that serves for him Presentment PResentment is of two significations One is to a Church as when a man hath right to give any Benefice Spiritual and names the person to the Bishop to whom he will give it and makes a Writing to the Bishop for him that is a Presentation or Presentment If divers Coheirs cannot agree in Presentment the Presentee of the eldest shall be admitted But if Ioyntenants and Tenants in common agree not within six moneths the Bishop shall present by lapse The other is a Presentment or Information by a Iury in a Court before any Officer who hath Authority to punish any offence done contrary to the Law Pretensed Right or Title PRetensed Right or Title is where one is in possession of Lands or Tenements and another who is out claims it and sues for it now the pretensed Right or Title is said in him who so doth sue claim And if he afterward come to the possession his Right or Title is annexed to the Land and possession and not then called Right Primer Seisin PRimer Seisin is used in the Common Law for a branch of the Kings Prerogative by which he hath the first possession that is the intire Profits for a year of all the Lands and Tenements whereof his Tenant that held of him in capite died seised in his Demesne as of Fee his Heir then being at full age and thus the King takes in lieu of the intire Profits which he may take if he will until Livery be sued or at the least tendered Prerog Reg. c. 3. Stamf. f. 11. B. See the Stat. 12 Car. 2. c. 24. Prisage PRisage is that part or portion that belongs to the King of such Merchandizes as are taken at Sea by way of lawful Prise And this word you shall find in the Statute of 31 Ell â— cap. 5. Prisage of Wines PRisage of Wines mentioned in the Stat. 1 H. 8. c. 5. is a custom by which the King out of every Bark laden with Wine under 40 Tun claims to have two Tun at his own price Privie or Privities PRivie or Privities is where a Lease is made to hold at will for years for life or a Feoffment in fee and in divers other cases now because of this that hath passed between these parties they are called Privies in respect of strangers between whom no such Conveyantes have been Also if there be Lord and Tenant and the Tenant holds of the Lord by certain Service there is a Privity between them because of the Tenure and if the Tenant be disseised by a stranger there is no Privity between the Disseisor and the Lord but the Privity still remains between the Lord and the Tenant that is disseised and the Lord shall avow upon him for that he is his Tenant in right and in Iudgment of the Law Privies are in divers sorts as namely Privies in Estate Privies in Deed Privies in Law Privies in Right and Privies in Blood Privies in Estate is where a Lease is made of the Mannor of Dale to A for life the Remainder to B in fee there both A and B are Privies in Estate for their Estates were both made at one time And so it is in the first case here where a Lease is made at will for life or years or a Feoffment in fee the Lessees or Feoffees are called Privies in Estate and so are their Hairs c. Privies in Deed is where a Lease is made for life and afterward by another Deed the Reversion is granted to a stranger in fee this Grantee of the Reversion is called Privy in Deed because he hath the Reversion by Deed. Privy in Law is where there is Lord and Tenant the Tenant leases the Tenancy for life and dies without Heir and the Reversion escheats to the Lord he is said Privy in Law because he hath his Estate
c. 10. f. 74. a. Purveyors PUrveyors were ancient Officers to provide Victuals for the King which Office is mentioned in the Statute 28 E. 1. cap. 2. 36 E. 4. cap. 6. 14 E. 3. cap. 19. But it is abolished by the Stat. 12 Car. 2. cap. 24. Q. Quadrantata terrae QUadrantata terrae is the fourth part of an Acre Quae plura QUae plura is a Writ that lies in case where the Escheator hath found an Office after the death of the Kings Tenant virtute officii and hath not found all the Lands of which he died seised then this Writ shall issue in nature of a Melius inquirendo to find what Lands he had more See F. N. B. f. 255. a. Quale jus QUale jus is a Writ that lies where an Abbot Prior or such other should have Iudgment to recover Land by Default of the Tenant against whom the Land is demanded then before Iudgment given or Execution awarded this Writ shall go forth to the Escheator to enquire what right he hath to recover And if it be found that he hath not right then the Lord who should have the Land if the Tenant had aliened in Mortmain may enter as into Land aliended in Mortmain for this losing by Default is like an Alienation See the Stat. Westm 2. c. 32. But where one will give Lands to a House of Religion an Ad quod damnū shall go forth to the Escheator to enquire of what value the Land is and what prejudice is shall be to the King Quare ejecit infra terminum QUare ejecit infra terminum is a Writ that lies where one makes a Lease to another for term of years and the Lessor infeoffs another and the Feoffee puts out the Termour then the Termour shall have this Writ against the Feoffee But if another stranger put out the Termour then he shall have a Writ De ejectione firmae against him And in these two Writs he shall recover the term and his dammages Quare impedit QUare impedit is a Writ that lies where I have an Addowson and the Parson dies and another presents a Clerk or disturbs me to present then I shall have the said Writ But Assise de darrein presentment lies where I or my ancestors have preseuted before And where a man may have art Assise de darrene presentment he may have a Quare impedit but not contratiwise Also if the Plea be depending between two parties and be not discussed within fix moneths the Bishop may present by Lapse and he that hath right to present shall recover his dammages as appears by the Statute of Westm 2. c 5. And if he that hath right to present after the death of the Parson brings no Quare impedit nor Darreine presentment but suffers a stranger to usurp upon him yet he shall have a Writ of right of Advowson But this Writ lies not unless he claim to have the Advowson to him and his heirs in Fee Quare incumbravit QUare incumbravit is a Writ that lies where two are in Plea for the Advowson and the Bishop admits the Clerk of one of them within the six moneths then he shall have this Writ against the Bishop But this Writ lies always depending the Plea Quare intrusit Matrimonio non satisfacto QUare intrusit Matrimonio non satisfacto is a Writ that lies where the Lord profers convenable Marriage to his Ward and he refuses and enters into the Land and marries himself to another then the Lord shall have this Writ against him Quare non admifit QUare non admifit is a Writ that lies where a man hath recovered an Advowson and sends his convenable Clerk to the Bishop to be admitted and the Bishop will not receive him then he shall have the said Writ against the Bishop But a Writ of Ne admittas lies where two are in Plea if the Plaintiff suppose the Bishop will admit the Clerk of the Defendant then he may have this Writ to the Bishop commanding him not to admit him hanging the Plea Quarels QUarels is derived from Querendo and extends not only to Actions as well real as personal but also to the Causes of Actions and Suits so that by the Release of all Quarels not only Actions depending in Suit but Causes of Action and Suit also are released and Quarels Controversies and Debates are words of one sense and of one and the same signification Coke lib. 8. fol. 153. Quarentine QUarentine is where a man dies seised of a Mannour-place and other Lands whereof the Wife ought to be endowed then the woman may abide in the Mannour-place and there live of the store and profits thereof the space of sorty days within-which time her Dower shall be assigned as it appears in Magna Charta cap. 6. Que estate QUe estate is a term in pleading to avoid prolixity as if a man pleads a feoffment in fee to A. cujus statum idem B. modo habet and no one can plead it but Tenant of the Fee nor can it be pleaded of things which pass meerly by grant as Advowsons Franchises c. Quid juris clamat QUid juris clamat is a Writ that lies where I grant the Reversion of my Tenant for life by Fine in the Kings Court and the Tenant will not attorn then the Grantee shall have this Writ to compel him But a Writ of Quem redditum reddit lies where I grant by Fine a Rent charge or another Rent which is not Rent service which my Tenant holds of me and the Tenant will not attorn then the Grantee shall have this Writ And a Writ of Per quae servitia lies in like case for Rent service Also if I grant four divers Rents to one man and the Tenant of the Land attourns to the Grantee by payment of a peny or of a half peny in the name of Attournment of all the Rents this Attournment shall put him in seisin of all the Rent But these three Writs ought to be brought against those who are Tenants at the day of the Fine levied and against no other Fifteenth FIfteenth is a Payment granted in Parliament to the King by the Temporalty namely the fifteenth part of their goods And it was used in ancient time to be levied upon their Cattel going in their grounds which thing was very troublesome and therefore now for the most part that way is altered and they use to levie the same by the Yard or Acre or other measure of Land by means whereof it is now less troublesome and more certain than before and every Town and Country know what sum is to be paid among them and how the same shall be raised We read that Moses was the first that numbred the people for he numbred the Israelites and the first Tax Subsidy Tribute or Fifteenth was invented by him among the Hebrews as Polydore Virgil thinks Quit claim QUit claim is a Release or Acquitting of a man for any Action that he
and not retornable And if the Sheriff do it not then there shall go forth another Writ Sicut alias and afterward another Writ Sicut pluries vel causam nobis significes which shall be retornable And if the Sheriff yet make no Replevin then there shall issue an Attachment directed to the Coroners to attach the Sheriff and to bring him before the Iustices at a certain day and farther that they make execution of the first Writ Replication REplication is when the Defendant in any Action makes an Answer and the Plaintiff replies to that that is called the Replication of the Plaintiff Reprises REprises are Deductions Payments and Duties that go yearly and are paid out of a Mannor as Rent chare Rent seck Pensions Corrodies Annuities Fees of Stewards or Bailiffts and such like Reprieve REprieve comes from the French Repris that is taken back so that to reprieve is properly to take back or suspe â— d a Prisoner from the Execution and proceedings of the Law for that time Requests REquests is a Court held in the Kings Palace before the Master of the Requests by Petition and it seems is a Court of Equity Rere County REre County is a word used in the Statutes of Westm 2. cap. 39. and 2 E. 3. c. 5. and seems by those Statutes to be some publick place which the Sheriff appointed for the receiving of the Kings mony after his County Court was done Resceit REsceit is when any Action is brought against the Tenant for term of life or years and he in the Reversion comes in and prays to be received to defend the Land and plead with the Demandant And when he comes it behoves that he be alway ready to plead with the Demandant In the same manner a Wife shall be received for the default of her Husband in an Action brought against them both And Tenant for years shall be received to defend his Right where in an Action brought against the Tenant of the Free-hold he pleads faintly Rescous REscous is a Writ that lies when any man takes a Distress and another takes it again from him and will not suffer him to carry the Disress away this is a Rescous upon which he may have this Writ and shall recover dammages Also if one distrain Beasts for dammage Feasant in his Ground and drives them in the High way to Impound them and in going they enter into the House of the owner and he withholds them there and will not suffer the other to impound them that withholding is a Rescous Also if a Sheriff takes my Debtor by an Execution or by mesne Process and J. S. rescue him out of the Custody of the Sheriff I may have an Action of Rescous against J. S. for this wrong and recover Dammages and Debt Reservation REservation is taken divers ways and hath divers natures As sometimes by way of exception to keep that which a man had before in him As if a Lease be made for years of Ground reserving the great Trees growing upon the same now the Lessee may not meddle with them nor with any thing that comes of them so long as it abides in or upon the Trees as Mast of Oak Chesnut Apples or such like but if they fall from the Trees to the ground then they are by right the Lessees for the Ground is let to him and all thereupon not reserved c. Sometimes a Reservation doth produce and bring forth another thing which was not before As if a man Lease his Lands reserving yearly for the same xxli c. And divers other such Reservations there be And note that in ancient time their Reservations were as well in Victuals whether Flesh Fish Corn Bread Drink or what else as in Money until at last and that chiefly in the Reign of King Henry 1. by agreement the Reservation of Victuals was changed into ready Money as it hath hitherto continued Residence REsidence comes from the Latine Residere and is all one with Resiance but that this word Residence is oftner appropriated to the Continuance of a Parson or Vicar upon his Church or Benefice and so it is used in the Statute of 28 H. 8. cap. 13. Resignation REsignation is where an Incumbent of a Church resigns or leaves it to the Ordinary who did admit him to it or to his Successors which differs from Surrender since by that he to whom the Resignation is made hath no interest in the thing so resigned but he to whom the Surrender is made hath by that the thing it self Restitution REstitution is when a Iudgment is reversed by Error then a Writ of Restitution shall issue to restore to the Defendant in the Action what he hath lost And there is a Writ of restitution of stolen goods upon conviction of the Thief which is made at the Sessions or Assises on the Statute of 21 H. 8. 11. Noy rep 128. Resummons REsummons is a Second Summons of a man to answer an Action where the first Summons is defeated by the Demise of the King or such other cause And of this see Coke lib. 7. fol. 29. b. Also if a Terr-tenant returned upon a Scire facias or Defendant in another Action plead non-age and the Plea stays until c. When he comes of full age the Plaintiff upon a suggestion may have a Scire facias or resummons And so when a Plea is staid by pleadiny Protection Excommunication or such other disability Resumption REsumption is a word used in the Statute of 31 H 6. c. 7. and is there taken for the Taking again into the Kings hands such Lands or Tenements as upon false suggestion or other error he had made Livery of to an Heir or granted by Patent to any man Retraxit REtraxit is the Preterperfect tense of Retraho to pull back and is when the party Plaintiff or Demandant comes in proper person into the Court where his Plea is and saith he will not proceed any farther in the same c. this will be a Bar to the Action for ever Reve or Reeve REeve is an Officer more known in ancient time then at this day for almost every Mannor had then a Reeve and yet still in many Copyhold-Mannors where the old custom prevails the name and office is not altogether forgotten And it is in effect that which now every Bayliff of a Mannor practises although the name of Bayliff was not then in use amongst us being siuce brought in by the Normans But the name of Reeve anciently called Greeve which Particle Ge in continuance of time was altogether left out and lost came from the Saxon word Geresa which signifies a Ruler And so indeed his Rule and Authority was large within the compass of his Lords Mannor and among his men and Tenants as well in matters of Government in peace and war as in the skilful use and trade of Husbandry For as he did gather his Lords Rents pay Reprises or Duties issuing out of the Manor set the Servants
ustome of the Mannor and the Monstraverunt to discharge them when their Lord distrains them to do other Services than they ought This Writ of Monstraverunt ought to be brought against their Lord and these Tenants hold all by one certain Service and are free Tenants of Ancient Demesne Soccage in base Tenure is where a man holds in Ancient Demesne that may not have the Monstraverunt and for that it is called the base Tenure Sockmans SOckmans are the Tenants in Ancient Demesne that held their Lands by Soccage that is by Service with the Plow and therefore they are called Sockmans which is as much to say as Tenants or men that hold by Service of the Plow or Plow-men For Sok signifies a Plow And these Sockmans or Tenants in Ancient Demesne have many and divers Liberties given and granted them by the Law as well those Tenants that hold of a common person as those that hold of the King in Ancient Demesne as namely to be free from paying Toll in every Market Fair Town and City throughout the whole Realm as well for their Goods and Chartels that they sell to others as for those things that they buy for their Provision And thereupon every of them may sue to have Letters Patents under the Kings Seal directed to his Officers and to the Mayors Bayitffs and other Officers in the Realm to suffer them to be Toll-free to be exempt from Leets and Sheriffs Turns also to be quit of Pontage Murage and Passage as also of Taxes and Tallages granted by Parliament except that the King tax ancient Demesne as he may at his pleasure for some great cause to be free from payments toward the expences of the Knights of the Shire that come to the Parliament And if the Sheriff will distrain them or any of them to be contributary for their Lands in Ancient Demesne then one of them or all as the case requires may sue a Writ directed to the Sheriff commanding him that he do not compel them to be contributary to the expences of the Knights And the same Writ doth command him also that if he have already distrained them therefore that he redeliver the same Distress Also that they ought not to be impannelled nor put in Iuries and Enquests in the Country out of their Mannor or Lordship of Ancient Demesne for the Lands that they held there except that they have other Lands at the Common Law for which they ought to be charged And if the Sheriff do return in Pannels then they may have a Writ directed to him De non ponendis in Assisis Juratis And if he do the contrary there lies an Attachment against him And so it is also if the Bailiffs of Franchises that have return of Writs will return any of the Tenants which hold in Ancient Demesue in Assises or Iuries Sodomy SOdomy in the Indictment for this offence it is said Rem veneream habuit peccatum illud Sodomiticum inter Christianos non nominandum felonice commisit Spoliation SPoliation is a Suit for the Fruits of a Church or for the Church it self it is to be sued in the Spiritual Court and not in the Temporal And this Suit lies for one Incumbent against another where they both claim by one Patron and where the right of the Patronage doth not come in question or debate As if a Parson be created a Bishop and hath dispensation to keep his Benefice and afterward the Patron presents another Incumbent which is instituted and inducted now the Bishop may have against that Incumbent a Spoliation in the Spiritual Court because they claim both by one Patron and the right of the Patronage doth not come in debate and because the other Incumbent came to the possession of the Benefice by the course of the Spiritual Law that is to say by Institution and Induction so that he hath c â— lour to have it and to be Parson by the Spiritual Law for otherwise if he be not instituted and inducted c. Spoliation lies not against him but rather a Writ of Trespass or an Assise of Novel disseisin c. So it is also where a Parson who hath a Plurality doth accept another Benefice by reason whereof the Patron presents another Clerk who is instituted and inducted now the one of them may have Spoliation against the other and then shall come in debate whether he has a sufficiene Plurality or not And so it is of Deprivation c. The same law is where one saith to the Patron that his Clerk is dead whereupon he presents another there the first Incumbent who was supposed to be dead may have a Spoliation against the other And so it is in divers other like cases whereof see Fitz. Natura Br. f. 36. G. c. Stablestand STablestand is a term of the Forrest Laws when one is sound standing in the Forrest with his Bow bent ready to shoot at any Deer or with his Grey-hounds in a Lease ready to slip See Manw. Forest Laws cap. 18. fol. 133. b. Stallage STallage signifies money paid for pitching Stalls in Fairs or Markets or the right of doing it Standard STandard See Estandard Stannary STannary are Courts by ancient custom held in Cornwal for suits concerning the Trade of Tin Statute-Merchant TO hold by Statute-Merchant is where a man acknowledges to pay mony to another at a certain day before the Mayor Bailif or other Warden of any Town that hath power to make execution of the same Statute and if the Obligor pay not the Debt at the day and nothing of his Goods Lands or Tenements may be found within the Ward of the Mayor or Warden aforesaid but in other places without then the Recognisee shall sue the Recognisance and Obligation with a Certification to the Chancery under the Kings Seal and he shall have out of the Chancery a Capias to the Sheriff of the County where he is to take him and to put him in prison if he be not a Clerk till he have made satisfaction for the Debt And one quarter of a year after he is taken he shall have his Land delivered to himself to make gree to the party for the Debt and he may sell his Land while he is in prison and his sale shall be good And if he do not make satisfaction within a quarter of a year or if it be returned that he is not found and if he be not a Clerk then the Recognisee may have a Writ out of the Chancery called Extendi facias directed to any Sheriff to extend his Lands and Goods and to deliver the Goods to him and to scise him in his Lands to hold them to him his Heirs and Assigns till the Debt be levied or payed and for that tune he is Tenant by Statute-Merchant Note that in a Statute-Merchant the Recognisee shall have Execution of all the Lands which the Recognisor had the day of the Recognisance made and any time after by force of the
