falsi Falsi crimen propriè dicitur quod vtilitatis priuatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requiruntur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est punibilis Hostiensis Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any lands or tenements by vertue of any entayle growing from the statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is called forma donationis or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recouery of lands c. giuen to one and the heyres of his bodie or to a man and his wife and the heyres of their two bodies or to a man and his wife being cosin to the donour in franke mariage and afterward alienated by the Donee For after his decease his heyre shall haue this writ against the tenent or alience Fitz. nat br fol. 211. He maketh three sorts of this formdon in the descender The first is in the maner now expressed the second is for the heire of a coparcener that alienateth and dieth fol. 214 The third is called by him In simul tenuit fol. 216. which lyeth for a coparcener or heire in Gauelkind before partition against him to whome the other coparcener or heire hath alienated and is dead Formdon in the reuerter lyeth for the donour or his heires where land entayled to certaine and their issue with condition for want of such issue to reuert to the donour and his heires against him to whom the Donee alienateth after the issue extinct to which it was entayled Fitzh nat br fol. 219. Formdon in the remainder lyeth where a man giueth landes in tayle the remainder to another in tayle and afterward the former tenent in tayle dieth without issue of his bodie and a stranger abateth then he in the remainder shall haue this writ Fitz. nat br fol. 217. See the Register original fol. 238. 242. 243. of this see the new booke of Entries verb. Formdon Forsechoke seemeth to signifie originally as much as forsaken in our moderne language or derelictum with the Romaines It is especially vsed in one of our statutes for land or tenements seised by the Lord for want of seruices due from the tenent and so quietly held and possessed beyond the yeare and day As if we should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by lawe to recouerthem doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them See the statute anno 10. Ed. 1. cap. vnico Forstall is to be quit of amerciaments and catels arrested within your land and the amerciaments thereof comming New termes of lawe Forstalling forstallatio is partly french for Estaller is in that tongue as much as merces exponere expedire explicare or to shew wares in a market or faire It signifieth in our common law the buying or bargaining for any victuals or wares comming to be sould toward any faire or market or from beyond the seas toward any city port hauen creeke or roade of this realme and before the same be there anno 51. H. 3. stat 6. West parte 2. Simbol titulo indictments sect 64. Forstaller in Cromptons Iurisdiction fol. 153. is vsed for stopping of a deere broken out of the forest from returning home againe or laying betweene him and the forest in the way that he is to returne See Regratours and Engrossers See Cromptons Iustice of peace fol. 69. a. The author of the new terms of law defineth it thus Forstalling Forstallamentum is the buying of corne cattell or other merchandies by the way as it commeth toward the faire or market to be sould to the intent to sell the same againe at a more high and deere price Fleta saith thus of it significat obtrusionem vtae vel impedimentum transitus fugae aueriorum li. 1. cap. 47. Fortescue was a learned Lawyer Lord Chauncelor in Henry the 6. dayes who writ a booke in the commendation of our common lawes Fortlet forteletum commeth nete the french fortelet i. valenticulus forticulus and signifieth in our common lawe a place of some strength old nat br fol. 45. This in other countries is written fortalitium and signifieth castrum Scraderus select practabil quest § 12. nu 7. 8. Fother is a weight of twenty hundred which is a waine or cartloade Speight in his Annot. vpon Chawcer Fourche Assorciare seemeth to come of the french fourcher i. titubare liuguà and signifieth in our common lawe a putting off prolonging or delay of an action And it appeasieth no vnpleasant metaphor for as by stammering we draw out our speech not deliuering that we haue to say in ordinary time so by sourching we prolong a suite that might be ended in a shorter space To sourch by essoine Westm 1. cap. 24. anno 3. Ed. prim where you haue words to this effect Coparceners Ioint-tenants and Tenents in common may not sourch by essoine to essoine seuerally but haue only one essoine as one sole tenent may haue And anno 6. Ed. 1. ca. 10. you haue it vsed in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balles of great dogges feet in the forest See Expeditate And to be quit of footegeld is a priuiledge to keepe dogges within the forest vnlawed without punishment or controlment Cromptons Iurisdict fol. 197. Manwood parte pri of his forest lawes pag. 86. Fowles of warren See Warren Founder is he that melteth mettall and maketh any thing of it by casting it into a mold c. anno 17. Rich. 2. cap. 1. deriued of the verbe fundere to powre Franchise libertas franchesia commeth of the french franchise so signifiing it is taken with vs for a priuiledge or an exemption from ordinarie iurisdiction and sometime an immunitie from tribute It is either personall or reall Cromp. Iurisd fol. 141. that is belonging to a personimmediatly or else by meanes of this or that place or court of immunitie whereof he is either chiefe or a member In what particular things franchises commonly consist See Britton cap. 19. Franchise royall anno 15. R. 2. cap. 4. anno 2. H. 5. cap. 7. in fine seemeth to bee that where the kings writs runne not as Chester and Durham they are called Seignories royall an 28. H. 6. cap. 4. The authour of the new Termes of lawe saith that franches royall is where the King graunteth to one and his heires that they shall be quit of tolle or such like See franchise in the new booke of Entries See Bracton lib. 2. cap. 5. See Sac.
the statute for view of Frankpledge made anno 18. Ed. 1 See Deoennier Leete vew of Frankpledge and Freoborghe That this discipline is borowed by vs of the Romane Emperours or rather Lombards appeareth most manifestly in the second booke of Feuds ca. 53. vpon which if you reade Hotoman with those authors that he there recordeth you will thinke your labour well bestowed Reade more of this viz. what articles were wont to be inquired of in this court in Hornes mirrour of Iustices li. 1. ca. de la veneudes francs pleges and what these articles were in auncient times see in Fleta li. 2. ca. 52. Fredwit See Fletwit Free chapell libera Capella by some opinion is a chapell founded within a parish for the seruice of God by the deuotion and liberalitie of some good man ouer and aboue the mother Church vnto the which it was free for the parishioners to com or not to come ēdowed with maintenance by the founder and therevpon called free I haue heard others say and more probably that those only be free chapels that are of the Kings foundation and by him exempted from the Iurisdiction of the Ordinarie but the King may licence a subiect to found such a chapell and by his charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the iurisdiction of the Diocesan appeareth by the Register originall fol. 40. 41. These chapels were all giuen to the King with chaunteries anno 1. Ed. 6. ca. 14. Free chapell of Saint Martin le grand anno 3. Eduardi 4. capite quarto anno 4. Eduard quarti ca. 7. Free hould liberum tenemētum is that land or tenement which a man holdeth in see see taile or at the least for terme of life Bract. li. 2. ca. 9. The newe expounder of the lawe termes saith that free hold is of 2. sorts Freehould in deede and freehold in lawe Freehold in deede is the reall possession of land or tenements in fee fee tayle or for life Freehould in lawe is the right that a man hath to such land or tenements before his entry or seisure I haue heard it likewise extended to those offices which a man holdeth either infee or for terme of life Britton defineth it to this effect Frank tenement is a possession of the soile or seruices issuing out of the soile which a free man holdeth in fee to him and his heires or at the least for tearme of his life though the soile be charged with free services or others ca. 32. Free hold is sometime taken in opposition to villenage Bract. li 4. ca. 37. 38. M. Lamberd in his explication of Saxon words verbo Terra ex scripto saith that land in the Saxons time was called either Bockland that is holden by booke or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the beter sort of tenents as noble men and gentlemen being such as we nowe call free hould the later was commonly in the possession of clownes being that which wee nowe call at the will of the Lord I finde in the Register iudiciall fol. 68. a. and in diuers other places that he which holdeth land vpon an execution of a Statute merchant vntill he be satisfied the debt tenet vt liberum tenementum sibi assignatis suis and fol. 73. b. I reade the same of a tenent per elegit where I thinke the meaning is not that such tenents be free-houlders but as freehoulders for their time that is vntill they haue gathered profits to the value of their debt Freehoulders in the auncient lawes of Scotland were called Milites Skene de verb. signif verb. Milites The D. Student saith that the possession of land after the lawe of England is called franck tenement or free hould fol. 97. a. Frenchman Francigena was wont to be vsed for euerie out-landish man Bracton lib. 3. tract 2. cap. 15. See Englecerie Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta li. 1. ca. 47. Frendles maen was wont to be the Saxon word for him whome we call an outlawe And the reason thereof I take to be because he was vpon his exclusion from the kings peace and protection denied all helpe of freinds after certaine daies Nam forisfecit amicos Bract. li. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli vtlaugh alio nomine antiquitùs solet nominari sc Frendles man sic videtur quod forisfecit amicos vnde st quis talem post vtlagariam expulsionem scienter paverit receptaverit vel scienter cōmunicaverit aliquo modo vel receptauerit veloccultauerit eadem paenâ puniri debet quâ puniretur vtlagatus ita quòd careat omnibus bonis suis vita nisi Rex et parcat de sua gratia 〈◊〉 Fresh disseisin Frisca disseisina commeth of the french Fraiz 1. recens and disseisir i. posessione eiicere It seemeth to signifie in our common law that disseisin that a man may seeke to defeate of himselfe and by his owne power without the helpe of the king or his iudges Britton ca. 5. that is such disseisin as is not aboue 15. daies olde Bract. li. 4. ca. 5. whome you may reade at large of this mater concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a yeare See him also ca. 44. Fresh fine is that which was levied within a yeare past Westm 2. cap. 45. an 13. Ed. 1. Fresh force Frisca fortia is a force done within 40. daies as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any city or borough or deforced from them after the death of his auncester to whome he is heire or after the death of his tenent for life or in taile he may within 40. daies after his title accrued haue a bille out of the chauncerie to the Mayor c. See the rest Fresh suite recens insecutio is such a present and earnest following of an offendour as neuer ceaseth from the time of the offence committed or espied vntill he be apprehended And the effect of this in the pursuite of a felon is that the partie persiewing shall haue his goods restored him agine whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall finde handled at large what suite is to be accounted fresh and what not And the same author in his first booke cap. 27. saith that fresh suite may continue for seuen yeres See Cookes reportes l. 3. Rigewaies case Fresh suite seemeth to be either within the view or without for M. Manwood saith that vpon fresh suite within the view trespassers in the forest may be attached by the efficers persiewing them though without the limits
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of Right which is of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
Which maketh me to thinke that it rather coÌ„meth from attaindre as we would say in english catched ouertaken or playnly deprehended And Britton ca. 75. vseth the participle attaint in the sence that we say attained vnto A man is attainted by two meanes by appearance or by proces Stawnf pl. cor fo 44. Attaynder by by apparence is by confession by battelll or by verdict idem fo 122. Confession whereof attaynt groweth is double one at the barre before the iudges when the prisoner vpon his endictment read being asked guilty or not guilty answeareth guilty neuer putting himselfe vpon the verdict of the Iurie the other is before the coroner in sanctuarie where he vpon his confession was in former times constreyned to abiure the Realme which kinde also of the effect is called attaynder by abiuration Idem fo 182. Attaynder by battel is when the party appealed by another and chusing to trie the the truth by combat rather then by Iurie is vanquished Idem fo 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty hath an enquest 〈◊〉 life and death passing vpon him and is by their verdict or doomâ— pronounced guiltie Idem fo 108. 192. Attainder by processe otherwise called attainder by default or attainder by outlagarie is where a partie flieth and is not found vntill he haue bene fiue times called publikely in the countie and at the last out-lawed vpon his default Idem fol. 44. I find by the same author fol. 108. that he maketh a difference between attainder and conuiction in these words And note the diuersitie betweene attainder and conuiction c. And with this agreeth the Statute anno 34. 35. H. 8. cap. 14. in ipso principio and anno 1. Ed. 6. cap. 12. in these words that then euery such offender being duly thereof convicted or attainted by the lawes of this realme c. And againe in these words Euery woman that is or shall fortune to be wife of the person so attainted convicted or outlawed c. To this you may likewise adde the flat anno 2. 3. Edw. 6. cap. 33. And I find by Stawnf pl. cor fol. 66. that a man by our ancient lawes was said to be conuicted presently vpon the verdict guiltie but not to be attainted vntill it appeared that he was no clerke or being a clerke and demanded of his ordinarie could not purge himselfe So that a man was not attainted vpon conuiction except he were no Clerke and in one word it appeareth that attainder is larger then conuiction conuiction being onely by the Iurie And attainder is not before iudgement Perkins Graunti num 27. 29. Yet it appeareth by Stawnf fol. 9. that conuiction is called attainder sometime For there he saith that the verdict of the Iurie doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3. Ed. 1. This auncient lawe touching the conuiction and purgation of Clerkes is altered by anno 23. Eliz. cap. 2. as you may farder reade in Clergie Attainder Attinctus though it be most vsed in matters of felonie and treason yet is it likewise applied to inferior transgressions as to disseisin Westm 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens coÌ„meth of the French attendre i. demorari opperiri expectare praestolari it signifieth in our common law one that oweth a dutie or seruice to another or after a sort dependeth of another For example there is Lord mesn and tenent the tenent holdeth of the mesn by a peny the mesn holdeth ouer by two pence The meane releaseth to the tenent all the right he hath in the land and the tenent dyeth His wife shall be endowed of the land and she shall be attendent to the heire of the third part of the peny and not of the third part of the two pence For she shall be endowed of the best possession of her husband Another hath Kitchin fol. 209. in these words where the wife is endowed by the gardian she shal be attendant to the gardian and to the heire at his full age with whome agreeth Perkins also in Dower 424. Atturney atturnatus coÌ„meth of the French tourner i. vertere as tourner son esprit à faire quelque chose i. animum ad rem aliquam inclinare Thence commeth the participle tournè i. versus conversus and the Substantiue tour i. vices vicissitudo as chacun à son tour i. quilibet sua vice It signifieth in our common lawe one appointed by another man to do any thing in his steade as much as procurator or fyndicus in the ciuill lawe West parte 1. Symbolayogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandement or request do take heed fee to and take vpon them the charge of other mens busines in their absence by whome they are commaunded or requested And where it seemeth that in auncient time those of authoritie in Courts had it in their arbitriment whether they would suffer men to appeare or sue by any other then themselues as is euident by Fitz. nat br fol. 25. in the writ Dedimus potest atem de atturnato facundo where it is shewed that men were driuen to procure the kings writs or letters parents to appoint Atturneys for them it is sithence prouided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem stat 2. an 12. Ed. 2. 1. anno 15. eiusdem cap. vnico anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. anno 17. H. 7. cap. 2. is to be proued And you may see great diuersitie of writs in the table of the Regi origin wherein the king by his writ commaundeth the Iudges to admit of Atturneys Wherby there grew at the last so many vnskilfull Atturneys and so many mischiefes by them that prouision for restraining them was requisite Wherefore anno 4. H. 4. cap. 18. it was ordained that the Iustices should examine them and displace the vnskilfull And againe anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo 〈…〉 and Southfolke In what cases a man at this day may haue an Atturney and in what not see Fâ—â— vbisupra Atturney is either generall or speciall Atturney generall is he that by generall authoritie is appointed to all our affaires or suites as the Atturney generall of the king pl. cor fol. 152. which is as much as Procurater Caesaris was in the Romane Empire Atturney general of the Duke Cromptons Iurisd fol. 105. Atturney speciall or particular is he that is employed in one or more causes particularly specified Atturneys generall be made after two sorts either by the kings leters patents before him or
called the foote of the fine The Chirographer also or his debuty doth proclaime all the fines in the court euery tearme according to the Statute and then repayring to the office of the custos breuium there indorseth the proclamations vpō the backside of the foot thereof and alwaie keepeth the writ of couenant as also the note of the fine Chivage See Chevage Chivalrie servitium militare commeth of the French chevalier i. eques and signifieth in our common lawe a tenure of land by knights seruice For the better vnderstanding whereof it is to be knowne that there is noe land but is holden mediatly or immediatly of the Crowne by some seruice or other and therfore are all our free-houlds that are to vs and our heires called feuda feese as proceeding frō the benefit of the King for some small yearely rent and the performance of such seruices as originally were laid vpon the land at the donation thereof For as the king gaue to the great Nobles his immediat tenents large possessions for euer to hold of him for this or that rent and seruice so they againe in time parcelled out to such as they liked their lands so receiued of the kings bountie for rents and seruices as they thought good And these seruices are all by Litleton diuided into two sorts chivalry and socage The one is martiall and military the other clownish and rusticall Chivalrie therefore is a tenure or seruice whereby the tenent is bound to performe some noble or military office vnto his Lord and is of two sorts either regall that is such as may hold onely of the king or such as may also hold of a common person as well as of the king That which may hold onely of the King is properly called servitium or sergeantia and is againe diuided into grand or petit i. great or small Great commonly called grand sergeantie is that where one holdeth lands of the King by seruice which hee ought to doe in his own person vnto him as to beare the kings baner or his speare or to leade his hoast or to be his Marshall or to blow a horne when he seeth his enemies inuade the land or to find a man at armes to fight within the foure Sease or else to do it himselfe or to beare the kings sword before him at his coronation or at that day to be his sewer caruer butler or chamberlaine Litleton tit Sergeantie Petit Sergeantie is where a man holdeth land of the king to yeeld him yearely some small thing toward his warres as a sword dagger bowe knife speare paire of gloues of maile a paire of spurs or such like Litleton titulo petit Sergeanty Chivalry that may hould of a common person as well as of the king is called scutagium escuage that is seruice of the shield And this is either vncertaine or certaine Escuage vncertaine is likewise two-fold first where the tenent by his tenure is bounde to follow his lord going in person to the kings wars against his enemies either him selfe or to send a sufficient man in his place there to be maintained at his cost so many daies as were agreed vpon betweene the lord and his first tenent at the graunting of the see And the daies of such seruice seeme to haue bene rated by the quantity of the land so houlden as if it extend to a whole knights fee then the tenent was bounde thus to follow his lord fourty dayes And a knights fee was so much land as in those dayes was accoumpted a sufficient liuing for a knight and that was 680 acres as some opinion is or 800 as others thinke or 15 pounds per annum Camdens Brittan pa. 110. in meo S. Thomas Smyth sayeth that census equestris is 40. poundes reuenew in free lands If the law extend but to halfe a knights fee then the tenent is bounde to follow his lord as aboue is said but twenty dayes If to a fourth part then ten daies Fitzh nat br fo 83. C. 84. C. E. The other kinde of this escuage vncertaine is called castelward where the tenent by his land is bound either by him selfe or by some other to defend a castell as often as it shall come to his course Escuage certaine is where the tenent is set at a certaine summe of money to be paide in lieu of such vncertaine seruice as that a man shall yerely pay for a Knights Fee 20. shillings Stow annal pag. 238. for halfe a Knights Fee tenne shillings or some like rate And this seruice because it is drawne to a certaine rent groweth to be of a mixt nature not meerely socage for that it smelleth not of the plough and yet so cage in effect being now neither personall seruice nor vncertaine Litleton titulo Secage This tenure called chiualry hath other conditions annexed vnto it as homage fealty wardship reliefe and mariage Bracton li. 2. ca. 35. which what they signifie looke in their places Chilualry is either generall or especiall Dier fo 161. nu 47. Generall seemeth to be where only it is said in the feofment that the tenent houldeth per seruitium militare without any specification of sergeanty escuage c. Speciall that which is declared particularly what kinde of knights seruice he houldeth by Chorall choralis seemeth to be any that by vertue of any of the orders of Clergie was in auncient time admitted to sit and serue God in the Quier which in Latine is tearmed Chorus Chose res is the French word as generall as thing is with vs. It is in the common lawe vsed with diuers epithites worthie the interpretation as chose locall is such a thing as is annexed to a place For example a mill is chose locall Kitchin fol. 18. Chose transitorie in the same place seemeth to bee that thing which is moueable and may be taken away or caried from place to place Chose in action is a thing incorporeall and onely a right as an annuitie an obligation of debt a couenant or vowcher by warrantie Broke titulo Chose in action And it seemeth that chose in action may be also called chose in suspence because it hath no reall existence or being neither can be properly sayde to bee in our possession Broke ibid. Churchwardens Ecclesiarum gardiani be Officers yearely chosen by the consent of the Minister and parishioners according to the custome of euery seuerall place to looke to the church church-yard and such things as belong to both and to obserue the behauiours of their parishioners for such faults as appertaine to the iurisdiction or censure of the court ecclesiasticall These be a kind of corporation inabled by lawe to sue for any thing belonging to their church or poore of their parish See Lamberd in his pamphlet of the duty of Church-wardens Churchesset is a word that I find in Fleta lib. 1. cap. 47 in fine whereof he thus writeth Certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die