Iurors matters in Law by the Iustices matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tried by his Peers without any Oath upon their Honors and Allegiance but in Appeal at the Suit of any Subject they shall be tried per probos legales homines If Ancient Demesne be pleaded of a Mannor and denied this shall be tried by the Record of the Book of Dooms-day in the Exchequer An Apostata shall be certified by the Abbot or other Religious Governor to whom he owed Obedience General Bastardy Excommengement Lawfulness of Marriage Profession and divers other matters Ecclesiastical shall be tried by the Bishops Certificate And a great number of other Trials there are whereof see Coke lib 9. the Case of the Abbot of Scrata Marcella fol. 23. By Witnesses De morte viri in Dower where the Tenant pleads That the Husband of the Demandant is alive Ra â— En. 128. Tronage TRonage is a certain Toll taken for Weighing Westm 2. cap. 25. 13 Edw. 1. Trover TRover is an Action which a Man hath against another that having found any of his Goods refuses to deliver them upon Demand See the Old Book of Entries word Trover Tumbrel TUmbrel see in the Title Cuckingstool and see the Statute of 51 H. 3. cap. 6. for the use of it Turbary TUrbary from the old Latine word Turba which was use â— for a Turf is an interest of digging Turfs upon a Common And you shall find an Assise brought of such a Common of Turbary in 5 Ass pl. 9. 7 E. 3. fol. 43. b. Sheriffs Turn SHeriffs Turne is a Court of Record in all things that pertain to the Turn and it is the Kings Leet through all the County and the Sheriff is Iudge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Turn This Court is to be kept twice in every year once after Easter and again after Michaelmas and that within one moneth after each Feast Anno 31 Edw. 3. cap 15. From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in this Court such as he will at his peril answer for But he cannot prescribe to take any thing for the keeping of his Turn because he is an Officer removeable See Coke l. 4. 33. l. 6. 2. and Daltons Book of Sheriffs tit Sheriffs Turn V. Vacation VAcation See Plenartie Vagabonds VAgabonds are idle and unprofitable men punishable by the Statute 39 Eliz. 4. 1 Jac. 7. 25. Value of Marriage VAlore Maritagii is a Writ that lay for the Lord against his Ward to recover against him the Value of his Marriage at his full age for that he was not Married by his Lord within age And this Writ lay although the Lord never rendered unto the Ward any convenient Marriage See Palmers Case Coke l. 5. f. 126. b. and the Stat. 12 Car. 2. c. 24. Venditioni exponas VEnditioni exponas is a Iudicial Writ directed to the Sheriff to sell Goods seised by a Fleri facias Venew or Visne VEne â— or Visne is a term used in the Statute of 35 H. 8. c. 6. and often in our Books and signifies a Place next to that where any thing that comes to be tried is supposed to be done And therefore for the better discovery of the truth of the matter in Fact upon every Trial some of the Iury must be of the same Hundred or sometimes of the same Parish or Neighborhood in which the thing is supposed to be done who by Intendment may have the best knowledge of the matter See Coke 6 Book f. 14. a. Arundels Case Venire facias VEnire facias it is a Process directed to the Sheriff or to the Coroners if the Sheriff be challenged to summon a Iury to try an Issue joined between party and party or the King and a Subject and it is also a Process upon an Audita Querela or upon an Indictment in the Kings Bench or Venire facias ad computandum against Tenant by Elegit Verderor VErderor is an Officer in the Kings Forrest chosen by the Free-holders of the County where the Forrest is by a Writ directed to the Sheriff to do it as appears by the Books of the Register and of the Nature of Writs and they are called in Latine Viridarli of the word Viridis in English Green in French Verd for a great part of their Office is touching the Verd to wit the Wood and Grass growing in the Forrest for which see more in the Charter and Laws of the Forrest Verge VErge is the Compass about the Kings Court their Bounds the Iurisdiction of the Lord Steward and of the Coroner of the Kings House so that he cannot intermeddle in the County forth of the Verge because his Office extends not thereunto as the Coroner of the County cannot intermeddle within the Verge which is exempted out of his Office by the Common Law And it seems against reason that their Offices and Iurisdictions being several should intermeddle one within the Iurisdiction of the other And this Verge seems to be twelve miles See 13 R. 2. Stat. 1. c. 3. F. N. B. f. 241. Britton f. 86. Fleta l. 2. c. 2. Coke l. 4. f. 46. 33 H. 8. c. 12. Verge in another signification is used for a Stick or Rod by which one is admitted Tenant and holding it in his hand takes the Oath of Fealty to the Lord of the Mannor and for that cause is called Tenant by the Verge See Old N. B. f. 17. Littl. l. 1. c. 10. Vert or Verd. VErt comes of the French Verd and signifies with us in the Forrest Laws every thing that doth grow and bears a green Leaf within the Forrest And it is divided into Over Vert and Neather Vert. Over Vert is the Great Woods and Neather Vert is the Vnder Woods There is also in Forrests a Vert called Special Vert and that is all Trees that grow in the Kings own Woods within the Forrest and all Trees that grow there in other Mans Woods if they be such Trees as bear Fruit to feed the Deer which are called Special Vert because the destroying of such Vert is more grievoufly punished then the destruction of other Vert is See Manwoods Forrest Laws c. 6. f. 52. a. Vicountiels VIcountiels are Farms so called for which the Sheriff pays certain Rent to the King and makes the best profit he can of them See the Stat. 33 34 H. 8. c. 16. View VIew is when an Action real is brought and the Tenane knows not well what Land it is that the Demandant asks then the Tenant shall pray
the View that is that he may see the Land which he claims But if the Tenant hath had a View in one Writ and after the Writ is abated in misnaming the Town or by Ioyntenure and after the Demandant brings another Writ against the Tenant then the Tenant shall not have the View in the second Writ View of Frank pledge VIew of Frank pledge Visus franci plegii is the power to hold a Turn or Leet in which Courts every Free-man in ancient time became bound with Sureties at the age of fourteen years for his Truth to the King and his Subjects and thereupon those Courts were called the View of the free Pledges that is of such Free-men as were Pledges or Sureties one for another See Deciners Vi Laica removenda VI Laica removenda is a Writ that lies where Debate is between two Parsons or Provisors for a Church and one of them enters into the Church with great power of Lay-men and holds the other out with force and arms he that is holden out shall have this Writ directed to the Sheriff that he remove the Power which is within the Church and the Sheriff shall be commanded that if he find any men there withstanding he take with him the Power of his County if need be and arrest the Bodies of all those that resist and put them in Prison so that he have their Bodies before the King at a certain day to answer the Contempt And this Writ is returnable and shall not be granted before the Bishop of the place where such Church is hath certified in the Chancery such Resisting and Force Villain and Villainage TO hold in pure Villainage is to do all that that the Lord will him command The division of Villainage is Villain of Blood and of Tenure And he is a Villain of whom the Lord takes Redemption to marry his Daughter and to make him Free and it is he whom the Lord may put out of his Lands or Tenements at his will and also of all his Goods and Chattels A Sockman is no pure Villain nor does a Villain owe Ward Marriage or Relief nor does he any other Services real Tenure in Villainage shall make no Free-man Villain if it be not continued time out of mind nor shall Villain Land make a Free-man Villain nor free-Free-land make Villain Free except the Tenant have continued Free beyond the time of memory But a Villain shall make Free-land Villain by Seisin or by Claim of the Lord. If a Villain purchase Land and take a Wife and alien and dies before the Claim of Seisin of the Lord the Wife shall be endowed In case the Lord bring a Praecipe quod reddat against the Alience of his Villain who vouches to warrant the Issue of the Villain which is Villain to the Lord he shall have the Voucher And by protestation the Lord may notwithstanding he plead with his Villain save his Villain from being infranchised A Bastard shall not be judged Villain but by knowledge in Court of Record If Debt be due by a Lord to a Free-man and he makes two Men his Executors who are Villains to the said Lord and dies the Villains shall have an Action of Debt against their Lord. And notwithstanding that he plead with them and if he make Protestation they shall not be thereby infranchised for that they are to recover the Debt to the use of another person that is to say their Testator and not to their own use And if the Tenant in Dower have a Villain who purchases certain Land in Fee and after the Tenant in Dower enters she shall have the Land to her and her heirs for ever And the same Law is of Tenant for term of years of a Villain The Lord may rob beat and chastise his Villain at his will save only that he â— ay not maim him for then he shall have an Appeal of Maihem against him A Villain may have three Actions against his Lord that is to say an Appeal of the death of his Ancestor an Appeal of Rape done to his Wife and an Appeal of Miahem If two Parteners bring a Writ of Niefty and one of them be Nonsuit the Nonsuit of him shall be judged the Nonsuit of both so that if that Nonsuit be after Appearance they shall be barred from that Action for ever for such is the Law in favor of Liberty If two have a Villain in common and one of them makes him a Manumission he shall not be made free against both In a Writ de Nativo habendo it behoves that the Lord shew how the Defendant comes to be privy of the Blood of the Villain of whom he is Lord c. And if he nor any of his Aucestors were seised of any of his Blood he shall not gain by his Action if the Villain have not acknowledged himself in Court of Record to be his Villain In a Writ of Niefty may not be put more Niefs then two and this was first introduc'd in hatred of Bondage But in a Writ de Libertate probanda may be put as many Niefes as the Plaintiff will If the Villain be fled into Ancient Demesne of the King or other Town priviledged within a year and a day the Lord may seise him and if he dwell in the same Town or other place Franchised by a year and a day without seisin of the Lord he hath no power to seise him after if he go not out of the foresaid Franchise Some are Villains by title of Prescription that is to say that all their Blood have been Villains regardants to the Mannor of the Lord from time out of mind And some are made Villains by their Confession in a Court of Record Also the Lord may make a Manumission to his Villain and enfranchise him for ever If a Villain bring any Action against his Lord other then an Appeal of maihem and the Lord without protestation make answer to it by this the Villain is made free Also if a Villain purchase Land and hath Goods and sell the Goods and Lands before any Entry or Seisin made by the Lord the sale is good But the King Lord of a Villain in such case may enter and seise the Land after such sale made For no time runs against the King Note that this Title and Tenure are abolished by the Statute of Car. 2. R. Villanous judgement VIllanous judgment is that which is given upon an Indictment of Conspiracy viz. that the party found guilty shall lose the benefit of the Law shall never more be sworn in Iuries or Assises nor admitted to give any Testimony cise where and if he have to do in the Kings Courts he shall come by Attorney and not in person that his Lands Goods and Chattels shall be seised in the Kings hands and estreaped if he find not the more favor and his Trees digg'd up and his Body imprisoned See 24 E. 3. fol. 34. b. 27 Ass pl. 59. Virgata terrae VIrgata terrae
See yard-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
haeredis c. without shewing any certainty in these Writs bnt in the Plaint of the Assise or Demand in the Writ of Dower and in the count in the Writ of Ward the Plaintiff or Demandant is to shew the certainty of the acres or parcels of Land then if the Tenant pleads Nontenure or Ioyntenancy or some other such like Plea to parcel of the Land demanded in abatement of the Writ the Plaintiff or Demandant may abridge his Plaint or Demand to that Parcel that is he may leave out that part and pray that the Tenant may answer the rest to which he hath not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but is generally and notwithstanding the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Accedas ad Curiam ACcedas ad Curiam is a Writ directed to the Sheriff commanding him to go to such a Court of some Lord or Franchise where a Plaint is sued for taking of beasts as a Distress or any false Iudgment is supposed to be made in any Suit in such a Court which is not of Record and that the Sheriff shall there make Record of the said Suit in presence of the Suitors of the same Court and of four other Knights of the County and certiffe it into the Kings Court and at the day that is limited in the Writ This Writ is made out of Chancery and returnable into the Kings Bench or Common Pleas. Accedas ad Vicecomitem ACcedas ad Vicecomitem is a Writ directed to the Coroner commanding him to deliver a writ to the Sheriff who having a Pone delivered him suppresses it Regist orig 8. 3. Acceptance ACceptance is a taking in good part and as it were an Agreeing unto some act done before which might have been undone and avoided if such Acceptance had not been by him or them that so accepted for example if a Bishop before the Statute made 1 Eliz. lease part of the possessions of his Bishoprick for term of years reserving rent and dies and after another is made Bishop who accepts that is takes or receives the Rent when it is due and ought to be paid now by this Acceptance the Lease is made perfect and good which else the new Bishop might very well have avoided The like law is if a man and his wife seised of Land in right of the wife joyn and make a Lease or Feoffment by Deed reserving rent and the husband dies she accepts or receives the rent by this the Feoffment or Lease is made perfect and good and shall bar her of bringing a Cui in vita Accessories ACcessories are of two sorts by the Common Law and by the Statute Law Accessory by the Common Law is also of two sorts the one before the offence is done the other after Accessory before the Fact is he that commends or procures another to do Felony and is not there present himself when the other does it but if he be present then he is called Principal Accessory after the offence is he that receives favours aids assists or comforts any man that hath done any Murther or Felony whereof he hath knowledge Such an Accessory shall be punished and shall have judgment of life and member as well as the Principal which did the Felony but such an Accessory shall never be put to answer that till the Principal be attaint or convict or be outlawed thereupon In Manslaughter a man cannot be Accessory before the fact for Manslaughter ought to ensue upon a sudden debate or affray for if it be premeditated it is Murther Co. l. 4. fo 44. â— But a Woman in such case shall not be Accessory for helping her husband In great or high Treason as well the commanders as the Assisters and receivers are always Principals If a man councels a Woman to murther the child in her body and after the child is born and then is Murthered by the woman in the absence of him that so gave the counsel yet he is Accessory by his counselling before the birth of the Infant and not countermanding it Dyer fo 186. pl. 2. Also one may be Accessory to an Accessory as if one feloniously receive another that is accessory to Felony there the Receiver is an Accessory Accessory by the Statute is such an one as abets counsels or receives any may who commits or hath committed any offence made Felony by Statute For although the Statute doth not make mention of Accessories Abettors c. yet they are included by the interpretation of the said Statutes Stamf. Pl. cor li. 1. c. 45 46 47 48. See more of Accessory in the said Book of Plees lib. 1. cap. 44 59 50. Accompt ACcompt is a Writ and it lies where a Bailiff or Receiver to any Lord or other man who ought to render Accompt will not give his Accompt then he to whom the Accompt ought to be given shall have this Writ And by the Statute of Westm 2. c. 10. if the Accomptant be found in arrerages the Auditors that are assigned to him have power to award him to prison there to abide till he have made satisfaction to the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more receipts than they ought then his next friend that will sue for him shall sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer at a certain day and to warn the Lord to appear there the same day Accord ACcord is an agreement between two at the least to satisfie an offence or Trespass that the one hath made to the other for which he hath agreed to satisfie and content him with some Recompence which if it be executed and performed then because this Recompence is a full satisfaction for the offence it shall be a good bar in Law if the other after the Accord performed should sue again any Action for the same Trespass Note that the first is properly called an Accord the other a Contract Acquital ACquital is where there is a Lord Mesne and Tenant and the Tenant holds of the Mesne certain Lands or Tenements in Frank-almoign Frank-marriage or such like and the Mesne holds over also of the Lord paramount or above him Now ought the Mesne to acquit or discharge the Tenant of all and every manner of Service that any other would have and demand of him concerning the same Lands or Tenements because the Tenant must do his Service to the Mesne only and not to divers Lords for one Tenement or parcel of Land The same Law is where there is Lord Mesne and Tenant as aforesaid and the Mesne grants to the Tenant upon the tenure made between them to acquit and discharge him of all Rents Services and such like This Discharge is called Acquital Like
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-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
Ancestors repossed great reverence for the nearness of that solemn Feast so that all Suits in Law were then remitted for a season wherefore there was a Statute ordained Westm 1. cap. 48. that not withstanding the said Solemnity it might be lawful in respect of Iustice and Charity to take Assies of Novel disseisin and Darreigne Presentment in the times of Advent Septuagesima and Lent This is one of the times from the beginning of which until the Octaves of Epiphany the solemnizing of Marriages is prohibited to be Solemnized without special Licence according to the Verses Advent all Marriage forbids Hilarys Feast to Nuptials tends And Septuagint no Wedding rids Yet Easters Octaves that amends Rogation hinders hasty Loves But Trinity that lett removes But the Bishop may dispense with a Marriage within these times and it is good Advowson ADvowson is where a man and his heirs have a right to present their Clerk to a Personage or other spiritual Benefice when it becomes void And he which hath such right to present is called Patron In gross is when one is seised of it only by it self And there is an Advowson appendant to a Mannor or to a Rectory and this may be sold by it self and then it is in gross and is severed from the Mannor and Rectory Affeerors AFfeerors are such as be appointed in Court-leets c. to mulct those who have committed any fault which is arbitrably punishable and for which no express penalty is prescribed by Statute You may see the form of their Oath in Kitchin fol. 46. If the Iurors in the Leet receive the Articles and being commanded to answer to them and present they refuse so to do then they shall be amerced yet the Amerciament of every Iuror shall be affeered according to his offence So in Assise of Novel disseisin all the Disseisors shall be amerced and every one shall be affeered by himself But if a Town be amerced there the Afferance shall be general for there is not any certain person named as in the cases aforesaid And if a Iury in a Leet tax an Amerciament this suffices without any Affeerment for the Amerciament is the act of the Court and the Affeerment is the act of the Iury. Coke lib. 8. fol. 39 40. b. Affiance AFfiance is the plighting of troth betwixt a man and a woman upon an agreement of a Marriage to be had between them and affidare from whence this word is derived is as much as fidem ad alium dare And this word Affiance is used by Littleton Chap. Dower Sect. 39. Afforest AFforest is to turn ground into Forest Charta de Foreseta cap. 1. 30. Anno 9 Hen. 3. Affray AFfray comes of the French word effrayer which signifies to affright or scare therefore an Affray may be without word or blow given and so this word is used in the Statute of North. 2. E. 3. cap. 3. But it is in our Books many times confounded with the word Assault as it appears by Lambert in his Eirenarch lib. 1. cap. 17. Yet as it is there said they differ in this that an Assault is but a wrong to the party but an Affray is a wrong to the Common-wealth and therefore an Affray is inquirable and punishable in a Leet Also an Assault is made most commonly but on one side but an Affray is the fighting of many together Age prier AGE prier is when an Action is brought against an Infant for Land which he hath by descent there he shall shew the matter to the Court and shall pray that the action may stay till his full age of 21 years and so by award of the Court the Suit shall surcease But in a Writ of Dower and in Assise and also in such actions where the Infant is supposed to come to the Land demanded by his own wrong he shall not have his age And note well that there are many diversities of ages For the Lord shall have aide of his Tenant in Socage to marry his daughter when the daughter is of the age of 7 years and aid to make his son and Heir a Knight when he is of the age of 7 years A woman who is married at the age of 9 years if her husband die seised shall have dower and not before And 14 years is the age of a Woman who shall not be in ward if she were of such age at the time of the death of her Ancestor but if she were within the age of 14 years and in ward of the Lord then she shall be in ward till the age of 16 years And 21 years is the age of the Heir male to be in ward and after that out of ward Also that is the age of male and female to sue and to be sued for Lands which they have or claim by descent and to make all manner of Contracts and Bargains and not before but if such an infant within the age of 21 years give his goods and the Donee take them the infant may have an Action of Trespass but otherwise it is if he deliver them himself See Coke lib. 3. fol 13. a. l. 6. f. 3. Agent Patient AGent Patient is when a man is the doer of a thing and the party to whom it is done as where a Woman endows her self of the fairest possession of her husband So if a man hath ten pounds issuing out of certain land and he disseises the Tenant of the Land in an Assise brought by the Disseisee the Disseisor shall recoup the Rent in the damages so that where the mean profits of the land in such case were to the value of 13 l. the Disseisee shall recover but three pounds Also if a man be indebted to another and after makes the party to whom he is so indebted his Executor and dies the Executor may retain so much of the goods of the dead in his hands as his own Debt amounts to and by this Retainer he is the Agent and the Patient that is the party to whom the Debt is due and the party that pays the same But a man shall not be judge in his own case as is resolved Coke lib. 8. fol. 118. in Bonham's Case That the Censors cannot be Iudges Ministers and Parties Iudges to give sentence or judgment Ministers to make summons and Parties to have the half of the forfeiture And although an Act of Parliament yields to any one to hold or to have conusance of all manner of Pleas arising before him within his Mannor of D. yet he shall hold no Plea to which he himself is party Quia iniquum est aliquem suae rei esse judicem Agist AGist seems to come of the French Giser i jacere or of Gister i. stabulari a word proper to Deer and therefore Budaeus lib. poster Philologiae says that Gist idem est quod Lustrum vel Cubile And Agist in our Common Law signifies to take in and feed the Cattel of a stranger in the Kings Forests and