pr. cap. 18. which reade See Fine Common plees communia placita is the kings Court now held in Westminster hall but in auncient time moueable as appeareth by the statute called Magna charta cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his readings saith that vntill the time that Henry the third granted the great charter there were but two courts in all called the Kings courts whereof one was the Exchequer and the other the kings bench which was then called curia Domini regis and aula regia because it followed the court or king and that vpon the grant of that charter the court of common plees was erected and setled in one place certaine viz. at Westminster And because this court was setled at Westminster wheresoeuer the king lay thereupon M. Gwin vbi supra saith that after that all the writs ranne Quòd sit coram Iusticiariis meis apud Westmonasterium whereas before the partie was cōmanded by thē to appeare coram me vel Iusticiariis meis simply without addition of place as he well obserueth out of Glanvile and Bracton the one writing in Henry the seconds time before this court was erected the other in the later end of Henry the thirds time who erected this court All ciuill causes both reall and personall are or were in former times tryed in this court according to the strict lawe of the realme and by Fortescue cap. 50. it seemeth to haue bene the onely court for reall causes The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees accompanied with 3. or 4. assistants or associates which are created by leters patents from the king and as it were enstalled or placed vpon the bench by the Lord Chaunceler and lord chiefe Iustice of the court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the officers belonging to this court are these the custos breuium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerke of the warrants Clerke of the Iuries or iurata writs Clerke of the Treasurie Clerke of the kings siluer Clerke of the essoins Clerke of the outlawries Whose distinct functions looke in their places See Common bench Common day in plee of land an 13. R. 2. stat 1. cap. 17. signifieth an ordinarie day in the court as Octavis Michaelis quindena pascae c. as you may see in the statute made anno 51. H. 3. concerning generall dayes in the bench Common house of parlament is vsed for the nether house because the commōs of the realme that is the knights of the shires and burgeses possesse that house Crompton iurisd 9. Commotes seemeth to be compounded of the prepositiō con and mot i. dictio verbum and signifieth in Wales a part of a shire as a hundred anno 28. H. 8. ca. 3. It is written commoithes anno 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people as it seemeth of this or that hundred by welsh minstrels Common law comunis lex hath three diuers significatiōs which see in the author of new termes of law verbo Common law Communi custodia is a writ that lyeth for that lord whose tenent houlding by knights seruice dyeth and leaueth his eldest sonne vnder age against a straunger that entreth the land and obtaineth the ward of the body It may seeme to take the name from the common custom or right in this case which is that the lord haue the wardship of his tenent vntill his full age or because it is common for the recouery both of land and tenent as appeareth by the forme thereof Old nat br fo 89. See also the Register orig fo 161. a. Communi placito non tenendo in scaccario is a writ directed to the treasurer and barons of the exchequer forbidding them to hould plee betweene two common persons in that court neither of them belonging toward the said court Register orig fo 187. b. Companion of the garter is one of the knights of that most noble and honourable order anno 24. H. 8. ca. 13. See Garter Compromis compromissum is a mutuall promise of two or more parties at difference to referre the ending of their controuersies to the arbitriment and equitie of one or more arbitratours West defineth is thus parte 2. Symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence betweene persons at controuersie giuen to arbitratours by the parties mutuall priuate consent without publique authority Computo is a writ so called of the effect because it compelleth a baylife chamberlaine or receiuer to yeld his accoumpt Old nat br fo 58. It is founded vpon the statut of Westm 2. ca. 2. anno 13. Ed. i. which for your beter vnderstanding you may read And it lyeth also for executours of executours anno 15. Ed. 3. statut de prouis victuall ca. 5. Thirdly against the garden in socage for waste made in the minority of the heire Marlb ca. 17. And see farder in what other cases it lyeth Register orig fo 135. old nat br vbi supra Fitzh nat br fo 116. Concealers be such as finde out concealed lands that is such lands as priuily are kept from the king by common persons hauing nothing to shew for them anno 39. Eliza. ca. 22. They be so called a concelando as mons a mouendo per antiphrasin Concord concordia is in the common law by a peculiar signification defined to be the very agreement betweene parties that intend the leuying of a fine of lands one to the other how and in what maner the land shall passe For in the forme thereof many things are to be considered West parte 2. Symbol titulo Fines and concords sect 30. whome read at large Concord is also an agreement made vpon any trespas cōmitted betweene two or more and is diuided into a concord executory and a concord executed See Plowden casu Reniger Fogassa fo 5. 6. where it appeareth by some opinion that the one bindeth not as being imperfect the other absolute and tyeth the parties and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and doe noe lesse binde then agreements executed fo 8. b. Concubinage concubinatus is an exception against her that sieweth for her dower whereby it is alleadged that shee was not a wife lawefully maried to the party in whose lands shee seeketh to be endowed but his concubine Britton ca. 107. Bract. li. 4. tract 6. ca. 8. Condition conditio is a rate maner or lawe annexed to mens acts staying or suspending the same and making them vncertaine whether they shall take effect or no West parte 1. symb li. 2. Sect. 156. In a lease there may be two sorts of conditions condition collaterall or condition annexed to
his lords court For the steward as he inrolleth and maketh remembrances of all other things done in the lords court so he doth also of such tenents as be admitted in the court to any parcell of land or tenement belonging to the maner and the transcript of this is called the court rowle the copie whereof the tenent taketh from him and keepeth as his onely euidence Coke li. 4. fo 25. b. This tenure is called a base tenure because it houldeth at the wil of the lord Kitchin fo 80. chap copihoulds Fitzh nat br fo 12. B. C. who there saieth that it was wont to be called tenure in villenage and that this copihould is but a new name Yet is it not simply at the will of the lord but according to the custome of the maner So that if a copiehoulder breake not the custome of the maner and thereby forfeit his tenure he seemeth not so much to stand at the lords courtesie for his right that he may be displaced hand ouer head at his pleasure These customes of maner be infinit varying in one point or other almost in euery seuerall maner First some copiehould is fineable and some certaine that which is fineable the lord rateth at what fine or incom he pleaseth when the tenent is admmitted vnto it that which is certaine is a kinde of inheritance and called in many places custumary because the tenent dying and the hould being void the next of the blood paying the custumarie fine as two shillngs for an acre or such like may not be denied his admission Secondly some copihoulders haue by custome the wood growing vpon their owne land which by law they could not haue Kitchin vbisupra Thirdly copi-holders some be such as hold by the verge in ancient demesn although they hold by copy yet are they in accompt a kind of Free-holders For if such a one commit felonie the king hath annum diem vastum as in case of Freehold Some other hold by common tenure called meere copy hold and they committing felonie their land escheateth to the Lord of the maner foorthwith Kitchin fol. 81. chap. Tenents per verge in auncient demesn What auncient demesn is see in the right place See Tenent by copie of court rolle This is the land that in the Saxons time was called Folk land Lamberd explicat of Saxon words verbo Terra ex scripto West parte prim symbol lib. 2. Sect. 646. defineth a copi-holder thus Tenent by copie of court rolle is he which is admitted tenent of any lands or tenements within a maner that time out of the memory of man by vse and custome of the said maner haue bene dimisable and dimised to such as will take the same in fee in fee-taile for life yeares or at will according to the custome of the said maner by copie of courtrolle of the same maner where you may read more of these things Coraage coraagium is a kinde of imposition extraordinarie growing vpon some vnusuall occasion and it seemeth to be of certaine measures of corne For corus tritici is a certaine measure of corne Bracton libro 2. ca. 16. nu 6. who in the same chapter nu 8. hath of this mater these words Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cùm necessitas interuenerit vel cùm rex venerit sicut sunt hidagia coraagia caruagia alia plura de necessitate ex consensu communitotius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentē suū acquietare nisi se adhoc specialiter obligauerit in charta sua c. Cordiner commeth of the French cordoüannier i. sutor calcearius a shoomaker and is so vsed in diuers statutes as anno 3. H. 8. ca. 10 anno 5. eiusdem ca. 7. and others Cornage cornagium commeth of the French cor i. cornu and in our common law signifieth a kinde of grand sergeantie the seruice of which tenure is to blow a horne when any invasion of the northern enemie is perceiued And by this many men hold their land northward about the wall commonly called the Picts walle Camd. Britan p. 609. hence commeth the word cornuare to blow a horn pupil oculi parte 5. ca. 22. in charta de Foresta This seruice seemeth to haue proceeded from the Romanes For I finde cornicularios mentioned in the ciuile lawe viz. li. 1. Cod. de officio diuerso Iud. 48. lege 3. lib. 12. titulo de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius libro 3. de verbo significat saith thus of them hi militum quoddam genus fuere qui corniculo merebant vnde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horne was an honour reward giuen for seruice in war Corner tile See Gutter tile Corodye corodium commeth of the Latine verb corrodo and signifieth in our common lawe a summe of mony or allowance of meate and drinke due to the king from an abbey or other house of religion whereof he is the founder toward the reasonable sustenāce of such a one of his seruants being put to his pension as he thinketh good to bestowe it on And the difference betweene a corodie and a pension seemeth to be that a corodie is allowed toward the maintenance of any the kings seruants that liueth in the abbey a pension is giuen to one of the kings chaplaines for his better maintenance in the kings seruice vntill he may be prouided of a benefice Of both these read Fitzh nat br fo 230. 231. 233. who there setteth downe all the corodies and pensions certaine that any abbey when they stoode was bound to performe vnto the king There is mention also of a corodie in Stawnf praerogatiue fo 44. And this seemeth to be awncient lawe For in Westm 2. ca. 25. it is ordeined that an assise shall lie for a corodie It is also apparent by the statute anno 34. 35. H. 8. ca. 16. that corodies belonged some time to Bishops from monasteries by the new termes of lawe that a corodie may be due to a common person by graunt from one to another or of common right to him that is founder of a religious house not holden in frank almoyn For that tenure was a discharge of all corodies in it selfe By which booke it appeareth also that a corodie is either certaine or vncertaine and that it may be for life yeares in taile or in fee. Corodio habendo is a writ whereby to exact a corodie of any abbey or religious house See Corodie See the Register originall fo 264. Coronatore eligendo is a writte which after the death or discharge of any coroner is directed to the shyreeue out of the Chācery to call togither the free
set there seuerall seales See the rest where at the last he sheweth the cause of the name viz for that consisting of more partes eche parte is indented or cut one of them into the other that by the cut it may appeare they belonge to one busines or contract A deede poll or polled he describeth thus Sect. 46. Q. A polled deede is a deede testifying that onely the one of the parties to the bargaine hath put his seale thereunto after the maner there by him described which reade for your beter vnderstanding See the newe Tearmes of lawe verbo Fait where he sheweth that each deed consisteth of 3. points writing sealing and deliuerie Deere Hayse anno 19. H. 7. cap. 11. seemeth to be an Engine of cords to catch Deere De essendo quieium de relovio is a writ that lyeth for them which are by priuiledge freed from the payment of tolle which reade at large in Fitzh nat br fol. 226. Defalt defalta commeth from the French Defaut and is an offence in omitting that which we ought to doe West part 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole tractats lib. 5. tractat 3. By whome it appeareth that a default is most notoriously taken for non appearance in court at a day assigned Of this you may reade also in Fleta lib. 6. cap. 14. Defeisance defeisantia commeth of the French Desfaire or Deffaire i. infectum reddere quod factumest and signifieth in our common lawe nothing but a condition annexed to an act as to an obligation a recognizance or statute which performed by the obligee or recognizee the act is disabled and made voide as if it neuer had bene done whereof you may see West at large part 1. symb li. 2. sect 156. Defendant defendens is he that is siewed in an action personall as tenent is he which is siewed in an action reall Tearmes of the lawe Defendemus is an ordinarie word in a feofment or donation and hath this force that it bindeth the donour and his heyres to defend the Donee if any man goe about to laye anie seruitude vpon the thing giuen other then is contained in the donation Bract. lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the faith defensor fides is a peculiar title giuen to the King of England by the Pope as Catholicus to the king of Spaine and Christianissimus to the French king It was first giuen by Leo decimus to king Henry the 8. for writing against Martin Luther in the behalfe of the Church of Rome then accounted Domicilium fidei Caholicae Stowes annals pag. 863. Deforsour Deforciator commeth of the french For ceur i. expugnator It is vsed in our common law for one that ouercommeth and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton ca. 53. next because a man may deforce another that neuer was in possession as for example if more haue right to lands as commō heires and one entring keepeth out the rest the law saith that he deforceth them though he doe not disseise them Old nat br fol 118. and Litleton in his chapter Discontinuance fol. 117. faith that he which is infeoffed by the tenent in taile and put in possession by keeping out the heire of him in reuersion being dead doth deforce him though he did not disseise him because he entred when the tenent in taile was liuing and the heire had noe present right And a deforsour differreth from an Intrudour because a man is made an Intrudour by a wrongfull entry only into land or tenement voide of a possessour Bracton li 4 ca pri and a deforsour is also by houlding out the right heire as is abouesaide Deliuerance See Repligiare Demaund Demanda vel Demandum commeth of the french Demande i. postulatio postulatus and signifieth a calling vpon a man for anything due It hath likewise a proper signification with the common lawyers opposite to plaint For the pursiute of all ciuill actions are either demaunds or plaints and the persyewer is called demaundant or plaintife Viz Demandaundant in actions reall and plaintife in personall And where the party persiewing is called demaundāt there the party persiewed is called tenent where plaintife there defendant See terms of law verbo Demaundant Demy haque See Haque and Haquebut Demaine Dominicum is a french word otherwise written Domaine and signifieth Patrimonium domini as Hotoman saith in verbis feudalibus verbo Dominicum where by diuers authorities he proueth those lands to be dominicum which a man holdeth originally of himselfe and those to be feodum which he holdeth by the benefite of a superiour Lord. And I find in the ciuill law Rem dominicam for that which is proper to the Emperour Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoueatur being the 38. title of the 7. booke And res dominici iuris i. reipub in the same place And by the word Domanium or Demanium are properly signified the kings lands in Fraunce appertaining to him in propertie Quia Domanium definitur illud quod nominatim consecratum est vnitum incorporatum Regiae coronae vt scripsit Chopinus de domanio Franciae tit 2. per legem Siquando 3. Cod. de bon vacan lib. 10. Mathaeus de Afflict is in constit Siciliae li. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus sisci redacta Skene de verborum signif verb. Terrae Dominicales In like maner doe we vse it in England howbeit we here haue no land the Crowne land onely excepted which holdeth not of a superior For all dependeth either mediatly or immediately of the Crowne that is of some honour or other belonging to the Crowne and not graunted in fee to any inferior person Wherefore no common person hath any demaynes simply vnderstood For when a man in pleading would signifie his land to be his owne he saith that he is or was seised thereof in his demaine as of fee. Litleton li. 1. cap. 1. Whereby he signifieth that though his land be to him and his heyres for euer yet it is not true demaine but depending vpon a superior Lord and holding by seruice or rent in liewe of seruice or by both seruice and rent Yet I find these words vsed in the kings right anno 37. H. 8. cap. 16. and 39. Eliz. cap. 22. But the application of this speech to the king and crowne land is crept in by errour and ignorance of the word Fee or at least by vnderstanding it otherwise then of the Feudists it is taken But Britton cap. 78. sheweth that this word Demeyne is diuersly taken sometime more largely as of lands or tenements held for life c. and sometime more strictly as for such onely as are generally held in fee. This word somtime is vsed for
a distinction between those lands that the Lord of a maner hath in his owne hands or in the hands of his leasec dimised vpon a rent for tearme of yeares or life and such other laÌ„d appertaining to the said maner which belongeth to free or copy-houlders Howbeit the copyhold belonging to any maner is also in the opinioÌ„ of many good lawyers accounted Demeines Bracton in his fourth booke tract 3. ca. 9. nu 5. hath these words Item dominicum accipitur multipliciter Est auteÌ„ dominicum quod quis habet admensam suam propriè sicut sunt Bordlands anglie Item dicitur dominicum villenagium quod traditur villanis quod quis tempestiuè intempestiue resumere possit pro voluntate sua reuocare Of this Fleta likewise thus writeth Dominicum est multiplex Est autem Dominicum propriè terra admensam assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiuè pro voluntate domini poterit reuocari sicut est de terra commissa tenenda quam diu commissori placuerit poterit dici Dominicum de quo quis habet liberum tenementum alius vsumfructum etiam vbiquis habet liberum tenementum alius curam sicut de custode dicipoter it curatore vnde vnus dicitur a iure alius quoque ab homine Dominicum etiam dicitur ad differentiam eius quod tenetur in seruitio Dominicum est omne illud tenementum de quo antecessor obiit seisitus vt de feudo nec refert cum vsufructu vel sine de quo si eiect us esset si viueret recuperare posset per assissam nomine disseisina licet alius haberet vsum fructum sicut dici poterit de illis qui tenent in villenagio qui vtuntur fruuntur non nomine proprio sed nomine Domini sui Fleta l. 5. c 5. § DominicuÌ„ auteÌ„ And the reasoÌ„ why copyhold is accouÌ„ted Demeanes is because they that be tenents vnto it are iudged in law to haue nor other right but at the will of the lord Soe that it is reputed still after a sort to be in the Lords hands And yet in common speach that is called ordinarily Demeanes which is neither free nor copy It is farder to be noted that Demaine is sometime vsed in a more speciall signification and is opposite to Franck fee. For example those lands which were in the possession of King Edward the confessor are called auncient Demaine all others be called Franck fee. Kitchin fol 98. and the tenents which hould any of those lands be called tenents in auncient demaine the others tenents in franck fee. Kitchin vbi supra And also tenents at the common lawe West parte 2. Simbol titulo Fines Sect 25. The reason is because tenents in auncient Demaine cannot be syewed out of the Lords court Tearmes of the Lawe verbo Auncient Demaine And the tenents in auncieÌ„t demaine though they hould all by the verge and haue none other euideÌ„ce but copy of court rolle yet they are saide to haue free hould Kitchin fol. 81. See Awncient demaine Demayne cart of an Abbot seemeth to bee that cart which the Abbot vseth vpon his owe Demaine Anno. 6. H. 3. cap. 21. Demurrer Demorare commeth of the French Demeurer i. manere in aliquo loco vel morari It signifieth in our common lawe a kinde of pawse vpon a pointe of difficultie in any action and is vsed substantiuely For in euery action the controversie consisteth either in the fact or in the lawe if in the fact that is tried by the Iurie if in lawe then is the case plaine to the Iudge or so hard and rare as it breedeth iust doubt I call that plaine to the Iudge wherein hee is assured of the lawe though perhaps the partie and his councell yeeld not vnto it And in such the Iudge with his Assessors proceedeth to Iudgement without farder worke but when it is doubtfull to him and his Associates then is there stay made and a time taken either for the court to thinke farder vpon it and to agree if they can or els for all the IuÌ„stices to meete together in the Chequer chamber and vpon hearing of that which the sergeants shall say of both partes to advise and set downe what is lawe And whatsoeuer they conclude standeth firme without farder remedie Smith de Repub. Angliae lib. 2. cap. 13. West calleth it a Demurrer in chauncery likewise when there is question made whether a parties answer to a bille of complaint c. be defectiue or not and thereof reference made to any of the bench for the examination therof report to bee made to the court parte 2. symb tit Chauncery sect 29. Denariata terrae See Farding deale of land Denizen commeth of the French Donaison i. Donatio and signifieth in our common lawe an Alein that is infraÌ„chised here in England by the Princes charter an dinabled almost in all respects to doe as the kings natiue subiects doe namely to purchas and to possesse lands to be capable of any office or dignitie Yet it is saide to be short of naturalisâ—â—ion because a straunger naturalised may inherit lands by descent which a man made onely a denizen cannot And againe in the charter whereby a man is made denizen there is commonly conteined some one claufe or other that abridgeth him of that full benefite which naturall subiects doe inioy And when a man is thus infránchised he is saide to bee vnder the kings protection or esse ad fidem Regis Angliae before which time he can inioy nothing in England Bracton lib. 5. tractat 5. cap. 25. nu 3. Nay hee and his goods might bee seised to the kings vse Horn in his mirrour of Iustices li. 1. ca. de la Venue de franc plege Deodand Deodandum is a thing giuen or forseited as it were to God for the pacification of his wrath in a case of misaduenture whereby any Christian soule commeth to a violent ende without the fault of any reasonable creature For example if a horse should strike his keeper and so kille him if a man in dryuing a cart and seeking to redresse any thing about it should so fall as the cart wheele running ouer him should presse him to death if one should be felling of a tree and giuing warning to one coÌ„ming by wheÌ„ the tree were neere falling to looke to themselues and any of them should bee slaine neuerthelesse by the fall of the tree In the first of these cases the horse in the second the cart wheele carte and horses and in the third the tree is to be giuen to God that is to be sold and distributed to the poore for an expiation of this dreadfull euent though effected by vnreasonable yea sensles dead creatures Stawnf pl. cor lib. 1. ca. 2. whereof also read Bracton lib. 3. tractat 2. cap. 5. and Britton cap. 7. and West parte 2.
some time for the place or circuit within the which the king or other Lord hath escheates of his tenents Bracton li. 3. tract 2. cap. 2. pupilla oculi parte 5. ca. 22. Escheate thirdly is vsed for a writ which lieth where the tenent hauing estate of see simple in any lands or tenements holden of a superiour lord dieth seised without heire generall or especiall For in this case the Lord bringeth this writ against him that possesseth these lands after the death of his tenent and shall thereby recouer the same in liew of his seruices Fitzh nat br fol. 144. These that we call Escheats are in the kingdome of Naples called Excadentiae or bona excadentialia as Baro locat excadentias eo modo quo locatae fuerūt ab antiquo it a quod in nullo debit a servitia minuantur non remittit gallinam debitam Iacobutius de Franchis in praeludiis ad feudorum vsum tit 1. nu 29. nu 23. v. Maranta singularia verbo Excadentia And in the same signification as we say the fee is escheated the Feudists vse feudum aperitur li. 1. feud titulo 18. § 2. ti 15. ti 26. § 4. Escheatour Escaetor commeth of Escheate and signifieth an officer that obserueth the Escheates of the king in the countie whereof he is Escheatour and certifieth them into the Eschequer This officer is appointed by the L. treasurer and by leters patents from him and continueth in his office but one yeare neither can any be Escheatour aboue once in 3. yeares anno 1. H. 8. cap. 8. anno 3. eiusd ca. 2. See more of this officer and his authoritie in Cromptons Iustice of peace See an 29. Ed. 1. The forme of the Escheatours oath see in the Register original fol. 201. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a record Officium escaetriae is the escheatourship Register orig fo 259. b. Escuage Scutagiū commeth of the French Escu i. clypeus a bucler or sneild In our common lawe it signifieth a kinde of knights seruice called seruice of the shield whereby the tenent holding is bound to follow his Lord into the Scottish or Welsh warres at his owne charge for the which see Chyvalrie But note that Escuage is either vncertaine or certaine Escuage vncertaine is properly Escuage and knights seruice being subiect to homage fealtie ward and mariage so called because it is vncertaine how often a man shal be called to followe his lord into those wars and againe what his charge wil be in each iourney Escuage certaine is that which yearely payeth a certaine rent in lieu of all seruices being no further bound then to pay his rent called a knights fee or halfe a knights fee or the fourth part of a knights fee according to his land this leeseth the nature of knights seruice though it hold the name of Escuage being in in effect Soccage Fitzh nat br fol. 84. C. Esnecy Aesnecia is a prerogatiue giuen to the eldest coparcener to choose first after the inheritance is diuided Fleta li. 5. ca. 10. § in diuisionem Esplees Expletia seeme to be the full profits that the ground or land yeldeth as the hay of the medowes the feede of the pasture the corne of the earable the rents seruices and such like issues Ingham It seemeth to proceede from the latine expleo The profits comprised vnder this word the Romans call properly accessiones Nam accessionum nomine intelligūtur ea generaliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt l. 2. Π. De in diem adiectio li. 50. Π. Ad Trebel l. 61. § hiis etiam Π. de furt See the new Terms of law Esquier Armiger is in leters little altered from the french Escuier i. scutiger It signifieth with vs a gentleman or one that beareth armes as a testimony of his nobilitie or gentrie S. Thomas Smith is of opinion that at the first these were bearers of armes to Lords and Knights and by that had their name and dignity Indeede the french word is sometime translated Agaso that is a boy to attend or keepe a horse and in ould English writers it is vsed for a lackey or one that carieth the shield or speare of a knight Mast Camden in his Britannia pag 111. hath these words of them hauing spoken of Knights Hiis proximi fuere Armigers qui scutiseri hominesque ad arma dicti qui vel a clypeis gentilitiis qua in nobilitatis insignia gestant vel quia principibus matoribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo vnicuique militi seruiebant galeam clypeumque gestabant c. Hotoman in the sixth chapter of his disputatiōs vpon the feods saith that these which the French men call Escuiers were a militarie kinde of vassall haueing ius scuti which is as much to say he there interpreteth him selfe as that they bare a shield and in it the ensignes of their family in token of their gentility or dignity Essendi quietum de telonio is a writ that lieth for Citizens or burgesses of any city or towne that haue a charter or prescription to exempt them from tolle through the whole realme if it chaunce they be any where exacted the same Fitzh nat br fol. 226. Register fol. 258. Essoine Essonium commeth of the French Essoniè or exonniè i. causarius miles he that hath his presence forborne or excused vpon any iust cause as sicknesse or other incumbrance It signifieth in our common lawe an alledgement of an excuse for him that is summoned or sought for to appeare and answer to an action reall or to performe suite to a court baron vpon iust cause of absence It is as much as excusatio with the Ciuilians The causes that serue to Essoine any man summoned be diuers infinite yet drawne to fiue heads whereof the first is vltra mare the second de terra sancta the third de malo vemendi which is also called the common Essoine the fourth is de malo lecti the fifth de seruitio Regis For further knowledge of these I referre you to Glanvile in his whole first booke and Bracton li. 5. tractat 2. per totum and Brittan ca. 122. 123. 124. 125. and to Horns mirrour of Iustices li. 1. ca. des Essoinis who maketh mention of some more Essoines touching the seruice of the king celestiall then the rest doe and of some other points not vnworthie to be knowne Of these essoines you may reade farder in Fleta l. 6. c. 8. seqq that these came to vs frō the Normans is well shewed by the Grand Custumarie where you may find in a maner all said that our lawyers haue of this mater cap. 39. 40. 41. 42. 43. 44.