mayne An jour wast AN jour wast is a Forfeiture when a man hath committed petit Treason or Felony and hath Lands holders of some common person which shall be seised for the King and remain in his hands by the space of one year and a day next after the Attainder and then the Trees shall be pulled up the Houses razed and pulled down and the Pastures and Meadows eyred and plowed up unless he to whom the Lands should come by escheat or forfeiture redeem it of the King A thing the more to grieve the offendors and terrifie others to fall into the like in shewing how the Law doth detest the offence so farr forth as that it doth execute judgment and punishment even upon their dumb and dead things Aniente ANiente comes from the French Aneantir that is annihiliare for Aniente in our Law-language signifies as much as frustrated or made void and is used by Littleton in his 741. Section Annates ANates is a word used in the Statute of 25 Hen. 8. cap. 20. and seems to all one with First-fruits for so Pol. Virgil. de Inventione rerum lib. 8. cap. 2. says That Annatarum usus multo antiquior est quam recentiores quidam scriptores suspicantur Annatas more suo appellant primos fructus unius anni Sacerdotii vacantis aut dimidiam eorum partem Annua pensione ANnua pensione is a Writ by which the King having due unto him an annual Pension from any Abbot or Prior for any of his Chaplains which he will name who is not provided of a competent Living demands it of the said Abbot or Prior for one that is named in the same Writ until c. and also commands him for the better certainty of his Chaplain to give his Letters Patents to him for the same See Fitzherb Nat. Brē fol 231. where you may also see the names of all the Abbies and Priories which were bound to this in respect of their foundation or creation and also for the form of the Letters Patents usually granted upon such a Writ Annuity ANnuity is a certain Sum of money granted to another in Fee-simple Fee-tail for term of Life or for term of years to receive of the Grantor or of his Heirs so that no Free-hold is charged therewith whereof a man shall never have Assise nor other Action but a Writ of Annuity and it is no Assets to the Heir of the Grantee to whom it shall descend There are many differences between Annuities and Rents For every Rent is issuing out of Land but an Annuity is not but charges the person that is the Grantor or his Heirs which have Assets by descent if some special proviso be not to the contrary as Littl. Sect. 220. Also for an Annuity no Action lies but only a Writ of Annuity against the Grantor his Heirs or Successors and this Writ of Annuity never lies against the taker of the profits but only against the Grantor or his Heirs Whereas for a Rent the same Actions he against the Tenant of the Land and sometimes against him that is taker of the Rent that is against him that takes the Rent wrongfully Also au Annuity is not to be taken for Assets because it is not any Free-hold in Law And it shall not be put in Execution upon a Statute-Merchant or Statute-Staple or Elegit as a Rent may Doct. Stud. cap. 30. See Dyer fol 345. pla 2. Also an Annuity cannot be fevered Co. l. 8. fol. 52. b. according to the Verse there Let no Judge himself endeavour Annuities or Debts to sever Anoysance ANoysance is a word used in the Statute of 22 Hen. 8. cap. 5 and signifies no more than Nusance and therefore see Title Nusance Apostata capiendo APostata capiendo is a Writ directed to the Sheriff for the taking of the body of one who having entred into and professed some order of Religion leaves his said order and departs from his house and wanders in the country vpon a Certificate of this matter made by the Soveraign of the House in the Chancery and the praying of the said Writ he shall have it directed to the Sheriff for the apprehending of him and redelivery of him to the said Sovereign of the House or his lawful Attorney See the form of it in Fitz. Nat. Br. 233. c. Appeal APpeal is where one hath done a Murther Robbery or Maihem then the wife of him that is slain shall have an Action of Appeal against the Murtherer but if he have no wife then his next Heir-male shall have the Appeal at any time within a year and a day after the deed Also he that is so robbed or maimed shall have his Appeal and if the Defendant be acquitted he shall recover damages against the Appealer and the Abettors and they shall have the imprisonment of a year and shall make fine to the King An Appeal of Mathem is in manner but a Trespass for he shail only recover damages Appeals are commenced two ways either by Writ or by Bill By Writ when a Writ is purchased out of the Chancery by one man against another commanding him that he shall appeal a third man of some Felony or other offence by him committed and to find pledges that he shall do this with effect and this Writ is to be delivered to the Sheriff to be recorded Appeal by Bill is when a man of himself gives his accusation of another man in writing to the Sheriff or Coroner and takes upon himself the burthen of appealing him that is named in the said writing Appellant is the Plaintiff in the Appeal Appendant Appurtenant APpendant Appurtenant are things that by time of prescription have belonged appertained and are joyned to another principal thing by which they pass and go as accessary to the same special thing by virtue of these words Pertinentiis as Lands Advowsons Commons Piscaries Ways Courts and divers such like to a Mannor House Office or such others Apportionment APportionment is a dividing into parts a Rent which is dividable and not entire or whole and forasmuch as the thing out of which it was to be paid is separated and divided the Rent also shall be divided having respect to the parts As if a man have a Rent-Service issuing out of Land and he purchases parcel of the Land the Rent shall be apportioned according to the value of the Land So if a man hold his Land of another by Homage Fealty Escuage and certain Rent if the Lord of whom the Land is holden purchase parcel of the Land the Rent shall be apportioned And if a man let Lands for years reserving Rent and after a stranger recover part of the Land then the Rent shall be apportioned that is divided and the Lessee shall pay having respect to that which is recovered to that which yet remains in his hands according to the value But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land
Augmentation remains to this day wherein there are many Records of great use and importance Aumone AUmone or Tenure in Almoin is Tenure by Divine Service for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims whereof some Service is reserved to the Feoffer or Donor Auncel weight AUncel weight was an ancient manner of Weighing in England by the hanging of balances or hooks at each end of a staff which the party lifted up upon his finger or with his hand and so discerned the equality or difference of the things weighed But this weight being subject to much deceit many Statutes were made to out it as the Stat. of 25 E. 3. c. 9. 34 E. 3. c. 5. 8 H. 6. c. 5. and others And it was called Auncel weight as much as to say Handsale Weight Ancient or Ancient Demesne ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor and which he caused to be written in a Book called Dooms-day sub titulo Regis and all the Lands holden of the said Manors are held and the Tenants shall not be impleaded out of the said Manors and if they be they may shew the matter and abate the Writ but if they answer to the Writ and Iudgment be given then the Lands become frank-free for ever until that Iudgment be reversed by writ of Disceit Ra. Ent. 100 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T â— ll for all things concerning their sustenance and Husbandry in ancient Demesne and for such Lands they shall not be put or impannelled upon any Enquest But all the Lands in Ancient Demes â— e that are in the Kings hands are frank-free and pleadable at the Common Law See more after in the Title Sokmans Avoir de pois AVoir de pois is as much as to say true or just weight And it signifies in our Law Two things first a kind of weight diverse from that which is called Troy Weight which hath but 12 ounces to the pound whereas Avoir de pois hath 16. Secondly it signifies such Merchandises as are weighed by this weight and not by Troy weight As you may see in the Statute of York 9. E. 3. 27 E. 3. c. 19 Stat. 2. c. 10. and the Statute of Glocester 2 R. 2. c. 1. Avowry AVowry is where one takes a Distress for Rent or other thing and the other sues Replevin then he that hath taken it shall Iustifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking and that is called his Avowry But if he took it in or for the right of another then when he hath shewed the cause he shall make conusance of the taking as Bailiff or servant to whom in whose right took it Avowterer AVowterer is an Adulterer with whom a married woman continues in Adultery the Crime is called Avowtry 43 E. 3. 19. Awme AWme is a Vessel that contains 40 galons of Rhen â— sh wine and is mentioned in the Statute made 1 Jac. c. 23. B Backberind Thief BAckberind Thief is a Thief taken with the manner that is having that found upon him being followed with a Hue and Cry which he hath stollen whether it be Money Linnen Wollen or other stuff but it is most properly said when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest which are Dog-draw Stable-stand Back-berind and Bloody-hand Badger BAdger is as much as to say Bagger of the French word Baggage id est Sarcina And it is used with us for one that is licenced to buy Corn or other Victuals in one place and carry them to another and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute Bail BAIL is when a man is taken or arrested for Felony suspicion of Felony indicted of Felony or any such case so that he is restrained of his liberty and being by Law bailable offers Surcties to those who have authority to bail him which Sureties are bound for him to the Kings use in a certain Sum of money or body for body that he shall appear before the Iustices of Goal-delivery at the next Sessions c. Then upon the Bonds of these Sureties as is aforesaid he is bailed that is set at liberty until the day appointed for his appearance Manwood in the first part of his Forest Law pag. 167. says There is a great diversity between Bail and Mainprise for he that is mainprised is always said to be at large and to go at his own liberty out of ward after he is put to Mainprise until the day of his Appearance by reason of Common Summons or otherwise But it is not so where a man is put to bail by four or two men by my Lord chief Iustice in Eyre of the Forest until a certain day for there he is always accounted by the Law to be in their ward and custody for the time and they may if they will hold him in ward or in Prison till that time or otherwise at their will so that he that is bail'd â— hall not be said by the Law to be at large or at his own liberty Bailement Bailement is a Delivery of things whether Writings Goods or Stuff to another sometimes to be delivered back to the Bailor that is to him that so delivered it sometimes to the use of the Bailee that is of him to whom it is delivered and sometimes also it is delivered to a third person This delivery is called a Bailment Bailiff BAiliff is an Officer that belongs to a Mannor to order the husbandry and hath authority to pay Quit-rents issuing out of the Mannor fei â— Trees repair Houses make Pales Hedges distrain Beasts doing hurt upon the ground and divers such like This Officer is he whom the ancient Saxons called a Reeve for the name Bailiff was not then known amongst them but came in with the Normans and is called in Latin Villicus There are two other sorts of Bailiffs that is Bailiffs errant and Bailiffs of Franchises Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs to summon the County Sessions Assises and such like Bailiffs of Franchises are those that are appointed by every Lord within his Liberty to do such Offices within his Precincts as the Bailiff errant doth abroad in the County This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff But if such Court is by prescription to be
the land extends but to the moiety of a Knight's fee then the Tenant is bound to follow his Lord but 20 days if a fourth part then 10 days Fitzh Nat. Brev fol. 83. c. 84. c e. The other kind of Escuage uncertain is called Castleward where the Tenant by his land is bound either by himself or some other to defend a Castle as often as it shall come to his turn Escuage certain is where the Tenant is assessed to a certain summe of money to be paid instead of such uncertain service as that a man shall pay yearly for a Knights Fee 20 shillings for the half 10 shillings or any such rate And this Service because it is drawn to a certain Rent comes to be of a mixt nature not meerly Socage for it smells not of the Plow and yet Socage in effect being now neither personal service nor incertain Chivalry hath other conditions annexed thereunto as Homage Fealty Wardship Relief and Marriage Bract. l. 2. c. 35. and what they signifie see in their several places Chivalry is either general or special Dyer fol. 161. plac 47. General seems to be where it is only said in the Feoffment that the Tenant holds by Knights Service without any specification of Sergeanty Escuage c. Special is that which is declared particularly what kind of Knights service he holds by See the Statute 12 Car. 2. c. 24 Thing in Action THing in Action is when a man hath cause or may bring an Action for some duty due to him as an Action of Debt upon an Obligation Annuity or Rent Action of Covenant or Ward Trespasse of goods taken away Beating or such like and because they are things whereof a man is not possessed but for recovery of them is driven to his Action they are called Things in Action And those Things in Action that are certain the King may grant and the Grantee may have an Action for them in his own name only But a common person cannot grant his Thing in Action nor the King himself his Thing in Action which is uncertain as Trespass and such like But of late times it is used in London that Merchants and others there who have Bills without Seals for payment of Money assign them to others who bring actions in their own names Churchesset CHurchesset is a word whereof Flet. l. 1. c. 47. in the end thus writes It signifies a certain Measure of Wheat which in times past every man on St. Martins day gave to Holy Church as well in the time of the Britains as of the English Yet many great persons after the coming of the Romans gave that Contribution according to the ancient Law of Moses in the name of the First-fruits as in the Work of King Kanutus sent unto the Pope is contained in which they call the Contribution Chirchsed as one would say Church-seed Church-wardens CHurch-wardens are Officers yearly chosen by the consent of the Minister and the Parishioners according to the custom of every several place to see to the Church Church-yard and such things as belong to both and to observe the behaviour of the Parishioners for such crimes as appertain to the jurisdiction or censure of the Ecclesiastical Court These are a kind of Corporation and are enabled by Law to sue for any thing belonging to their Church or the Poor of the Parish See Lambert's Duty of Church-wardens Cinque Port. CInque Port are five Haven-towns that is Hastings Romney Hythe Dover and Sandwich to which have been granted long time since many Liverties which other Port-towns haue not and that first in the time of King Edward the Confessor which have been increased since and that chiefly in the days of the three Edwards the first the second and third as appears in Dooms-day book and other old Monuments too long to recite Circuity of Action CIrcuity of Action is when an Action is rightfully brought for a Duty but yet about the bush as it were for that it might as well have been otherwise answered and determined and the Suit saved and because the same Action was more then needful it is called Circuity of Action As if a man grant a Rent-charge of x. li out of his Mannor of Dale and after the Grantee disseises the Grantor of the same Manor and he brings an Assise and recovers the land and xxli damages which xx.li. being paid the Grantee of the Rent sues his Action for x. li of his Rent due during the time of the Disseisin which if no Disseisin had been he must have had This is called Circuity of Action because it might have been more shortly answered for whereas the Grantor shall receive xx.li. damages and pay x. li Rent he may haue received but the x. li only for the damages and the Grantee might have cut off and kept back the other x. li in his hands by way of deteiner for his Rent and so thereby might have saved his Action Circumstantibus CIrcumstantibus is a word of Art signifying the Supply and making up the number of Iurors if any impannelled do not appear or are challenged by either party by adding to them as many others of those that are present and standers by See 35 H. 8. c. 6. 5 El. c. 25. City CIty is such a Town corporate as hath a Bishop and a Cathedral Church whereof such words are found The same place is called Urbs Civitas and Oppidum It is called Civitas in regard it is governed in justice and order of Magistracy Oppidum for that there are therein great plenty of Inhabitants and Urbs because it is in due form begirt about with Walls But that place is commonly called Civitas which hath a Bishop Yet Crompton in his Jurisdictions reckons up all the Cities and leaves out Ely although it hath a Bishop and a Cathedral Church and puts in Westminster notwithstanding it now hath no Bishop And 35 El. 6. Westminster is called a City and Anno 27 ejusd c. 5 of Statutes not printed Westminster is alternative called a City or Borough It appears by the Stat. 35 H. 8. c. 10. that then there was a Bishop of Westm Cassanaeus writes that France hath within its Territories 104 Cities and gives this reason because there are so many Sees of Archbishops and Bishops Clack CLack as to clack force and bard wool 8 H 6. cap. 22. whereof the first viz. to Clack wool is to cut off the mark of the Sheep which makes it to weigh lesse and so to pay the less Custome to the King To Force wool is to clip the upper and most hairy part of it To Bard or beard wool is to cut the head and neck from the other part of the Fleece Claim CLaim is a Challenge by any man of the property or ownership of a thing which he hath not in possession but is withholden from him wrongfully and the party that so makes this Claim shall have thereby a great advantage for by it in some cases he may
commands and the other doth it rather by a friendly and voluntary Conference or agreement between him or her and the Devil or Familiar to have his or her desires and purposes effected instead of blood or other gift offered him especially of his or her Soul And both these differ from Enchantments or Sorceries because they are personal Conferences with the Devil as is said but these are but Medicines and ceremonial forms of words commonly called Charms without apparition Conservator of the Peace COnservator of the Peace is he that hath an especial charge by virtue of his Office to see the Kings Peace kept Which Peace in effect is defined to be A with-holding or abstinence from that injurious force and violence that unruly and boisterous men are in their natures prone to use towards others were they not restrained by Laws and fear of Punishment Of these Conservators Lambert farther saith That before the time of King E. 3 who first appointed Iustices of Peace there were sundry persons who by the Common Law had interest in keeping of the Peace Of those some had that charge as incident to their Offices and so included within the same and yet notwithstanding were called by the name of their Office only others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace And both these sorts are again subdivided by Lambert in his Eirenarcha l. 1. c. 3. Conservator of the Truce COnservator of the Truce was an Officer appointed in every Port of the Sea under the Kings Letters Patents and had 40 li. for his yearly stipend at the least His charge was to enquire of all Offences done against the Kings Truce and Sa â— e conducts upon the main Sea out of the Countries and Liberties of the Cinque-Ports of the King as the Admirals have accustomedly done and such other things as are declared Anno 2 H. 5. cap. 6. Touching this matter you may read the other Statute of Anno 4 H. 5. c. 7. Consideration COnsideration is the material cause of a Contract without which no Contract can bind the party This Consideration is either expressed as when a man bargains to give twenty shillings for an Horse or is implied as when the Law it self inforces a Consideration as if a man comes into a common Inne and there staying some time takes meat or lodging or either for himself or his horse the Law presumes he intends to pay for both notwithstanding that nothing be covenanted between him and his Host and therefore if he discharges not the house the Host may stay his horse Also there is Consideration of nature and blood and Valuable Consideration and therefore if a man be indebted to divers others and yet in consideration of natural affection gives all his goods to his son or cousin this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable consideration Consistory COnsistory is a word borrowed of the Italians or rather Lombards and signifies as much as Tribunal It is vocabulum utriusque Juris and is used for the place of Iustice in the Courts Christian or Spiritual Consolidation COnsolidation is used for the Combining and uniting of two Benefices in one And this word is taken from the Civil Law where it properly signifies an Vniting of the possession occupation or profit with the property As if a man hath by Legacy usum fructum fundi and after purchases the Property or Fee-simple of the Heir in this case a Consolidation is made of the Profits and Property Vide Brook tit Union Conspiracie COnspiracie notwithstanding that in Latine and French it is used for an Agreement of men to do a good or evil thing yet it is commonly taken in our Law in the evil part and is defined in 34 E. 1. Stat. 2. to be an Agreement of such as confeder or bind themselves by Oath Covenant or other alliance that every of them shall bear and aid the other falsly and maliciously to indict or falsly to move or maintain Pleas and also such as cause Children within age to appeal men of Felony whereby they are imprisoned and sore grieved and such as maintain men in the Country with Liveries and Fees to maintain their malicious enterprises and this extends as well to the takers as to the givers Also Stewards and Bayliffs of great Lords who by their Selgniory Office or power undertake to bear or maintain Quarrels Pleas or Debates that concern other parties then such as touch the Estate of their Lords or of themselves Anno 4 E. 3. c. 11. 3 H. 7. c. 13 And hereof see more 1 H. 5. c. 3. 18 H. 6. c. 12. also in the old Book of Entries word Conspiracie This word in the place before rehearsed is taken more generally and is confounded with Maintenance and Champerty but in a more special signification it is taken for a Confederacy between two or more falsly to indict one or to procure one to be indicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Suit of the King is That the party attainted shall lose his frank law so that he shall not be impanelled upon Iuries or Assises or such like imployments for testifying of the truth and if he hath to do in the Kings Court he shall make his Attorney and his lands goods and chattels shall be seised into the Kings hands his lands estreaped his trees digged up and his body committed to prison 27 lib. Assise 59 Crompton 156. b. this is called villanous Judgement But if the party grieved will sue a Writ of Conspiracy then see Fitzh Nat. Brev. 114. d. 115. i. c. Constable COnstable is diversely used in the Common Law And first the Constable of England who is also called Marshal Stanf. Pl. Cor. fol. 65. of whose authority and dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm His power consists in the care of the common Peace of the Land in deeds of Arms and matters of War Lamb. Duties of Constables num 4. wherewith agrees the Statute of 13 R. 2. c. 2. Stat. 1. Of this Officer or Magistrate Gwyn in the Preface to his Readings saith to this purpose The Court of the Coustable and Marshal determines Contracts touching Deeds of arms out of the Realm and handles things concerning Wars within the Realm as Combats Blazons of armory and suth like but he hath nothing to do with Battel in appeal nor generally with any other thing that may be tried by the Law of the Land See Fortesc ' cap. 32. This Office heretofore was appertaining to the Lords of certain Manors Jure feudi and why it is discontinued see Dyer 285. pl. 39. Out of this Magistracie saith Lambert were drawn these inferior Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of
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-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
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-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
bloud that is Brothers by the Fathers side because they had both one Father and are both of his bloud and not Brothers at all by the Mothers side nor of bloud nor kin that way and therefore the one of them cannot be Heir to the other for he that will claim as Heir to one by discent must be of whole â— bloud to him from whom he claims In the same manner it is if a woman have divers issues by divers husbands who are called Brothers by one Mother Denariata terrae DEnariata Terrae See Fardingdeal Denelage DEnelage is the Law that the Danes made here in England cut of which and Merchenlage and Westsaxonlage William the Conquerour composed certain Ordinances to be observed by his subjects Denizen DEnizen or Donaison is where au Alien born becomes the Kings Subject and obtains the Kings Letters Patents to enjoy all Priviledges as an English-man but if one be made Denizen he shall pay Customes and divers other things as Alien as it appears by divers Statutes thereof made It seems that Donaison is the true name so called because that his Legitimation is given to him and not Denizen as derived from Deins nee And the Law is so precise in the making of Denizens that the King cannot grant power to any other to make Aliens born Denizens it is by the Law so inseparably and individually annexed to his Royal person for the Law esteems it an high Prerogative to make Aliens Subjects of the Realm and capable of Lands and Inheritances as natural born Subjects are And therefore the Statute of 27 H. 8. c. 24. which reunites many of the most ancient Prerogatives and Regal Flowers of the Crown makes no mention of any authority to make Letters of Denization to be resumed for that never any claimed it be any pretext whatsoever it being so high a point of Prerogative See Cok. l. 7. Calvins Case Deodand DEodand is when any man by misfortune is slain by a Horse Cart or any other thing that moves to further his death such thing which at the time of his misfortune did move or cause his death shall be sorfeit to the King and that is called Deodand and that pertains to the Kings Almoner for to dispose in Alms and Deeds of Charity But it is not forfeited untill the matter be found of Record and therefore they cannot be claimed by Prescription and the Iury that finds or presents the death by such misadventure ought also to find and appraise the Deodand Co. l. 5. f. 110. If a Horse strikes one and afterwards the Owner sells the Horse and then the party that was stricken dies of the stroke in this case the Horse shall be forfeited as a Deodand notwithstanding the sale for relation shall be had to the stroke which was before the sale Plow Com. 260. b. What move to death or kill the dead Are Deodand and forfeited Departure from a Plea or matter DEparture from a Plea or matter is where a man pleads a Plea in bar and the Plaintiff replies thereto and he after in his Rejoynder pleads or shews another matter contrary or not pursuing to his first Plea that is called a Departure from his Bar. As if a man pleads a general Agreement in bar and in the Rejoynder he alledges an especial Agreement this shall be adjudged a Departure in Pleading So in Trespass if the Defendant will plead a discent to him and the Plaintiff saith that after this the Defendant enfeoffed him and the Defendant saith that this Feoffment was upon Condition for the breach whereof he entred this is a Departure from the Bar for it is a new matter See Plow Com. f. 7. 8. Departure in despight of the Court. DEparture in despight of the Court is when the Tenant or Defendant appears to an Action and hath a day over in the same Term or is called after though he had no day given him so that it be in the same Term if he do not appear but make Default it is a Departure in despight of the Court and therefore he shall be condemned And it is to be observed that Departure in despight of the Court is always of the part of the Tenant or Defendant and the Entry thereof is Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit Defaltam fecit and this is when in judgement of the Law he is present in Court and being demanded departs in despight of the Court this amounts to a Bar in respect of the Despight and Contempt of the Court. See Cok. lib. 8. f. 62. Deprivation DEprivation is when an Abbot Bishop Parson Vicar Prebend c. is deprived or deposed from his Preferment for any matter in Fact or in Law As if a Miscreant or Schismatick be presented admitted and inducted there is good cause of Deprivation So if a meer Lay-man be presented admitted instituted and inducted yet he shall be deprived or if the Incumbent hath Plurality of Benefices or subscribe not to the Articles of Religion according to the Stat. of 13 Eliz. cap. 12. By the Statute of 21 H. 8. cap. 13. it is enacted That if any person having a Benefice with Cure of souls of the yearly value of eight pounds or more accepts or takes any other with Cure of souls and be instituted and inducted into the possession thereof the first Benefice shall be void and the Incumbent in this case is outed or deprived by Cession In which case the Bishop needs not give notice to the Patron because the Deprivation is by Act of Parliament to which every one is party and ought to take notice at his peril But otherwise it is if the first Church be not of the yearly value of eight pounds for then it is void meerly by the Ecclesiastical Law See Co. l. 4. f. 76. and l. 7. 43 b Deputie DEputie is he that exercises in another mans right either Office or any other thing and his forfeiture or misdemeanor shall cause the Officer or him whose Deputy he is to lose his Office But a man cannot make his Deputy in all cases except the Grant so be as if it be with these or such like words To exercise or use by himself or his sufficient Deputy or if the words go farther To himself or his Deputy or the Deputy of his Deputy then he may make a Deputy and his Deputy also may make a Deputy or else not As if the Office of a Parkership be granted to one he cannot grant this over to another because it is an Office of trust and confidence and shall not be forfeited And there is great diversity between Deputy and Assignee of an Office for an Assignee is a person that hath an Estate or interest in the Office it self and doth all things in his own name for whom his Grantor shall not answer unless it be in especial cases and a Deputy hath not any Estate or interest in the Office but is only
the shadow of the Officer and doth all things in the name of the Officer himself and nothing in his own name and for which his Grantor shall answer and where an Officer hath power to make Assigns he may implicitely make Deputies for He that may do more it ought not to be held unlawful for him to do less and therefore when an Office is granted to one and to his heirs by this he may make Assigns and by consequence he may make Deputies The King by his Letters Pattents commits to the Sheriff the Custody of the County without express words of making Deputy and yet he may make an Vnder Sheriff viz. his Deputy So where before the Statute of Quia emptores terrarum the King or other Lord had given Lands to a Knight to hold of him by Knights Service that is to go with his Lord when the King makes a Voyage Royal to subdue his enemies for 40 days well and conveniently arrayed for the War yet he may find another able person howbeit in the one case it concerns the publick Administration and execution of Iustice in time of Peace and in the other the publick defence of the Realm in time of War See Cok. l. 9. Le Countee de Salops Case Dereine DEreine is taken in divers senses and seems to come from the French Disarrayer that is to confound or put out of order or else the Norman word Desrene which is the denial of a mans own act and Lex Deraisnia was the Proof of a thing which one denies to be done by himself and his adversary affirms it defeating and confounding the assertion of his adversary and shewing it to be without and against reason or probability And in our Law it is diversly used First generally to prove as Dirationabit jus suum haeres propinquior Glanvile l. 2. c. 6. and he l. 4 c. 6. saith Habeo probos homines qui viderunt audiverunt parati sunt hoc dirationare In the same manner Bracton uses it Habeo sufficientem Disratiocinationem probationem By the Statute of 31 H. 8. cap. 1. Ioyntenants and Tenants in common shall have Aid to the intent to deraigne the Garranty paramount So Plo. in Manxels Case fol. 7. b. hath this Case If a man hath an Estate in fee with Warranty and enfeoffs a stranger with Warranty and dies and the Feoffee vouches his Heir the Heir shall deraigne the first Warranty Also this word is used when Religious men forsake their Orders and Professions as in Kitch fol. 152. b. if a man makes a Lease for life upon condition that if the Lessor dies without issue then the Lessee shall have Fee the Lessee enters in Religion and then the Lessor dies without issue and after the Lessee is deraigned he shall not have Fee insomuch as at the time of the Condition the Fee cannot vast in him De son tort demesne DE son tort demesne seem to be certain words of form in an Action of Trespasse used by way of Reply to the Plea of the Defendant As if A sues B in an Action of Trespasse and B answers for himself that he did this which A calls Trespass by the commandment of C his Master A saith again that B did this of his own wrong without that that C commanded him in such manner and form c. Debt DEbt is a Writ that lies where any summ of money is due to a man by reason of Account Bargain Contract Obligation or other Especialty to be paid at a certain day which is not paid then he shall have this Writ But if any money be due to any Lord by his Tenant for any Rent-service the Lord shall never have Action of Debt for that but he must distrain for it Also for Rent-charge or Rent-seek which any man hath for life in tail or in see he shall not have any Action of Debt as long as the Rent continues but his Executors may have an Action of Debt for the Arrearages due in the life of their Testator by the Statute 32 H. 8. c. 37. For Arrearages of Rent reserved upon a Lease for term of years the Lessor is at his election to have an Action of Debt or to distrain but if the Lease be determined then he shall not distrain after for that Rent but he must have an Action of Debt for the Arrerages And note That by the Law of the Realm Debt is only taken to arise upon some Contract or Penalty imposed upon some Statute or pain and not by other Offences as in the Civil Law Debitum ex delicto If a man enter into a Tavern to drink and when he hath drank goes away and will not pay the Vintner the Vintner shall not have an Action of Trespass against him for his Entry but shall have an Action of Debt for the Wine If I deliver Cloth to a Tailor to make a Gown if the price be not agreed on in certain before how much I shall pay for the making he shall not have against me a general Action of Debt but a special one and shall declare specially and it shall be put to the Iury how much he deserves But if a Tailor make a Bill and himself rates the making and the necessaries thereunto he shall not have an Action of Debt for his own values unless it was so specially agreed but in such case he may detain the Garment until he be paid as an Hostler may his Guests Horse for his meat Cok. l 8. 147. Also Debt lyeth for Fines of Copyholds and for amerciaments in Court Leet and Court Baron and upon Awards and upon recoveries in base Courts or Courts of Record Detinue DEtinue is a Writ that lies against him who having goods and chattels delivered to him to keep refuses to re-deliver them See hereof F. N. B. 138. Devastaverunt bona Testatoris DEvastaverunt bona Testatoris is when the Executors will deliver Legacies or make restitution for wrongs done by their Testator or pay his Debts due upon Contracts or Specialties whose days of payment are not yet come c. and keep not sufficient in their hands to discharge those Debts upon Records or Specialties which they are compellable by the Law to satisfie in the first place then they shall be constrained to pay these out of their own goods according to the value of what they voluntarily delivered or paid for such irregular and illegal Payments are accounted in the Law a Wasting of the goods of the Testator as much as if they had given them away without cause or sold them and converted them to their own use And therefore if A be bound in a Recognisance or in a Statute Merchant or Staple and after Recovery is had against him in an Action of Debt and he makes his Executors and dies his Executors are bound by the Law to pay the Debt due upon the Recovery although it be later in time before the Debt due by Recognisance or Statute because though
cap. 3. and by the Canonists is defined to be Administration conjoyned with power and Jurisdiction Diminution IS when the Plaintiff or Defendant in a Writ of Error alledges to the Court that part of the Record remains in the Inferiour Court not certifyed and prays that it be certifyed by Certiorari Co. Ent. 232. 242. 1 Cr. John versus Thomas 2 Cro. 479. 131. Rolls Abridg. 765. 20. Diocesse Diocesse is the Circuit of the Iurisdiction of every Bishop for this Realm hath two kinds of Divisions the one in Shires or Counties in respect of the Temporal politie the other in Diocesses in respect of the Ecclesiastical Iurisdiction Disability DIsabilitie is when a man by any act or thing by himself or his ancestor done or committed or for or by any other cause is disabled or made incapable to do inherit or take benefit or advantage of a thing which otherwise he might have had or done There are many things by which a man may be disabled and those are ordinarily either by the act of the party or his Ancestor or by the act of the Law or of God Disability by the Act of the Ancestor as if a man be attainted of Treason or Felony by this Attainder his blood is corrupt and thereby himself and his children disabled to inherit Disability by the Act of the party himself as if a man makes a Feoffment to another man that then is sole upon condition that he shall infeoff a third man before M. and before M. or the Feoffment made the Feoffee takes a wife he hath by that disabled himself to perform the Condition according to the trust in him reposed and therefore the Feoffor may enter and out him as it is Littl. sect 357. So if the Feoffee charges the Land or enters into a Statute-Staple or Statute-Merchant by these acts he hath disabled himself and therefore the Feoffor may enter as in the former case So if I bind my self that upon Surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion in this case though I afterwards repurchase and get the whole Reversion to me again yet I have forfeited my Obligation because I was once disabled to perform it Co. l. 5 f. 21. Also if a man be excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke l. 8. f. 69. and so in many other cases Disability by act of Law is most properly when a man by the sole act of the Law without any former thing by him done is disabled and so is Alien born And therefore if a man born out of the ligeance of our Lord the King will sue any Action the Tenant or Defendant may say that he was born in such a Country forth of the Kings liegeance and demand judgment if he shall be answered for the Law is our Birth-right to which an Alien is collateral and a stranger and therefore disabled to take any benefit thereby By the act of God as not to be of whole memory is a Disability in some cases and in others not for which it seems this difference may be taken that in all cases where a man of no whole memory gives or passes any thing or Estate out of him this after his death may be disanulled and avoided but where a man Non sanae memoriae doth a thing whereby nothing passes out of him there he may in some special cases be bound as if he be Lessee for years rendring Rent and the Lessor grants the Reversion there the Lessee non sanae memoriae cannot make Attornment for he that is amens or without mind cannot make Attornment which is Agreement and yet in such case if the Lessor ejects him and makes a Feoffment and afterwards the Lessee non sanae memoriae re-enters this act of Re-entry doth subject him to the Distress and Action of Waste And it is a Maxim in Law That a man of full age shall never be received to disable his own person And this incapacity to disable himself as to some persons is personal and extends only to the party himself and as to others it is not personal but shall bind them also There are four manner of Privities scil Privies in Bloud as Heir Privies in Representation as Executors or Administrators Privies in Estate as Donee in tail the Reversion or Remainder in fee c. and Privies in Tenure as the Lord and Tenant and two of these may disable the person of the dead which was non sanae memoriae or c. and shall avoid his Grants or Feoffments and two of them not For Privies in Bloud may shew the Disability of the Ancestor and Privies in Representation the Infirmity of their Testator or Intestate but neither Privy in Estate nor Privy in Tenure can so do Co. l. 4. f. 123 124. See Lit. sect 405. Co. l. 8. fol. 43. Disalt DIsalt signifies as much as to Disable Litleton cap. Discontinuance Disceit DIsceit is a Writ sometime Original and sometime Iudicial When it is Original it lies where any Disceit is done to a man by another by not performance of a Bargain or Promise then he that is in such manner deceived shall have this Writ When it is Judicial it lies where a Scire facias is sued out of any Record against a man and the Sheriff returns that he is warned where he was not or where a Praecipe quod reddat of a Plea or Lands or a Quare Impedit of the Presenting to a Church is sued against one and the Sheriff returns that the Defendant is summoned where he was not by which Disceit and false Return the Demandant or Plaintiff recovers then the party grieved shall have this Writ against him that recovered and against the Summoners and against the Sheriff and the Writ shall be directed to the Coroners of the same County if he continue Sheriff that made the Return So if a man makes an Attorney in an Action real brought against him and afterwards it is agreed by Disceit between the Demandant and the said Attorney that the said Attorney shall make Default who doth so accordingly whereby the Tenant loses his Land then the same Tenant that loses the Land may have a Writ of Disceit against the Attorney Also if a man brings an action of Trespasse against two others and the Plaintiff and an Attorney by Disceit cause two Strangers not parties to the Writ to come into Court and say that they are the same two Defendants named in the Writ and that they appoint the same man to be their Attorney in that Suit whereupon the same Attorney as Attorney to the Defendants named in the Writ pleads to the Issue and after suffers the Enquest to pass by his Default by which means the Plaintiff recovers In this case those that are indeed Defendants may have a Writ of Desceit against the same Attorney and shall recover their dammages Fitzh Nat. Brev. 96. And as the Law
Iury he shall be disgraded for it which is nothing else but the Deprivation of him from those Orders he hath taken upon him as Priesthood Deaconship or otherwise Stamf. Pl. Cor. fol. 130 138. In like manner there is Disgrading of a Knight as is aforesaid See Stow Annal. pag. 685. And it is worthy the observation that by the Canon Law there are two kinds of Disgradings the one summary by word only and the other solemn by Devesting the party disgraded from those Ornaments and Rites which are the Ensigns of his Order or Degree See 4 E. 4. 19 20. Tithes TIthes are the Tenth parts of any thing but properly of those things that increase which for the most part belong to Ministers of the Church for their maintenance and they are of three sorts to wit Predial Personal and mixt Predial Tithes are Tithes that are paid of things that come of the Ground onely as Corn Hay Fruits of trees and such like Personal Tithes are Tithes paid of such profits as come by the labour and industry of a mans person as by Buying and Seiling gains of Merchandize and of Handy-crafts men Labourers and such as work for hire as Carpenters Masons and such like Mixt Tithes are Tithes of Calves Lambs Pigs and such like that increase partly of the Ground they are fed upon and partly of the keeping industry and diligence of the Owner Disparagement DIsparagement is a Shame Disgrace or Villany done by the Gardian in Chivalrie to his Ward within age in point of his Marriage As when the Gardian marries his Ward within age of fourteen years and within such time as he cannot consent to Marriage to a Bond-woman or to the Daughter of one that dwels in a Borough which is to be understood such whose fathers profess Handicrafts and those baser Arts of buying and selling to get their living or to one that is lame or deformed or hath some horrible Disease as the Leprosie French-Pox Falling-sickness or such like or marries him to a woman that is past Child-bearing and divers such other then upon complaint made by the friends of such Heir the Lord or Gardian shall lose the Wardship and the profits during the Nonage of the Heir for the Disparagement done him See Littl. lib. 2. cap. 4. Disseisin DIsseisin is when a men enters into any Lands or Tenements where his Entry is not lawful and puts him out that hath the Freehold Disseisin upon Disseisin DIsseisin upon Disseisin is when the Disseisor is disseised by another Disseisor and Disseisee DIsseisor is he who puts a man out of his Land without order of Law But the King cannot be said to be a Disseisor and with this is a note in 1 E. 5 f. 8. that it was held the King could not be termed one that did wrong for if one will disseise another to the use of the King where the King hath no right the King cannot be said a Disseisor Disseisee is he that is put out of his Land and if such Disseisee levy a Fine of the Land whereof he is disseised to a stranger the Disseisor shall keep the Land for ever for the Disseisee against his own Fine cannot claim and the Conusee cannot enter for the right which the Disseisee had was extinct by the Fine whereof the Disseisor shall take advantage and so was the opinion Cok. lib 2. fol. 56. Distress DIstress is the thing taken and distrained upon any Land for Rent behind or other duty or for hurt done although the property of the thing belongs to a stranger but if they are Beasts that belong to a stranger it behoves that they were levant and couchant upon the same Ground that is to say that the Beasts have been upon the ground a certain space that they have themselves well rested there or else they are not distrainable for Rent or Service If one distrain for Rent or other thing without lawfull cause then the party grieved shal have a Replevin and upon Surety found to pursue his Action shall have the Distress re-delivered But there are divers things that are not distrainable viz. another mans Gown in the house of a Tailor or Cloth in the house of a Fuller Sheerman or Weaver they being common Artificers and the common presumption is that such things belong not to the Artificers but to other persons who put them there to be wrought Victual is not distrainable nor Corn in sheaves unless they are in a Cart because a Distress ought to be always of such things whereof the Sheriff may make Replevin and deliver again in as good case as they were at the taking A man may distrain for Homage of his Tenant for Fealty and Escuage and other Services and for Fines and Amerciaments which are assessed in a Leet but not in a Court-Baron and for Dammage-feasant that is when he finds the Beasts or goods of any other doing hurt or incumbring his Ground But a man may not distrain for any Rent or thing due for any Land but upon the same Land that is charged therewith And in case where I come to distrain and the other seeing my purpose cases the beasts or bears the th â— ng out to the intent that I shall not take it for a Distresse upon the Ground then I may well pursue and if I take it presently in the High-way or in anothers ground the taking is lawful as well there as upon the Land charged to whomsoever the property of the goods belongs Also for Fines and Amerciaments assessed in a Leet one may always take the goods of him that is so amerced in whose ground soever they be within the Iurisdiction of the Court as it is said Also when one ha â— h taken a Distresse it behoves him to bring it to the common Pound or else he may keep it in an open place so that he give notice to the party that he if the Distress be a quick beast may give it food and then if the beast die for want of food he that was distrained shall be at the loss and the other may distrain again for the same Rent or duty But if he carry the Distresse to an Hold or out of the County that the Sheriff may not make deliverance upon the Replevin then the party upon Return of the Sheriff shall have a Writ of Withernam directed to the Sheriff what he take as many beasts or as much goods of the other into his keeping till deliverance be made of the first Distresse And also if they be in a Fortlet or Castle the Sheriff may take with him the Power of the County and beat down the Castle as appears by the Statute of West 1. c. 17. Therefore see the Statute District DIstrict is sometimes used for the Circuit or Territory within which a man may be compelled to appear Brit. c. 120. and so also is Districtio in the Reg orig fol. 6. v. Distresse in the former signification is divided first into finite and infinite