i. hospitio excipere It signifieth with vs an officer of the princes court that allotteth the noble men and those of the household their lodgings It signifieth also in Kitchin an Inkeeper fol. 176. Hereditaments hereditamenta seeme to signifie all such things immoueable be they corporeall or incorporeall as a man may haue to himselfe and his heires by way of inheritance v. anno 32. H. 8. ca. 2. or not being otherwise bequeathed doe naturally and of course descend to him which is our next heire of blood and fall not within the compas of an executour or administratour as chatels doe Heriot See Hariot Hide of land Hida terrae Saxonicè Hidelandes is a certaine measure or quantitie of land by some mens opinion that may be plowed with one plowe in a yeare as the author of the newe Termes saith verbo Hidage by other men it is an hundred acres By Beda who calleth it familiā it is as much as will maintaine a familie Crompton in his Iurisdict fol. 220. saith that it consisteth of an hundred acres euery acre in length 40. perches and in breadth 4. perches everie perch 16. foote and a halfe and againe fol. 222. A hide of land conteineth an hundred acres 8. hides or 800. acres conteine a knights fee. Of this reade more in M. Lamberds Explica of Saxon wordes verbo Hyda terrae See Carue Hide and gaine old nat br fol. 71. Coke lib. 4. Tirringhams case signifieth carable land See Gainage Hidage Hidagium is an extraordinarie taxe to be paide for euery hide of land Bracton li. 2. c. 6. writeth thus of it Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta quae ad Dominum feudi non pertinent c. of this reade the new expounder of lawe termes who saith that hidage is to be quit if the king shall taxe all the lands by hides and yet also graunteth it to be the taxe it selfe saying that it was wont to be an vsuall kind of taxing as well for prouision of armour as payments of money Hinefare See Heinfare Hidel i. H. 7. ca. 6. seeemeth to signifie a place of protection as a Sanctuarie Hierlome See Heirlome Hine seemeth to be vsed for a Seruant at husbandrie and the master hine a seruant that ouerseeth the rest anno 12. R. 2. ca. quarto Hoblers Hobellarii are certaine men that by their tenure are tyed to maintaine a little light nagge for the certifiing of any inuasion made by enemies or such like perill toward the Sea side as Porchmouth c. of these you shall reade anno 18. Ed. 3. stat 2. cap. 7. anno 25. eiusdem stat 5. ca. 8. Hoghenhine is he that commeth guestwise to a house and lieth there the third night After which time he is accounted of his familie in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. cap. 10. In the lawes of King Edward set forth by M. Lamberd he is called agenhine wheare you may reade more of this mater Hithe Hitha is a petit hauen to land wares out of vessels or boates new booke of Entrise fol. 3. colum 3. Hoggeshead is a measure of wine or oyle containing the fourth parte of a tunne that is 63. gallons anno i. R. 3. ca. 13. Hoistings See Hustings Homage Homagium is a french word signifiing fidem clientularem for in the originall grants of land and tenements by way of fee the lord did not onely tie his tenents or feed men to certaine seruices but also tooke a submission with promis and oathe to be true and loyall to him as there lord benefactour This submission was and is called homage the forme wherof you haue in the second statute anni 17. Ed 2. in these words when a free man shall doe homage to his Lord of whome he holdeth in chiefe he shall hold his hands together betweene the hands of his lord and shall say thus I become your man from this day forthe for life for member for wordly honour and shall owe you my faith for the land I hold of you sauing the faith that I doe owe vnto our Soueraigne Lord the king and to mine other Lords And in this maner the Lord of the fee for which homage is due taketh homage of euery tenent as he commeth to the land or fee. Glanvile lib. 9. ca. 1. except they be women who performe not homage but by their husbands yet see Fitzherbert that saith the contrary in his natura br fol. 157. F. Reade Glanuile more at large in the said first chapter with the second third fourth The reason of this M. Skene giueth de verbo significatione verbo Homagium viz. because Homage especially concerneth seruice in warre He saith also that consecrated Bishops doe no homage but onely fidelitie the reason may be all one And yet I find in the Register orig fol. 296. a. that a woman taking liuerie of lands holden by knights seruice must doe homage but not being ioyntly infeoffed for then shee doth only fealtie And see Glanuile in the ende of the first chapter of his nineth booke touching Bishops consecrated whome he denieth to performe homage to the king for their Baronie but onely fealty Fulbeck reconeileth this fol. 20. a. in these words By our lawe a religious man may doe homage but may not say to his Lord. Egodevenio homo vester because he hath professed himselfe to be onely Gods man but he may say I doe vnto you homage and to you shall be faithfull loyall See of this Britton cap. 68. Homage is either new with the fee or auncestrell that is wheare a man and his auncesters time out of minde haue held their lands by homage to their Lord whereby the Lord is tied to warrant the land vnto his tenent newe Termes of the lawe This homage is vsed in other countries as well as ours was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene diuideth it into liegium non liegium de verb. signifi verbo Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime vsed for the Iurie in the Courte Baron Smith de Repub. Anglo lib. 2. cap. 27. The reason is because it consisteth most commonly of such as owe homage vnto the Lord of the fee. And these of the Feudists are called pares curiae sive ourtis siue domus sic dicuntur enim conuassalli siue compares qui ab eodem patrono feudum receperunt vel qui in eodom territorio feudum habent Hotoman Of this homage you may read in the 29. c. of the Grand Custumarie of Normandie where you shall vnderstand of other
facere Atturnatos generales f. 21. Literae procuratoriae fol. 205. 306. Literae Regia deprecatoriae pro annua pensione fol. 307. All these you may see in their places vnderstand the meaning of them as occasion shall require Liverie Liberatura is drawne from the French â—â—vree i. insigne gestamen Centuriale discrimen nota centurialis turmalis or els from livrer i. tradere and accordingly hath 3. significations In one it is vsed for a suite of cloth or other stuffe that a gentleman giueth in coates cloakes hats or gownes with cognisaunce or without to his seruants or followers anno 1. Rich. 2. cap. 7. anno 20. eiusdem cap. 1. 〈◊〉 anno 7. H. 4. ca. 14. anno 8. Ed. 4. ca. 2. anno 7. eiusdem ca. 14. anno 13. eiusdem ca. 3. a. 8. H. 6. ca. 4. anno 8. Ed. 4. ca. 3. anno 3. H. 7. ca. 1. 12. anno 11. eiusdem ca. 3. anno 19. eiusdem cap. 14. In the other signification it betokeneth a deliuery of possession vnto those tenents which hould of the king in capite or in knights seruice for the king by his prerogatiue hath primier seysini or the first possession of all lands and tenements so houlden of him anno 52. H. 3. cap. 16. an 17. Ed. 2. cap. 3. that is when any such tenent dyeth the king foorthwith entreth and holdeth it vntill the heire do his homage and so pray his land to be deliuered vnto him Which act in the king is called Liuerie and liuerie in this signification is either generall or speciall Stawn praerog fol. 12. cap. 3. Liuerie generall seemeth to be that which is made in general words and therefore may easily be missued Liuerie speciall is that which containeth in it a pardon of ouersights committed by the tenent in siewing out his liuerie by which pardon the missuing is dispensed with Stawnf pag. 67 cap. Trauers 20. See the Institutes and grounds of the common lawe cap. 30. of generall and speciall liueries Liuerie in the third signification is the writte which lyeth for the heire to obtaine the possession or seisin of his lands at the kings handes which see in Fitz. nat br fol. 155. Liuerie of seisin deliberatio seisinae is a deliuerie of possession of land or tenement or other things corporeall for of things incorporeall no liuerie of seisin may be vnto one that hath right or a probabilitie of right vnto them For as Bracton saith Traditio debet esse vestita non nuda sc quòd traditione praecedat vera causa vel putatiua qua transeat Dominicum lib. 2. cap. 18. num 3. West parte prim symbol li. 2. sect 196. calleth this a ceremonie in the common lawe vsed in the conueyance of lands or tenements c. where you may see the vsuall forme hereof particularly set downe whereunto ioyne the new exposition of law tearmes Lieutenent See Lieftenent Lieutenent of the tower seemeth to haue bene an officer vnder the Constable anno Henr. 4. cap. 15. Locus partitus signifieth a diuision made betweene 2. townes or counties to make triall in whether the land or place in question lieth Fleta lib. 4. cap. 15. num 1. Locall localis signifieth in our common lawe as much as tyed or annexed to a place certaine Example the thing is locall and annexed to the Free-hold Kitchin fol. 180. and againe in the same place An action of trespasse for battery c. is transitorie and not locall that is not needfull that the place of the batterie should bee set downe as materiall in the declaration or if it be set downe that the defendant should trauerse the place set downe by saying he did not commit the batterie in the place mentioned in the declaration and so auoide the action And againe fol. 230. the place is not locall that is not materiall to be set down in certaintie And the gard of the person and of the landes differeth in this because the person being transitorie the lord may haue his rauishment de garde before he be seised of him but not of the land because it is locall Perkins Graunts 30. Lobbe is a great kinde of north sea fish anno 31. Ed. 3. stat 3. cap. 2. Lodemanage is the hire of a Pilot for conducting of a ship from one place to another Loichfish as Lob. Ling. Cod. anno 31. Ed. 3. stat 3. cap. 2. Lode works is one of the works belonging to the Stannaries in Cornwall for the which reade M. Camdens Britan in his title of Cornwal pa. 119. See Streme work Lollards Lollards were in accompt and reputation of those times Heretiks that abounded heere in England in the daies of Edward the third and Henry the fifth anno 2. H. 5. cap. 7. whereof Weekleife was the cheife as Stowe saith in his Annalls pag. 425. who by his report went barefooted and baslely clothed to wit in base russet garments downe to the heeles they preached and especially against Monks and other religious men Of these reade more in him and others that writ of those times The name Lindwood deriueth a lolio quia sicut lolium inficit segetes sic Lollardi multociens inficiunt fideles simplices inter quos conuersantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his chronicle deduceth the name from one Gualter Lolhard a German as the first author of that sect liuing about the yeare of our redemption 1315. Lord Dominus by M. Camdens opinion is a contract of Lafford which is the Danish word for Dominus It is a word of honour with vs and is vsed diuersly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parlament Sometime to those that be so called by the courtesie of England as all the sonnes of a Duke or the eldest sonne of an Earle Sometime to men honorable by office as lord chiefe Iustice c. and sometime to a meane man that hath fee and so consequently the homage of tenents within his maner For by his tenents he is called Lord and by none other and in some places for distinction sake he is called Landlord It is vsed neuerthelesse by the Writers of the common lawe most vsually in this signification And so is it diuided into lord aboue and lord mesn lord mesn is he that is owner of a maner and by vertue thereof hath tenents holding of him in fee and by copy of court rolle and yet holdeth himselfe ouer of a superiour Lord who is called lord aboue or lord Paramount old nat br fol. 79. Although I thinke none simply to be accounted lord Paramount but the Prince because all hold either mediately or immediatly of him and he of none In this signification I likewise reade Very lord and Very tenent eod fol. 42. Broke titulo Heriot num 1. where I thinke very lord is he which is immediate Lord to his tenent and him
to be very tenent to that Lord of whom he immediately holdeth So that if there be lord aboue lord mesn and tenent the lord aboue is not very lord to the tenent nor the tenent very tenent to the lord aboue Lord in grosse Fitz. nat br fol. 3. is he that is lord hauing noe maner as the king in respect of his crown idem f. 5. F. See him also fol. 8. A. B. where I finde a case wherein a priuate man is lord in grosse viz. a man maketh a gift in tayle of all the land hee hath to hold of him and dyeth his heire hath but a Seignorie in grosse Lorimers anno 1. R. 3. cap. 12. is one of the companies in London tha makeht bits for bridles of horses and such like The name seemeth to be taken from the latine lorum and is else where writen Lorinors Lotherwit aliâs Leyerwit is a libertie or priueledge to take amends of him that defileth your bondwoman without licence Rastall exposition of words It is an amends for lying with abondwoman Saxon in his description of England cap. 11. Some thinke it should be rather writen Legerwit For Leger is the Saxon word for a bedde or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit Lusernes See Furre Lushoborow is a base coine vsed in the daies of King Ed. the 3. coined beyōd Seas to the likenes of English money and brought in to deceiue the King and his subiects To auoide the which it was made treason for any man wittingly to bring in any such an 25. Ed. 3. stat 4. cap. secundo M MAcegriefs aliâs Macegrefs be such as willingly buie and sell stolen slesh Britton cap. 29. fo 71. b. Cromptons Iustice of peace fo 193. a. Magna assisa eligenda is a writ directed to the Shyreeue to summon foure lawful knights before the Iustices of Assise there vpon their oathes to chuse 12. knights of the vicenage c. to passe vpon the great assise betweene A. plaintife and B. defendant c. Register originall fol. 8. a. Magna Charta called in English the great charter is a charter conteining a number of lawes ordained the ninth yeare of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna charta was either for that it conteined the summe of all the writen lawes in England or else that there was another Charter called the Charter of the Forest established with it which in quantitie was the lesser of the two I reade in Holinshed that King Iohn to appease his Barons yelded to lawes or articles of gouernment much like to this great Charter but wee nowe haue noe auncienter writen lawe then this which was thought to be so beneficall to the sublect and a lawe of so great equitie in comparison of those which were formerly in vse that K. Henry the third was thought but hardly to yeld vnto it and that to haue the fifteenth peny of all the moueable goods both of the spiritualtie and temporaltie throughout his realme Holinshed in Henry the third And though this Charter consist not of aboue 37. chapters or lawes yet is it of such extent as all the lawe wee haue is thought in some sort to depend of it Polydorus and Holinshed vbi supra Mahim Mahemium commeth of the old French Mehaigne as M. Skene saith de verbo signif verbo Machanium and signifieth a corporal hurt whereby a man looseth the vse of any member that is or might bee any defence vnto him in batel The Canonists call it membrimatilationem as the eye the hand the foote the scalpe of the head his foretooth or as some say of any finger of his hand Glanuile lib. 14. ca. 7. See Bracton at large lib. 3. tracta 2. cap. 24. nu 3. and Britton cap. 25. and Stawnf pl. cor lib. pri ca. 41. and the newe exposition of law Termes and the Mirrour of Iustices cap. d'homicid The grand Custumarie of Normandie cap. 6. calleth it Mahaignium and defineth it to be enormem laesionem All agree that it is the losse of a member or the vse thereof And membrum as Cassan de consuetu Burgund pag. 168. defineth it out of Baldus est pars corporis habens destinatam operationem in corpore where you may reade more of this point But if you will see it largely discussed look Vgolinus de irregularitatibus ca. 4. § 3. 4. 5. also read M. Skene vbi supra Mainour aliâs Manour aliâs Meinoure seemeth to come of the French Manier i. manu tractare attrectare or els of Ameuer i. abducere It signifieth in our common lawe the thing that a theefe taketh away or stealeth as to be taken with the mainor pl. cor fol. 179. is to be taken with the thing stolen about him and againe fol. 194. It was presented that a theefe was deliuered to the Vicount together with the Mainor thirdly fol. 186. If a man be indited that he feloniously stole the goods of another where in truth they bee his owne goods and the goods bee brought into the court as the manour and it be demaunded of him what hee saith to the goods and he disclaime them though he be quitted of the felonie he shall loose the goods and againe fol. 149. if the defendant were taken with the manour and the manour bee caried to the court they in auncient times would arraine him vpon the manour without any appeale or inditement I find this word vsed in the old nat br fol. 110. in this sort where a man maketh a thing by mainour or leuying or estopping in such case he shall haue Assise where it signifieth handie labour and is but an abbreviation of Mainovrey Mainovre see Minouerye Mainprise Manucaptio is compounded of two French words Main i. manus prins i. captus which is a participle of the verbe prendre i. capere excipere captare It signifieth in our common lawe the taking or receiuing a man into friendly custody that otherwise is or might bee committed to the mercie of the prison vpon securitie giuen for his forth comming at a day assigned as to let one to mainprise old nat br fol. 42. is to commit him to them that vndertake his apparence at the time appointed And they that do thus vndertake for any are called Mainpernouns because they do receiue him into their hands pl. cor fol. 178. Of this sort is the word Mainpernable which signifieth him that hath committed such an offence as by law he may be thus bayled For in many cases a man is not mainpernable whereof see Broke titulo Mainprise per totum and Fitz. nat br fol. 249. seqq M. Manwood in the first part of his Forest lawes pag. 167. maketh a great difference betweene Bayle and Mainprise For he that is mainprised quoth he is alwayes said to be at large and to goe at his owne libertie out of ward after the day is set to mainprise vntill the
day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme any thing but the body of a man and that mainpernours be those that free the body of a man And that pledges therefore belong properly to reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur â—i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmeÌ„t which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secoÌ„d such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth
his auncienter Lord by prioritie and of his later Lord by posterioritie Stawn praerog fol. 10. 11. when one tenent holdeth of two Lords of the one by prioritie of the other by posterioritie c. old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifieth the buying of lands or tenements with money or other agreement and not the obtaining of it by title or discent Coniunctum perquisitum Ioynt pourchase Regist originall fol. 143. b. Pour faire proclaimer que nul eniect fimes ou ordures en fosses euriuers pres cities c. is a writ directed to the Maior Shyreeue or Bayliffe of a citie or towne coÌ„manding them to proolaime that none cast filth into the ditches or places neare adioyning and if any be cast alreadie to remoue it This is founded vpon the statut anno 12. Rich. 2. cap. 13. Fitzherb nat br fol. 176. Pourparty propars propartis vel propartia is contrarie to pro indiuiso For to make pourparty is to diuide and seuer the landes that fall to Parceners which before partition they hold ioyntly and pro indiuiso old nat br fol. 11. Pourpresture pourprestura vel perprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanuile lib. 9. cap. 11. Pourprestura est propriè quando aliquid super Dominum Regem iniustè occupatur Vt in Dominicis Regis vel in viis publicis abstructis vel in aquis publicis transuersis à recto cursu vel quando aliquis in ciuitate super Regiam plateam aliquid adificando occupauerit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel ciuitatis Crompton in his Iurisd fol. 152. defineth it thus Pourpresture is properly when a man taketh vnto himself or incrocheth any thing that he ought not whether it be in any Iurisdiction land or fraunchis and generally when any thing is done to the Nusance of the kings tenents Et idem eodem fol. 203. saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his Forest lawes pag. 169. parte 2. cap. 10. per totum See Skene de verbor signif verb. Purpresture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a neighbour by a neighbour lying neare him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King seiseth vpon the land which the wife of his Tenent that held in capite disceased hath for her Dowrie if shee marry without his leaue and is grounded vpon the statute of the Kings prerogatiue cap. 3. see Fitzh fol. 174. Poursuyuant commeth of the French poursuiure i. agere agitare persequi It signifieth the Messenger of the king attending vpon him in warres or at the counsell table the Starre Chamber Exchequer or commission court to be sent vpon any occasion or message as for the apprehension of a party accused or suspected of any offence committed Those that be vsed in marshall causes be called Poursw 〈…〉 t s at armes anno 24. Hen. 8. cap. 13. whereof there be foure in number of especial names which see in Herald And M. Stowe speaking of Richard the third his end pag. 784. hath these words For his bodie was naked to the skinne notso much as one cloute about him and was trussed behinde a Pursuyuant at armes like a hogge or a calfe c. The rest are vsed vpon other messages in time of peace and especially in maters touching iurisdiction See Herald Pourueyour prouison commeth of the French pour 〈…〉 i. prouidere prospicere It signifieth an Officer of the King Queene or other great personage that prouideth corne and other victuall for the house of him whose Officer he is See magna charta cap. 22. 3. Ed. prim cap. 7. cap. 31. anno 28. eiusdem Articuli super chartas 2. and many other statutes gathered by Rastal vnder this title Powldauis anno 1. Iacob ca. â—4 Power of the countie posse c 〈…〉 tatus by M. Lamberds opinion in his Eirenar lib. 3. cap. 1. fol. 309. containeth the ayde and attendance of all Knights gentlemen yeomen labourers seruants apprentises and villaines and likewise of Wardes and of other young men aboue the age of fifteene yeeres within the countie because all of that age are bound to haue harnesse by the statute of Winchester But women ecclesiasticall persons and such as be decrepit or do labour of any continuall infirmitie shall not be compelled to attend For the statute 2. H. 5. cap. 8. which also worketh vpon the same ground saith that persons sufficient to trauell shall be assistant in this seruice Pounde parcus seemeth to signifie generally any inclosure of strength to keepe in beasts but especially with vs is signifieth a place of strength to restraine catell being distrained or put in for any trespas done by them vntill they be repleuied or redeemed And in this signification it is called a pound ouert or open pound being builded vpon the wast of some Lord within his fee and is called the Lords pownd For he provideth it to his vse and the vse of his tenents See Kitchin fol. 144. It is diuided into pound open and pound close pound open or ouert is not onely the Lordes pownd but a backside court yarde pasture or else what soeuer whether the owner of any beasts impounded may come to giue them meate and drinke without offence for their being there or his comming thither pound close is then the contrary viz. such a one as the owner cannot come vnto to the purpose aforesaide without offence as some close house or such like place Powndage is a Subsidie granted to the King of all maner of merchandies of euery merchant denizen and alien caried out of this realme or brought into the same by way of Merchandize to the valew of twelue pence in eeuery pound anno 12. Ed. 6. cap. 13. anno 31. Eliz. cap. 5. anno 1. Iacobi cap. 33. Pray age See Age prier Pray in ayd See Ayd Prebend praebenda is the portion which euery member or Canon of a Cathedrall church receiueth in the right of his place for his maintenance And though vse haue wrought the latine word into the nature of a Substantiue yet I thinke it originally to be an Adiectiue or participle and to haue bene ioyned with pars or portio as Canonica portio which is in a maner all one in signification How be it Canonica portio is properly vsed for that share which euery Canon or Prebendary receiueth yearely out of the common stocke of the Church and praebenda is a seuerall benefice rising from some temporall land or church appropriated toward the maintenance of a Clerke or member of a Collegiat Church and is commonly surnamed of the place whence the profit groweth And Prebends
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
Bartolus in his Tractate De insigniis armis vseth these very wordes prioritas and posterioritas concerning two that beare one coate armor Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno I. H. 8. cap. 5. is a word almost out of vse now called Butlerage it is a custome wherby the prince chalengeth out of euery barke loaden with wine containing lesse then forty tunne two tunne of wine at his price Prise prisa commeth of the French prendre i. capere it signifieth in our Statutes the things taken by pourveyours of the Kings subiects As anno 3. Ed. 1. cap. 7. anno 28. eiusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25. eiusdem cap. 5. Regist origin fol. 117. b. Prisoner priso commeth of the French prisonnier and signifieth a man restrained of his libertie vpon any action ciuill or criminall or vpon commaundement And a man may be prisoner vpon matter of Record or mater of fact prisonervpon mater of Record is he which being present in court is by the court committed to prison only vpon an arrest be it of the Shyrecue Censtable or other Stawnf pl. cor lib. prim cap. 32. fol. 34. 35. Prinie commeth of the French priuè i. familiaris and significth in our common lawe him that is partaker or hath an interest in any action or thing as priuies of bloud old nat br fol. 117. be those that be linked in consanguinitie Eucry heire in tayle is priuy to recouer the land intayled eodem fol. 137. No priuitie was betweene me and the tenent Litleton fol. 106. If I deliuer goods to a man to be caried to such a place and he after he hath brought them thither doth steale them it is felenie because the priuitie of deliuerie is determined as soone as they are brought thither Stawn pl. cor lib. prim cap. 15. fol. 25. Merchants priuie be opposite to merchant straungers anno 2. Ed. tertii cap. 9. cap. 14. ann eiusdem stat 2. cap. 3. The newe Expositour of lawe termes maketh diuers sorts of priuics as priuies in estate priuies in deed priuics in lawe priuies in right and priuies in bloud And see the examples he giueth of euery of them See Perkins Conditions 831. 832. 833. and Sir Edward Cooke lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh foure kindes of priuies viz. priuies in bloud as the heire to his fathes c. priuies in representation as executours or administratours to the deceased priuies in estate as he in the reuersion and he in the remainder when land is giueÌ„ to one for life and to another in see the rcason is giuen by the Expositour of lawe termes for that their estates are created both at one time The fourth sort of priuies are priuies in tenure as the Lord by escheate that is when the land escheateth to the Lord for want of heires c. Priuie seale priuatum sigillum is a scale that the King vseth some time for a warrant whereby things passed the priuy signet and brought to it are sent farder to be confirmed by the great seale of England sometime for the strength or credit of other things written vpon occasions more transitory and of lesse continuance then those be that passe the great seale Priuiledge priuilegium is defined by Cicero in his oration pro domo sua to be lex priuata homini â—â—ogata Frerotus in paratitlis ad titulum decretalium de priuilegiis thus defineth it priuilegium est ius singulare hoc est priuata lex quae vni homini vel loco vel Collegio similibus aliis concedit ur cap. priuilegia distinct 3. priua enim veteres dixere que nos singula dicimus Insit Agellius lib. 10. ca. 20. Ideoque priuilegia modò beneficia modò personales constitutiones dicuntur c. It is vsed so likewise in our common law and sometime for the place that hath any speciall immunity Kitchin fol. 118. in the words where depters make sained gifts and feofements of their land and goods to their freinds and others and betake themselues to priuiledges c. Priuiledge is either personall or reall a personall priuiledge is that which is graunted to any person either against or beside the course of the common law as for example a person called to be one of the Parlament may not be arrcsted either himselfe or any of his attendance during the time of the Parlament A priuiledge reall is that which is graunted to a place as to the Vniuersities that none of either may be called to Westm hall vpon any contract made within their owne precincts And one toward the court of Chauncery cannot originally be called to any court but to the Chauncery certaine cases excepted If he be he will remoue it by a writ of Priuiledge grounded vpon the statute anno 18. Ed. 3. See the new booke of Entries verbo Priuilege Probat of testaments probatio testamentorum is the producting and insinuating of dead mens wils before the ecclesiasticall Iudge Ordinary of the place where the party dyeth And the ordinary in this case is knowne by the quantity of the goods that the party deceased hath out of the Dioces where he departed For if all his goods be in the same Dioces then the Bishop of the Dioces or the Archdeacon according as their composition or prescription is hath the probate of the Testament if the goods be dispersed in diuers Dioces so that there be any summe of note as fiue pounds ordinarily out of the Dioces where the party let his life then is the Archbishop of Canterbury the ordinary in this case by his prerogatiue For whereas in ould time the will was to be proued in cuery Dioces wherein the party diceased had any goods it was thought conuenient both to the subiect and to the Archiepiscopall See to make one proofe for all before him who was and is of all the generall Ordinary of his prouince But there may be aunciently some composition betweene the Archebishop and an inferiour ordinary whereby the summe that maketh the prerogatiue is abouc fiue pound See praerogatiue of the Archbishop This probate is made in two sorts either in common forme or pertestes The proofe in common forme is onely by the oath of the exceutour or party exhibiting the will who sweareth vpon his credulity that the will by him exhibited is the last will and testament of the party deceised The proofe per testes is when ouer and beside his oath he also produceth witnesses or maketh other proofe to confirme the same and that in the presence of such as may pretend any interest in the goods of the deceased or at the least in their absence after they haue beene lawfully summoned to see such a will proued
Scutagium aut servitium regale licet ad vnum obulum vel seriantiam illud poterit dici feudum militare This free Soccage is also called common Socage anno 37. H. 8. cap. 20. Soccage in base tenure or villanum Soccagium is diuided againe in villanum Soccagium purum villenagium Villanum Soccagium est illud de quo fit certum seruitium idque ratione sui tenemēti non personae suae Purum villenagium est illud in quo praestatur seruitium incertum indeterminatum vbi sciri non poterit vespere quale seruitium fieri debet mane viz. vbi quis facere tenetur quicquid ei praeceptum fuerit Bracton lib. 2. cap. 8. num 3. The old nat br fol. 94. maketh three parts of this diuision viz. Soccage of free tenure Soccage of auncient tenure and soccage of base tenure soccage of free tenure is as the booke saith where a man holdeth by free seruice of 12. pence by yeare for all maner of seruices or by other seruices yearely Soccage of auncient tenure is of land of auncient Demesn where no writ originall shall be siewed but the writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hould in Soccage and may haue none other writ but the Monstraverunt and such Sockmen hould not by certaine Seruice And for that are they not free Sockmen Then againe Soccage is diuided into soccage in cheife and common soccage Soccage in cheife or in capite is that which holdeth of the King as of his Crowne Praerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or maner Ibidem Burgage is also a kinde of Soccage See Burgage Sockmans Sockmanni are such tenents as hould their lands and tenements by Soccage tenure And accordingly as you haue 3. kinds of Soccage soe be there 3. sorts of sockmans as sockmans of frank tenure Kitchin fol. 81. sockmans of anncient Demesn ould nat br fol. 11. and Sockmans of base tenure Kitchin vbi supra But the tenents in auncient Demesn seeme most properly to be called Sockmans Fitzh na br f. 14. B. Brit. c. 66. n. 2. Soke anno 32. H. 8. cap. 15. cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus lib. 1. cap. 47. § Soke See Roger Houeden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Register originall fol. 1. a. Sokereue seemeth to be the Lords rent gatherer in the Soke or Soken Fleta lib. 2. cap. 55. in principio Sole tenent Solus tenens is he or shee which holdeth onely in his or her owne right without any other ioyned For example if a man and his wife hould land for their liues the remainder to their son here the man dying the Lord shall not haue Heriot because he dieth not sole tenent Kitchin fol. 134. Solicitour Solicitator commeth of the French Soliciteur It signifieth in our commō law a man imploied to folow suites depending in law for the beter remembrance and more case of Atturnies who commonly are so full of clients and busines that they cannot so often attend the seriants and counsellers as the case may require Solet Debet See Debet solet Solidata terrae see Farding deale of land Sollace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our common law as much as vocatio in ius or citatio among the Ciuilians And thence is our word somner which in French is semonneur i. vocator monitor The Custumary of Normandie for our sommons hath semonse ca. 61. summons of the Exchequer anno 3. Ed. pri ca. 19. anno 10. eiusdem cap. 9. How summons is diuided and what circumstances it hath to be obserued See Fleta lib. 6. cap. 6. 7. Solutione feodi militis Parlamenti and solutione feodi Burgen Parlamenti be writs whereby Knights of the Parlament may recouer their allowance if it be denyed anno 35. H. 8. ca. 11. Sontage Stow. pag. 284. is a taske of fourty shillings laid vpon euery Knights fee. Sorting Kerseies 3. Iacobi ca 16. Sothale is a kinde of intertainment made by Bayliffes to those of their Hundreds for their gaine Which sometime is called Filctale Of this Bracton lib. 3. tracta 2. cap. pri hath these words De Balliuis quifaciunt ceruisias suas quas quandoque vocant sothale quandoque Filctale vt pecunias extorque ant ab eis qui sequntur Hundreda sua Baliuas sitas c. I thinke this should rather be written Scotale See Scotale Southvicont Subvicecomes is the vnder Shyreeue Cromptone Iurisdict fol 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their art signifiing so much as to be leuiable or possible to be gathered or collected For example estreats that sowne not are such as the Shyreeue by his industry cannot get and estreats that sowne are such as he can gather anno 4. H. 5. ca. 2. Speaker of the Parlament is an officer in that high Court that is as it were the common mouth of the rest and as that honourable assembly consisteth of two houses one called the higher or vpper house consisting of the King the nobility and Kings councell especially appointed for the same the other termed the lower or commonhouse containing the Knights of the Shires the citizens barons of the cinque ports and the burgeses of borough townes so be there also two speakers one termed the Lord speaker of the higher house who is most commonly the Lord Chaunceler of England or Lord Keeper of the great seale the other is called the speaker of the lower house And the duties of these two you haue perticularly described in M. Vowels aliâs Hookers booke intituled The order and vsage of keeping the Parlament Speciall mater in euidence See Generall issue And Brooke titulo Generall issue and speciall euidence Spiritualties of a Bishop spiritualia Episcopi be those profits which he receiueth as he is a Bishop and not as he is a Baron of the Parlament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefite growing from ordering and instituting Priests prestation money that subsidium charitatiuum which vppon reasonable cause he may require of his Clergie Iohannes Gregorius de Beneficiis cap. 6. num 9. and the Benefite of his Iurisdiction Ioachimus Stephanus de Iurisd lib. 4. cap. 14. num 14. for these reckoneth exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem subsidium charitatiuum celebrationem synodi collationem viatici vel commeatus cùm Episcopus Romam proficiscitur ius hospitii Litaniam Processionem Spikenard spica nardi vel nardus is a medicinall herbe whereof you may for your farder instruction
Idem eodem Tenent vpon sufferance Idem fol. 165. Tenent of state of inheritance Stawnf praerog fol. 6. Sometime they containe a relation toward the Lord of whom he houldeth as Tenent in cheife i. he that houldeth of the King in the right of his crowne Fitz. nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honour eodem Very tenent i. he that houldeth immediately of his Lord. Kitchin fol. 99. For if there be Lord Mesn and Tenent the Tenent is very Tenent to the mesn but not to the Lord aboue Tenent parauaile pl. cor fo 197. Fitzh nat br fol. 136. D. is the lowest tenent and fardest distant from the Lord Paramont It seemeth to be tenent per auaile See Diers commentaries fol. 25. nu 156. Noe tenent in right to the Lord but Tenent as for the avowrie to be made Litleton fol. 96. Sometime they haue a relation betweene Tenents and Tenents in seuerall kindes as ioynt tenents i. they that haue equall right in lands and tenements and all by vertue of one title Litleton li. 3. ca. 3. Tenents in common be they that haue equall right but hold by diuers titles as one or more by gift or descent and others by purchase Idem eod cap. 4. Particular tenent Stawnf praerog fol. 13. that is he which holdeth onely for his terme as tenent in dower tenent by the courtesie or otherwise for life West parte 2. symbol titulo Fines sect 13. G. See anno 32. H. 8. ca. 31. and Cooke in Sir William Pellams case lib. 5. fol. 15. a. they be termours for yeares or life See Plowden casu Colthirst fol. 23. b. Sole tenent Kitchin 134. i. he that hath none other ioyned with him If a man and his wife hold for both their liues and the man dyeth he dieth not sole tenent Idem eodem Seuerall tenent is opposite to ioynt tenents or tenents in common See Seuerall tenencie Tenent al praecipe is he against whom the writ Fraecipe is to be brought Cookes Reports lib. 3. the case of fines fol. 88. a. Tenent in demesn anno 13. Ed. 1. cap. 9. anno 32. H. 8. cap. 37. is he that holdeth the demeanes of a maner for a rent without seruice Tenent in feruice an 20. Ed. 1. stat pri is he that holdeth by seruice v. Britton cap. 79. in principie ca. 96. Car fealte c. vel quaere whether he may be termed tenent in demesne that holdeth some of the Demeanes howsoeuer and he tenent in seruice which is a freehoulder to a maner houlding by seruice for the free houlds of a manner are not accounted of the demesne but onely that which the Lord keepeth in his owne hand or letteth out by copie according to the custome of the maner Tenent by execution an 32. Henr. 8. cap. 5. is he that holdeth land by vertue of an exeution vpon any statute recognisance c. Tendeheved decanus vel caput decem familiarum of this see Roger Hoveden parte poster suorum annalium fol. 346. a. See Frank pledge Tenement Tenementum is diuersly vsed in the common lawe Most properly it signifieth a house or home stall but in a larger signification it is taken for either house or land that a man holdeth of another And ioyned with the adiectiue Frank in our lawyers French it conteineth generally lands or houses yea or offices wherein we haue estate for terme of life or in fee. And in this signification Kitchin fol. 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton vse it through his whole 27. chapter as also Bracton doeth the latine liberum tenentum lib. pri cap. 5. 6. and many other places Tenentibus in assisa non onerandis c. is a writ that lieth for him to whome a disseisour hath alienated the land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour haue wherewith to satisfie them him selfe Register orig fol. 214. b. Tenths Decimae is that yearely portion or tribute which all liuings ecclesiasticall doe yeeld to the king For though the Bishop of Rome doe originally pretend right vnto this revenewe by example of the high preist among the Iewes who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem yet Iread in our Chronicles that these were often graunted to the King by the Pope vpon diuers occasions sometime for one yeare sometime for more vntill by the statute anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown See Disms It signifieth also a taske leuied of the temporalty Holinshed H. 2. f. 111. Tenore indictamenti mittendo is a writ whereby the Record of an indictment and the proces thereupon is called out of another court into the chauncerie Register orig fol. 169. a. Tenure Tenura commeth of the Norman Teneure as appeareth by the Grand Custumarie cap. 28. where it is defined to this effect Tenure is the maner whereby tenements are houlden of their Lords What may make a tenure and what not see Perkins Reseruations 70. And in that chapter shall you finde the most of those tenures recited that be now vsually in England In Scotland I finde that there be foure maner of tenures which they call halding of land the first is pura eleemozina which is proper to spirituall men paying nothing for it but deuot a animarum suffragia the second they call Few or few ferme which houldeth of the King Church Barons or others paying a certaine duty called Feudi firma The third is a hould in Blench as they terme it by payment of a peny rose paire of guilt spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by seruice of ward and relieue where the heire being minor is in the gard or custody of his Lord togither with his lands c. And land houlden in this fourth maner is called there feudum de Hauberk or Haubert or feudum militare or feudum Hauberticum or feudum loricatum because it is giuen vpon condition that the vassall possessor therof shall come to the host with a lack or Haubert which is a coate of maile M. Skene de verb significa verbo Haubert Tenure in grosse is the Tenure in Capite For the Crowne is called a Seignory in grosse because it consisteth as a corporation of and by it selfe not tyed to any honour or maner See Cromptons Iurisd fol 206. See the new booke of Entries verbo Tenure Term Terminus signifieth with vs commonly the bounds and limitation of time as a lease for terme of life or terme of yeares Bracton lib. 2. cap. 6. nu 4. But most notoriously it is vsed for that time wherein the Tribunals or places of Iudgement are open to all that list to complaime of wrong or to seeke their right by course of law or
assignatos suos eorum haeredes omnes alios secundum quod supradictum est si fortè tenementum datum petatur ab antiquo in Dominico Per hoc autem quòd dicit acquiet abimus obligat se haeredes suos ad acquietandum si quis plus petierit seruitis vel aliud seruitium quam in charta donationis continetur per hoc autem quòd dicit Defendemus obligat se haeredes suos ad Defendendum si quis velit seruitutem ponere rei datae contra formam suae donationis c. But the new expounder of law terms saith that this warranty beginneth two waies one by deede of law as if one and his auncesters haue held land of another and his auncesters time out of minde byhomage which is called Homage auncestrell for in this case the homage cōtinually performed by the tenent is sufficient to bind the Lord to warrant his estate The other is by deede of the party which by deede or fine tyeth himselfe to warrant the land or tenement to the tenent And Sir Ed Cooke in the fourth booke of his reports mentioneth the same distinction Nokes case fo 81. a. calling the one a warranty in law the other an expresse warranty Ciuilians would call these species tacitam expressam Warranty as the said author of the terms of law saith is in two maners warranty lineall and warranty collaterall But Litleton saith vbi supra it is threefold warranty lineall warranty collaterall and warranty that beginneth by disseisin Warranty by disseisin what it is is partly declared in Sir Ed. Cookes reports li. 3. Fermors case fol. 78. a. Whether of them deuideth more aptly let the learned iudge For my part I thinke that lineall and collaterall be no essentiall disserences of warranty as it is originally considered in the first warranter For he bindeth himselfe and his heires in generall And such be bound be they lineall or collaterall vnto him Therefore this diuision riseth rather from the euent of the originall warranty videlicet because it so falleth out that the tenent to whom the warranty was made or his heires when he or they be called into question for the land warranted formerly by the first feoffour is driuen by the meanes of the first warranters death to cal or vouch him to waranty that is his heire and now presently liuing be he descending or collaterall as it falleth out For example A. infeoffeth B. in twenty acres land with clause of warranty against all men So long as A. himselfe liueth he is liable to this couenant and none els after his discease his heire is subiect vnto it be he his sonne brother vncle or what els And whether of these or neither of these it will be none knoweth vntill he be dead Wherefore I conclude that this distinction of lineall or collaterall hath no vse originally in this contract For as the author of the terms of law saith the burden of this warranty after the death of the first warranter falleth vpon him vpon whom the land should haue descended if the warranty had not bene made And that is the next of blood to the warranter be he in the defcending or collaterall line And therefore I resolue that this distinction groweth from an euent after the death of him that couenanteth to warrant But to make this plaine I finde warranty to be vsed equiuocally signifiing in one sort the contract or couenant of warranty first made as appeareth by Bracton in the place formerly noted and in another sort the very effect and performance of this contract either by the warranter or his heires when he or they be by the tenent thereunto vouched or called As also I shew out of Bracton lib. 5. tract 4. ca. pri nu 2. in these words Imprimis videndum est quid sit warrantizatio Et sciendum quod warrantizare nihil aliud est quà m defendere acquietare tenentem qui warrantum vocabit in seisina sua c. With whom agreeth Fleta saying that warrantiz are nihil aliud est quam possidentem defendere li. 5. ca. 15. § 1. lib. 6. ca. 23. quod lege per totum And the former diuision of lineall and collaterall warranty rather belongeth to warranty in this second signification then the former And that this way it is imperfect or at the least obscure I thinke it not hard to declare First to shew this I note out of Bracton who may be called to warrantie And he lib. 5. tractat 4. cap. pri num 5. saith thus Videndum est quis vocari possit ad warrantum sciendum quod tam masculus quam foemina tam minor quà m maior dum tamen si minor vocetur remane at placitum de warantia in suspenso vsque ad aetatem nisi causa fuerit ita fauorabilis quòd aetas expectari non debeat sicut ex causa Dotis Item non solum vocandus est ad warantum ille qui dedit vel venddit verùm etiam vocandi sunt eorum haeredes descendentes in infinitum propter verba in Chartis contenta Ego haeredes mei warantizabimus tali haeredibus suis c. Et in quo casu tenentur haeredes warantizare sive sint propinqui sive remoti remotiores vel remotissimi Et quod de haeredibus dicitur idem dici poterit de assignatis de illis qui sunt loco illorum haeredū sicut sunt capitales Domini qui tenentibus suis quasi succedunt vel propter aliquem defectum vel propter aliquod delictum sicut de eschaetis Dominorum By which words we perceiue that the burden of this warrantie is not tyed to heires only be they in the descending or collaterall line but that vnder this word Haeredes are comprised all such as the first warranters lands afterward come vnto either by discent or otherwise ex causa lucratiua So that if a man haue 20 children yet if he will and may giue his land to a straūger leauing his childrē no land that straunger in this case is his assigne is conteined vnder this word heire So if he commit felonie after such warrantie covenanted and forfeit his lands to his Lord by escheate the Lord is quasi haeres in this case and lyable to the warrantie formerly passed And in these two later cases warranty in the secōd signification seemeth to be neither lineall nor collaterall at the least as Litleton and the other author haue defined or by examples expressed them But yet let vs define these two species as they be wherefore lineall warranty is that which he is called vnto by the tenent vpon whome the land warranted had descended if the warranty had not beene couenanted For example A selleth to B. 20. acres land with clause of warranty and afterward dieth leauing issue C. soone after B. is impleaded for this land by D. and voucheth C. This is called a lineall warranty because but for it the land had descended
the French word I am driuen to thinke that our auncient Lawyers would signifie hereby a kind of hope or longing expectance because that those things that be in abeyance though for the present they be in no man yet they are in hope and expectation belonging to him that is next to enioy them For I find also in the French that vn bayard is avidus spectator a greedy beholder I cannot in mine owne opinion better compare this then to that which the Civilians call haereditatem iacentem For as Bracton saith lib. 1. cap. 12. nu 10. Haereditas iacens nullius est in bonis ante aditionem Sed fallit in hoc quia sustinet vicem personae defuncti vel quia speratur futura haereditas eius qui adibit So that as the Civilians say goods and lands do iacere whilest they want a possessor and yet not simply because they had lately one and may shortly haue another so the common Lawyers do say that things in like estate are in abeyance Reade farther of this in the new tearmes of lawe and in Plowdens reports casu VValsingham fol. 554. a. Abet Abettare may without absurditie be said to proceed frō the French bouter i. ponere apponere impellere propellere It signifieth in our common law as much as to encourage or set on The substantiue abetment abettum is vsed for an encouraging or setting on Stawnf pl. cor fol. 105. And also abettour for him that encourageth or setteth on Old nat br fol. 21. But both verbe and noune is alway vsed in the euill part Abishersing according to Rastall in his Abridgement titulo Exposition of law words is to be quit of amerciaments before whom soeuer of transgression The author of the new tearmes calleth it otherwise Mishersing and saith it is to be quit of amerciaments before whom soeuer of transgression proued I am of opinion that the word originally signifieth a forfeiture or an amerciament and that it is much transformed in the writing by misprision and ignorance of Clerkes thinking it very probable that it proceedeth from the Germane verbe Beschetzen which is as much as fisco addicere vel confiscare It seemeth by the former authors to be tearmed a freedome or libertie because he that hath this word in any charter or grant hath not onely the forfeitures and amerciaments of all others within his fee for transgressions but also is himself free from all such controule of any within that compasse Abiuration Abiuratio signifieth in our common law asworne banishment or an oath taken to forsake the realme for euer For as Stawnford pl. cord li. 2. cap. 40. saith out of Polydore Virgils eleuenth booke of Chronicles the deuotion toward the Church first in S. Edward a Saxon king and so consequently in al the rest vntil anno 22. H. 8. was so earnest that if a man hauing committed felonie could recouer a church or church yard before he were apprehended he might not be thence drawne to the vsuall trial of lawe but confessing his fault to the Iustices at their comming or to the Coroner before them or him giue his oath finally to forsake the realme Of this you may reade a touch anno 7. Hen. 7. cap. 7. But the forme and effect of this you may haue in the old abridgement of Statutes titulo Abiuration nu 3. taken out of the auncient Tractate intituled De officiis coronatorum as also in Cromptons Tractate of the office of the Coroner fol. 206. b. and in the new booke of entries verbo Abiuration and in Andrew Horus myrror of Iustices lib. 1. cap. del office del coroner This part of our lawe was in some sort practised by the Saxons as appeareth by the lawes of king Edward set out by M. Lamberd nu 10. but more directly by the Normans as is euident by the grand customarie cap. 24. where you haue these words in effect He that flyeth to a Church or holy place may stay there for eight dayes And at the ninth day he must be demaunded whether he will yeeld himselfe to secular iustice or hold him to the Church For if he will he may yeeld himselfe to the lay Court if he will cleaue to the Church he shall forsweare the countrie before the Knights and other people of credit which may witnesse the act if need require The forme of the oath is likewise there set downe with the rest of the proceeding in this matter very agreable with ours This mercie as well of the Saxōs as Normans deriued vnto vs something resembleth that of the Romaine Emperors toward such as fled to the Church lib. 1. Co. titulo 12. or to the images of themselues eodem titulo 25. And also that of Moses touching the cities of refuge Exod. cap. 21. vers 13. Numb cap. 35. vers 6. 11 12. Deut. 19. vers 2. Ios 20. vers 2. But as it was in our auncestors dayes larger by great oddes in this realme so had it lesse reason as it may appeare to all that will compare them Of all circumstances belonging to this abiuration you may farther reade the new tearmes of lawe Stawnford vbi supra and such others But this grew at the last vpon good reason to be but a perpetual confining of the offender to some Sanctuarie wherein vpon abiuration of his liberty and free habitations he would chuse to spend his life as appeareth anno 22. Hen. 8. cap. 14. And this benefite also by other statutes is at the last wholly taken away So that abiuration at this day hath place but in few cases and if it be inflicted vpon any it is not a confining to a Sanctuarie for there be no Sanctuaries remaining amongst vs but a sworne banishment out of the Kings dominions This the Civilians call exilium or deportationem lib. 28. Digest titulo 22. de interdictis relegatis deportatis Abridge Abbreniare cōmeth of the French abreger and in one generall language signifieth as much as to make shorter in words holding still the whole substance But in the common lawe it seemeth at the least for the most part to be more particularly vsed for making a declaration or count shorter by subtracting or seuering some of the substance therein comprised As for example a man is said to abridge his plaint in an Assise or a woman her demaund in an action of dower that hath put into the plee or demand any land not in the tenure of the tenant or defendant and finding that by his answer razeth those parcels out of the plee praying answer to the rest So that here abridger is not contrahere but rather subtrahere Termes of the lawe Broke titulo Abridgement and anno 21. Hen. 8. cap. 3. Of this the Civilians haue no vse by reason of certaine cautelous clauses they ordinarily haue at the end of euery position or article of their libell or declaration to this effect Et ponit coniunctim divisim de quolibet de tali tanta quantitate vel summa qualis
man against another that vpon any cause possesseth or occupieth the thing required or siewed for in his owne name and none other mans and in this onely respect that he possesseth or occupieth the thing and none other Bract. ibid. nu 3. and his reason is this quia habet rem vel possidet quam restituere potest vel dominum nominare This definition reason he farther exēplifieth in the words there following which he that wil may reade at large Action mixt is that which lyeth aswell against or for the thing which we seeke as against the person that hath it and is called mixt because it hath a mixt respect both to the thing the person Bract. lib. 3. cap. 3. nu 5. For example the diuision of an inheritance betweene coheyres or copartners called in the ciuill lawe actio familiae exciscunde secondly the diuision of any particular thing being common to more called likewise actio de communi dividundo this kind of action saith Bracton doth seeme to be mixt because it lyeth as well against thing as the person and indeed so do other excellent Civilians as Cuiacius and Wesenbecius in their Paratitles Π. finium regund And though Iustinian in his first diuision omitteth the third member yet afterward in the same title § 20. he saith as these men do viz. that there be certaine actions naming these and other of like nature that seeme to haue a mixture c. Of this you may also reade Britton at large in his chapter 71. And this diuision of action springeth frō the obiect or matter wherabout it consisteth Wesenb parat 〈◊〉 de actio obliga The author of the new tearmes of law defineth a mixt action to be a suite giuen by the lawe to recouer the thing demaunded and also the dammages for wrong done as in Assise of nouel disseysin the which writ if the diffeisour make a feofment to another the disseiseur shall haue remedie against the disseisour and the feoffer or other land tenant to recouer not onely the land but the dammages also See the rest These words occasion me to shew that actio is by the ciuill lawe called mixta in two respects Nam quaedam mistae sunt quòd in se actionis in rem actionis personalis natur am habeant in iis actor reus vterque sit l. actionis verbo § fina Π. de obliga actio Tales sunt actio familiae ercise communi diuidun finium regun quaedam verò mistae sunt quòd remsimul poenam persequantur vt in actione vi bonorum rapt legis Aquiliae ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta soluere distulerunt And of this later sort is the example that the said author bringeth of a mixt action Action is also by the Civilians divided of the efficient cause in civilem praetoriam Whereof the one riseth out of the common civil lawe the other from some edict of the Pretour Who being cheife Iusticer had authoritie for his yeare to supply the defects of the general law by his especial edicts And a division not vnlike this may be made in the common law of England one growing from the auncient qustomary law the other from some statute Broke tit Action sur le statut Action of the finall cause is divided into civil poenal mixt Cooke vol. 6. fo 61. a. Action civile is that which tendeth onely to the recouerie of that which by reason of any contract or other like cause is due vnto vs as if a man by action seeke to recouer a summe of money formerly lent c. Action penall is that aimeth at some penaltie or punishment in the partie sued be it corporall or pecuniarie As in the action legis Aquiliae in the civile lawe whereby in our common lawe the next frends of a man feloniously slaine or wounded shall persue the law against the murderer or him that wounded him to condigne punishment Bract. li. 3. ca. 4. Action mixt is that which seeketh both the thing whereof we are depriued and a penaltie also for the vniust deteyning of the same as in an action of tithe vpon the statute anno 2. 3. Ed. 6. ca. 13. Action is also according to the forme of petion divided into such as are conceiued to recouer either the simple value of the thing chalenged or the double the triple or quadruple Bract. li. 3. ca. 3. nu 6. So doeth Decies tantum lie against embracers Fitzh nat br fo 171. and against iurours that take mony for their verdict of one part or the other or both And to be short any other action vpon a statute that punisheth any offence by restitution or fine proportionable to the transgression Action is preiudiciall otherwise called preparatorie or els principall preiudiciall is that which groweth from some question or doubt in the principall as if a man sue his younger brother for land descended from his father and it be obiected vnto him that he is a bastard Bract. li. 3. ca. 4. nu 9. For this pointe of bastardie must be tried before the cause can farder proceede therefore is termed preiudicialis quia prius iudicanda Action is either awncestrell or personall Stawnf pl. cor 59. Auncestrel seemeth to be that which we haue by some right descending from our auncester vpon vs and that personall which hath the beginning in and from our selues Action vpon the case actio super casu is a generall action giuen for redresse of wrongs done without force against any man and by lawe not especially provided for For where you haue any occasiō of suite that neither hath a fitte name nor certaine forme alreadie prescribed there the clerkes of the chauncerie in auncient time conceiued a fitte forme of action for the fact in questiō which the Civilians call actionem infactum our common lawyers action vpon the case In factum actiones dicuntur ideo quia quod nomine non possunt exprimere negotium id rei gestae enarratione declarant citra formulā ac solennitatem vllā Cuiacius Gothofredus ad Rubricam de praescriptis verbis And whereas in the civile lawe there are two sorts actionis in factum one tearmed actio in factum ex praescriptis verbis the other actio in factum praetoria We semb parat de praescrip verb. the former growing vpon words passed in contract the other more generally vpon any fact touching either contract or offence formerly not provided against this action vpon the case seemeth in vse to bemore like to the pretours action in factum then to the other because in the perusall of the new booke of entries and Brookes his abridgement heerevpon I perceiue that an action vpon the case lieth as well against offenses as breach of contract Of this see more in the word Trespas Action vpon the statute actio super statuto is an action brought against