Fieri facias If a man recover by a Writ of Debt and sue a Fieri facias and the Sheriff return that the Defendant hath nothing whereof he may satisfie the Debt to the party then the Plaintiff shall have Elegit or Capias sicut alias and a Pluries And if the Sheriff return at the Caplas Mitto vobis corpus and he have nothing whereof he may make satisfaction to the party he shall be sent to the prison of the Fleet and there abide untill he have made Agreement with the party and if the Sheriff return Non est inventus then there shall go forth an Exigent against him Note well That in a Writ of Debt brought against a Parson who hath nothing of Lay-Fee and the Sheriff returns that he may not be summoned then shall the Plaintiff sue a Writ to the Bishop to cause his Clerk to come and the Bishop shall make him come by Sequestration of the Church And if a man bring a Writ of Debt and recover and make his Executors and die they shall not have Execution notwithstanding it be within the year be a Fieri facias There is another sort of Elegit upon adjudging execution against Terr-tenants which Elegits recite the lands against which Execution is adjudged and commands the Sheriff to deliver to the Creditor a moyty of those Lands and nothing is therein mentioned of any Goods or Chattels as in the other Elegits Elopement ELopement is when a married woman departs from her husband and dwells with an Adulterer for which without voluntary reconcilement to her husband she shall lose her Dower by the Statute of West 2. cap. 34. Whereupon is this old Verse The woman that her husband leaves And with Adult'ry is defil'd Her Dower she shall want unless She first to him be reconcil'd Embleaments EMbleaments are the Profits of the Land which have been sowed and in some cases he who sowed them shall have them and in some not as if Tenant for life sow the Land and afterwards die the Executors of the Tenant for life shall have the Embleaments and not he in Reversion But if Tenant for years sow the Land and before that he hath reap'd his term expires there the Lessor or he in Reversion shall have the Embleaments If one desseises me and cuts the Embleaments growing upon the Land and afterwards I re-enter I shall have an Action of Trespasse against him for the Embleaments but if my Disseisor makes a Feoffment in fee or leases the Land whereof he disseised me and the Feoffee or Lessee takes the Embleaments and after I re-enter I shall not have Trespass Vi armis against them who come in by Title but against my Disseisor Cok. lib. 11. f. 51. If a woman Copiholder during her Widowhood according to the Custome of the Mannor sows the Land and before severance of the Embleaments she takes a husband the Lord shall have the Embleaments So if a woman seised of Land during her Widowhood makes a Lease for years and the Lessee sows the Land and the woman takes a husband there the Lessee shall not have the Embleaments although his Estate be determined by the act of a stranger And although it is commonly held in our Books That if a man leases Lands at will and after the Lessee sows the Land and then the Will is determined that the Lessee shall have the Embleaments yet if the Lessee himself determines the Will before the severance of the Corn. he shall not have the Embleaments See Cok. lib. 5. fol. 116. Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial between party and party comes to the Barrs with one of the parties having received some reward so to do and speaks in the case or privily labours the Iury or stands there to survey or overlook them thereby to put them in fear and doubt of the matter But persons learned in the Law may speak in the case for their clients Emparlance EMparlance is when a man being to answer to a Suit or Action desires some time of Respite to advise himself the better what he shall answer and it is nothing else but a Continuance of the Cause untill a fatther day And though the Plaintiff in the Kings Bench after the Barre pleaded hath time to reply two or three Terms after yet no mention shall be made in the Roll of any Emparlance or Continuance but the Entry shall be general and so intended to be the same Term. But it is otherwise with a Barre for it contains the Emparlance or Continuance and is in this manner And now at this day that is Friday c in the same Term untill which day the aforesaid A had licence to imparle c. But there is no such Entry upon any Replication or Rejoynder See Coke lib. 5. fol. 75. Brit. cap. 53. uses this word for the Conference of a Iury upon the business to them committed There is a special Imparlance also for a Defendant salvis sibi omnibus omnimodis exceptionibus ad breve narrationem or ad billam which is of use where the Defendant is to plead some matters which cannot be pleaded after a general imparlance Encheson ENcheson is a French word much used in our Law Books as in the Statute of 50 E. 3. cap. 3 and it signifies as much as the Occasion cause or reason for which any thing is done So it is used by Stamford lib. 1. cap. 12. in his description of a Deodand Encrochment ENcrochment comes from the French word Acrocher that is to Pull or draw to And it signifies an Vnlawfull gaining upon the right or possession of another And so a Rent is said to be encroched when the Lord by Distresse or otherwise compells the Tenant to pay more Rent then he ought or then he need See Bucknal's Case 9 Rep ' fol. 33. So when a man sees his Hedge or his Wall too far into the land or ground of his neighbour that lies next him he is said to incroach upon him Enditement or Indictment INdictment comes of the French Enditer that is to set a man out as he is And it is a Bill or Declaration in form of Law exhibited by way of Accusation against one for some offence either criminal or penal and preferred to Iurors and by their Verdict found and presented to be true before a Iudge or Officer that hath power to punish or certifie the Offence Endowment ENdowment Dotatio signifies properly the Giving or assuring of Dower to a woman But it is sometimes by a Metaphor used for the Setting out or severing of a sufficient part or portion to a Vicar for his perpetual maintenance when the Benefice is appropriated And so it is used in the Statutes of 15 R. 2. cap. 6. and 4 H. 4. cap. 12. Endowment de la pluis belle part ENdowment de la c. is when a man dies seeised of some Lands held in Knights-service and others in
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
And the Escheator is an Officer of Record and may ordain an under-Escheator as the Sheriff may an under-Sheriff yet the Escheator cannot return any Office by vertue of his Office but he shall be punished See F. N. B. 100. Office Escaetriae is the Escheatorship Reg. orig fol. 259. Exchequer EXchequer Scaccarium comes of the French word Eschequier id est Abacus which in one signification is taken for a Counting-Table or for the art or skill of Counting And from thence as some think the place or Court of the Receits and Accounts of the Revenues of the Crown is called the Exchequer Others have otherwise derived the name But the Exchequer is defined by Crompton in his Jurisd of Courts fol. 105. to be a Court of Record wherein all Causes touching the Revenues of the Crown are handled Escrow AN Escrow is a Deed delivered to a third person to be the Deed of the party upon a future condition And is called in Latine Schedula Rast Ent. 181. Escuage EScuage in Latine Scutagium that is Service of the Shield and he that held by Escuage held by Knight-service and to that did belong Ward Marriage and Relief c. But see the Stat. 12 Car. 2. c. 24. for taking away the Court of Wards and Liveries and turning all Tenures into free and common Soccage Escuage was a certain Sum of mony levied by the Lord of his Tenant after the quantity of his Tenure when Escuage ran through all England and was Ordained by all the Council of England how much every Tenant should give his Lord and that was properly to maintain the wars against Scotland or Wales and not against other Lands for that those Lands did of right belong to the Realm of England See Lit. lib. 2. cap. 3. Eslisors ARe persons nominated by a Court of Law to whom a Venire facias is directed by challenge to the Sheriff and Coroners who return the Writ in their own names with a panel of the Iurors names 15 E. 4. 24. pl. 4. Esnecy ESnecy is a Priviledge given the eldest Coparcener to choose first after the Inheritance is divided Flet. lib. 5. cap. 10. Esplees ESplees is the Profit or Commodity that is to be taken of a thing As of a Common the taking of the Grass by the mouths of the Beasts that common there of an Advowson the taking of gross Tithes by the Parson of Wood the â— elling of Wood of an Orchard the selling of Apples and other Fruit growing there of a Mill the taking of Toll are the Esplees and of such like And note that in a Writ of Right of Land Advowson or such like the Demandant ought to alledge in his Count that he or his Ancestors took the Esplees of the thing in demand otherwise the Pleading is not good Essendi quietum de Tolonio ESendi quietum de Tolonio is a Writ to be quit of Toll and lies in case where the Citizens or Burgesses of any City or Borough have been acquitted of Toll by the Grant of the Kings Progenitors throughout the whole Realm or by Prescription then if any man of the said Cities or Boroughs come with his Merchandises to any Town Fair or Market and there put them to sale or buy any Merchandises if the Officers of the said Town will demand any Toll of him against the Kings Charter or against the Vsage and Custom he may sue and have such a writ Fitz. N. B. fol. 226. Regist original fol. 258. Essoine Essoine Where an Action is brought and the Plaintiff or Defendant may not well appear at the day in Court for one of the five causes under specified he shall be Essomed to save his default There are five manner of Essoins viz. Essoine De ouster le mere by which the Defendant shall have a day by forty days The second is De terra sancta and upon this the Defendant shall have a day by a year and a day and these two shall be laid in the beginning of the Plea The third Essoin is De male vener and that shall be adjourned to a common day as the Action requires and this is called the Common Essoine and when and how this Essoine shall be see the Statutes and the Abridgment of Statutes where it is well declared The fourth is De malo lecti and that is only in a Writ of Right and thereupon there shall a Writ go out of the Chancery directed to the Sheriff that he shall send four Knights to see the tenant and if he be sick to give a day after a year and a day The fifth Essoine is De service del Roy and it lies in all Actions except i â— Assise De Novel Disseisin Writ of Dower Darreine presentment and in Appeal of Murther but in this Essoine it behoves at the day to shew his warrant or else it shall turn to a Default if it be in a Plea real or else he shall lose xx s. for the journey or more by the discretion of the Iustice if it be in a Plea personal as it appears by the Statute of Gloucest cap. 8. Essoino de malo lecti ESsoino de malo lecti is a writ directed to the Sheriff to send four lawful Knights to view one that hath essoined himself De malo lecti Reg. Orig. fol. 8. b. Establishment de Dower EStablishment de Dower seems to be the Assurance of Dower made by the husband or his friends before or at the time of the Marriage And Assignment of Dower is the Setting it out by the Heir afterward according to the Establishment Brit. cap. 102 103. Estandard EStandard or Standard signifies an Ensign in war but is also used for the principal or Standing Measure of the King to the proportion whereof all the Measures through the Land are and ought to be framed by the Clerk of the Market Aulneger or other Officer according to their Function For it was established by Magna Charta ann 9 H. 3. c. 25. that there should be but one scantling of Weights and Measures through all the Realm which is since confirmed by An. 14 Ed. 3. cap. 12. and many other Statutes as also that all should be â— itted to the Standard sealed with the Kings Seal And there is good reason that it should be called a Standard because it stands constant and immoveable and hath all other Measures coming towards it for their conformity as Souldiers in the Field have their Standard or Colours for their direction in their March or Skirmish Of these Standards and Measures read Britton cap. 30. See the Statute 17 Car. 1. cap. 19. Estate EState is that Title or Interest that a man hath in Lands and Tenements as Estate simple otherwise called Fee-simple and Estate conditional or upon Condition which is either upon Condition in Deed or upon Condition in Law See Littleton lib. 3. cap. 5. Estoppel EStoppel is when one is concluded and forbidden in Law to speak against his own act or deed yea though it be
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-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
between Rent and Common is good and that ought to be by Deed. Also it behoves alway that this word Exchange be in the Deed or else nothing passes by it except he have Livery and Seisin Exchequer EXchequer See Exchequer Excommengement EXcommengement is to say in Latine Excommunicatio and it is where a man by judgment in Court Christian is Excommenged by which he is disabled to sue any Action in the Kings Court and if he remain Excommunicate xl days and will not be justified by his Ordinary then the Bishop shall send his Letter Patent to the Chancellour to certifie this excommunication or contempt and thereupon the Sheriff shall be commanded to take the Body of him that is Accursed by a Writ called De Excommunicato capiendo till he hath made satisfaction to holy Church for the Contempt and Wrong and when he is justified the Bishop shall send his Letters to the King certifying the same and then the Sheriff shall be commanded to deliver him by a Writ called Excommunicato deliberando See the Statute 5 Eliz. cap. 23. Excommunication EXcommunication See Excommengement Execution EXecution is where Iudgment is given to any Action that the Plaintiff shall recover the Land Debt or Dammages as the case is and when any Writ is awarded to put him in possession or to do any other thing whereby the Plaintiff should the better be satisfied his Debt or Dammages that is called a Writ of Extention and when he hath the possession of the Land or is paid the Debt or Damages or hath the Body of the Defendant awarded to prison then he hath Execution And if the Plea be in the County or Court-Baron or Hundred and they defer the execution of the Iudgment in favor of the party or for other cause the Demandant shall have a Writ De Executione Judicii Note that in a Writ of Debt a man shall not have Recovery of any Lands but of those which the Defendant hath the day of the Iudgment yielded And of Chattels a man shall have execution only of the Chattels which he hath the day of the execution sued Executione facienda EXecutione facienda is a Writ commanding Execution of a Iudgment the divers uses whereof see in the Table of the Reg. Judic Executor EXecutor is when a Man makes his Testament and last Will and therein names the person that shall execute his Testament that is his Executor and is as much in the Civil Law as Haeres designatus or Testamentarius as to Debts Goods and Chattels of his Testator and such an Executor shall have an Action against every Debtor of his Testator and if the Executor hath Assets every one to whom the Testator was in Debt shall have an Action against him if he have an Obligation or Specialty but in every case where the Testator might wage his Law no Action lies against the Executor See hereof before in the Title Administrators And if any other person not made Executor take or sell the Goods of the deceased he may be sued as Executor of his own wrong in the same form as other Executor See the Statute of 30 Car. 2. cap. 7. Exemplification EXemplification is when a man will have any Original Record written out and exemplified forth of the Court where it remains to which purpose he may have a Writ as appiert by the Reg. orig f. 290. And if a man will plead a Record in other Court then where it remains it behoves him to have it exemplified under the Great Seal of England for if it be exemplified under the Seal of the Common Pleas Exchequer or such like it will not serve unless in Evidence to a Iury. See Coke l. 5. f. 53. See the Statute of 13 Eliz. cap. 6. and 23 El. 3. The force and use of Exemplifications of Patents c. Exemption EXemption is a priviledge to be Free from Service or Apparance and therefore a Baron Baronness by reason of their Dignity are exempted to be sworn upon any Inquest Coke l. 6. f. 53. Also Knights Clerks and Women are exempted to appear at Leets or the Sheriffs Tourn And that is by the Statute of Marlebridge c. 10. And a man may be exempted from being put upon Enquests and Iuries by the Kings Letters Patents as the President and Colledge or Commonalty of Physicians in London were by the Letters Patents of King H. 8. Coke l. 8. f. 108. Ex gravi querela EX gravi querela See before in the Title Devise Exigent EXigent is a Writ that lies where a man sues an Action personal and the Defendant cannot be found nor hath any thing within the County whereby he may be attached or distrained then this Writ shall go forth to the Sheriff to make Proclamation at five Counties every one after another that he appear or else that he shall be out-lawed and if he be outlawed then all his Goods and Chattels are forfeit to the King In an Indictment of Felony the Exigent shall go forth after the first Capias And in a Capias ad computandum or ad satisfaciendum and in every Capias that goes forth after Iudgment the Exigent shall go forth after the first Capias And also in Appeal of Death but not in an Appeal of Robbery or Mayhem With this Exigent issueth also a writ by the Statute of 13 El. cap. 3. to make three Proclamations against the Defendant which is not in Exigents after Iudgment Exigenter EXigenter is an Officer of the Common Pleas of which there are four They make out all Exigents and Proclamations in all Actions in which process of Outlawry lies And they make writs of Supersedeas as well as the Preignotaries upon such Exigents as were made in their Office Of this Officer there is mention made in the Statutes of 10 H. 6. c. 4. 18 H. 6. c. 9. Ex mero motu EX mero motu are words frequently used in the Kings Charters whereby he signifies that he doth that which is contained in the Charter of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to bar all exceptions that might be taken to the Instrument wherein they are contained by alledging that the King in passing that Charter was abused by any false Suggestion Kitch f. 151. And when the Kings Charter hath therein these words it shall be taken most strongly against the King therefore if the King ex mero motu pardon to B. all his debts all the debts that B. ows as Sheriff are by this pardoned and in like manner it is in many other cases where these words shall be taken as strongly against the Kings as if a common person had made the Grant See Coke l. 1. f. 45. Ex parte talis Ex parte talis See before Tit. Account Expeditate EXpeditate is a word often used in the Forrest signifying to cut out the Balls of great Dogs feet for preservation of the Kings Game And
one of the Articles to be enquired touching the Forrest is If all great Dogs or Mastives in the Forest are Expeditated according to the Laws of the Forrest and if any be not the Owner of every such Dog shall forfeit to the King three shillings and four pence Cromp. Jurisd fol. 152. Manwood uses the same word and part 1. of his Forrest Law fol. 212. sets down the manner of expeditating Dogs heretofore which was that the three Claws of the Fore-foot on the right side shall be cut off by the skin whereunto he also adds out of the Ordinance called the Assise of the Forrest that the same manner of expeditating Dogs shall be still used and kept and none other Quaere whence it arises that Crompton and he differ the one saying the Ball of the foot is cut out the other that the three Fore-claws are cut off by the skin Expensis Militum levandis EXpensis Militum levandis is a Writ directed to the Sheriff for levying the Allowance for the Knights of the Parliament Regist orig fol. 191. b. And Expensis Militum non levandis de hominibus de Antiquo Dominico nec a Nativis is a Writ to prohibit the Sheriff to levy any Allowance for the Knights of the County upon such as hold in Ancient Demesne c. Ibidem fol. 261. b. Extend EXtend is to value the Lands or Tenements of one bound by Statute c. that hath forfeited it and to deliver them to the Conusee at such indifferent rates as that by the yearly Profits the Conusee in time may be satisfied his Debt See Fitz. Nat. B. fol. 131. and Coke lib. 4. fol. 67. Fulwoods Case Extent EXtent has two significations The one is a Writ or Commission to the Sheriff for the valuing of Lands or Tenements the other the act of the Sheriff or other Commissioner upon that Writ Broke tit Extent fol. 313. Extinguishment EXtinguishment is where a Lord or any other hath any Rent or Service going out of any Land and he purchases the same Land so that he hath such Estate in the Land as he hath in the Rent then the Rent is extinct for that one may not have Rent going out of his own Land Also when any Rent shall be extinct the Land and the Rent must be in one hand the Estate indefesible and he have as good Estate in the Land as in the Rent for if he have Estate in the Land but for Life or Years and hath Fee-simple in the Rent then the Rent is not extinct but in suspence for that time and after the term the Rent is revided If there be Lord Mesne and Tenant and the Lord purchase the Tenancy the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as Rent-seck Also if a man have a High-way appendant and after purchase the Land wherein the High-way is then the Way is extinct and so it is of a Common appendant Extortion EXtortion is wrong done by any Officer Ordinary Archdeacon Official Major Bailiff Sheriff Escheator Coroner Under-Sheriff Goaler or other Officer by colour of his Office by taking excessive Reward or Fee for execution of his Office or otherwise and is no other thing indeed then plain Robbery or rather more odious then Robbery for Robbery is apparent and always hath with it the countenance of Vice but Extortion being as great a Vice as Robbery is carries with it a countenance of Vertue by means whereof it is the more hard to be tried or discerned and therefore the more odious And yet some there are that will not stick to stretch their Office Credit and Conscience to purchase Mony as well by Extortion as otherwise according to the saying of the Poet Virgil What is it that the greedy thirst of Gol ◠doth not constrain mortals to attempt F. Faculty FAculty is a word often used in the Statute of 25 Hen. 8. cap. 21. and it signifies a Priviledge or special Dispensation granted unto a man by favour and indulgence to do that which by the Law he cannot do as to eat Flesh upon days forbidden or to hold two or more Ecclesiastical Livings and the like And for the granting of these Faculties there is a special Officer under the Arch-bishop of Canterbury called The Master of the Faculties Failing of Record FAiling of Record is when an Action is brought against one who pleads any matter of Record and avers to prove it by Record and the Plaintiff saith there is no such Record whereupon the Defendant hath day given him to bring in the Record at which day he fails or brings in such a one as is no Bar to this Action then he is said to fail of his Record and thereupon the Plaintiff shall have Iudgment to recover c. Faint Action Faint Pleading FAint Action as Littleton fol. 154. saith is as much as to say in English a Fained Action that is such Action as though the words of the Writ be true yet for certain causes he hath no title by the Law to recover by the same Action And a false Action is where the words of the Writ are false So Faint Pleading is a covinous false and collusory manner of Pleading to the deceit of a third party And against such Faint Pleading amongst other things the old Statute in 3 E. 1. cap. 29. seems to be made Deed. DEed is a Writing sealed and delivered to prove and testifie the agreement of the party whose Deed it is to the thing contained in the Deed as a Deed of Feoffment is a Proof of the Livery of Seisin for the Land passes by the Livery of Seisin but when the Deed and the Delivery are joyned together that is a proof of the Livery and that the Feoffor is contented that the Feoffee shall have the Land All Deeds are either Indented whereof there are two three or more parts as the ease requires of which the Feoffor Grantor or Lessor hath one the Feoffee Grantee or Lessee another and peradventure some other body a third c. Or else they are Poll Deeđs single and but one which the Feoffee Grantee or Lessee hath c. And every Deed consists of three principal Points without which it is no perfect Deed to bind the parties namely Writing Sealing and Delivery 1. By Writing is shewed the parties Names to the Deed their Dwelling-places their Degrees the Thing granted upon what Considerations the Estate limited the Time when it was granted and whether simply or upon Condition with other such like Circumstances But whether the parties to the Deed write in the end their Names or set to their Marks as it is commonly used it matters not at all as I think for that is not meant where it is said that every Deed ought to have Writing 2. Sealing is a farther Testimony of their Consents to what is contained in the Deed as it appears in these words In Witness whereof c. or to such effect