bequeath any thing to the redeeming of captives c. and appoint one to execute his will in that point the partie soe appointed shall see it performed and if he appointe none to doe it then the Bishop of the citie shall haue power to demaund the legacie and without all delay performe the will of the deceased Admirall Admiralius cometh of the frenche amerall and signifieth both in France and with vs an high officer or magistrate that hath the gouernement of the Kings navie and the hearing and determining of all causes as well civile as criminall belōging to the sea Cromptons diuers iurisd fo 88. and the statutes anno 13. R. 2. ca. 5. anno 15. eiusdem ca. 3. an 2. H. 4. ca. 11. anno 2. H. 5. ca. 6. an 28. H. 8. ca. 15. with such like This officer is in all kingdomes of Europe that border vpon the sea and his authoritie in the kingdome of Naples is called magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris Vincent de Franch descis 142. nu 1. This Magistrate among the Romanes was called praefectus classis as appeareth by Tully in Verrem 7. but his authoritie was not continuall as the Admirals is in these daies but onely in time of warre Neither doe I finde any such officer belonging to the Emperours in our Code And M. Guyn in the preface to his reading is of opinion that this office in England was not created vntill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his booke taking vpon him to name all the courts of Iustice maketh no mention of this courte or magistrate And againe Richard the second finding the Admirall to extend his iurisdiction over farre ordeined by statute made the 10. yeare of his reigne that the limits of the admirals iurisdiction should be restrained to the power he had in his grandfather Edward the thirds daies whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall But contrarily to this it appeareth by auncient records the copies whereof I have seene that not onely in the daies of Ed. the first but also of King Iohn all causes of Merchants and mariuers and things happening within the fludde marke were ever tried before the Lord admirall Adiura Regis is a writ for the Kings Clerke against him that seeketh to eiect him to the preiudice of the Kings title in the right of his crowne Of this you may see diuers formes vpon divers cases Register orig fo 61. a. Admittendo clerico is a writte graunted to him that hath recouered his right of presentation a-against the Bishop in the common bank the forme whereof read in Fitzh nat br fo 38. the Register orig fo 33. a. Admittendo in socium is a writ for the association of certaine persons to Iustices of assises formerly appointed Register orig fol. 206. a. Ad quod damnum is a writ that lyeth to the escheater to inquire what hurt it will be to the King or other person to graunt a Faire or market or a mortmaine for any lands intended to be giuen in fee simple to any house of religion or other body politicke For in that case the land so giuē is said to fal into a dead hād that is such an estate and condition that the chiefe Lords do leese all hope of heriots seruice of court and escheates vpon any traiterous or felonious offence committed by the tenant For a bodie politicke dieth not neither can performe personall seruice or commit treason or felonie as a singular person may And therefore it is reasonable that before any such grant be made it should be knowne what preiudice it is like to worke to the graunter Of this reade more in Fitzh nat breu fol. 221. and look Mortmaine Ad terminum qui praeteriit is a writ of entrie that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers and after the terme expired is held from them by the tenant or other stranger that occupieth the same and deforceth the leassour Which writ belongeth to the leassour and his heire also Fitzh nat br fol. 201. Aduent aduentus is a certaine space of time comprising a moneth or thereabout next before the feast of Christs natiuitie Wherein it seemeth that our ancestors reposed a kind of reuerence for the neerenesse of that solemne feast so that all contentions in lawe were then remitted for a season Whereupon there was a statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said vsuall solemnitie and time of rest it might be lawfull in respect of iustice and charitie which ought at all times to be regarded to take assises of nouell disseisin mort d'auncester and darrein presentment in the time of Aduent Septuagesima and Lent This is also one of the times from the beginning whereof vnto the end of the Octaues of the Epiphany the solemnizing of mariage is forbidden by reason of a certain spiritualioy that the church so consequently euery member thereof for that time doth or ought to conceiue in the remembrance of her spouse Christ Iesus and so abandon all affections of the flesh See Rogation weeke and Septuagesima Advocatione decimarum is a writ that lyeth for the claime of the fourth part or vpward of the tythes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to iustifie or maintaine an act formerly done For example one taketh a distresse for rent or other thing and he that is destreyned sueth a Replevin Now he that tooke the distresse or to whose vse the distresse was taken by another iustifying or maintaining the act is said to avowe Tearmes of the lawe Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton vseth the Latine word in the same signification as advocatio disseisiuae li. 4. cap. 26. And I find in Cassauaeus de consuet Burg. pa. 1210. advohare in the same signification and pag. 1213. the Substantine desavohamentum for a disavowing or refusall to avowe Advowzen advocatio signifieth in our common law a right to present to a benefice as much as ius patronatus in the canon lawe The reason why it is so tearmed proceedeth from this because they that originally obtained the right of presenting to any Church were maintainers and vpholders or great benefactors to that Church either by building or increasing it and are thereupon tearmed sometime patroni sometime Advocati cap. 4. cap. 23. de iure patronatus in Decretal And advowzen being a bastardly French word is vsed for the right of presenting as appeareth by the Statute of Westm the second anno 13. Ed. 1. ca. 5. Advowsen is of two sorts advowsen in grosse that is sole or
the Lord Chancelour or by our appointment before Iustices in eyre in open court Glanvile li. 11. cap. pri Britton cap. 126. whome of this thing you may reade more at large There be also in respect of the diuers courts Atturneys at large and Atturneys special belonging to this or that court onely The name is borrowed of the Normanes as appeareth by the custumarie cap. 65. And I find the word attornati or as some reade tornati in the same signification in the title de statu regularium ca. vnico § Perrò i. n sexto where the glosse saith that Atturnati dicuntur Procuratores apud acta constituti Our old Latine word for this seemeth to be responsalis Bract. lib. 4. cap. 31. lib. 5. parte 2. cap. 8. and so it is in Scotland at this day but especially for the Atturney of the defendant as prolocutor is for the persewer M. Skene de verb. significatione Responsalis as Sigâ—nius witnesseth in his first booke de regno Italie was in auncient time the title of the Popes ambassadour pag. 11. Atturney of the court of wards and Liueries Atturnatus regis in curia Wardorum LiberaturaruÌ„ is the third officer in that Court who must be a person learned in the lawes of the land being named and assigned by the king At his admission into the office he taketh an oath before the Master of the said court well and truly to serue the king as his Atturney in all courts for and concerning any mater or cause that toucheth the possessions and hereditaments limited to the suruey and gouernement of this court and to procure the kings profite thereof truly to councell the king and the Master of the Court in all things concerning the same to the best of his cunning witte and power and with all speed and diligence from time to time at the calling of the Master to endeuour himself for the hearing and determination indifferently of such matters causes as depend before the Master not to take any gift or reward in any mater or cause depending in the court or else where wherein the king shall be partie whereby the king shall be hurt hindred or disinherited to do to his power wit and cunning all and euery thing that appertaineth to his office Atturney of the Court of the Duchie of Lancaster Atturnatus curia Ducatus Lancastriae is the second officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chanceler of that court being for the most part some honorable man and chosen rather for some especiall trust reposed in him to deale betweene the king and his tenents then for any great learning as was vsuall with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertero and in our common lawe is an yeelding of the tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obtaineth any lands or tenements of another which are in the occupation of a third cannot get possession yet see the statute an 27. H. 8. cap. 16. The words vsed in atturnment are set downe in Litleton I agree me to the graunt made to you c. But the more common atturnment is to say Sir I attourn to you by force of the same graunt or I become your tenent c. or else deliuer vnto the grauntee a peny halfepeny or farding by way of attournment Litleton lib. 3. cap. Attournment 10. whome you may reade more at large and find that his definition proceedeth from more lawe then Logickeâ— because he setteth downe diuers other cases in the same chapter whereto attournment appertaineth as properly as vnto this But you may perceiue there that attournment is the transposing of those duties that the tenent ought to his former Lord vnto another as to his Lord and also that attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the writ tearmed Per quaeseruitia Owld nat br fol. 155. or sometime by distresse Fitzh nat br fol. 147. Lastly attournment may be made to the Lord himselfe or to his Steward in Court Kitchin fol. 70. And there is attournment in deede and attournment in lawe Coke vol. 6. fo 113. a. Attournment in lawe is an act which though it be no expresse attournment yet in intendment of law is all one Atturnato faciendo vel vecipiendo is a writ which a man oweing suite to a countie hundred weapon take or other court and desiring to make an attourney to appeare for him at the same court whome he doubteth whether the Shyreeue or bailiffe will admit or not for his Attourney there purchaseth to commaund him to receiue such a man for his attourney and admit his appearance by him The forme and other circumstances whereof see in Fitzh nat br fo 156. Audiendo terminando is a writ but more properly tearmed a commission directed to certaine persons when as any great assembly insurrectioÌ„ or heinous demeanure or trespasse is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fo 110. See also oyer terminer Andience courte Curia audientiae Cantuariensis is a court belonging to the Archbishop of Canterburie of equall authoritie with the Arches court though inferior both in dignity and antiquitie The originall of this court was because the Archeb of Canterbury heard many causes extra iudicially at home in his owne palace in which before he would finally determine any thing he did vsually commit them to be discussed by certaine learned men in the ciuile canon lawes whome thereupon be termed his auditors And so in time it grew to one especiall man who at this day is called Causarum negotiorumque audientiae Cantuariensis auditor seu officialis And with this office hath heretofore commonly bene ioyned the Chancelership of the Archbishop who medleth not in any point of coÌ„tentious iurisdiction that is desciding of causes betweene party and party except such as are ventilated pro forma onely as the confirmation of bishops elections or such like but onely of office and especially such as are voluntariae iurisdictionis as the granting of the custody of the spiritualties during the vacation of Bishoprickes Institutions to benefices dispensing with banes of matrimonie and such like But this is now distinguished in person from the Audience Of this Audience court you may reade more in the booke intituled De antiquitate ecclasiae Brittannicae historia Audita querela is a writ that lieth against him who hauing taken the bond called statute Merchant of another and craving or hauing obteined execution of the same at the Maior Bayliffes hands before whome it was entred at the complaint of the partie who entred the same vpon suggestion of some iust cause why execution should not be graunted as a release or other exception This writ is
101. Kitchin fo 215. Barre also in the same signification is devided into barre materiall and barre at large Kitchin fo 68. A barre materiall as it seemeth may otherwise be called a barre speciall as when one in the stoppe of the plaintiffes action pleadeth some particular mater as a descent from him that was the vndoubted owner a feofment made by the auncester of the plaintiffe or such like A barre at large is when the tenent or defendant by way of exception doth not traverse the plaintifes title by pleading not guiltie nor confesse and avoid it but onely maketh to himselfe a title in his barre As if in an Assise of novel disseisin the tenent pleade a feosment of a straunger vnto him and giues but a colour onely to the plaintiffe Of this there is an apt example to be found 5. H. 7. fo 29. Barre is also in regarde of the effect diuided into barre perpetuall barre pro tempore Perpetuall is that which overthroweth the actioÌ„ for euer Barre pro tempore is that which is good for the present and may faile heereafter looke an example or two in Broke titulo Barre nu 23. where he saith that to plead plene administrauit is good vntill it may appeare that more goods come to the executors hands afterward which also holdeth for an heire that in an action of his auncesters debt pleadeth rien per disceÌ„t This word is also vsed for a materiall bar as the place where Seâ—geants or CouÌ„celers stand to pleade causes in courte or prisoners to aunswere to their endictments Of which our coÌ„mon lawyers that be lyceÌ„ced to plead in other contries called licentiati are termed barristers anno 24. H. 8. ca. 24. Barrator barectator commeth from the French barat i. astutia and is neere the French it selfe in significatioÌ„ For barateur in that tong betokneth a deceiver and a barator in our common law is a common wrangler that setteth men at ods and is himselfe never quiet but at brawle with one or other To this effect you may read M. Lamberds eirenarcha pa 342. who saith likewise that barettor for so he writeth is may seeme to come from the latine baratro or balatro that is a 〈◊〉 knaue or vnthrift and by a metaphor a spot in a coÌ„mon wealth See the statute of champerty an 33. Ed. 1. stat 2. ca. vnico and West 1. ca. 32. anno 3. Ed. i. M. Skene de verb. signif verbo barratrâ— saith that barratours be Symonists called of the Italian word barrataria signifying corruption or briberie in a Iudge giuing a false sentence for mony whome you may read more at large as also Hortensius Cavalcanus in his tractat de brachio reg 10. parte 5. nu 66. whose words are Barataria veròdicitur quando Iudex aliquid petit indebitum vt iustitiam faciat Who also nu 195. partis 5. saith thus barraterii appellaÌ„tur qui praetorium nimis frequentaÌ„t And in another place of the same worke Baratria dicitur quia fit quoddam barratrum i. commutatio pecuniae cum iustitia c. See also Aegidius Bossius in practica criminali titulo de officialibus corrupt c. nu 2. 6. Baratariam committunt Iudices qui iusticiaÌ„ auro vendunt Paris Puteola de syndicatu verbo Barataria pa. 217. Barre fee is a see of 20. 〈◊〉 that every prisoner acquited of felonie payeth to the gaoler Crompt Iustice of peace fo 158. b. Barrell is a measure of wine oyle c. conteining the 8. parte of a tonne the 4. of a pipe and the second of a hogsehead that is 31. gallons and a halfe anno 1. R. 3. ca. 13. But this vessel seemeth not to conteine any certaine quantitie but differeth according to the liquor for a barrell of beere conteineth 36. gallons the Kilderkin 18. and the firkin 9. a barrell of ale 23. gallons the kilderkin 16. and the firkin 8. gallons anno 23. H. 8. ca. 4. Barriers commeth of the French barres and signifieth with vs that which the French men call ieu de barres i. palastraÌ„ a martial sport or exercise of meÌ„ armed and fighting together with short swords within certain limits or lists whereby they are severed from the beholders Barter may seeme to come of the French barater i. circumvâ—nire It signifieth in our statutes exchange of wares with wares an 1. R. 3. ca. 9. so bartry the substantiue anno 13. Eliza. ca. 7. The reason may be because they that choppe and change in this maner doe what they can for the most part one to ouer-reach the other See barratour Base estate is in true French basestat It signifieth in our coÌ„mon law that estate which base tenents haue in their lands Base tenents be they as M. Lamberd saith in his explica of SaxoÌ„wordâ— verbo Paganus which do to their lords villeinous service The author of the termes of law in his Tractat of old termes saith that to hold in see base is to hold at the will of the lord Kitchin fo 41. seemeth to make base tenure and franck to be contraries where it appeareth that he putteth copy holders in the number of base tenents And out of these I thinke that it may be probably coniectured that everie base tenent holdeth at the will of the lord but yet that there is a difference betweene a base estate and and villenage which Fitzh in his nat br fo 12. B. C. seemeth to coÌ„found For the aboue named author of the termes of law saith in the place before cited that to hold in pure villenage is to doe all that the lord will commaund him So that if a copie holder haue but base estate he not holding by the performance of everie commandement of his lord cannot be saide to hold in villenage Whether it may be said that copy holders be by custome and continuaÌ„nce of time growne out of that extreame servitude wherein they were first created I leaue to others of better iudgement but Fith. loco citato saith tenure by copie is a terme but lately invented Base courte is any court that is not of record as the court baron Of this read Kitchin f. 95. 96. c. Base fee See base estate Baselard baslerdus in the statut anno 12. R. 2. ca. 6. signifieth a weapon which M. Speight in his exposition vpon Chancer cal-leth pugimem vol 〈◊〉 Bastard bastardus See Bastardy and See Skeene de verbo siguif verbo Bastardus Bastardy bastardia commeth of the French bastard i. â—othuâ— Cassanans de consuetis Burg. pa. 1116. saith bastard and silius naturalis be all one Bastardy in our common law signifieth a defect of birth obiected to one begotten out of wedlock Bract. li. 5. ca. 19. per totum How bastardie is to be prooued or to be inquired into if it be pleaded see Rastalls booke of Entrise tit Bastardie fo 104. Kitchin fo 64. maketh mention of bastardie speciall and bastardie generall The difference of which is that bastardie generall is a
See Pontage Brigbote Bull bulla seemeth to come from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consilium as Polidorus Virgilius saith de inventio rerum lib. 8. cap. 2. It signifieth the leters by the Canonists called Apostolique strengthened with a leaden seale and containing in them the decrees or commandements of the Pope or bishop of Rome The word is vsed many times in our Statutes as anno 28. H. 8. cap. 16. anno 1. 2. Ph. Ma. ca. 8. Bullion cometh of the French billon that is the place where gold is tried It signifieth with vs gold or siluer in the masse or billet anno 9. Ed. 3. stat 2. cap. 2. and sometime the Kings exchange or place whether such gold in the lumpe is brought to be tryed or exchanged anno 27. Ed. 3. stat 2. cap. 14. anno 4. H. 4. cap. 10. See Skene de verbo signif verbo Bullion Burghote commeth of burg i. castellum and bote i. compensatio and signifieth a tribute or contribution toward the building or repairing of castels or walles of defence or toward the building of a borow or city Frō this diuers had exemption by the auncient charters of the Saxon kings Whereupon it is taken ordinarily for the exemption or libertie it selfe Rastals expos of words Fleta hath these words of it Significat quiet antiam reparationis murorum civitatis vel burgi li. 1. cap. 47. Burgh English See Borow English Burgage burgagium is a tenure proper to cities townes whereby men of cities or borowes hold their lands or tenements of the King or other Lord for a certaine yearely rent Old Tenures It is a kind of socage Swinborn parte 3. § 3. nu 6. Burglarie burglaria is compounded of two French words bourg i. pagus villa and larecin i. furtum or of bourg laron Coke lib. 4. fol. 39. b. It is according to the acceptance of our common lawe thus defined Burglarie is a felonious entring into another mans dwelling house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steale somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offender be to steale this is like robberie if to murder it differeth not much from murder and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the naturall signification of the word is nothing but the robbing of a house but as it is vox artis our common Lawyers restraine it to robbing a house by night or breaking in with an intent to robbe or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Iustice of peace fol. 28. b. fol. 29. 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings butler by vertue of his office may take of euery shippe anno 1. H. 8. cap. 5. For the which see more in Botyler C CAblish cablicin among the writers of the Forest lawes signifieth brush wood Manwood parte pag. 84. Cromptons Iurisd fol. 165. Calamus is a cane reed or quill the diuers kinds wherof you haue set downe in Gerards Herball lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1. Iacobi cap. 19. Calendrin of Worsseds anno 5. H. 8. cap. 4. anno 35. eiusdem cap. 5. Cantred is as much in Wales as an hundred in England For Cantre in the British tongue signifieth centum This word is vsed anno 28. H. 8. cap. 3. Cape is a writ iudiciall touching plee of land or tenements so tearmed as most writs be of that word in it selfe which carieth the especiallest intention or end thereof And this writ is diuided in Cape magnum Cape parvum both which as is before said in Attachment take hold of things immoueable and seeme to differ betweene themselues in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the tenent to aunswer to the default and ouer to the demaundant Cape parvum summoneth the tenent to aunswer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161. 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a iudiciall and lyeth where a man hath brought a Praecipe quod reddat of a thing that toucheth plee of land and the tenent make default at the day to him giuen in the writ originall then this writ shall goe for the king to take the land into the kings hands and if he come not at the day giuen him by the grand Cape he hath lost his land c. A president and forme of this writ you may see in the Register iudiciall fol. 1. b. It seemeth after a fort to containe in it the effect unssionis in possessionem ex primo secundo decrete among the Civilians For as the first decree seiseth the thing and the second giueth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the partie a farder day of appearance at which if he come not in the land is forfeited Yet is there difference betweene these two courses of the ciuill and cōmon lawe first for that missio in possessionem toucheth both moueable and immoueable goods whereas the cape is extended only to immoueable secondly that the partie being satisfied of his demaund the remanet is restored to him that defaulted but by the cape all is seised without restitution thirdly missio in possess is to the vse of the partie agent the cape is to the vse of the king Of this writ and the explication of the true force and effect thereof reade Bracton lib. 5. tract 3. cap. 1. num 4. 5. 6. See Cape ad valentiam Cape parvum in the Old na br fol. 162. is thus defined This writ lyeth in case where the tenent is summoned in plee of land and commeth at the summons and his appearance is of record and after he maketh default at the day that is giuen to him then shall goe this writ for the king c. Of this likewise you haue the form in the Register iudiciall fol. 2. a. Why it is called cape parvum see in cape magnum Of both these writs reade Fleta lib. 6. cap. 44. 〈◊〉 Magnum seqq Cape ad Valentiam is a species of cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161. 162. it is thus defined or described This writ lyeth where any
the king as of the person of the king and yet houldeth not in caepite but as he held before So that by this booke tenuere houlding of the person of the king and tenure in capite are two diuers tenures To take away this difficulty I thinke M. Kitchin is in that place to be taken as if he saide not in capite by Knights seruice but by socage folowing the vsuall speech because most commonly where we talke of tenure in capite we meane tenure by Knights seruice Carno Cromptons iurisd fol. 191. is an imunity Carke seemeth to be a quantititie of wolle whereof thirtie make a Sarpler anno 27. H. 6. ca. 2. See Sarpler Carrack aliàs Carrick seemeth to be a shippe of burden so called of this Italian carrico or carco a burden or charge or of the spanish cargo you haue this word anno 2. R. 2. ca. 4. anno 1. Iaco. ca. 33. Carroway seedes aliàs Carruway seedes semen cari vel carei is a seed springing of the herbe so called of whose operation you may read in Gerards herball li. 2. ca. 396. It is reckoned among the merchandize that ought to be garbled anno i. Iaco. ca. 19. Carue of land carucata terrae commeth of the French charue i. aratrum and with vs is a certaine quantitie of land by the which the subiects haue some time bene taxed wherevpon the tribute soe leuied is called Carvage Caruagium Bracton li. 2. ca. 16. nu 8. It is all one with that which the same author lib. 2. ca. 17. calleth carucatam terrae For Litleton ca Tenure in socage saith that haec soca socae idem est quod caruca sc one sok or one plow land Yet one place I finde in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time king Henry tooke carvage that is to say two merks of siluer of euery knights fee toward the mariage of his sister Izabell to the Emperor where caryage cannot be taken for a plow land except there were some other farder division whereby to raise of euery plowe land so much and so consequently of euery Knights fee that is of euery 680. acres two merkes of siluer Rastall in his Exposition of words saith that caruage is to be quite if the lord the King shall taxe all the land by carues that is a priuiledge whereby a man is exempted frō carvage Skene de verb. signif ver Carucata terrae deriueth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a yere and day with one plough which also is called hilda or hida terrae a word vsed in the old Britaine lawes M. Lamberd among his precedents in the end of his Eirenarcha translateth carucatū terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certaine blacke round and long cods wherein is contained a pulpe soft pleasantly sweet seruing for many vses in Phisick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruite is mentioned in the statute anno 1. Iacob cap. 19. among drugges and spices that be to be garbled Cassia lignea is a sweet wood not vnlike to Cynamom and sometime vsed in steede of Cynamom Whereof you may read in Gerards Herball lib 1. ca. 141. This is called Cassia lignum in the Statute anno 1. Iacob cap. 19 and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captaine sometime called a Constable of a castell Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. īn like maner is it vsed anno 3. Ed. 1. cap. 7. In the bookes de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that haue the custodie of the Kings mansion houses called of the Lumbards curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest lawes pag. 113. saith that there is an officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laide vpon such of the kings subiects as dwell within a certaine compasse of any castell toward the maintenance of such as doe watch and ward the castell Magna charta cap. 20. anno 32. H. 8. cap. 48. It is vsed sometime for the very circuit it selfe which is inhabited by such as are subiect to this seruice as in Stowes annals pag. 632. Casu consimili is a writ of entrie graunted where the tenent by courtesie or tenent for terme of life or for the life of another doth alien in fee or in tayle or for tearme of anothers life And it hath the name of this for that the Clerkes of the Chauncerie did by their common consent frame it to the likenesse of the writ called In casu prouiso according to their authoritie giuen them by the Statute Westm 2. cap. 24. which as often as there chanceth any new case in Chancerie something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads together and to frame a new forme aunswerable to the new case and as like some former case as they may And this writ is graunted to him in the reuersion against the party to whom the said tenent so alienateth to his preiudice and in the life time of the said tenent The forme and effect whereof reade more at large in Fitz. nat br fol. 206. Casu proviso is a writ of entry giuen by the Statute of Glocecester cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life or in taile and lyeth for him in reuersion against the alienee Whereof reade F 〈…〉 cat br more at large fol. 205. Catals catalla aliâs chatels cōmeth of the Normans For in the 87. chapter of the grand Custumarie you shal find that al moueable goods with them are called chatels the contrary whereof is fief ibid. which we do call fee. But as it is vsed in our common law it comprehendeth all goods moueable and immoueable but such as are in the nature of free hould or parcell thereof as may be gathered out of Sawnf praero ca. 16. and anno Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla fo 32. saith that ready mony is not accompted any goods or catels nor haukes nor houndes The reason why hawks and hounds be not he giueth because they be ferae naturae why money is not though he set not downe the cause yet it may be gathered to be for that money of it selfe is not of worth but as by cōsent of men for their easier traficke or permutation of things necessary for common life it is reckoned a thing rather consisting in imagination then in deede Catals be either personall
barrs laide crosse waies one ouer another so that a man may see through them in and out And it is to be thought that iudgement seates in ould time were compassed in with those barres being founde most necessary to defend the iudges and other officers from the presse of the multitude and and yet neuer the more to hinder any mans view that had a desire or cause to obserue what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in court grapharios sc qui conscribendis excipiendis iudicum actis dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not onely in other kingdomes but in ours also is giuen to him that is the cheife man for mater of iustice in priuate causes especially next vnto the prince For whereas all other Iustices in our common wealth are tied to the lawe and may not swerue from it in iudgement the Chanceler hath in this the kings absolute power to moderate and temper the written lawe and subiecteth himselfe onely to the lawe of nature and conscience ordering all things iuxta aequum bonum And therefore Stawnford in his Prerogatiue ca. 20. fo 65. saith that the Chanceler hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must obserue the forme of proceeding as other ordinarie Iudges yet that in his absolute power he is not limited by the written law but by conscience and equitie according to the circumstances of the mater in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conqueror Instituit item Scribarum Collegium qui diplomata scriberent eius Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habetur And see Fleta lib. 2. cap. 13. This high Officer seemeth to be derived from Fraunce vnto vs as many other Officers and vsages be For of this thus writeth Boërius in his Tractate De authoritat Magni Concilii num 8. Consistorio Franciae post Principem Dominus Franciae Cancellarius cui velut excelsum iudicii tribunal hoc in regno sub Principe tamen nostro moderanti sigillumque authenticum quo sine publicis patētibus regiis literis nulla fides adhibetur liberam administrationem habenti omnes singuli regii Iusticiarii quocunque nomine nuncupentur ac quavis authoritate fungantur e◠inferiores sunt Et meritò Succedit enim in quaestoris locum c. He that beareth this magistracie is called the Chanceler of England anno 7. R. 2. cap. 14. and by the Statute anno 5. Eliz. cap. 18. the Lord Chanceler and Keeper haue all one power Note farder that diuers inferior Officers are called Chancelers as Chanceler of the Exchequer an 25. H. 8. cap. 16. whose office hath bene thought by many to haue bene created for the qualifying of extremities in the Exchequer He sitteth in the court and in the Exchequer chamber and with the rest of the court ordereth things to the kings best benefit he is alwaies in cōmission with the Lord Treasurer for the letting of the lands that came to the crowne by the dissolution of Abbeyes and hath by priuie seale from the king power with others to compound for forfeitures of bonds and forfeitures vpon penall statutes He hath also much to doe in the reuenue come by the dissolution and first fruites as appeareth by the acts of vniting them to the Crowne Chanceler of the Duchie of Lācaster anno 3. Ed 6. cap. 1. an 5. eiusdem cap. 26. whose office is principall in that court to iudge and determine all controuersies betweene the king and his tenents of the Duchie land and otherwise to direct all the kings affaires belonging to that court Chanceler of the Order 1. of the Garter Stowes annals pag. 706. Chanceler of the Vniversity anno 9. H. 5. cap. 8. anno 2. H. 6. cap. 8. Chaunceler of the court of Augmentations anno 27. H. 8. cap. 27. anno 32. eiusdem cap. 20. anno 33. eiusd cap. 39. Chaunceler of the first fruites anno 32. H. 8. cap. 45. Chaunceler of courts anno 32. H. 8. cap. 28. Chaunceler of the Diocesse anno 32. H. 8. cap. 15. Chancerie cancellaria is the court of equitie and conscience moderating the rigour of other courtes that are more streightly tyed to the leter of the lawe whereof the Lord Chancelor of England is the chiefe Iudge Cromptons iurisd fol. 41. or else the Lord Keeper of the great Seale sithence the statute 5. Eliz. cap. 18. It taketh the name from the Chaunceler as M. Camden noteth in his Britannia pag. 114. in meo The Officers belonging to this court are as is abouesaid the Lord Chaunceler or Keeper of the broade Seale twelue Masters of the Chancerie whereof the Master of the rolles is one and the chiefe the sixe Clerkes the Examiners a Sergeant at armes the Marshall and cryer of the court the clerks of the courts otherwise called Courseters the clerkes of the petie bagge the clerke of the crowne the clerk of the hanaper the protonotary or register the controller of the hanaper the clerk of appeales the sealer the ch 〈…〉 axe the clerke of the facult 〈…〉 the clerk of the patents clerk of the starre chamber clerk of presentations clerk of dismissions clerk of licenses to alienate clerkes of the enrolments clerk of the protections clerk of the court of wards clerk of the sub penaes which see described in their places Chapell capella commeth of the French chapelle i. aedicula and is of 2. sorts either adioining to a Church as a parcel of the same which men of worth doe build vt ibidem familiaria sepulchra sibi constituant to the vse of the Romans l. 5. Π. de religio or els separate from the mother church where the parish is wide and is commonly called a chappell of case because it is builded for the case of one or more parishioners that dwell ouer farre from the Church and is serued by some inferiour curate prouided at the charge of the rector or of them that haue benifite by it as the composition or custome is Whence the word is deriued the Canonists differ in opinion Rebuffus de pacif posses nu 104. saying that some take it à capiendo laicot others à capra because it representeth those cotages which men were wont to couer ouer with goates skins Petrus Gregorius in suo syntagma te li. 15. ca. 29. hath these words of this thing Capellanus à capellania capella cui praeficitur nominatur item ab officio seu beneficio capellania Capella aliquibus dicta quasi capiens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu populos vel capiens laudem vel secundùm praepositum a cappa Diui Martint aut a
crescente numero peregrinorum iuxta Tēplum Hierosolymitanum Xenodo chium aedificatum tit Diui Iohannis quo exciperentur peregrini quos coenobia capere non possent Huius ergo ministerio quoque viri pij nobiles se devoverunt qui peregrinos tutarentur à latronum seu Agarenorum incursu defenderent Horum professio est votum solenne paupertatis abdicationis propriorum castitatis obedientiae Proinde propter primum votum nihil proprii habent vel habere debent sed accipiunt annonam quà m diu vivunt vel praeceptorias quas vocant Commanderies administrant quà m diueas possident optione mutant vel ex magistri licentia permutant reddituri morientes quae apud eos reperiētur societati Of these Corasius in his paraphrase Ad sacerd mat parte prim cap. 3. saith thus Praeceptoriae Rhodienses cùm non nisi fratribus Hierosolymitanis atque it a personis ecclesiasticis conferantur beneficiis ecclesiasticis annumerari meritò debent Commaundement praeceptum is vsed diuersely in the common lawe some time for the commaundement of the king when vpon his meere motion and from his owne mouth he casteth any man into prison Stawnf pl. cor fo 72. or of the Iustices And this commādement of the Iustices is either absolute or ordinary absolute as when vpon their owne authority in their wisedome and discretion they commit a man to prison for a punishment Ordinary is when they commit one rather for safe custody then punishment And a man committed vpon an ordinary commandemēt is repleuisable pl. cor fo 73. Cōmandement is againe vsed for the offence of him that willeth another man to transgresse the lawe or to doe any such thing as is contrary to the lawe as murder theft or such like Bract. li. 3. tra 2. ca. 19 And this the ciuilians call mandatum Angelus de maleficiis Commen communia commeth from the french commun i. quod ad omnes pertinet and signifieth in our common lawe that soile or water whereof the vse is common to this or that towne or lordship as common of pasture communia pesturae Bract. ls 4. ca. 19. 40. commen of fishing communia piscariae Idem li. 2. ca. 34. commen of turbary i. of digging turues communia turbariae Idem li. 4. ca. 41. cōmen of estouers communia estoueriorum Kitchin fo 94. Comen is deuided into commen in grosse commen appendant commen dppertinent and commen per cause de vicinage i. by reason of neighbourhood Cōmen in grosse is a liberty to haue cōmen alone that is without any land or tenement in another mans land to him selfe for life or to him and his heires And this is commonly passed by deede of graunt or specialty Old nat br fo 31. 37. Commen appendant and common appertinent be in a maner confounded as appeareth by Fitzh nat br fo 180. and be defined to be a liberty of common appertaining to or depending of such or such a freehould Onely Kitchin fo 94. seemeth to make this difference that he which hath commen appertinēt hath it without limitation of this or that kinde of beastes but that is controlled by Dyer fo 70. b. nu 19. He that hath commen appendant hath it but for beastes commenable as horses oxen kine and sheepe being acompted fittest for the plowman and not of goates geese and hogs whereunto the author of the new teaams of law addeth another difference which is that common appertinent may be seuered from the land wherunto it is appertinent but not common appendant The originall of common appendant S. Ed Coke li. 4. fo 37. thus expresseth Common appendant by the auncient lawe had beginning in this maner when a lord infeoffed another in erable lands to hould of him in socage idest per seruicium socae as all tenure in the beginning according to Litleton was the feoffee to mamtaine the seruice of his plough had commō in the wasts of his Iord for his necessary beasts to gaine and compas his land that for two causes one for that as then it was taken it was tacitè implyed in the feofment by reason the feoffee could not gaine or compas his land without catell and catell could not be sustained without pasture anb so by consequent the feoffec had as a thing necessary and incident common in the wastes and land of the lord And this appeareth by aunciēt books tempore Ed. i. tit common 24. 17. E. 2. tit common 23. 20. Ed. 3. tit Admesurement 8 18. Ed. 3. and by the rehersall of the statute of Merton ca. 4. The second reason was for maintenance and aduancement of tillage which is much regarded and fauoured in the lawe Thus farre S. Edward Commen per cause de vicinage is a libertie that the tenents of one lord in one towne haue to common with the tenents of another lord in another towne which kinde of common they that chalenge may not put their catell into the common of the other towne For then they be distremable But turning them into their owne fields if they strey into the neighbours commen they must be suffered See the termes of lawe Common of pasture the Civilians call ius compascendi cum sc plures ex municipipibus qui diversa praedia possiáebant saltum communem vt ius compascendi haberent mercarentur l. penul Π. si servit vendicetur It is also called ius compascuum ibidem Commendam commenda is a benefice that being voide is cōmended to the charge care of some sufficient clerk to be supplied vntill it may be conveniently provided of a pastor And that this was the true originall of this practise you may read at large in Duarenus de sacris ecclesiae ministeriis beneficiis li. 5. ca. 7. And whereas the glosse in verbo commendare in ca. Nemo deinceps de electione in sexto defineth commendam esse ecclesiae custodiam al icui commissam Iohannes Andraeas therevpon saith thus huic definitioni necessariò haec aditcienda putem in tempus gratiâ evidentis necessitatis vtilitatis Idque docuit textus in dicto capite Nemo Corrasius in his paraphrase de sacerdotiorum materia parte prima ca. 6. nu 3. seqq thus describeth the mater In commendam conceditur beneficium cùm Romanus Pontifex Legatus aut Episcopus Neque enim inferioribus qui ex privelegio aut alio iure spirituals conferunt concessum est ca. cum omnes basilicae 16. quaest 7. ecclesiae vacantis custodiam alicui committit administratorem generalem eius templi eum constituens ca. nemo de electio in sexto Commendare enim aliud est nihil quà m deponere l. publius Π. depositi l. cōmēdare Π. de verb signif Hoc autē ad tempus sex mensium pro evidenti necessitate aut vtilitate ecclesiae lex permittit d. ca. Nemo Quaere commendatarius qui ecclesiae vacantis fructuum ad tempus duntaxat custodiā habet nec tenere
other thing that may be tried by the lawe of the land And reade Fortescue ca. 32. This office was belonging heeretofore to the lords of certaine maners iure feudi and why it is discontinued see Dyer fo 258. nu 39. Out of this high magistracie saith M. Lamberd were drawen these lower constables which we call constables of hundreds franchises and first ordeined by the statute of Winchester anno 13. Ed. 1. which appointeth for the conseruation of the peace and view of armour two constables in euerie hundred and franchise which in latine are called constabularii capitales And these be nowe a daies called high constables because continuance of time and increase both of people and offenfes hath againe vnder these made others in euery towne called petit constables in latine subconstabularios which are of like nature but of inferiour authoritie to the other as you may read at large in that learned mans treatise before named Of these also read S. Thomas Smith li. 2. ca. 22. Beside these there be officers of particular places called by this name as constable of the tower Ssawnf pl. cor fol. 152. anno 1. H. 4. ca. 13. Stowes annals pa. 812. iurisdict fo 132. constable of the exchequer anno 51. H. 3. statute 5. Constable of Douer castel Camdeni Britan. pa. 239. Fitzh nat br fo 240. otherwise called castellane Westm i. ca. 7. anno 3. Ed. i. But these be castellani properly as M. Lamberd noteth though conioined in name with the others See the statute anno 32. H. 8. ca. 38. M. Manwood parte prima ca. 13. of his forest lawes maketh mention of a constable of the forest Consuetudinibus seruities is a writ of right close which lyeth against the tenent that deforceth his lord of the rent or seruice dew vnto him Of this see more at large the Old nat br fo 77. Fitzh eodem fo 151. and the Register orig fo 159. Consultation consultatio is a writ whereby a cause being formerly remoued by prohibition from the ecclesiasticall court or court christian to the kings court is returned thither againe For the Iudges of the kings court if vpon comparing the libell with the suggestion of the party they do find the suggestion false or not proued and therefore the cause to be wrongfully called from the court christian then vpon this consultation or deliberation they decree it to be returned againe wherevpon the writ in this case obtained is called a consultation Of this you may reade the Register orig fo 44. 45. c. vsque fol. 58. Old nat br fo 32. Fitzh eodem fo 50. Contenement contenementum seemeth to be the free hould land which lyeth to a mans tenement or dwelling house that is in his owne occupation For in magna charta ca. 14. you haue these words A free man shall not be amerced for a small fault but after the quantity of the fault and for a great fault after the maner thereof sauing to him his contenement or free hould And a merchant likewise shal be amerced sauing to him his merchandies and any other villaine then owers shal be amerced sauing his wainage if he take him to our mercy And Bracton li. 3. tracta 2. ca. 1 nu 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti seoundùm quod delictum fuit magnum vel parvum saluo contenemento suo mercator verò non nisi salua merchandiza sua villanus nisi saluo Waniagio suo which mercy seemeth to haue bene learned from the ciuile lawe whereby executio non potest fieri in boues aratra aliaue instrumenta rusticorum l. executores Authen Agricultores Co quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei indica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate Π. de verbo significa Quae tamen rusticorum militum scholarium priuilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Iohan. Eimericus in processu indiciario cap. de Executione senten 79. num 11. Continuance seemeth to bee vsed in the common law as prorogatio is in the ciuile lawe For example Continuance vntil the next assise Eitz nat br fol. 154. F. and 244. D. in both which places it is sayde that if a record in the treasurie be alledged by the one partie and denyed by the other a certiorari shall be siewed to the Treasurer and the chamberlaine of the Exchequer who if they certifie not in the Chauncerie that such a record is there or that it is likely to be in the Tower the king shall send to the Iustices repeating the certificate and will them to continue the assise In this signification it is likewise vsed by Kitchin fol. 202. 199. and also anno 11. H. 6. cap. 4. Continuall claime continuum clameum is a claime made from time to time Within euery yere and day to land or other thing which in some respect we cannot attaine without daunger For example if I be disseised of land into which though I haue right vnto it I dare not enter for feare of beating it behooueth me to hold on my right of entry to the best oportunitie of me mine heyre by approching as neare it as I can once euery yere as long as I liue and so I saue the right of entry to mine heire Termes of law Againe if I haue a slave or villein broken from me and remaining any where within the auncient demesn of the king being in the handes of the king I cannot maintaine the writ de nativo habendo as long as he continueth there but if I claime him within the yeare and the day and so continue my claime vntill I can find him within that compasse I may lawfully lay hold of him as mine owne Fitz. nat br fol. 79. See more in Litleton verbo Continuall claime And the new booke of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a covenant or agreement with a lawfull consideration or cause West parte prim symbol lib. 1. Sect. 10. and lib. 19. Π. de verbo Significa with other places it is thus defined Contractus est negotium inter duos pluresve data opera gestum vt vel vterque invicem vel alteruter obligetur Who so will throughly examine the difference betweene this and pactū and such other words something like in signification let him search the civilians and he shall find worke both pleasant and profitable and well fitting the common lawe also Contra formam collationis is a writ that lyeth against an abbot or his successor for him or his heire that hath giuen land to an Abbey to certaine good vses and findeth that the Abbot or his successour hath made a feofment thereof with the assent of the tenents to
the disherison of the house or church This is founded vpon the statute of Westm 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the author of the Termes of law saith that this is not brought against the tenent or alience Contra formam feoffamenti is a writ that lyeth for the heire of a tenent infeoffed of certain lands or tenements by charter of feofment by a Lord to make certain seruices and suites to his court and is afterward distreined for more then is contained in the said charter Regist orig fol. 176. old nat br fol. 162. and the Tearmes of the lawe Contributione faciendae is a writ that lieth in case where more are bound to one thing one is put to the whole burden Fitz. nat br fo 162. bringeth these examples If tenēts in cōmon or ioynt hold a mill pro indiviso equally take the profits therof the mill falling to decay one or more of thē refusing to contribute toward the reparation therof the rest shall haue this writ to cōpell thē And if there be 3. coparceners of land that owe suite to the lords court the eldest perform the whole then may she haue this writ to compell the other two to a cōtributiō of the charge or to one of them if one only refuse The old nat br frameth this writ to a case where one onely suite is required for land that land being sold to diuers suite is required of them all or some of them by distresse as intirely as if all were still in one fol. 103. See the Regist orig fol 176. Controller contrarotulator cōmeth of the French contrerouleur i. antigraphus gracè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was vsed for him cui id muneris iunctum erat vt observaret pecuniam quam in vsum Principis vel civitatis colligerunt exactores Budaeus in annota prio in pand titulo De officio quaestoris In England we haue diuers officers of this name as controller of the kings house pl. cor fol. 52. anno 6. H. 4. cap. 3. controller of the nauie anno 35. Elizabeth cap. 4. controller of the custome Cromptons Iurisd fol. 105. controller of Calis anno 21 Rich. 2. cap. 18. controller of the Mint anno 2. H. 6. cap. 12. controller of the hamper Contrarotulator Hamperii which is an officer in the Chauncerie attending on the Lord Chaunceler or Keeper daily in the terme time and dayes appointed for sealing His office is to take all things sealed from the clerke of the hanaper inclosed in bags of lether as is mentioned in the said clerkes office and opening the bags to note the iust number especiall effects of all thinges so receiued and to enter the same into a speciall booke with all the duties appertaining to his Maiestie and other officers for the same and so chargeth the clerke of the hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice euery yeare to the Shyreeues to levie the Fermes and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the pell is also an officer of the Exchequer of which sort there be two viz. the two chamberlaines clerkes that do or should keepe a controlment of the pell of receipts and goings out And in one word this officer was originally one that tooke notes of any other officers accompts or receipts to the intent to discouer him if he dealt amisse and was ordained for the Princes beter securitie howsoeuer the name sithence may be in some things otherwise applyed To the proofe whereof you may take these few words out of Fleta lib. 1. cap. 18. in prin Qui cùm fuerint ad hoc vocati electi speaking of the coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentēt contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illud tangentibus c. Which contrarollum is nothing else but a paralel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or originall This also appeareth by anno 12. Ed. 3. ca. 3. And this signification it seemeth to haue also in Fraunce For there the king hath his receyuers of taylles in euery prouince and controllers qui ad maiorem fidem susceptoribus accedunt describuntque in tabulis quae colliguntur Gregorii syntagn lib. 3. cap. 6. num 6. Conuentione is a writ that lyeth for the breach of any couenant in writing Register orig fo 185. Old nat br fo 101. Fitzh calleth a writ of couenant nat br fo 145. who deuideth couenants into personall and reall making a sufficient discourse of them both as also how this writ lyeth for both Conuict conuictus is he that is founde guilty of an offence by the verdict of the iurie Stawnf pl. cor fo 186. yet Master Crompton out of Iudge Dyers commentaries 275. saith that conuiction is either when a man is outlawed or appeareth and confesseth or els is founde guilty by the inquest Crompt Iust of peace fo 9. a. Conuiction and attainder are often confounded li. 4. fo 46. a. b. See Attaint Coparceners participes be otherwise called parceners and in common law are such as haue equall portion in the inheritance of their auncestour and as Litleton in the beginning of his third booke saith parceners be either by law or by custome Parceners by law are the issue femall which noe heyre male being come in equality to the lands of their auncestours Bract. li. 2. ca. 30. Parceners by custome are those that by custome of the country chalenge equall part in such lands as in Kent by the custome called Gauel Kinde This is called adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the ciuilians it is tearmed familiae erciscundae iudicium quod inter cohaeredes ideo redditur vt haereditas diuidatur quod alterum alteri dare facere oportebit praestetur Hotoman Of these two you may see Litleton at large in the first and second chapters of his third booke and Britton cap. 27. intituled De heritage diuisable The crowne of England is not subiect to coparcinory anno 25. H. 8. ca. 22. Copie copia commeth from the french copia i. le double de quelqut escripture latinè descriptio graece 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an originall writing as the copie of a charter the copie of a court rolle Copia libelli deliberanda is a writ that lyeth in case where a man cannot get the copie of a libell at the hands of the Iudge ecclesiasticall Register orig f. 51. Copiehould tenura per copiam rotuli curiae is a tenure for the which the tenent hath nothing to shew but the copie of the rols made by the steward of
of a fine For if a fine duly levied of lands tenements be not impugned within fiue yeres it excludeth all claime for euer And if a man omit his continuall claime for a yeere and a day then the tenent in possession prescribeth an immunity against the entrie of the demandant and his heyre Fitzh nat br fo 79. Terms of the law verbo Continuall clayme Out of our statutes you may haue greater diuersitie which see collected in mine Institutes titulo de Vsucapio longi tempo praescript So that Brissonius in his 14. de verbo fignif seemeth to say truly that prescription is an exception founded vpon so long time runne and past as the lawe limiteth for the pursuite of any action An example may be taken from those statutes anno 1. H. 8. ca. 4. which inacteth that in all actions populer information shall be made within three yeares after the offence committed or els be of no force Of like nature is the statute anno 7. H. 8. ca. 3. which in some cases maketh one yeeres prescription sufficient against informations Custome is also vsed for the tribute or tolle that merchans pay to the king for carying in and out merchandise anno 14. Ed. 3. stat 1. ca. 21. in which signification it is latined custuma Register orig fo 138. a. 129. a. and lastly for such seruices as tenents of a maner owe vnto their lord New booke of entries verbo Custome Customary tenents tenentes per consuetudmem are such tenents as hould by the custome of the maner as their especiall euidence See Copihoulds Custos breuium is the principall clerk belonging to the court of common plees whose office is to receiue and keepe all the writs and put them vpon files euery returne by it selfe and at the end of euery terme to receiue of the protonotaries all the records of Nisiprius called the postea For they are first brought in by the clerk of assise of euery circuit to the protonotarie that entred the issue in that mater for the entring of the iudgement And then doe the protonotaries get of the court peremptory day for euery party to speake what he hath to alleage in arrest of iudgement which day being past he entreth the verdict and iudgement thereupon into the rols of the court and that done he doth in the end of the tearme deliuer ouer to the custos breuium all the records of Nisi prius which came to his hand that terme which receiued he bindeth into a bundle and bestoweth them The custos breuium also maketh entry of the writs of couenant and the concord vpon euery fine and maketh forth exemplifications and copies of all writs and records in his office and of all fines leuied The fines after they be ingrossed the parts therof are diuided betwen the custos breuium and the chirogropher whereof the chirogropher keepeth alwaies with him the writ of couenant and the note the custos breuium keepeth the concord and the foote of the fine vpon the which foote the chirographer doth cause the proclamations to be indorsed when they be all proclaymed This office is in the princes gift Custos placitorum coronae Bracton li. 2. ca. 5. This seemeth to be all one with him whome we nowe call custos rotulorum of this officer I finde mention in the writ odio atia Register original fo 133. b. Custos rotulorum is he that hath the custodie of the rols or records of the sessions of peace and as some thinke of the commission of the peace it selfe Lamb. Eirenarch li. 4. ca. pa. 3. 373. He is alway a Iustice of Peace and Quorum in the countie where he hath his office Idem eodem and by his office he is rather termed an officer or minister then a iudge because the commission of the peace layethe by expresse words this especiall charge vpon him quòd ad dies locapraedicta breuia praecepta processus indictamenta praedicta coramte dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this office Custos of the spiritualties custos spiritualitatis vel spiritualium is he that exerciseth the spirituall or ecclesiasticall iurisdiction of any dioces during the vacancie of the See the appointment of whome by the canon lawe apperteineth to the deane and chapter ca. ad abolendam Extra Ne sede vacante aliquid innovetur but with vs in England to the Archbishop of the province by prescription How be it divers deanes and chapters if M. Gwin say truly in the preface to his readings doe chalenge this by awncient charters from the kings of this land Cutter of the talyes is an officer in the exchequer that provideth wood for the talyes and cutteth the summe paid vpon them and then casteth the same into the Court to be written vpon DA DAmmage commeth of the french dam or domage signifiing generally any hurt or hinderance that a man taketh in his estate But in the common lawe it particularly signifieth a part of that the Iurours be to inquire of passing for the plaintiffe or demandant in a ciuile action be it personall or reall For after verdict giuen of the principall cause they are likewise asked their consciences touching costs which be the charges of suite called of the Civilians expensae litis and dammages which conteine the hindrance that the plaintiffe or demandant hath suffered by meanes of the wrong done to him by the defendant or tenent Dane guilt Danegold or Danegelt Danegeldum is compounded of Dane and gelt i. pecunia and was a tribute laide vpon our ancesters of 12. pence for euerie hide of land through the realme by the Danes that once got the masterie of vs in regard as they pretended of clearing the sease of pyrates which greatly annoyed our land in those daies Cambd. Brittan 83. with whome agree the lawes of Edward set out by M. Lamberd ca. 11. Stowe in his annals pa. 118. saith that this tribute came to 40000. pownds by the yeare and that it was released by Edw. the confessour The author of the newe Terms of law saith that this tribute began in the time of king Etheldred who being sore distressed by the continuall inuasion of the Dane to procure his peace was compelled to charge his people with importable payments For first he gaue them at fiue severall paiments 113000. poundes and afterward graunted them 48000. poundes yeerely See Roger Houeden parte poster suorum annalium in Henrico secundo fo 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. vltimu◠Darrein presentment vltima praesentatio See Assise or darreyn presentment Dates dactyli is the plumme or fruite of the tree in latine called palma in english the Date tree well knowne to most men by sight And he that will farder vnderstand the nature or diuersities of this fruite may repaire to Gerards herball li. 3. ca. 131. They be numbred among