always put in the latter end of Deeds without which words the Deed is insufficient And because we are about Sealing and Signing of Deeds it shall not be much amiss here to shew you for Antiquities sake the manner of Signing and Subscribing Deeds in our Ancestors the Saxons time a fashion Differing from that we use now in this That they to their Deeds subscribed their Names commonly adding the Sign of the Cross and in the end did set down a great number of Witnesses not using at that time any kind of Seal And we at this day for more surety both subscribe our Names though that be not very necessary and put to our Seals and use the help of Witnesses besides That former fashion continued absolute until the time of the Conquest by the Normans whose manners by little and little at the length prevailed amongst us for the first Sealed Charter in England is thought to be that of King Edward the Confessour to the Abbey of Westminster who being educated in Normandy brought into this Realm that and some other of their Fashions with him And after the coming of William the Conquerour the Normans liking their own Country Custom as naturally all Nations do rejected the manner that they found here and retained their own as Ingulphus the Abbot of Croiland who came in with the Conquest Witnesses saying The Normans do change the making of Writings which were wont to be firmed in England with Crosses of Gold and other holy Signs into an impression of Wax and reject also the manner of the English Writing Howbeit this was not done all at once but it increased and came forward by certain degrees so that first and for a season the King only or a few other of the Nobility used to Seal then the Noble-men for the most part and none other Which thing a man may see in the History of Battel Abbey where Richard Lucie Chief Iustice of England in the time of King Henry the Second is reported to have blamed a mean Subject for that he used a private Seal whereas that pertained as he said to the King and Nobility only At which time also as J. Rosse notes it they used to ingrave in their Seals their own Pictures and Counterfeits covered with a long Coat over their Armors But after this the Gentlemen of the better sort took up the Fashion and because they were not all Warriors they made Seals ingraven with their several Coats or Shields of Arms for difference sake as the same Author reports At length about the time of King Edward the third Seals became very common so that not only such as bare Arms used to Seal but other men also fashioned to themselves Signers of their own devices some taking the Letters of their own Names some Flowers some Knots and Flourishes some Birds and Beasts and some other things as we now yet daily see used Some other manners of Sealing besides these have been heard of among us as namely that of King Edward the third by which he gave to Norman the Hunter The Hop and the Hop-Town With all the bounds upside down And in witness that it was sooth He bit the Wax with his foretooth The like to this was shewed me by one of my Friends in a loose Paper but not very anciently written and therefore he willed me to esteem of it as I thought good It was as follows I William King give to thee Powlen Royden my Hop and my hop-Hop-Lands with all the bounds up and down from Heaven to Earth from Earth to Hell for thee and thine to dwell from me and mine to thee and thine for a Bow and a broad Arrow when I come to hunt upon Yartow In witness that this is sooth I bit this Wax with my tooth in the presence of Magge Maud and Margery and my third son Henry Also that of Alberick de Vere containing the Donation of Hatfield to which he affixed a short black-hafted knife like an old half-peny whittle instead of a Seal with Divers such like But some peradventure will think that these were received in common use and custom and that they were not the devices and pleasures of a few singular persons such are no less deceived then they that deem every Charter and Writing that hath no Seal annexed to be as ancient as the Conquest whereas indeed Sealing was not commonly used till the time of King Edw. 3. as hath been already said 3. Delivery though it be set last is not the least for after a Deed is written and sealed if it be not delivered all the rest is to no purpose And this Delivery ought to be done by the party himself or his sufficient Warrant and so it will binde him whosoever wrote or sealed the same and by this last act the Deed is made perfect according to the intent and effect of it and therefore in Deeds the Delivery is to be proved c. Thus you see Writing and Sealing without Delivery is nothing to purpose Sealing and Delivery where there is no Writing work nothing And Writing and Delivery without Sealing make no Deed Therefore they all ought joyntly to concur to make a perfect Deed. Faitour FAitour is a word used in the old repealed Statute of 7 R. 2. cap. 5. and it is there taken in the worser sense for an Evil doer or an Idle companion and it seems there to be a Synomymon to Vagabond Fardingdeale FArdingdeal otherwise Farundel of Land signifies the Fourth part of an Acre Cromptons Jurisd fol. 220. b. Quadrantata terrae is read in the Reg. orig fol. 1 b where you may have Denariata and Obolata Solidata and Librata terrae which by probability must rise in proportion of quantity from Fardingdeal as a Half-peny Peny Shilling or Pound rise in value or estimation then must Obolata be Half an Acre Denariata the Acre Solidata Twelve Acres and Librata Twelve score Acres Yet in the Reg. orig fol. 94 and 248. you may find viginti Libratas terrae vel reditus whereby it seems that Librata terrae is as much as yields twenty shillings by the year and centum Solidatas terrarum tenementorum redituum fol. 249. And in F. N. B. f. 87. there are these words Viginti Libratas terrae vel reditus which proves this to be so much Land as is rated at twenty shillings by the year See Furlong Farm or Ferm FArm or Ferm is usually the chief Messuage in a Village or Town whereto belongs great Demeans of all sorts and hath been used to be let for term of Life Years or at Will The Rent that is reserved upon such a Lease or the like is called Farm or Ferm And Farmor or Fermor is he that Tenants the Farm or Ferm or is Lessee thereof Also generally every Lessee for life years or at will is called Farmor or Fermor And note That they are calltd Farms or Ferms of the Saxon word Feormian which signifies to Feed or yield Victual For in ancient
satisfied but with the death of the enemy such is that amongst the people in Scotland and in the Northern parts of England which is a Combination of all the Kindred to revenge the death of any of the Blood upon the Slayer and all his race And this word is mentioned in the Stat. of 43 Eliz. c. 13. Fieri facias FIeri facias is a Writ judicial and lies where a â—â— an recovers Debt or Da â—â— nages in the Kings Court 〈◊〉 a he shall have this Writ to the Sheriff commanding him that he levy the Debt and Dammages of the goods of him against whom the Recovery is had and it lies only within a year and a day and after the year he must sue a Scire facias and if the party be warned and doth not come at the day c. or if he come and can say nothing then he who recovers shall have a Writ of Fieri facias directed to the Sheriff that he make Execution of Iudgment But if a man recover against a woman and she takes a husband within the year and the day then he that recovers must have a Scire facias against the husband So it is if an Abbot or Prior recover and die his Successor within the year shall have a Scire facias See thereof more in the Title Scire facias and Title Execution There is also another manner of Fieri facias against a Rector where upon a general Fieri facias the Sheriff returns quod nulla habet bona seu catalla and thereupon a Writ is directed to the Bishop of the Diocess where he is Rector and thereupon the Bishop levies the Debt of the Profits of the Gleab Tithes of the Rectory Fifteenth FIfteent â— See Quinzisme F â— lazer FIlazer of the French word Filace id est a Thread is the name of an Officer in the Common Pleas of which there are 14. They make dut all the Original Process there and the Distress infinite upon Summons returned in personal Actions and the Capias upon the return of Nihil and all Writs of View in cases where the View is prayed And where the Appearance is with them they enter the Impariance and the general Issue in common Actions and Iudgments by Confession before Issue joyned and make out Writs of Execution upon them And they make Writs of Supersedeas after a Capias awarded when the Defendant appears in their Office And this Officer is mentioned in the Statutes of 10 H 6. c. 4. 18 H. 6. c. 9. File FIle Filacium is a Thread or Wire upon which Writs and other Exhibits in Courts are put for the safer keeping of them together Finders FInders is a word used in many Statutes as in 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4 c. 13. and 31 H. 6. c. 5. and seems to be all one with those Officers which we now call Searchers imployed for the discovery of Goods which are imported or exported without paying Custom Fine FIne sometimes is taken for a Sum of money which one is to pay to the King for any Contempt or Offence which Fine every one that commits any Trespass or is convict that he falsly denies his own Deed or did any thing in contempt of Law shall pay to the King which is called Fine to the King Sometime a Fine is taken for a Final Agreement which is had between any persons concerning any Land or Rent or other thing whereof any Suit or Writ is between them hanging in any Court which may be divers ways One is when any party acknowledges that to be the right of the other as that he hath of the Gift of him that made the Recognizance which always supposes a Feoffment going before and is called a Fine executed Or if he acknowledged that to be the right of another omitting these words coÌ„e ceo que il eit de son Done this being a Fine upon acknowledging of â— ight only if it be levied to him which hath the Freehold of the Land is a Fine upon a Release If he that acknowledged it is seised and he to whom it is levied hath not the Free-hold of the Land then it is called a Fine executory which he to whom the Land is acknowledged may execute by Entry or Scire facias Sometime such a Fine Sur conusance de droit only is to make a Surrender wherein is rehearsed that the Reconusor hath an Estate for life and the other a Reversion Sometime it is taken to pass a Reversion where a particular Estate is recited to be in another and that the Reconusor will that the other shall have the Reversion or that the Land shall remain to another after the particular Estate spent And sometime he to whom the right is acknowledged as that which he hath of the Gift of the Reconusor shall yield the Land or a Rent out thereof to the Conusor And that sometime for the whole Fee sometime for one particular Estate with Remainder or Remainders over and sometime with Reversion of Rents with Distress and Grant thereof over by the said Fine It is called a Fine because thereby the Suit is ended and if it be recorded with Proclamation according to the Statute 4 H. 7. it bars Strangers Fine force FIne force signifies an absolute Necessity as when a man is compelled to do that which he can no way avoid we say he doth it de Fine force So this word is used in Perk. sect 321. in Mantel and Woodlands Case in Plowden f. 94. b. and in Eatons Case cited in Foxly's Case in the 6 Rep. f. 111. a. Finors FInors are those that purifie Gold and Silver and part them by fire and water from courser Metals and therefore in the Statute of 4 H. 7. c. 2. they are also called Parters Fire-bote FIre-bote is necessary Wood to burn which by the Common Law Lessee for years or for life may take in his Ground although it be not expressed in his Lease and although it be a Lease by Word only without Writing But if he take more then is needful he shall be punished in Waste First-fruits FIrst-fruits Primitiae are the Profits of every Spiritual Living for a year which were anciently given to the Pope but by the Statute of 26 H. 8. â— 3. are now transferred to the King Fledwite FLedwite is to be quit from Amerciaments when an outlawed Fugitive comes to the Kings Peace of his own will or being licensed Flemeswite FLemeswite is that you may have the Cattel or Amerciaments of your Fugitive man Fletwit FLetwit or Flitwit is to be quit from Contention and Convicts and that you may have a Plea thereof in your Court and the Amerciaments for Flit in English is Treason in French Floatsam FLoatsam or Flotson is when a Ship is sunk or otherwise perished and the Goods float upon the Sea and they are given to the Lord Admiral by his Letters Patents See Cok. lib. 5. fol. 106. Fold Fould-course FOld Fould-course
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
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
Statute of 2 3 E. 6. c. 14. and it is all one with an Harquebuze Hariot or Heriot HAriot is of two sorts Hariot Custome and Hariot Service Hariot Service is often expressed in a mans Grant or Deed that he holds by such Service to pay Hariot at the time of his death And this Hariot is payable after the death of the Tenant in Fee-simple Hariot Custom is where Hariots have been paid time out of mind by Custom And this may be after the death of the Tenant for life c. But to speak thereof generally Hariot is the best Beast whether it be Horse Ox or Cow that the Tenant had at the time of his death And a Distress may be either seised or taken for it whether it be Hariot Service or Hariot Custom to the Lords use of whom the Tenant held by his Bayliff or other Officers But of right neither the Lord nor his Officer should take Hariot before it be presented at the next Court holden after the Tenant is dead that such a Beast is due for his Hariot Haward HAward or Hayward is an Officer appointed in every Town to be the Common Herd of the Town and he is so called either for that it is one part of his Office to keep the Hedges of inclosed Grounds so that they be not cropped or broken down or because he keeps the Grass from hurt and destruction of Cattel so that Hay may be made thereof He is an Officer sworn in the Lords Court For which Oath see Kitch fol. 46. Hawkers HAwkers is a word used in the Statutes 25 H. 8. cap. 9. and 33 Hen. 8. cap. 4. for Tinkers that go from place to place through the Country and by colour of the Kings Letters Patents or Placards buy and sell Brass and Pewter and cozens the Kings people both in the weight and in the stuff Hey-bote or Hedge-bote HEy-bote ou Hedge-bote is necessary Stuff to make and mend Hedges which the Lessee for years or for life of common right may take upon the Ground to him leased although it be not expressed in his Lease and although it be a Lease by Word without Writing Heybote also may be taken for necessary Stuff to make Rakes Forks and such like Instruments wherewith men use in Summer to redde and make Hay And so Lessee for years took it and it was allowed him by his Lessor the rather as I suppose for that such Instruments are commonly made of slendtr Vnder-wood which by the Common Law the Lessee for years may cut and take as aforesaid Head-borow HEad-borow is compounded of two words Heofed id est Head and Borhe id est Pledge So that Head-borow signifies the chief of the three Pledges in a Decennary within a Lect or he that had the Government of those that are within his own Pledge And he was called Head-borough or Borow-head or Boroughs-holder or Third-borough or Tithing-man or Chief-Pledge or Borow-Elder according to the diversity of speech in divers places And to this day he is now called a Constable Head-silver HEadsilver See Common Fine Heireloome HEireloome is any piece of Houshold-stuff which by the Custom of some Countries having belonged to a House for certain discents goes with the House after the death of the Owner unto the Heir and not to the Executors Herbage HErbage is the Fruit of the Earth provided by Nature for the bit or mouth of the Cattel But it is commonly used for a Liberty to feed ones Cattel in anothers mans ground as in the Forest c. Cromp. Juris fol. 197. Heretico or Haeretico comburendo HAEretico comburendo is a Writ that lies against him who is an Heretick that is who having been once convicted of Heresie by the Bishop and having abjured it afterwards falls into it again or into some other and is thereupon committed to the Secular Power And Brit. lib. 1. cap. 17. saith That by the Common Law those persons who Feloniously burn the Corn or Houses of others Sorcerers and Sorcecesses Sodomitical persons and Hereticks should be burnt and consumed This Writ is taken away by the Statute of K. C. 2. Hermitage Hermite HErmite is a Religious Man who devotes himself to live solitary in any private Place Church Monastery c. And his place is called an Hermitage And of it a Prohibition lies Nat. Br. 34. G. Hidage HIdage is to be quit if the King shall tax all the Land by Hides Note that a Hide of Land is a whole Plough-land And this kind of Taxing by Hides was much used in old time as well for provision of Armour as payments of Money and that chiefly in King Etheldred's days who in the year of Christ 1006. when the Danes landed at Sandwich in Kent taxed all his Land by Hides thus That every 310 Hides of Land should find one Ship furnished and every eight Hides should find one Iack and one Saddle for the defence of the Realm Hoblers HOblers are mentioned in the Statute of 25 E. 3. Stat. 5. cap. 8. to be such men as by their Tenure are bound to keep a little Nag to give notice of any Invasion or other danger that happens near the Sea-side where they dwell Hoghenhine HOghenhine is he who comes Guest-wise to a house and there lies the third night after which time he is accounted one of his Family in whose house he lies and if he offend the Kings Peace his Host must be answerable for him Bract. lib. 3. tract 2. cap. 10. In the Laws of King Eâ—ward set forth by Lambert he is called Agenhine where you may read more of this matter Homage HOmage in our Books is twofold viz. Homagium ligeum and that is as much as Ligeance of which Bracton speaks lib. 3. cap. 35. fol. 79. Soli Regi debetur sine Dominio seu Servitio And the other is Homagium feudale which hath his original by Tenure In Fitzh N. B. fol. 269. there is a Writ for respiting this later Homage which is due by reason of the Fee or Tenure But Homagium ligeum is inherent and inseparable and cannot be respited Homage by reason of Fee or Tenure is defined to be a Service which shall be made in this manner The Tenant in Fee or Fee-tail that holds by Homage shall kneel upon both his knees ungirded and the Lord shall sit and hold the hands of his Tenant between his hands and the Tenant shall say I become your man from this day forward of life and member and of earthly honor and to you shall be faithful and true and shall bear to you faith for the Lands that I claim to hold of you saving that Faith I owe to our Lord the King and then the Lord so sitting shall kiss him How Fealty shall be done look before in Fealty The Steward of the Lord may take Fealty but not Homage See the Statute 12 Car. 2. cap. 24. Homage auncestrel HOmage auncestrel is where a man and his Ancestors time out of mind held
Alfred after he had divided the whole Realm into certain parts or sections which of the Saxon word Scyran signifying to cut he termed Shires or as we yet spake Shares and Portious These Shires be also dividid into smaller Parts whereof some were called Lathes of the word Gelathian which is to assemble together others Tithings because there were in each of them to the number of Ten persons whereof each one was Surety and Pledge for others good abearing others Hundreds because they contained Iurisdiction over one Hundred Men or Pledges dwelling peradventure in two or three or more Parishes Boroughs or Towns lying and adjoyning nevertheless somewhat near together in which he appointed Administration of Iustice to be exercised severally among them of the same Hundred and not that one should run out disorderly into anothers Hundred Lathe or Tithing wherein he dwells not These Hundreds continue to this day in force although not altogether to the same purpose whereunto at first they were appointed yet still to very needful both in time of Peace for good order of Government divers ways and in War for certainty of levying men as also for the more ready Collection of Payments granted in Parliament to the Kings of this Realm Hundred-Lagh HUndred-Lagh signifies the Hundred-Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus cap. 9. Hundredum HUndredum is to be quit of Money or Customs to be paid to Governors and Hundredors Husfastene HUsfastene quasi Domi fixus is he that holds House and Land Bract. lib. 3. tract 2. c. 10. Hustings HUstings Hustingum is a Court of Common-Pleas held before the Major and Aldermen of London and it is the highest Court they have for Error or Attaint lies there of a Iudgment or saise Verdict in the Sheriffs Court as it appears by Fitzh N. B. 22 H. c. and the Statute of 11 H. 7. cap. 21. And other Cities and Towns have had a Court of the same name as Winchester Lincoln York and Sheppy So called from the Saxon Hus Domus and Thing Causa quasi Domus Causarum I. Idemptitate or Identitate nominis IDemptiatis nominis is a Writ that lies where a Writ of Debt Covenant or Account or such other Writ is brought against a Man and another that hath the same name with the Defendant is taken for him then he shall have this Writ by which the Sheriff shall make Inquiry before the Iustice assigned in the same County if he be the same person or not and if he be not sound to be the party then he shall go without day in peace Ideot IDeot is he that is a Natural Fool from his Birth and knows not how to count Twenty pence or name his Father or Mother nor tell his own age or such like easie and common matters so that it appears he hath no manner of Vnderstanding Reason or Government of himself But if he can read or learn to read by instruction and information of others or can measure an Ell of Cloth or name the Days of the Week or beget a Child or such like whereby it may appear he hath some light of Reason such a one is no Ideot naturally Jeofaile JEofaile is when the parties to any Suit in Pleading have proceeded so far that they have joyned Issue which shall be tried or is tried by a Iury or Enquest and this Pleading or Issue is so badly pleaded or joyned that it will be Error if they proceed then some of the said parties may by their Councel shew it to the Court as well after Verdict given and before Iudgment as before the Iury is charged And the Councel shall say This Enquest ye ought not to take And if it be after Verdict then he may say To judgment you ought not to go And because such niceties occassioned many delays in Suits divers Statutes are made to redress them as well in the time of King H. 8. an 32. c. 30. as of Queen Eliz. whereof we may say as the Civilians That although Constantine the Emperor commāded the forms of the Law to be cut off yet the daily use of Pleading doth seem again to recal them or rather some of them increase as the heads of Hydra See also now a new Statute of Jeofailes made in 21 Jac. c. 13. Jetsam JEtsam is when a Ship is in danger to be cast away and to disburthen the Ship the Mariners cast the Goods into the Sea and although afterward the Ship perish none of those goods called Jetsam Floatsam or Lagan are called Wreck as long as they remain in or upon the Sea but if any of them are driven to Land by the Sea there they shall be reputed Wreck and pass by the grant of Wreck Coke l. 5. f. 106. Jettezoons JEttezoons This is mentioned in Policies of Insurance and signifies Goods thrown into the Sea in a great Storm Unlawful Assembly UNlawful Assembly is where people assemble themselves together to do some unlawful thing against the Peace although they execute not their purpose in deed Imparlance IMparlance See Emparlance Impeachment of Waste IMpeachment of Waste Impetitio Vasti is as much as to say as a Demand made or to be made of Recompence for Waste done by a Tenant that hath but a particular Estate for Life or Years And therefore he that hath such a Lease without Impeachment of Waste hath by that a property or interest given him in the Houses and Trees and may make waste in them without being impeached for it that is without being questioned or demanded any recompence for the Waste done See Coke l. 11. Bowles Case f. 82. b. Implements IMplements comes either from the French word Employer to imploy or from the Latine Implere to fill up and is used for things of necessary use in any Trade or Mystery which are imployed in the practice of the said Trade or without which the work cannot be accomplished Also for Furniture with which the House is filled And in that sense you shall find the word often in Wills and Conveyances of Moveables Impost IMpost is a French word that signifies Tribute but with us it is taken for the Tax that is paid the King for any Merchandise brought into any Haven from Places beyond the Seas And it is used in the Statute of 31 Eliz. c. 5. as a word of the same signification with Custom which Merchants pay Imprisonment IMprisonment is the Restraint of a mans Liberty whether it be in the open Field or in the Steeks or Cage in the Streets or in a Man 's own House as well as in the common Geal And in all these places the party so restrained is said to be a Prisoner so long as he hath not his Liberty freely to go at all times to all places whether he will without Bail or Mainprise Incumbent INcumbent comes of the Latine Incumbere and signifies him that is presented admitted and instituted to any Church or Benefice with Cure
who is therefore called the Incumbent of that Church because he doth bend all his study to the discharge of the Cure there Indicavit INdicavit is a Writ or Prohibition that lies for the Patron of a Church whose Clerk is Defendant in Court-Christian in an Action for Tithes commenced by another Clerk and extending to the fourth part of the Church or of its Tithes in which case the Suit belongs to the Kings Court by Westm 1. c. 5. Wherefore the Defendants Patron being like to be prejudiced in his Church and Advowson if the Plaintiff obtain in the Court-Christian has this means to remove it to the Kings Court Reg. orig fol. 35. and Britton c. 109. This Writ is not returnable but if they cease not their Suit he shall have an Attachment Inditement INditement See Enditement Indorsement INdorsement is that which is written upon the Back of a Deed as the Condition of an Obligation is said to be indorsed because it is commonly written on the Back of the Obligation Induction INduction is a lay act made by prescept of the Ordinary by which actual possession of the Church is given to the Rector or Vicar after his Presentation and Institution to it Infangtheef INfangtheef is a Priviledge or Liberty granted to Lords of certain Mannors to judge any Thief taken within their Fee Information INformation for the King is that which for a common person is called a Declaration and is not always done directly by the King or his Attorney but rather by some other man who sues as well for the King as for himself upon the breach of some penal Law or Statute wherein a Penalty is given to the party that will sue for the same but no Action of Debt to recover it therefore it must be had by Information Ingrosser INgrosser comes of the French word Grosier that is one that sells by Whole-sale But in our Law an Ingrosser is one that buys Corn Grain Butter Cheese Fish or other dead Victuals with an intent to sell the same again And so he is defined in the Stat. of 5 E. 6. c. 14. made against such Ingrossing Inheritance INheritance See Enheritance Inhibition INhibition is a Writ to inhibit a Iudge to proceed farther in the Cause depending before him And there is another Writ where after the Kings Presentment to a Benefice he presents another and inhibiteth the Bishop to give Induction to the first Presentee Plo. Com. 528. See F. N. B. f. 39. where he puts Prohibition and Inhibition together Inhibition is most commonly a Writ issuing forth of an higher Court-Cheistian to a lower and inferiour upon an Appeal Anno 24 H. 8. c. 12. and Prohibition out of the Kings Court of Record at Westminster to a Court-Christian or to an inferiour Temporal Court Injunction INjunction is an interlocutory Decree out of the Chancery sometimes to give Possession to the Plaintiff for defect of Apparance in the Defendant sometimes to the ordinary Courts of the King and sometimes to the Court-Christian to stay Proceeding in a Cause upon suggestiou made that if the rigor of the Law take place it is against Equity and Conscience in that Case See West part 2. tit Proceedings in Chancery sect 25. Inlagary INlagary or Inlagation is a Restitution of one outlawed to the Kings Protection or to the benefit condition of a Subject Inlaugh INlaugh signifies him that is sub Lege in some Frank-pledge not out-lawed of whom see Bract. l. 3. tract 2. c. 11. Inmates INmates are those persons of one Family that are suffered to come and dwell in one Cottage together with another Family by which the poor of the Parish will be increased And therefore by the Statute of 31 Eliz. c. 7. there is a Penalty of ten shillings a Month set upon every one that shall receive or continue such an Iumate Inquisition INquisition See Enquest Inrolment INrolment is the Registring Recording or Entring of any Act or Deed in the Chancery or elsewhere as of a Recognizance Fine Statute or Deed indented by the Statute of 27 H. 8. c. 16. by which a Freehold shall pass Instant INstant in Latine Instans is defined by the Logicians A thing not dividable in Time which is not any Time nor part of Time to which yet the parts of time are conjoyned and much considered in the Law and though it cannot be actually divided yet in consideration and conceit it may be divided and applied to several purposes as if they were several times whereof see in Plowdens Commentaries in the Case between Fulmerston and Stuard where the Statute of 31 H. 8. which Enacted That if an Abbot within a year before the Statute had letten Lands to one who at the time of making that Lease had the same Land to farm for a term of years then not expired that the Lessee should have that Land only for twenty one years is expounded And there it is debated That when the Termor takes the second Lease he surrenders his former term and so at the same instant of taking the second Lease the former term is expired And in the Case between Petit and Hales he who kills himself commits not Felony till he be dead and when dead he is not in being so as to be termed a Felon but at the instant is in the Law so adjudged And there are many other Cases in Law where the instant time that is not dividable in nature in the consideration of the mind and understanding of the Sages of the Law is divided upon which arise many arguments of great use and profound learning Institution INstitution is a Faculty made by the Ordinary by which a Vicar or Rector is approved to be Inducted to a Rectory or Vicarage Interdiction INterdiction has the same signification in the Common as in the Canon Law where it is thus defined Interdictio est Censura Ecclesiastica prohibens administrationem Divinorum And so it is used 22 H. 8. cap. 12. Intrusion INtrusion is a Writ that lies against him that enters after the death of Tenant in Dower or other Tenant for Life and holds out him in the Reversion or Remainder for which see Fitz. N. B. fol. 203. E. And every entry upon the possession of the King is called an Intrusion as where the Heir of the Kings Tenant enters after Office and before Livery this is called an Intrusion upon the King as appears in Stanf. Prerog fol. 40. and many other Books Intrusion INtrusion See Entrusion Inventary AN Inventary is a Catalogue or Recital in Writing of all the Goods and Chattels of one that is dead with the Valuation of them by four several persons which every Executor and Administrator ought to exhibit to the Ordinary at the time appointed Jointenans JOintenants are where two men come to any Lands and Tenements by one joynt Title as if a man give Lands to two men and to their Heirs Tenants in common are where two have Lands by several Titles or by Feoffment to two
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
Tenements but only the King in right of his Crown because all the Lands through the Realm are in nature of Fee and hold mediately or immediately of the Town This word nevertheless is used for such right in Lands and Tenements as common persons have in the same And there are three manner of rights of Property that is Property absolute Property qualified and Property possessory Of which see at large Cok. lib. 7. Case de Swans fol. 17. Proprietary PRoprietary is he that hath a Property in any thing but is most commonly used for him who hath the Profits of a Benefice to him and his Heirs or to himself and his Successors as in times past Abbots and Priors had Protection PRotection is a Writ that lies where a man will pass over the Sea in the Kings service then he shall have this Writ whereby he shall be quit of all manner of Pleas between him and any other person except Pleas of Dower Quare impedit Assise of Novel disseisin Darrein presentment and Attaints and Pleas before Iustices in Eyre But there are two Writs of Protection one cum clausula Volumus and another cum clau â— ula Nolumus as appears in the Register But a Protectiou shall not be allowed in any Plea begun before the date of it if it be 〈◊〉 in Veyages where the King himself shall pass or other Voyages Royal or in Messages of the King of affairs of the Realm Nor shall a Protection be allowed for Victual brought for the voyage whereof the Protection makes mention nor in Pleas of Trespass or of Contracts made after the date of the Protection Note that any may attach or begin any Action real against him that hath such Protection and therein proceed until the Defendant comes and shews his Protection in the Court and hath it allowed and then his Plea or Suit shall go without day But if after it appears that the party who hath the Protection goes not about the affairs for which he hath it then the Demandant shall have a Repeal thereof And if he go and return after the business ended the Demandant shall have a Resummons to recontinue the former Suit Protestation PRotestation is a form of Pleading when any will not directly affirm nor directly deny anything that is alledged by another or which he himself alledges And it is in two sorts One is when one pleads any thing which he dare not directly affirm or cannot plead for doubt to make his plea double As if in conveying to himself a Title to any Land he ought to plead divers Discents by divers persons and he dare not affirm that all they were seised at the time of their death or although he could do it it shall be double to plead two Discents of both which each by it self may be a good Bar. Then the Defendant ought to plead and alledged the matter interlacing this word protestando as to say that such a one died by Protestation seised c. And that is to be alledged by Protestation and not to be traversed by the other Another Protestation is when one is to answer to two matters and yet by the Law he ought to plead but to one then in the first part of the Plea he shall say to the one matter protestando and non cognoscendo this matter to be true and makes his Plea farther by these words Sed pro placito dicit c. And this is for saving to the party that so pleads by Protestation the being concluded by any matter alledged or objected against him upon which he cannot joyn issue and is no other but an exclusion of the Conclusion for he that takes the Protestation excludes the other party to conclude him And the Protestation ought to stand with the sequel of the Plea and not to be repugnant or otherwise contrary Provendry PRovendry in the Church of Sarum is called the lesser part of the Altar in the Church of St. Mary 41 E. 3. 5. b. Provision PRovision is used with us as it is in the Common Law for providing of a Bishop or other Ecclesiastical person of an Ecclesiastical Living by the Pope before the Incumbent of it be dead the great abuse whereof appears by several Statutes that have been made from the time of E. 3. to the reign of H. 8. for the avoiding of such Provisions Rast Entries Quare impedit Roy 17. 20. Proviso PRoviso is a Condition inserted in any Deed upon the performance whereof the validity of the Deed consists Sometimes it is only a Covenant whereof see Coke lib 2. in the Lord Cromwels Case It hath also another signification in matters judicial as if the Plaintiff or Demandant desists from prosecuting an Action and brings it not to Trial then the Defendant or Tenant may take forth the Venire facias to the Sheriff which hath in it these words Proviso quod c. to this end that if the Plaintiff takes out any Writ to this purpose the Sheriff shall summon but one Iury upon them both See Old Natura Brevium in the Writ Nisi prius fol. 159. Prov â— sor See Praemunire Proxy Procuratio PRoxy Procuratio is a payment to a Bishop by a Religious house for the charges of his visitation of such Houses Davies rep 2. Purchase PUrchase is the Possession that a man hath in Lands or Tenements by his own act means or agreement and not by title of Discent from any of his Ancestors See Littl. l. 1. c. 1. Purlue PUrlue is all the Ground near any Forrest which being made Forest by Henry the second Richard the first or King John was by Perambulations granted by Henry the third severed again from the same Manwood part 2. of his Forrest Laws c. 20. And it seems that this word is composed either of pouralle that is to go or walk about or purelieu that is a pure place because such Lands as were by those Kings subjected to the Laws and Ordinances of the Forrest are now cleared and freed from the same As the Civilians call that a pure place which is not subject unto Burials fo â—â— kewise this may be called a pure place because it is exempted from the servitude and thraldom which was formerly laid upon it Purlue man is he that hath Lands within the Purlieu and being able to dispenh forty shillings by the year of Free-hold is upon these two points licensed to hunt in his own Purlieu Manwood part 1. p. 151. 177. See now the Stat. made 1 Jac. c. 27. Purpresture PUrpresture is a wo â—â— derived from the French â— ourpr â—â— which signifies to take from another and to app â—â— priate to himself and therefore a Purpresture in a general sense is taken for any such wrong done by one man to another Purpresture in a Forrest is every Incroachment upon the Kings Forrest be it by Building Inclosing or using of any liberty without a lawful warrant so to do And of this see Manwood in his Forrest Laws
hath or might have against him Bracton l. 5. tract 5. ca. 9. nu 9. Quo jure QUo jure is a Writ that lies where a man hath had Common of Pasture in anothers Several within the time of memory then he to whom the Several belongs shall have this Writ to charge him to shew by what Title he claims the Common Quo minus QUo minus is a Writ that lies where a man hath granted to another Housebote and Heybote in his wood and the Grantor makes such waste and destruction that the Grantee cannot have his reasonable Estovers then the Grantee shall have the aforesaid Writ which is in nature of a Writ of Waste And note that Housebote is certain Estovers to mend the House and Heybote certain Estovers to mend Heyes and Hedges There is another Writ called a Quo â— inus in the Exchequer which any Termor or Debtor to the king shall have against any other for Debt or Trespass in the Excheques Office called the Common Pleas by which the Plaintiff shall surmise that for the wrong which the Defendant doth him he is less able to pay the King his Debt or Term which is surmised to give Iurisdiction to the Court of Exchequer to hear and determine the cause of the Suit between them which otherwise should be determined in another Court Quo warranto QUo warranto is a Writ that lies where a man usurps to have any Franchise upon the King then the King shall have this Writ to make him come before his Iustices to shew by what Title he claims such Franchise Quod ei deforceat QUod ei deforceat is a Writ that lies where Tenant in Tail Tenant in Dower or Tenant for Life loses by Default in any Action then he shall have this Writ against him that recovers or against his Heir if he think he hath better right than he who recovered See the Statute West 2. cap. 4. Quod permittat QUod permittat is a Writ that lies where a man is disseised of his Common of Pasture and the Disseisor aliens or dies seised and his Heir enters then if the Disseisee die his Heir shall have this Writ Quod permittat Habere Chiminum Rast Entr. 538. Co. Entr. 526. Estoverium turbarum F. N. B. 124. Passagium ê‘ aquam Rast Entr. 538. Liberam chaceam 2 Institut 654. Liberum raurum F. N. B. 124. Liberam faldam Ibid. 6. E. 4. 1. Liberam piscar c. Ibidem Prosternere Domum murum sepem 5 Coke 100. Ripam c. 9 Coke 53. R. Ran. RAn signifies so open a Spoiling of a man that it cannot be denied Lambert Arch. fol. 125. Ranger RAnger comes from the French word Rang that is Ordo vel Series and signifies an Officer of the Forrest that is appointed to walk every day through the Purlieu whereof he is Ranger to drive back the wilde Beasts into the Forrest again to see hear and inquire of Offenders there and to present their Offences See Manwood cap. 20. fol. 185. c. Ransome RAnsome signifies properly the Sum that is paid for the redeeming of one that is taken Captive in War But it is also for a Sum of money paid for the pardoning of some great Offence as in the Statute of 1 H. 4. cap. 7. and in other Statutes Fine and Ransome going together 23 H. 8. cap. 3. and elsewhere Rape RApe hath two significations The first is when it is taken for part of a County as Sussex is divided into six parts which by a peculiar name are called Rapes Cambd. Britan. pag. 225. and these parts in other Countries are called Hundreds Tithings Lathes or Wapentakes In the other sense it is the violent Deflouring a Woman against her will and this offence is Felony as well in the Principal as in his Aidors See 11 H. 4. c. 13. 1 Ed. 4. c. 1. West 2. c. 13. CroÌ„pt Just of Peace f. 43 44. Rationabili parte bonorum RAtionabili parte bonorum is a Writ that lies for the Wife against the Executors of her Husband to have the third part of his Goods after Debts paid and Funeral expences discharged But whether this Writ lies by the Common Law or only by the Custom of some Countries is a question in our Books See F. N. B. fol. 122. L. Rationabilibus divisis RAtionabilibus divisis is a Writ that lies where there are two Lordships in divers towns and one nigh the other and any parcel of one Lordship or Waste hath been incroched by little parcels then the said Lord from whom the parcel of Ground or Waste hath been incroched shall have this Writ against the Lord that hath so incroched Ravishment de Gard. RAvishment de Gard is a Writ that lies for the Gardian by Knights Service or in Soccage against him that takes from him the Body of his Ward And of this see F. N. B. fol. 140. E. c. Rebutter REbut â— er is when one by Deed or Fine grants to warrant any Land or Hereditament to another and he who made the Warranty or his Heir s â— es him to whom the Warranty is made or his Heir or Assignee for the same thing now if he who is so sued pleads the said Deed or Fine with Warranty and demands Iudgment if the Plaintiff shall be received to demand the thing which he ought to warrant against that Warranty by Fine or Deed aforesaid comprehending such Warranty such Pleading of the Warranty is called a Rebutter This word is also a denomination of a Plea which followeth a Rejoynder And after the Rebutter followeth the Surrebutter See Cokes Entries fol. 284. Recaption REcaption is a second Distress of one former distrained for the self-same cause and that during the Plea grounded upon the former Distress It is also the name of the Writ or Remedy that the Law gives him who is thus twice distrained for one thing the form and use of which Writ you may see in Fitz. N. B. fol. 71. E. c. Recluse REcluse is one that by reason of his Order in Religion may not stir or depart out of his House or Cloister And of such Littleton speaks sect 434. Recognizance REcognizance is an Obligation made before a Master of the Court of Chancery for a Debt or to perform Covenants or an Order or Decree of the Court upon which an Extent issues if the Condition be not performed But no Capias lies upon it against the Cognizors or his Executors Quaere vide 2 Len. 84. Recordare REcordare is a Writ directed to the Sheriff to remove a Cause out of an inferior Court as a Court of Ancient Demesne Hundred Court or County Court into the Kings Bench or Common Pleas. And of this see Fitz. N. B. fol. 70. B. Record REcord is a Writing or Parchment wherein are Enrolled Pleas of Land or Common Pleas Deeds or Criminal Proceedings in any Court of Record But in Courts not of Record as Admiralty Courts Christian Courts Baron c. Their
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