nat br fol. 138. To this is answerable in some sort actio depositi in the ciuile lawe And hee taketh his action of ditinew that intendeth to recouer the thing deliuered and not the dammages sustained by the detinew Kitchin fol. 176. See the new booke of Entries verbo Detinew Devastaverunt bona testatoris is a writ lying against executors for paying Legacies and debts without specialties to the preiudice of the creditours that haue specialties before the debt vpon the said specialties be due For in this case the executors are as lyable to action as if they had wasted the goods of the testatourriotously or without cause New termes of lawe Devest devestire is contrarie to Invest For as Investire signifieth possessionem tradere So devestire is possessionem auferrâ— feud libro primo cap. 7. Devise aliâs divise commeth of the French diviser i. disperâ—iri discernere separare distinguere as diviser par ci par la distribuere This word is properly attributed in our common lawe to him that bequeathes his goods by his last will or testament in writing and the reason is because those that now appertain onely to the Devisour by this act are distributed into many parts Wherefore I thinke it better written divise theÌ„ deuise howbeit it were not absurd to deriue this word from the French deuiser i. sermocinari fabulari consilium conferre For in this sence it agreeth in some sort with the nature of the act of the testator and with the Etymologie of a testament set downe by Iustinian who saith that testamentum is quaesi mentis testatio titulo de Testa ordinan in Institut and testatio mentis cannot be so well as by talke and conference with our wise and skilfull friends Devoires of Cales anno 2. R. 2. Stat. 1. cap. 3. anno 5. eiusdem stat 2. cap. 2. were the customes due to the king for merchandize brought to or caried out from Caleis when our Staple was there The word is French signifying as much as officium dutie Devorce aliâs divorce divortium is with our common Lawyers accompted that separation betweene two de facto maried together which is à vinculo matrimonii non solùm à mensa thoro And therefore the woman so divorced receiueth al againe that shee brought with her This is not but onely vpon a nullitie of the mariage through some essentiall impediment as consanguinitie or affinity within the degrees forbidden precontract impotencie or such like See the new Tearmes of lawe Diem clausit extremum is a writ that lyeth for the heyre of him that holdeth land of the Crowne either by Knights seruice or in soccage and dyeth be he vnder or at full age directed to the escheatour of the county for inquirie to bee made by him of what estate the partie deceased was seised and who is next heyre vnto him and of what valew the land is The forme thereof and other circumstances you may learne in Fitzh nat br fol. 251. Dyer was a learned Lawyer and Lord chiefe Iustice of the Common plees in the dayes of Queene Elizabeth who writ a booke of great accompt called his Commentaries or Reports Dies datus is a respight giuen to the tenent or defendant before the court Brooke titulo Continuance Dicker of lether is a quantitie consisting of tenne hides The name may seeme to come from the Greeke decas which is also a Latine word signifying tenne in number Dignitie ecclesiasticall dignitas ecclesiastica is mentioned in the statute anno 26. H. 8. cap. 3. and is by the Canonists defined to be administratio cum iurisdictione potestate aliqua coniuncta Glos in cap. 1. de consuet iu sexto whereof you may reade diuers examples in Duarenus de sacris eccles minist benefic lib. 2. cap. 6. Dioces dioecesis is a Greeke word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth with vs the circuit of euery Bishops iurisdiction For this realme hath two sorts of diuisions one into Shyres or Counties in respect of temporall policie another into Diocesses in respect of iurisdictioÌ„ ecclesiasticall Dieta rationabilis is in Bracton vsed for a reasonable daies iourney lib. 3. parte 2. chap. 16. It hath in the ciuile law diuers other significations not needfull heere to be set downe v. vocab vtirusque iuris Dimy haque See Haque Disalt signifieth as much as to disable Litleton in his chapter of Discontinance Disceite See deceite and deceptione See the new booke of Entry verbo Disceit Discent Discensus in the french Descente signifieth in the common law an order or means whereby lands or tenements are deriued vnto any man from his auncestours as to make his discent from his Auncestours Old nat br fol. 101. is to shew how and by what degrees the land in question cam to him from his auncestours as first from his great grandfather to his grandfather from his grandfather to his father and so to him Or in such other like sort This discent is either lineall or collaterall Lineall discent is conueied downeward in a right line from the Grandfather to the father and from the father to the sonne and from the sonne to the Nephew c. Collaterall discent is springing out of the side of the whole blood as Grandfathers brother fathers brother c. See the new Tearmes of law Disclamer Disclamium is a plee containing an expresse deniall or refusall as if the tenent siew a replevin vpon a distresse taken by the lord and the lord avow the taking of the distresse saying that he houldeth of him as of his Lord and that he distreined for rent not paid or seruice not perfourmed then the tenent denying himselfe to hould of such Lord is said to disclaime and the Lord prouing the tenent to hould of him the tenant leeseth his land Tearmes of law Of this see Skene de verb signif verbo Disclamation Also if a man deny himselfe to be of the blood or kindred of another in his plee he is said to disclaime his blood Eitzh nat br fol 197. G. See Brooke titulo Disclaimer If a man arraigned of felonie do disclaime goods being cleared he leeseth them Stawnf pl. cor fol. 186. See the new booke of Entries verbo Disclamer Discontinuance Discontinuatio commeth of the french Discontinuer i. cessare intermittere and signifieth in the common law nothing els but an interruption or breaking of as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not then to define the thing The effect of discontinuance of possession is this that a man may not enter vpon his owne land or tenement alienated whatsoeuer his right be vnto it of his owne selfe or by his owne authority but must bring his writ and seeke to recouer possession by law Examples you may haue store in his Terms of law verbo Discontinuance And in Litleton
i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the degrees and in case of a more remote seisin whereunto the other three degrees do not extend The writ in the second degree is called a writ of entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the writ brought against an Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
to a tenent for terme of life shall inure to him in the Reuersion Erius alius Iris is the flower de luce whose diuers kindes you haue expressed in Gerards herball lib. 1. ca. 34. The roote of this is mentioned among merchandize or drugs to be garbled anno 1. laco ca. 19. Ermins seemeth to come of the french Ermine i. mus araneus it signifieth a furre of great price Erminstreate See Watlingstreate Errant Itinerans commeth of the french Errer i. errare or the ould word Erre i. iter It is attributed to Iustices of circuit pl. cor f 15. and Baylifes at large See Iustices in Eyre and Baylife See also Eyre Errour Error commeth of the french Erreur and signifieth more specially in our common law an errour in pleading or in the proces Brooke titulo Errour And thereuppon the writ which is brought for remedy of this ouersight is called a writ of error in Latine De errore corrigendo thus defined by Fitz. in his nat br fol. 20. A writ of errour is that properly which lyeth to redresse false iudgement giuen in any court of record as in the common bench London or other citie hauing power by the kings charter or prescription to hold plee of debt See the new booke of Entries verbo Error or trespasse aboue the summe of twenty shillings This is borowed from the French practise which they call proposition d'erreur Wherof you may reade in Gregorius De appellation pag. 36. In what diuersitie of cases this writ lyeth see the Register originall in the Table verb. Errore corrigendo and Register iudiciall fol. 34. There is likewise a writ of errour to reuerse a fine West parte 2 sect symbol titulo Fines 151. Errore corrigendo See Errour Escambio is a licence graunted to one for the making over of a Bill of Exchange to a man ouer Sea Register original fol. 194. a. Escape Escapium commeth of the French Eschapper i. aufugere effugere and signifieth in the lawe a violent or priuie evasion out of some lawfull restraint For example if the Shyreeue vpon a Capias directed vnto him take one and indeavour to carie him to the Gaol and he in the way either by violence or by slight breake from him this is called an Escape pl. cor fol. 70. Many examples might bee brought out of him and others but the thing is plaine Stawnford lib. 1. ca. 26. pl. cor nameth two kindes of Escapes voluntarie negligent Voluntarie is when one aresteth another for felonie or some other crime and afterwards letteth him goe whither he listeth In which escape the partie that permitteth it is by lawe guiltie of the fault committed by him that escapeth be it felonie treason or trespas Negligent escape is when one is arrested and afterward escapeth against his wil that arrested him and is not pursued by fresh suite and taken againe before the partie pursuing hath lost the fight of him Idem cap. 27. but there read more of this mater for there be doubts worth the consideration And of the course of punishment by the ciuill lawe in this point reade in practica criminali Claudii de Battandier reg 143. reade also Cromptons Iustice fol. 35. b. fol. 36. 37. and read the newe Termes of lawe There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forest is deliuered of that punishment which by order of the forest lieth vpon those whose beasts be found within the land forbidden Cromptons Iurisdict fo 196. Eschequer Scaccarium commeth of the French Eschequier i. abacus tabula lusoria and signifieth the place or court of all receipts belonging to the crowne and is so termed as I take it by reason that in auncient times the accomptants in that office vsed such tables as Arithmeticians vse for their calculations for that is one fignification of Abacus amonst others Polidor Virgil. lib. 9. histo Anglo saith that the true word in latine is Statarium and by abuse called Scaccarium In mine opinion it may well seeme to be taken from the German word schatz signifiing as much as the saurus or fiscus And from this fountaine no doubt springeth the Italian word Zeccha signifiing a mynt and Zeccherii aliàs Zecchieri the officers thereunto belonging Descis Geruen 134. M. Cam. in his Britan. p. 113. saith that this court or office tooke the name à tabula ad quam assidebant proouing it out of Geruasius Tilburiensis whose words you may read in him This court is taken from the Normans as appeareth by the grand Custumarie cap. 56. where you may finde the Eschequier thus described The Eschiquier is called an assemblie of high Iusticiers to whome it appertaineth to amend that which the Baliffes and other meaner Iusticiers haue euill done and vnaduisedly iudged and to doe right to all men without delaie as from the princes mouth Skene de verbo significatione verbo Scaccarium hath out of Paulus Aemilius these words Scaccarium dicitur quasi Statarium quòd homines ibi in iure sistantur vel quòd sit stataria perennis Curia cum ceterae curiae essent indictivae nec loco nec tempore statae where he saith also of himselfe that in Scotland the Eschequer was stable but the other session was deambulatorie before Iames the 5. qui instituit Statariam curiam cum antea esset indictiva he addeth farder Others thinke that Scaccarium is so called a similitudine ludi Scaccorum that is the play of the chests because many persons meete in the Chequer pleading their causes one against the other as if they were fighting in an arraied battaile Others think that it commeth from an old Saxon word Scata as writeth S. Thomas Smith which signifieth treasure taxation or imposts whereof accompt is made in the Chequer This court consisteth as it were of 2. parts whereof one is conuersant especially in the iudiciall hearing and deciding of all causes appertaining to the princes cofers aunciently called Scaccarium computorum as Ockam testifieth in his lucubration the other is called the receipt of the Eschequer which is properly imploied in the receiuing and paiment of money Crompton in his Iurisdictions fo 105. defineth it to be a court of record wherein al causes touching the reuenewes of the crown are handled The officers belonging to both these you may find named in M. Camdens Britannia ca. Tribunalia Angliae to whome I referre you The kings exchequer which now is setled in Westminster was in diuers countries of Wales anno 27. H. 8. ca. 5. but especially ca. 26. Escheate Eschaeta cōmeth of the French escheoir i. cadere accidere excidere and signifieth in our common lawe any lands or other profits that fall to a Lord within his maner by way of forfeiture or the death of his tenēt dying without heire generall or especiall or leauing his heire within age or vnmaried Magna chart ca. 31. Fitzh nat br fol. 143. T. c. Escheate is also vsed
See Fitzh nat br fol. 198. L. Exigendarie of the common banke Exigendarius de banco comuni is otherwise called Exigenter anno 10. H. 6. cap. 4. and is an officer belonging to that court for the which see Exigenter Exigent Exigenda is a writ that lyeth where the defendant in an action personall cannot be found nor any thing within the county whereby to be attached or distrained and is directed to the Shyreeue to proclaime and call fiue county daies one after another charging him to appeare vnder the paine of outlawrie Termes of the law This writ lyeth also in an indictment of felony where the party indicted cannot be found Smith de Rep. Angl. li. 2. ca. 19. It seemeth to be called an Exigent because it exacteth the party that is requireth his expearance or forth-comming to answer the lawe for if he come not at the last daies proclamation he is saide to be quinquies exactus and then is outlawed Crompton Iurisd fol. 188. and this M. Manwood also setteth downe for the law of the forest parte i. of his forest lawes pag. 71. See the new booke of Entries verbo Exigent Exigenter Exigendarius anno 18. H. 6. ca. 9. is an officer of the court of common plees of whom there be foure in number They make all Exigents and proclamations in all actions where proces of outlawrie doth lie and writs of supersedeas as well as the protonotaries vpon such exigents as were made in their offices Ex mero motu are words formally vsed in any charter of the Prince whereby he signifieth that he doth that which is cōtained in the charter of his owne will and motion without petition or suggestion made by any other And the effect of these words are to barre al exceptions that might be taken vnto the instrument wherein they be contained by alledging that the Prince in passing that charter was abused by any false suggestion Kitchin fol. 151. Exoneratione sectae is a writ that lyeth for the kings ward to be disburdened of all suite c. to the Countie Hundred Leet or court Baron during the time of his wardship Fitz. nat br fol. 158. Exparte latis is a writ that lyeth for a Bayliffe or Receiuer that hauing Auditours assigned to heare his accompt cannot obtaine of them reasonable allowance but is cast into prison by them Regist fol. 137. Fitzh nat br fol. 129. The maner in this case is to take this writ out of the Chauncerie directed to the Shyreeue to take foure mainperuours to bring his bodie before the Barons of the Echequer at a day certaine to warn the Lord to appeare at that time Newe Tearmes of the lawe verb. Accompt Expectant is vsed in the common lawe with this word fee and thus vsed it is opposite to Fee-simple For example lands are giuen to a man and his wife in franke mariage to haue and to hold to them and their heires In this case they haue Fee simple But if it be giuen to them and the heires of their body c. they haue tayle and see expectant Kitchin fol. 153. Mathaeus de afflictis vseth the Adiectiue expectativa substantiuely in the same signification Descis 292. num 2. pag. 412. Explees See Espleese Expeditate expeditare is a word vsuall in the Forest signifiing to cut out the balles of the great dogges feet for the preseruation of the Kings game Euery one that keepeth any great dogges not expeditated forfeiteth to the king 3. shillings 4. pence Crompt iurisd fol. 152. M. Manwood vseth the same word parte prim of his Forest lawes pag. 205. and pag. 212. he setteth downe the manner of expeditating dogges heretofore viz. Quòd tres ortelli abscindantur sine pellota de pede anteriori i. that the three clawes of the sorefoot on the right side shall be cut off by the skinne whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same maner of expeditating of dogges shall be still vsed and kept and none other Quaere whence it groweth that M. Crompton and hee differ the one saying that the ball of the foote it cut out the other that the three foreclawes are pared off by the skinne Expensis militum levandis is a writ directed to the shyrecue for levying the allowance for Knights of the Parlament Register original fol. 191. b. Expensis militum non levandis ab hominibus de antiquo dominico nec à natiuis is a writ whereby to prohibite the Shyreeue from levying any allowance for the Knights of the Shire vpon those that hold in auncient demesn c. Regist orig fol. 261. b. Extend extendere commeth of the French estendre i. dilatare dispandere distendere and signifieth in our common lawe to valew the lands or tenements of one bound by statute c. that hath forfeited his bond to such an indifferent rate as by the yearely rent the obligour may in time be paide his debt The course and circumstances of this see in Fitzh nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a writ ordinarily called a writ of extent whereby the valew of lands c. is commaunded to be made and leavied in divers cases which see in the table of the Register originall Extent extenta hath two significations sometime signifiing a writ or commission to the shyreeue for the valuing of lands or tenements Register iudiciall in the Table of the booke sometime the act of the Shyreeue or other Commissioner vpon this writ Brooke titulo Extent fol. 313. Extinguishment in our common law signifieth an effect of consolidation For example if a man haue due vnto him a yearely rent out of any lands and afterward purchase the same lands now both the property and rent are consolidated or vnited in one possessour and therefore the rent is said to be extinguished In like maner it is where a man hath a lease for yeares and afterwards buyeth the property this is a consolidation of the property and the fruites and is an extinguishment of the lease See the terms of lawe Extirpatione is a writ Iudiciall that lyeth against him who after a verdict found against him for land c. doth maliciously ouerthrow any house vpon it c. and it is two-fold one ante iudicium the other post iudicium Register iudiciall fol. 13. 56. 58. Extortion Extortio signifieth in our common law an vnlawfull or violent wringing of mony or mony worth from any man For example if any officer by terrifiing any the kings subiects in his office take more then his ordinary duties he committeth and is inditeable of extortion To this by M. Wests iudgment may be referred the exaction of vnlawfull vsurie winning by vnlawfull games and in one word all taking of more then is due by colour or pretence of right as excessiue tolle in milners excessiue prices of ale bread victuals wares c. West parte 2. Simbol titulo Indictments sect 65. M
Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse coÌ„mitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno breâ—â—im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata â—bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must â—bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery tenent to be true to the Lord of whom he holdeth his land And he that holdeth land by this onely oath of fealty holdeth in the freest maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.
num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of this oath as it is vsed among the feudists you may reade well expressed by Zasius in his Tractate de feudis part 7. num 15. 16. which is woorth the comparing with the vsuall oath taken here in our part of Britannie This fealtie is also vsed in other nations as the Lombards and Burgundians Cassanaus de consuet Burgund pag. 419. 420. And indeed the very first creation of this tenure as it grew from the loue of the lord toward his followers so did it bind the tenent to fidelitie as appeareth by the whole course of the feods And the breach thereof is losse of the fee. Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecius in tract de feudis cap. 15. num 4 seqq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hotoman in his Commentaries De verbis feudalibus sheweth a double fealtie one generall to be performed by euery subiect to his prince the other speciall required only of such as in respect of their fee are tyed by this oath toward their landlords both we may reade of in the grand Customary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Vnde tenentur se ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec eius inimicis praebere contra ipsum consilium vel iuvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Vnde nullus homag ium vel fidelitatem alicuius potest recipere nisi salva Principis fideliiate Quod etiam est in eorum receptione specialiter exprimendum Inter Dominos autem alios homines fides taliter debet obseruari quòd neuter in personam alterius personalem violentiam seu percussionis iniectionem cum violeÌ„tia debet irrogari Si quis eâ—â—m eoruÌ„ ex hoc fuerit accusatus in curia conuictus feudum omne debet amittere c. This fealty speciall is with vs performed either by free men or by villeines The forme of both see anno 14. Ed. 1. stat 2. in these words when a freeman shall doe fealty to his lord he shall hould his right hand vpon a booke and shal say thus Heare you my lord R. that I. P. shal be to you both faithfull and true and shall owe my fealty to you for the land that I hould of you at the terms assigned So help me god and all his saints When a villaine shall doe fealty vnto his lord he shall hould his right hand ouer the booke and shall say thus Heare you my lord A. that I. B. from this day forth vnto you shal be true and faithfull and shall owe you fealty for the land that I hould of you in villenage and shal be iustified by you in body and goods So helpe me god all his Saints See the Register originall fol. 302. a. Fee Feodum aliâs Feudum commeth of the French Fief i. praedium beneficiarium vel res clientelaris and is vsed in our common lawe for all those lands which we hold by perpetuall right as Hotoman well noteth verbo Feodumide verbis fâ—udalibus our auncient lawyers either not obseruing wheÌ„ce the word grew or at the least not sufficieÌ„tly expressing their knowledge what it signified among them from whome they tooke it Feudum whence the word Fief or fee commeth signifieth in the German language beneficium cuius nomine opera quaedam gratiae testifieandae causa debentur Hotoman disput ca. 1. And by this name goe all lands tenements that are held by any acknowledgement of any superioritie to a higher Lord. They that write of this subiect doe diuide all lands and tenements wherein a man hath a perpetuall estate to him and his heires c into Allodium Feudum Allodium is defined to be euerie mans owne land c. which he possesseth meerely in his owne right without acknowledgement of any seruice or paiment of any rent vnto any other and this is a propertie in the highest degree and of some it is called allaudium ab a privatiua particula laudum vel laudatio vt sit praedium cuius nullus author est nisi deus Est enim laudare vel Nouio teste nominare Quod Budaeus docuit ad Modestinum l. Herennius 63. Î . de haere institu Prataeus verbo Allaudium Hotoman in verb. feuda Feudum is that which we hold by the benefite of another and in the name whereof we owe seruice or pay rent or both to a superior lord And all our land here in England the Crowne land which is in the kings owne hands in the right of his crowne excepted is in the nature of Feudum or fee for though many a man hath land by descent from his Auncestors and many another hath dearely boughtland for his money yet is the land of such nature that it cannot come to any either by discent or purchase but with the burtheÌ„ that was laid vpon him who had novel fee or first of all receiued it as a benefite from his Lord to him and to all such to whome it might discend or any way be conueied from him So that if we will reckon with our host as the proverbe is there is no man here that hath directum dominium i. the very propertie or demaine in in any land but the prince in the right of his crowne Camd. Britan pag. 93. for though he that hath fee hath ius perpetuum vtile dominium yet he oweth a dutie for it therefore is it not simply his owne Which thing I take those words that we vse for the expressing of our deepest right in any lands or tenements to import for he that can say most for his estate saith thus I am seised of this or that land or tenement in my demaine as of fee. Seisitus inde in dominico meo vt de feudo and that is as much as if he said it is my demaine or proper land after a sort because it is to me and mine heires forever yet not simply mine because I hold it in the nature of a benefite from another yet the statute anno 37. H. 8. ca. 16. vseth these words of lands invested in the crowne but it proceedeth from the ignorance of the nature of this word fee for fee cannot be without fealty sworne to a superiour as you may reade partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman
craftie wilie or subtill sometime as much as artificiall curious singular exact or perfect as Rien contrefaict fin i. nihil simulatum aut adimitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as is set downe in that worke truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 115. so that this fine force with vs seemeth to signifie an absolute necessitie or constreint not avoidable and in this sence it is vsed old nat br fol. 78. and in the statute anno 35. H. 8. ca. 12. in Perkins Dower fo 321. and Plowden fo 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a writ to Iustices for the disanulling of a fine levied of lands holding in auncient demesn to the preiudice of the Lord Register originall fol. 15. b. Fine capiendo pro terris c. is a writ lying for one that vpon conviction by a Iury hauing his lands and goods taken into the kings hand and his body committed to prison obteineth fauour for a summe of money c. to be remitted his imprisonment and his lands and goods to be redeliuerd vnto him Register orig fo 132. a. Fine levando de tenementis tentis de Rege in capite c. is a writ directed to the Iustices of the coÌ„mon plees whereby to licence them to admit of a fine for the sale of land holding in capite Regist originall fol. 167. a. Fine non capiendo pro pulchre placitando is a writ to inhibit officers of courts to take fines for faire pleading Register original fol. 179. See Beau pleder Fine pro redisseisina capienda c. is a writ that lieth for the release of one laid in prison for a redisseisin vpon a reasonable fine Register originall fol. 222. Finarie See Blomarie Finours of gold and siluer be those that purifie and part those metals from other courser by fire and water anno 4. H. 7. ca. 2. They be also called parters in the same place sometime departers Fireboote for the composition looke Hayboote It signifieth allowance or Estovers of woods to maintaine competent fire for the vse of the tenent First fruites primitiae are the profits of every spirituall liuing for one yeare giuen in auncient time to the Pope throughout all Cristendome but by the statute anno 26. H. 8. cap. 3. translated to the Prince for the ordring wherof there was a court erected an 32. H. 8. ca. 45. but this court was dissolued anno pri Mar. sess 2. ca. 10. sithence that time though those profits be reduced againe to the crowne by the statute anno 1. Eliz. ca. 4. yet was the court neuer restored but all maters therein wont to be handled were transferred to the Exchequer See Annats Fishgarthe anno 23. H. 8. ca. 18. Fitche See furre Fitzherberd was a famous lawyer in the daies of King Henry the eight and was chiefe Iustice of the common plees he wrot two worthie bookes one an abridgement of the common lawes another intituled de Natura brevium Fledâ—it commeth of the Saxon word Fled that is a fugitiue wit which some make but a termination signifiing nothing of it selfe how be it others say it signifieth a reprehen sion censure or correction It signifieth in our auncient lawe a discharge or freedome from amercements when one hauing been an outlawed fugitiue commeth to the peace of our Lord the King of his owne accord Rastall Exposition of words or being licensed Newe termes of lawe See Bloodwit and Childwit See Fletwit Fleete Fleta is a famous prison in London so called as it seemeth of the riuer vpon the side whereof it standeth Camden Britannia pag. 317. Vnto this none are vsually committed but for contempt to the king and his lawes or vpon absolute commaundemeÌ„t of the king or some of his courts or lastly vpoÌ„ debt when men are vnable or vowilling to satisfie their creditours Flemeswit or rather Fleherswit commeth of the Saxon word Flean which is a contract of Flegen that is to flie away It signifieth with our lawyers a libertie or charter whereby to chalenge the catel or amercements of your man a fugitiue Rastall Exposition of words See Bloodwit Fleta writeth this word two other waies as Flemenesfree vie or Flemesfreicthe and interpreteth it habere catalla fugitivorum li. 1. ca. 47. Fleta is a feigned name of a learned lawyer that writing a booke of the common lawes of England and other antiquities in the Fleete termed it thereof Fleta He seemeth to haue liued in Ed. the 2. time and Edw. the 3. idem li. 1. ca. 20. § qui ceperint li. 2. ca. 66. § item quod nullus Fletwit aliâs Fredwit Skene de verborum significatione verb. Melletum saith that Flichtwit is a libertie to courts and to take vp the amercements pro melletis he giueth the reasoÌ„ because Flicht is called Fliting in french Melle which sometime is conioyned with hand-strookes And in some bookes Placitum de melletis is called the moote or plee of beating or striking Flight See Finer Florences anno 1. R. 3. ca. 8. a kinde of cloth so called Flotsen aliâs Flotzam is a word proper to the sease signifiing any goods that by shipwrecke be lost and lie floting or swimming vpon the toppe of the water which with Ietson and lagon and shares be giuen to the Lord Admirall by his leters patents Ietson is a thing cast out of the shippe being in daunger of wrecke and beaten to the shore by the waters or cast on the shore by the marriners Coke vol. 6. fo 106. a. Lagon aliâs Lagam vel Ligan is that which lyeth in the bottome of the sea Coke ibi Shares are goods due to more by proportion Foder fodrum signifieth in our English tongue a course kinde of meate for horses and other catell But among the Feudists it is vsed for a prerogatiue that the prince hath to be provided of corn and other meate for his horses by his subiects towards his wars or other expeditions Arnoldus Clapmarius de arcanis imperii lib. 1. ca. 11. And reade Hotoman de verbis feudalibus litera F. Folgheres or rather Folgers be folowers if we interpret the word according to the true signification Bracton saith it signifieth eos qui alii deserviunt lib. 3. tract 2. cap. 10. Folkmoote is a Saxon word compounded of Folk i. populus Gemettan i. convenire It signifieth as M. Lamberd saith in his explication of Saxon words verbo Conuentus two kind of Courts one nowe called the countie court the other called the Shyreeues turne This word is still in vse among the Londoners and signifieth celebrem ex omni ciuitate conuentum Stowe in his Suruey of London but M. Manwood in his first part of forest lawes pag. 111. hath these words Folkemote is the court holden in London wherein all the folke and people of the citie did complaine on