his Father and he shall have be no other Recovery against the Tenant or any other because such advantage is given by the Law to the Tenant And note that Fealty of common right belongs to Rent service but not to Rent charge nor Rent seck If a man distrain for Rent charge and the Distress be rescued from him and he was never seised before he hath no recovery but by Writ of Rescous for the Distress first taken gives not Seis â— to him unless he had the Rent before for if he were seised of the Rent before and after the Rent be behind and he distrain and Rescous be made he shall have Assise or a Writ of Rescous In every Assise of Rent charge and annual Rent or in a Writ of Annuity it behoves him that brings the Writ to shew an Especialty or else he shall not maintain the Assise But in an Assise of Mortdancestor or Formedon in the discender or other Writs in which Title is given or comprised brought of Rent charge or annual Rent the Especialty need not be shewn And note well that if a man grant a Rent charge to another and the Grantee release to the Grantor parcel of the Rent yet all that Rent is not extinct If Rent charge be granted to two joyntly and the one release yet the other shall have the half of the Rent And if the one purchase the half of the Land whereout the Rent is going the other shall have the half of the Rent of his companion And if the Disseisor charge the Land to a Stranger and the Disseisee bring an Assise and recover the Charge is defeated But if he that hath right charges the Land and a Stranger feign a false Action against him who hath no right and recovers by Default the charge abides In case Partition be between two Parceners and more Land be allowed to one then to the other and she that hath most of the Land charges her Land to the other and she happeth the Rent she shall maintain Assise without Especialty And it is a Rent seck where a man holds of me by Homage Fealty and other Services yielding to me a certain yearly Rent which I grant to another reserving to me the other Services If Rent seck be granted to a man and to his Heirs and the Rent be behind and the Grantor die the Heir may not distrain nor shall recover the arrearages of the time of his Father as it is said before of Rent services And in the same manner it is of Rent charge or annual Rent But in all these Rents the Heir may have for the arrerages in his own time such advantage as his Father had in his life See the Statute 32 H. 8. cap. 37. And note well that in Rent seck if a man be not seised of the Rent and it be behind he is without recovery for that it was his own folly at the beginning when the Rent was granted him or reserved that he took not Seisin of it as a peny or two pence A man may not have a Cessavit per biennium or any other Writ of Entry sur Cessavit for any Rent seck behind by two years but only for Rent service as it appears in the Stat. West 2. cap. 21. It behoves him that sues for Rent seck to shew a Deed to the Tenant cise the Tenant shall not be charged with the Rent except where the Rent seck was Rent service before as in this case Lord Mesne and Tenant and every of them holds of other by Homage and Fealty and the Tenant of the Mesne by 10 s. rent the Lord paramount purchases the Lands or Tenements of the Tenant all the Seigniory of the Mesne but the rent is extinct and for this cause this rent is become Rent seck and the Rent service changed for he may not distrain for this rent and in this case he that demands the rent shall never be charged to shew a Deed. Also in a Writ of Mordint-cestor Ayle or Besayle of rent seck it needs not to shew a Specialty for that these Writs of Possession comprehend a Title within themselves that is to say that the Ancestor was seised of the same rent and centinued his possession in respect of which Seisin the Law supposes that it is also averrable by the Countrey Yet learn for some suppose a necessity to shew forth a Deed because rent seck is a thing against common right as well as rent charge But in Assise of Novel disseisin and in a Writ of Entry sur disseisin brought of Rent seck it is needful to shew forth a Deed for that Rent seck is a thing against Common Right except in the case aforesaid where it was Rent service before and by the act of Law it is become Rent seck And Assise of Novel disseisin and a Writ of Entry sur disseisin contain within them no Title but suppose a Disseisin to be done to the Plaintiff and by the intendment of the Law the Disseisin gives no cause of Averment against common Right but there is a necessity to shew forth a Deed. Repleader REpleader is where the plea of the Plaintiff or Defendant or both are ill or an impertinent Issue joyned then the Court makes void all the Pleas which are ill and awards the Parties to replead Coke Entr. 152. and 221 224. Replevin REplevin is a Writ that lies where a man is distrained for Rent or other thing then he shall have this Writ to the Sheriff to deliver to him the Distress and shall find Surety to pursue his Action and if he pursue it not or if it be found or judged against him then he that tooks the Distress shall have again the Distress which is called the Return of the Beasts and he shall have in such case a Writ called Returno habendo But if the Defendant avow for Rent he may have Iudgment for the value of the Cattel by the Statute of 17 Car. 2. cap. 7. If it be in any Franchise or Bailiwick the party shall have a Replevin of the Sheriff directed to the Bailiff of the same Franchise to deliver them again and he shall find Surety to pursue his Action at the next County And this Replevin may be removed out of the County unto the Common place by Writ of Recordare See more of Replevin in the Title Distress Also see Mich. 2 E. 3. pl. 31. 7 E. 3. 27. pl. 13. the word Plevin where Land was taken out of the Kings hands and are afterwards delivered or replevied out of the Kings hands For which see Stat. 9. 3. cap. 2. The Writ of Homine replegiando lies where a man is in Prison and not by special commandment of the King nor of his Iustices nor for the death of a man nor for the Kings Forest nor for such cause which is not replevisable then he shall have this Writ directed to the Sheriff that he cause him to be replevied This Writ is a Justcies
but he may enter and his Entry is lawful by R. Thorpe chief Justice 28 E. 3. 96. 45 E. 3. 25. Tales TAles is a Supply of men impannelled upon a Iury or Inquest and not appearing or at their appearance challenged for the Plaintiff or Defendant as not indifferent and in this case the Iudge upon Petition grants a Supply to be made by the Sheriff of some nien there present equal in Reputation to those that are impanneled and hereupon the very act of supplying is called a Tales de circumstantibus This Supply may be one or more and of as many as shall either make Default or else be challenged by each party Stamf. Plac. Cor. l. 3. c. 5. Howbeit he that hath had one Tales either upon default or challenge though he may have another yet he may not have the latter to contain so many as the former for the first Tales ought to be under the number of the principal Pannel except in a cause of Appeal and so every Tales less then other until the number be made up of men present in Court and such as are without exception to the party or parties See Stamford in the place before where you may find some exceptions to this general Rule See Brook f. 105. and Coke l. 10. f. 99. Bewfages Case Talwood TAlwood is a term used in the Statutes of 34 35 H. 8 c. 3. and 7 E. 6. c. 7. and 43 Eliz. cap. 14. and signifies such Wood as is cut into shore Billets for the sizing whereof those Statutes were made Tax and Tallage TAx and Tallage are Payments as Tenths Fifteens Subsidies or such like granted to the King by Parliament The Tenants in Ancient demesne are quit of these Taxes and Tallages granted by Parliament except the King to tax Ancient demesne as he may when he thinks good for some great cause See Ancient demesne Tenant Paravail TEnant Paravail See Paravail Tender TEnder is an act done to save a penalty of a Bond and of Mony for Rent or Contract before Distress or Action brought and where it may be pleaded and where refusal is peremptory Vide Coke 1 Institut 207 208 211. uncore prist Tenure in Capite TEnure in Capite is where any hold of the King as of his Person being King and of his Crown as of a Lordship by it self in gross and in chief above all other Lordships And not where they hold of him as of any Mannor Honor or Castle except certain ancient Honors which appears in the Exchequer See the Stat. 12 Car. 2. cap. 24. Term of years TO hold for term of years is but a Chattel in effect 〈◊〉 no Action is maintainable against the Termour for recovery of the Free-hold no Free-hold being in him A Lease for Term of years is a Chattel real and all Goods which are removeable are Chattels personal Testament TEstament is thus defined in Plowdens Commentaries A Testament is a Witness of the mind and is compounded of these two words Testatio and Mentis which so signifie Truth it is that a Testament is witness of the mind but that it is a compound word Aulus Gelius lib. 6. cap. 12. doth deny to an excellent Lawyer Servius Sulpitius and saith it is a simple word as are these Calceamentum Paludamentum Paviamentum and divers such like And much less is Agreeamentum a compound Word of Aggregatio and Mentium as is said before in the Title of Agreement for there is no such Latine word simple or compound but it may nevertheless serve well for a Law-Latine word And therefore thus it may better be defined A Testament is the true Declaration of our last Will in that we would to be done after our death c. Of Testaments there are two sorts namely a Testament in Writing and a Testament in Words which is called a Nuncupative Testament which is when a Man being sick and for fear lest death want of memory or speech should come so suddenly upon him that he should be prevented if he staid the writing of his Testament desires his Neighbors and Friends to bear witness of his last Will and then declares the same presently by words before them which after his decease is proved by Witnesses and put in writing by the Ordinary and then stands in as good force as if it had at the first in the life of the Testator been put in Writing except onely for Lands which are not devisable but by a Testament put in Writing in the Life of the Testator Thanus THanus is a word which sometimes signifies a Noble-man sometimes a Free-man a Magistrate an Officer or Minister Lambert in the word Thanus Skene saith it is a name of dignity and appears to be equal with the son of an Earl And Thanus was a Free-holder holding his Lands of the King and a man taken with the manner accused of Larceny no sufficient proof being brought against him must purge himself by the Oath of 27 men or 3 Thanes The Kings Thanage signifies a certain part of the Kings Lands or property whereof the rule and government appertains unto him who therefore is called Thanus for the Kings Demains and the Kings Thanage signifies one and the same thing Theftbote THeftbote is when a man takes any Goods of a Thief to favor and maintain him and not when a man takes his own Goods that were stoln from him c. The punishment in ancient time of Theftbote was of Life and member But now at this day Stamford saith it is punished by Ransom and Imprisonment But enquire farther for I think it is Felony Them THem that is That you shall have all the generations of your Villains with their Suits and Cattel wheresoever they shall be found in England except that if any Bond-man shall remain quiet one year and a day in any Priviledged Town so that he shall be received into their Communalty or Guild as one of them by that means he is delivered from Villenage Tithes TIthes See Dismes Title TItle is where a lawful cause is come upon a Man to have a thing which another hath and he hath no Action for the same as Title of Mortmain or to enter for breach of Condition Title of Entry TItle of Entry is when one seised of Land in Fee makes a Feoffment thereof upon Condition and the Condition is broken after which the Feoffor hath Title to enter into the Land and may so do at his pleasure and by his Entry the Free-hold shall be said to be in him presently And it is called Title of Entry because he cannot have a Writ of Right against his Feoffee upon Condition for his right was out of him by the Feoffment which cannot be reduced without Entry and the Entry must be for the breach of the Condition Toft TOft is a place wherein a House once stood but is now all fallen or pulled down Tol or Tolne TOl or Tolne is most properly a payment used in Cities Towns Markets and
21 Jac. cap. 17. at 8 l. per Cent. and now by the Statute of 12 Car. 2. c. 17. it is reduced to 6 l. per Cent. Utlary UTlary is when an Exigent goes forth against any man to appear in any Court to make Answer to any Action or Indictment and Proclamation made in five Counties then if the Defendant appear not the Coroner shall give Iudgment that he shall be out of the Protection of the King and out of the aid of the Law By such an Utlary in Actions Personal the party Outlawed shall forfeit all his Goods and Chattels to the King And by an Utlary in Felony he shall forfeit as well all his Lands and Tenements that he hath in Fee-simple or for term of his life as his Goods and Chattels Also though a man be outlawed yet if any Error or Discontinuance be in the Suit of the Proces the party shall have advantage thereof and for such cause the Vtlary shall be reversed and adnulled If the party Defendant be over the Sea at the time of the Vtlary pronounced that is a good cause of Reversal If an Exigent be awarded against a man in one County where he dwells not yet an Exigent with Proclamation shall go forth to the County where he dwells or else if he be thereupon Outlawed the Utlary may be reversed as it appears by the Statute An 6 4 H. 8 c. 4. And if a man be outlawed in Action personal at the Suit of another and after he Purchase his Chatter of Pardon of the King such Charter shall never be allowed till he hath sued a Writ of Scire facias to warn the party Plaintiff and if he appear then the Defendant shall answer him and bar him of his Action or else make Agreement with him Utlaw UTlaw See Waive Utlepe UTlepe signifies the Escape of Theives Fleta lib. 1. cap. 47. Utrum UTrum is a Writ that lies when the Right of any Church is allened and holden in Lay-fee or translated into the possession of any other Church and the Alienor dies then his Successor shall have the said Writ whereof an Enquest shall be charged to try whether it be the Free alms of the Church or Lay-fee And note well that none that have Covent or Common Seal may maintain this Writ but a Writ of Entre sine assensu Capitull for the Alienation made by his Predecessor W. Wage WAge is the Giving Security for the performing of any thing as to wage Law and to wage Deliverance which see before in Gage None wages Law against the King Brook tit Chose en Action num 6. See Law Waife WAife is when a Thief hath feloniously stolen Goods and being nearly followed with Hue and Cry or else overcharged with the burthen or trouble of the Goods for his ease sake and more speedy Travelling without Hue and Cry flies away and leaves the Goods or any part of them behind him c. then the Kings Officer or the Reeve or Bayliff to the Lord of the Mannor within whose Iurisdiction or Circuit they were left who by Prescription or Grant from the King hath the Franchise of Waife may seise the Goods so waived to their Lords use who may keep them as his own proper Goods except the Owner come with fresh Suit after the Felon and sue an Appeal or give in Evidence against him at his Arraignment upon the Indictment and he be attainted thereof c. In which cases the first Owner shall have Restitution of his Goods so stollen and waived And though as hath been said Waife is properly of Goods stollen yet it may be also of Goods not stollen As if a man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods c. these shall be taken as Goods waived and forfeit as if they had been stollen But see Foxleys Case Coke l. 4. l. 109. b. that these are not Goods waived but Goods of Fugitives which are not forfeited till it be found before the Coroner or otherwise of Record that he fled for the Felony Waive WAive is a Woman that is Outlawed and she is called Waive as left out or forsaken of the Law and not an Outlaw as a man is for Women are not sworn in Leets to the King nor to the Law as men are who therefore are within the Law whereas Women are not and for that cause they cannot be said Outlawed insomuch as they never were within it See Fitz. N. B. fol. 161. A. But a man is called utlaw because he was once sworn to the Law And now for contempt he is put out of the Law and is called utlaw as one should say without benefit of the Law Wapentake WApentake is all one with that which we call Hundred as appears by Bract. lib. 3. tract 2. cap. 1. num 1. in the end Lambert in his Explication of Saxon Words word Centuria saith That this word Wapentake is more especially used at this day in the Countries beyond the River Trent And in the Laws of King Edward by him set forth num 33. it is most plain in these words And what the English term Hundred the foresaid Counties call Wapentake The Statutes An. 3 H. 5. cap. 2. and An. 9 H. 6. cap. 10. and An. 15 H. 6. cap. 7. make mention of Stainctife Wapentake and Friendless Wapentake in Craven in the County of York See Roger Hoveden part poster Annal. fol. 346. Warden WArden is of the same signification with the French Gardein and therefore of this see more in the Title Gardein But it is the most usual word in English for him that hath the Custody and Charge of any person or thing by Office as Wardens of the Fellowships in London Anno 14 H. 8. cap. 2. Warden Courts An. 31 H. 6. c. 3. Warden of the Marches An. 4 H. 7. cap. 8. Ferry Warden An. 18 Eliz. c. 10. An. 27 Eliz. c. 26. Wardens of the Peace Anno 2 Edw. 3. c. 3. Wardens of the West Marches Cambden Brit. p. 606. Warden of the Forrest Manwood part 1. p. 111 112. Warden of the Alnage An. 18 H. 6. c. 16. Warden of the Kings Armor in the Tower An. 1 E. 4. c. 1. Chief Warden of the Forrest Manwood part 1. pag. 42 43. Warden of the Kings Wardrove Anno 5 Hen. 3. Stat. 5. Wardens of the Tables of the Kings Exchange Anno 9 Ed. 3. Stat. 2. c. 7. and Anno 9 Hen. 5. Stat. 2. cap. 4. Warden of the Rolls of the Chancery Anno 1 Edw. 4. cap. 1 5. Wardens and Communalty of Lands contributory to Rochester Bridge Anno 18 Eliz. cap. 17. and Wardens of the Stannary Courts 4 Instit 230. Wardmote WArdmote is a term mentioned in the Stat. of 32 H. 8. c. 17. and signifies a Court that is kept in every Ward in London and is usually called the Warmote-Court or the Wardmote-Inquest Warrantie WArrantie See Garrantie Warrantia chartae WArrantia chartae is a Writ that lies
for him that is infeoffed with Warranty and is afterward impleaded in an Assise or other Action in which he cannot vouch then he may have this Writ against the Feoffor or his Heir to compel them to warrant the Land unto him And see of this Fitz. N. B. f. 134. D. See Garrantie of Charters Warrantia diei WArrantia diei is a Writ the lies in case where a man hath a day in any Action sue â— against him to appear in prope â— person and the King at that day or before imploys him i â— some service so that he cann â—â— appear at the day in Court the â— he may have this Writ direct â— to the Iuistices that they shal â— not record them to be in Defau â—â— for his not appearing And see 〈◊〉 this Fitz N. B. fol. 17. A. and â—â— the form of the Writ see G 〈◊〉 vile lib. 1. cap. 8. Warren WArren is a place Priviledged by Prescription or Grant of the King for the Preservation of Hares Conies Partridges and Pheasants or any of them Warwit WArwit or Wardwit as some Copies have it is to be quit of giving money for keeping of Wards Wast WAst is where Tenant for term or years Tenant for life or Tenant for term of anothers life Tenant in Dower or Tenant by the Curtesse or Gardian in Chivalry doth make Wast or Destruction upon the Land that is to say pulls down the House or cuts down Timber or suffers the House willingly to fall or digs the Ground then he in the Reversion shall have a Writ for that Wast and shall recover the place where the Wast is done and treble Dammages And if a Man cut down Timber without Licence and therewith repairs old Houses yet that is no Wast But if he with the Timber build a new house the cutting down of such Timber is Wast Also the cutting down of Vnder-wood or Willows which is no Timber shall not be said to be Wast unless they grow in the sight or shadow of the House Wast by the Civil Law is call'd Dilapidation and for that the Executor of a Rector or Vicar are answerable in the Court Christian There is also a Writ of Wast permittendo Messuagium vel domum fore in decasu ruinosum Co. Ent. 601. Wharf WHarf is a word used in the Statute of 1 Eliz. cap. 11. and other Statutes and is a Broad place near a Crock or Hithe of water upon which Goods and Wares are laid which are to be Ship'd and Transported from place to place Withernam WIthernam is the Taking or Driving of a Distress to a Hold or out of the County so that the Sheriff cannot upon Replevin make delivery thereof to the party distrained in which case a Writ of Withernam is directed to the Sheriff for the taking of as many of his Beasts that did thus unlawfully distrain or as much Goods of his into his keeping until he hath made deliverance of the first Distress Also if the Beasts be in a Fortier or Castle the Sheriff may take with him the Power of the County and bear down the Castle as appears by the Statute of Westm 1. cap. 20. Brit. cap. 27. Woodgeld WOodgeld seems to be the Gathering or Cutting of Wood within the Forrest or money paid for the same to the Foresters And the Immunity from this by the Kings Grant is by Crompt fol. 197. called Woodgeld Woodmote WOodmote is the old name of that Court of the Forrest which is now since the Statute of Charta de Foresta called the Court of Attachments and by the Statute is held every forty days but was wont to be held at the will of the chief Officers of the Forrest and at no certain time See Manwoods Forrest Laws cap. 22. fol. 207. a. Woolferthfod WOolferthfod is the condition of such who were Outlawed in the Saxons time for not submitting themselves to Iustice for if they could be taken alive they should be brought to the King and if they in fear of apprehension did defend themselves they might be slain and their heads brought to the King for they carried a Woolfs Head that is to say their Head was no more to be accounted of than a Woolfs head being a Beast so hurtful to man See the Laws of King Edward by Lambert f. 127. num 7. Bract. lib. 3. tract 2. cap. 21. This is written Wulve-sheaved by Roger Hoveden part poster Annal. fol. 343. Wreck WReck or Varech as the Normans from whom it came call it is where a Ship is perished on the Sea and no man escapes alive out of it and the Ship or part of it so perished or the Goods of the Ship come to the Land of any Lord the Lord shall have that as a Wreck of the Sea But if a Man or a Dog or a Cat escape alive so that the party to whom the Goods belong come within a year and a day and prove the Goods to be his he shall have them again by Provision of the Statute of Westm 1. cap. 4. made in King Edw. 1. days who therein followed the Decree of H. 1. before whose days if a Ship had been cast on shore torn with Tempest and were not repaired by such as escaped alive within a certain time that then was taken for Wreck Y. yard-Yard-land YArd-land Virgata terrae in some Counties contains 20 Acres in some 24 and in some 30 Acres of Land Abate ABate semble de vener del Francois Abbatre i. rescindere destruere ad pleuseurs significations Come abater un Chesteau ou Fortlet Vet. Nat. br fo 45. que en Westm 1. ca. 17. est enterprete to beat down Et abater un brief est pur le defaire ou renverser per ascun Erreur ou Exception Britton ca. 48. Et luy que s'enterpose enter le prieur possesseur son Heir est dit abater en les Terres Veies Abatement Abatement de Brief ou Plaint ABatement de Brief ou Plaint est quant un Action est port per Brief ou Plaint en que fault sufficient bone matter ou auterment le matter alledge nest certainment alledge ou si le Plaintiff ou Defendant ou Lieu sont misnosme ou si la appear varience perenter le Brief le Specialty ou Record ou que le Brief ou Declaration sont uncertain ou pur mort del Plaintiff ou Defendant ou pur divers auters semblable causes donques sur ceux defaults le Defendant poit prier que le Brief ou Plaint abatera cest adire que le Suit del plaintiff envers luy cessera pur cest temps que il commencera auter temps son Suit port uÌ„ novel Brief ou Plaint sil soit issint dispose Mes si le Defendant en ascun Action plede un matter en Bar ' pur adnuller de Action a touts jours il ne viendra apres a pleader en Abatement de Brief mes si apres il
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