Frauk almoine libera Eleemozyna in french frank Ausmone signifieth in our common lawe a tenure or title of lands Britton cap. 66. nu 5. saith thus of it Franke almoyne is lands or tenements bestowed vpon God that is giuen to such people as bestow themselues in the seruice of God for pure and perpetuall almes whence the feoffours or giuers cannot demaund any terrestriall seruice so long as the lands c. remaine in the handes of the feoffees With this agreeth the grand custumary of Normandie cap. 32. Of this you may reade Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol. 211. See the new booke of Entries verbo Franke Almoine But Britton maketh another kind of this land c. which is giuen in almes but not free almes because the tenents in this are tyed in certain seruices to the feoffor Pritton vbisupra Frank bank francus bancus in true french franc banc signifieth word for word a free bench or seate and among our lawe writers it seemeth to be vsed for copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol. 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these wordes Consuetudo est in partibus illis quòd vxores maritorum defunctorum habeant francum bancum suum de terris sockmannorum tenent nomine dotis Fitzher calleth it a custome whereby in certaine cities the wise shall haue her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a libertie of free chase whereby all men hauing ground within that compasse are prohibited to cut downe wood or discouer c. without the view of the forester though it be his owne demesne Cromptons Iurisdictions fol. 187. Frank fee feudum francum seu liberum is by Brooke tit Dimesn num 32. thus expressed That which is in the hand of the King or Lord of any maner being auncient demesn of the Crowne viz. the Demesnes is called frank fee and that which is in the hands of the tenents is auncient demesn onely see the Register original fol. 12. a. Whereby it seemeth that that is frank see which a man holdeth at the common lawe to himselfe and his heires and not by such seruice as is required in auncient demesn according to the custome of the maner And again I find in the same booke fol. 14. b. a note to this effect that the lands which were in the handes of king Edward the Saint at the making of the booke called Doomesday is auncient demesn and that all the rest in the realme is called frank fee with the which note Fitzherb agreeth na br fol. 161. E. So that all the land in the realme by this reason is either auncient demesn or frank fee. The new expounder of the lawe termes defineth frank fee to be a tanure in fee simple of lands pleadable at the common lawe and not in auncient demesn See Fachineus lib. 7. cap. 39. who defineth feudum francum esse pro quo nullum seruitium praestatur Domino with whom agreeth Zasius de fendis parte 12. saying that therefore it is feudum improprium quia ab omni seruitio liberum Frank ferme Firma libera is land or tenement wherein the nature of fee is chaunged by feofment out of knights seruice for certaine yearely seruices and whence neither homage wardship mariage nor releife may be demaunded nor any other seruice not contained in the feofment Britton ca. 66. nu 3. see Fee ferme Frank law libera lex See Cromptons Iustice of peace fol. 156. b. where you shall finde what it is by the contrary For he that for an offence as conspiracy c. leeseth his franke lawe is said to fall into these mischiefs first that he may neuer be impaneled vppon any iury or assise or otherwise vsed in testifiing any truth Next if he haue any thing to doe in the kings court he must not approch thither in person but must appoint his attourney Thirdly his lands goods and chatelsmust be seised into the kings hands and his lands must be estreaped his trees rooted vp and his body committed to prison For this the said authour citeth the booke of Assises fo 59. Conspiracy F. 11. 24. Ed. 3. fo 34. See Conspiracy Frank mariage liberū maritagiū is a tenurein taile speciall growing from these words in the gift comprised Sciant c. me M. H de W. dedrsse concessisse praesenti charta mea confirmasse I. A. filio meo Margeriae vxori eius filiae verae T. N. in liberū marit agium vnum messuagium c. West parte i. Symbol li. 2. sect 303. The effect of which words is that they shall haue the land to them and the heires of their bodies and shall doe no fealty to the donour vntill the fourth degree See new Terms of law Glanuile li. 7. ca. 18. Bracton li. 2. ca. 7. nu 4. where he diuideth maritagium in liberum seruitio obligatum See Mariage Fleta giueth this reason why the heires doe no seruice vntill the fourth discent ne donatores vel eorum haeredes per homagii receptionem a reuersione repellantur And why in the fourth discent and downeward they shall doe seruice to the donour quia in quarto gradu vehementer praesumitur quòd terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frankpledge Franoiplegium is compounded of Franc. i. liber and pleige i. fideiussor and signifieth in our common law a pledge or surety for free men For the auncient custome of England for the preseruation of the publique peace was that euery free borne man at fourteene yeares of age after Bracton religious persons clerks knights and their eldest sonnes excepted should finde suerty for his truth toward the King and his subiects or else be kept in prison whereupon a certaine number of neighbours became customably bound one for another to see each man of their pledge forthcomming at all times or to answere the transgression committed by any broken away So that whosoeuer offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his aunswere or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. houshouldes And euery particular person thus mutually bound for himselfe and his neighbours was called Decennier because he was of one Decenna or another This custome was so kept that the shyreeues at euery county court did from time to time take the oaths of yonge ones as they grew to the age of 14. yeares and see that he were combined in one dozen or another whereupon this braunch of the shyreeues authority was called visus Franciplegu view of frankpledge See
beast very like the Sable the skinne something courser it liueth in all countries that be not too cold as England Ireland c. and the best be in Ireland Miniuer is nothing but the bellies of Squirels as some men say others say it is a litle vermin like vnto a Wesell milke white and commeth from Muscovie Fitch is that which we otherwise call the Polecat here in England Shankes be the skinne of the shanke or legge of a kind of Kidde which beareth the furre that we call Budge Calaber is a litle beast in bignes about the quantitie of a squirell of colour gray and bred especially in high Germanie G GAbell gabella gablum commeth of the French gabelle i. vectigal and hath the same signification among our old Writers that gabelle hath in Fraunce for M. Camden in his Britannia pag. 213. speaking of Wallingford hath these words Continebat 276. hagas i. domos reddentes novem libras de gablo and pag. 282. of Oxford these Haec vrbs reddebat pro telonio gablo aliis consuetudinibus per annum Regi quidem viginti libras sex sextarios mellis Comiti verò A'garo decem libras Gabella as Cassanaeus defineth it de consuetu Burgund pag. 119. Est vectigal quod solvitur probonis mobilibus id est pro hiis quae vehuntur distinguishing it from Tributum quia Tributum est propriè quod fisco vel Principi solvitur pro rebus immobilibus Gage vadium commeth of the French gager i. dare pignus pignore certare and is it selfe a French word nothing chāged but in pronunciation It signifieth with vs also a pawne o◠pledge Glanvile lib. 10. cap. 6. where he saith thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles and a litle after that thus Invadiatur res quandoque ad terminum quandoque sine termino Item quandoque invadiatur res aliqua in mortuo vadio quandoque non And from that chapter to the end of the twelfth in the same booke he handleth this only thing Though the word gage be retained as it is a substantiue yet as it is a verbe the vse hath turned the G. into W. so as it is oftener written wage as to wage deliuerance that is to giue securitie that a thing shall be deliuered For if he that distrained being siewed haue not deliuered the catell that were distrained then he shall not onely avow the distresse but gager deliuerance i. put in suretie that he will deliuer the catell distrained Fitzh nat br fol. 74. D. 67. F. whome see also fol. 67. F. G. yet in some cases he shall not by tyed to make this securitie as if the catell died in pound Kitchin fol. 145. or if he claime a propertie in the catell siewed for Termes of the lawe To wage lawe what it is see in his place verbo Lane See Mortgage Gager deliuerance See Gage Gayle See Gaoll Gainage Wainagium is neere to the French Gaignage i. quaestus lucrum and signifieth in our common lawe the land held by the baser kind of Sokemen or villeines Bract. lib. 1. cap. 9. where he hath these words speaking of seruants Et in hoc legem habent contra dommos quòd stare possunt in iudicio contra eos de vita membris propter saeuitiam dominorum vel propter intolerabilem iniuriam Vt si eos distruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And againe lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictū fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in Westm 1. cap. 6. an 3. Ed. prim is called Gaynure and againe cap. 17. and in magna charta cap. 14. it is called wainage I find it in the old nat br fol. 117. called Gainor viz. in these words The writ of Aile was praecipe c. quòd reddat vnam bovatam terrae vnam bovatam marisci and the writ was abated for that the oxegang is alwaies of a thing that lyeth in gainor I thinke this word was vsed of lands vsually plowed because they that had it in occupation had nothing of it but the profit and fruite raised of it by their owne paines toward their suste nance nor any other title but at the Lords will Gainor again in the same booke fol. 12. is vsed for a Sokeman that hath such land in his occupation In the 32. chapter of the Grand Custumarie of Normandie Gaigneurs be ruricolae qui terras eleemozin at as possident and Britton vseth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoueries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13. Ed. 3. fol. 3. nor de selione terrae Ed. 1. for the vncertaintie because a selion which is a land sometime containeth an acre sometime halfe an acre sometime more and sometime lesse It lyeth not of a garden cotage or croft 14. Assis 13. 8. H. 63. 22. Ed. 4. 13. de virgata terrae 41. 43. 13. Ed. 3. de fodina de minera de mercatu 13. E. 3. for they bee not in demesn but in gaine c. Lastly in the statute of Distresses in the Exchequer anno 51. H. 3. I find these words No man of religion nor other shall be distreined by his beasts that gaine the land Galege galicae seemeth to come of the French galloches which signifieth a certaine kinde of shoo worne by the Gaules in soule weather of old times I find it vsed for some such implement anno 4. Ed. 4. cap. 7. anno 14. 15. H. 8. cap. 9. where it is written plainely Galochet Galingal cyperus is a medicinall herbe the nature and diuersitie whereof is expressed in Gerards herball lib. 1. cap. 22. The roote of this is mentioned for a drugge to be garbled anno 1. Iaco. cap. 19. Gallihalpens were a kind of coine forbidden by the statute anno 3. H. 5. cap. 1. Galloches See Galege Gals Gallae be a kind of hard fruite like a nutte but rounder growing of the tree called in latine galla The diuers kinds and vses whereof Gerard expresseth in his Herball lib. 3. cap. 34. This is a drugge to be garbled anno 1. Iaco. cap. 19. Gaol gaola commeth of the French Geole i. caveola a cage for birds but is metaphorically vsed for a prison Thence commeth Geolier whome we call Gayler or Gaoler Garbe garba commeth of the French garbe aliâs gerbe 1. fascis It signifieth with vs a bundle or sheafe of corne Charta de foresta cap. 7. and garba sagittarum is a sheafe of arrowes Skene de verb. signif verbo Garba Garbling of bow-staues anno 1. R. 3.
cap. 11. is the sorting or culling out the good from the bad As garbling of spice is nothing but to purifie it from the drosse and dust that is mixed with it It may seeme to proceed from the Italian garbo that is finenesse neatnesse Gard Custodia commeth of the French garde being all of one signification It signifieth in our common lawe a custodie or care of defence but hath diuers applications sometimes to those that attend vpon the safetie of the Prince called Yeomen of the Guard somtime to such as haue the education of children vnder age or of an Idiot sometime to a writte touching wardshippe Which writs are of three sorts one called a right of guard or ward in French droit de gard Fitzh nat br fol. 139. the second is eiectment de gard Idem fol. 139. L. the third is rauishment de gard Idem fol. 140. F. G. See Gardem see Ward Gardein Custos commeth of the French gardien and yet the German Warden is neare vnto it It signifieth generally him that hath the charge or custodie of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselues and their owne affaires as children and Idiots being indeede as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the gouernment of a youth vntill he come to 14. yeares of age and Curator he that hath the disposition and ordering of his substance afterward vntil he attaine to 25. yeares or that hath the charge of a franticke person during his lunacie the common Lawyers vse but onely Gardien or Gardian for both these And for the better vnderstanding of our English lawe in this thing you must know that as tutor is either testamentarius or à Praetore datus ex lege Atilia or lastly legitimus so we haue three sortes of Gardeines in England one ordained by the father in his last will another appointed by the Iudge afterward the third cast vpon the Minor by the lawe and custome of the land Touching the first a man hauing goods and chatels neuer so many may appoint a gardein to the bodie or person of his child by his last will and testament vntill he come to the age of fourteene yeares and so the disposing or ordering of his substance vntill what time he thinketh meet and that is most commonly to the age of 21. yeares The same may he do if he haue lands to neuer so great a valew so they hold not in capite of the king nor of any other Lord by knights seruice And in the former case if the father appoint no Gardein to his child the Ordinarie may appoint one to order his moueables and chatels vntill the age of 14. yeares at which time he may chuse his guardian accordingly as by the the ciuill lawe he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his lands if he hold any by copie of court rolle commonly the Lord of the fee appointeth him a guardian vntill he come to the age of 14. yeres and that is one next of kind to the Minor of that side that can hope for least profitby his death If he hold by charter in socage then the next of kind on that side by which the land commeth not is the guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octauo Edvardi primi statuto primo And the reason of this Fortescue giueth in his booke intituled A commendation of the politique lawes of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should haue the custody and education of the child that for desire of his land he might be entised to worke him some mischiefe Lastly if a man dye seised of lands holding by knights seruice leauing his heire in minoritie that is vnder 21. yeares the Lord of the fee hath by law the custodie both of the heire and his land vntill he come to age See the statute anno 28. Ed. prim statut prim And the reason of this Fortescue likewise giueth for that hee to whom by his tenure he oweth knights seruice when he can performe it is likeliest to traine him vp in martiall and ingenious discipline vntill he be of abilitie But Polidore Virgil in his Chronicle lib. 16. saith that this was Movum vectigalis genus excogitatum to helpe Henry the third being oppressed much with pouertie by reason he receiued the kingdome much wasted by the wars of his aun cestours and therefore needing extraordinarie helpe to vphold his estate yet the 33. chapter of the Grand Custumary maketh mention of this to haue bene vsed by the Normans and I thinke this the truer opinion Here it is to be obserued whether land in knights seruice hold in capite or of another Lord or some of the King and some of another If of the king whether of the king alone or not all is one For the king in this case is guardian to the heires both person and land by his prerogatiue Stawnf praerog cap. 1. If he hould of a common Lord it is either of one alone or more if of one onely then is he guardian of both person and lands if of more then the Lord of whome he houldeth by the elder tenure is guardian of the person and euery one of the rest hath the custodie of the land holden of him selfe If the prioritie of the tenure cannot be discerned then is he guardian of the person that first happeth him Termes of the lawe Stawnf vbi supra whom you may reade more at large which Author fol. 19. maketh mention of gardeyn in feit and Gardeyn in droit that is in deed and in lawe I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the land holdeth the second him that hath the right by his inheritance and seignorie old nat br fol. 94 Then is there gardein per cause de gard which is he that hath the wardship of a Minor because he is guardian of his Lord being likewise in minoritie Stawnf vbi supra fol. 15. Of this you may reade Skene de verb. signif verbo Varda by whom you may learn great affinitie and yet some difference betweene the lawe of Scotland and ours in this point Guardia is a word vsed among the Feudists for the Latine custodia and guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. tit 11. Gardeyn of the spiritualties Custos spiritualium vel spiritualitatis is he to whom the spirituall iurisdiction of any Diocesse is committed during the vacancy of the see anno 25. H. 8. cap. 21. And I take that the
is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.
Habere facias visum is a writ that lyeth in diuers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Iudice verbo View See Bracton li. 5. tract 3. ca. 8. lib. 5. parte 2. ca. 11. See vi 〈…〉 See the Register Iudiciall fol. 1. 26 28. 45. 49. 52. Haberiects Hauberietus pannus magn chart ca. 25. pupilla oculi parte 5. ca. 22. Hables is the plurall of the French hable signifiing as much as a porte or hauen of the sea whence ships doe set forth into other countries and whether they doe arriue when they returne from their voyage This word is vsed anno 27. Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a writ directed to the Shyreeue willing him to commande one hauing the body of him that is ward to another to deliuer him to him whose ward he is by reason of his land Register originall fol. 161. b. Haerede abducto is a writ that lyeth for the lord who hauing the wardship of his tenent vnder age by right cannot come by his body for that he is conueyed away by another old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a writ that lyeth against him that is an heretike viz. that hauing beene once conuinced of herisy by his Bishop and hauing abiured it afterward falleth into it againe or into some other and is therevpon committed to the secular power Fitzh nat br fol. 269. Haga is vsed as a kinde of latine word for a house I finde in an auncient booke sometime belonging to the abbey of Saint Augustines in Canterbury that king Stephen sent his writ to the Shyreeue and Iustices of Kent in this maner Stephanus Rex Anglorum vicecomiti Iusticiariis de Kent salutem praecipio quòd faciatis habere ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit it a bene in pace iustè quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded Haye i. Sepes and Bote. i. compensatio The former is french and the second is Saxon. And although it doe fall out sometime that our words be so compounded yet is it rare wherefore it may be thought peraduenture to come as well from Hag and boote which be bothe saxon words It is vsed in our common lawe for a permission to take thorns and freeth to make or repaire hedges Halfe haque See Haque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol 5. where he saith that in case a writ of right be brought and the seisin of the Demaundant or his auncester alleaged the seisin is not traversable by the Defendant but he may tender or proferre the halfe merke for the inquirie of this seisin which is as much to say in plainer termes that the Defendant shall not be admitted to deny that the Demandant or his auncester was seised of the land in question and to proue his deniall but that hee shal be admitted to tender halfe a merke in money to haue an inquirie made whether the Demandant c. were so seised or not And in this signification I reade the same words in the old English natura breuium fol. 26. b. viz. Know ye that in a writ of right of Advouzen brought by the king the defendant shall not proferre the halfe merke ne iudgement finall shall be giuen against the king c. Wherof Fitz. vbi supra M. giueth the reason because in the kings case the defendant shall bee permitted to trauerse the seisin by licence obtained of the Kings Sergeant To this effect see Fitz. nat br fol. 31. C. D. E. Halfe seale is vsed in the Chauncerie for the sealing of Commissions vnto Delegates appointed vpon any appeale in ecclesiasticall or marine causes an 8. Elizab. cap. 5. Halfe tongue See Medietas linguae Halymote aliâs Healgemot is a Court Baron Manwood parte prim of his Forest lawes pag. 111. and the etymologie is the meeting of the tenents of one hall or maner M. Gwins preface to his reading which for the esteeme thereof is by copies spred into many mens hands Hallage is a see due for cloths brought for sale to Blackwell hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutiue of Ham which signifieth habitationem Camden Brit. pag. 149. 354. The French hameau i. viculus is also nere vnto it Kitchin hath Hamel in the same sence fol. 215. who also vseth hampsel for an ould house or cotage decayed fol. 103. Hamlet as Stowe vseth it in Ed. 3. seemeth to be the seate of a Free holder For there he saith that the said king bestowed two maners and nine hamlets of land vpon the monasterie of Westminster for the keeping of yearely obits for his wife Queene Eleanor deceased Hameling of dogges or hambling of dogges is all one with the expeditating of dogges Manwood parte prim of his Forest lawes pag. 212. parte 2. cap. 16. num 5. where he saith that this is the auncient terme that Foristers vsed for that mater whence this word might be drawne I dare not resolue but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feete so as they cannot take any great delight in running abroade See Expeditate Hampsell See Hamlet Hamscken see Homesoken M. Skene de verb significa writeth it Haimsuken and deriueth it from Haim a German word signifiing a house or dwelling and Suchen that is to seeke search or persiew It is vsed in Scotland for the crime of him that violently and contrary to the kings peace assaulteth a man in his owne house which as he saith is punishable equally with rauishing of a woman significat quietantiam miserâ—â—rdiae intrationis in alienam domum vi iniustè Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17. Ed. 4. cap. 2. is the name of an vnlawful game Hand full is foure inches by the standard anno 33. H. 8. cap. Hankwit alias Hangwit or Hengwit commeth of the Saxon words Hangen i. pendêre and wit whereof reade in Gultwit Rastall in the title Exposition of words faith it is a liberty graunted vnto a man wherby he is quit of a felon or theese hanged without iudgement or escaped out of custodie I reade it interpreted mulcta pro homine iniustè suspenso Or whether it may be a libertie whereby a Lord chalengeth the forfeiture due for him that fordoeth himselfe within his fee or not let the Reader consider See Bloodwit Hanper haneperium haueper of the Chauncerie anno 10. R. 2. cap. prim seemeth to signifie as fiseus originally doth in Latine See Clerke of the Hanaper Hanse as Ortelius in the Index of
sorts of homage vsed by them straunge vnto vs. whereunto ioyne Hotoman disputat de feudis in diuers places namely columna 860. C. hiis verbis Deinceps de nota hominii feudalitiae subiectionis videamus Omnium quidem video esse commune vt dexteras tanquam in foederibus iungerent plerumque etiam vt dexteris aversis osculum praeberent interdum vt ambas manus iunctas patrono contrectandas praeberent supplicum dedititiorum nomine qui velatas manus porrigebant and pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constitutum est Quod ex Anglico Litletonio intelleximus vt hominium seruili supplici veneratione ac plane tanquam a dedititiis praestetur Nam vasallus discinctus nudo capite ad pedet sedentis patroni proiectus ambas manus iunctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here venio in tuum hominium fidem homo tuus fio ore manibus tibique iuro ac spondeo fidelem me tibi futurum eorum feudorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. G. 822. F. 857. B. D. F. Of homage in Scotland reade M. Skene de verb. signif verbo Homagium to whome you may also ioyne a plentifull discourse in speculo Durandi commonly called speculator among the Civilians titulo De Feudis Homagio respectuando is a writ to the Escheatour commaunding him to deliuer seisin of lands to the heire that is at full age notwithstanding his homage not done which ought to be performed before the heire haue liuerie of his lands except there fall out some reasonable cause to hinder it Fitzh nat br fol. 269. Homine eligendo ad custodiendam peciam sigillipro Mereatoribus aediti is a writ directed to a corporation for the choice of a new man to keepe the one part of the seale appointed for statutes Merchant when the other is dead according to the statute of Acton Burnel Register orig fol. 178. a. Homine replegiando is a writ for the bayle of a man out of prison which in what cases it lyeth and what not See Fitz. nat br fol. 66. See also the Register orig fol. 77. See the new booke of Entries verb. Homine replegiando Homine capto in Withernamium is a writ to take him that hath taken any bondman or woman and led him or her out of the countie so that he or shee cannot be repleuied according to lawe Register orig fol. 79. a. See Withernam Homicide homicidium is the slaying of a man and it is diuided into voluntarie or casuall homicide voluntarie is that which is deliberated and committed of a set mind and purpose to kill homicide volūtary is either with precedent malice or without The former is murder and is the felonious killing through malice prepensed of any person liuing in this realme vnder the Kings protection West part 2. simbol tit Inditment sect 37. c. vsque ad 51. where you may see diuers subdiuisions of this mater See also Glanuile lib 14. cap 3. Bract. l 3. tra 2. c. 4. 15. 17. Brit. c. 5. 6. 7. See Muder Mans slaughter Chaūce medley Homesoken aliâs Hamsoken Hamsoca is compounded of Ham. i. habitatio and Soken i. quaerere It is by Bracton lib. 3. tract 2. c 23. thus defined Homesoken dicitur inuasio domus contra pacem Domini Regis It appeareth by Rastall in the title Expositiō of of words that in auntient times some men had an immunitie to doe this for he defineth Homesoken to be an immunitie from amercements for entring into houses violently and without licence which thing seemeth so vnreasonable that me thinketh he should be deceiued in that his exposition I would rather thinke it should be a libertie or power graunted by the king to some common person for the cognisance or punishment of such a trangression for so I haue seene it interpreted in an old note that I haue giuen me by a freind which he had of an expert man toward the Exchequer but of what authoritie I know not See Hamsoken Hondhabend is compounded of two Saxon words Hond i. hand and habend i. hauing and signifieth a circumstance of manifest theft when one is deprehended with the thing stollen in his hand Bracton lib. 3. tract 2. ca. 31. 54. who also vse the handberend for the same eodem cap. 8. Honour honor is beside the generall signification vsed specially for the more noble sort of seigneuries whereof other inferiour Lordships or maners doe depend by performance of customes and seruices some or other to those that are Lords of them And I haue reason to think that none are honours originally but such as are belonging to the King How be it they may afterward be bestowed in fee vpon other nobles The maner of creating these honours may in part be gathered out of the statutes anno 31. H. 8. cap. 5. where Hampton court is made an honour and anno 33. eiusdem cap. 37. 38. whereby Amptill and Grafton be likewise made honours and anno 37. eiusdem ca. 18. whereby the King hath power giuen by his leters patents to erect foure seuerall honours Of Westminster of Kingston vpon Hull Saint Osithes in Essex and Dodington in Berkshire This word is also vsed in the selfe same signification in other nations See ca. licet causam extra de probationibus and Minsinger vpon it nu 4. In reading I haue obserued thus many honours in England The honour of Aquila Camden Britan. pag. 231. of Clare pag. 351. of Lancaster pag. 581. of Tickhill pag. 531. of Wallingford Notingham Boloine Magna charta cap 31. of West Greenewish Camd pag. 239. of Bedford pupil oculi parte 5. cap. 22. of Barhimsted Brooke titulo Tenure nu 16. of Hwittam Camd pag. 333. of Plimpton Cromptons Iurisd fol. 115. of Creuecure and Hagenet Febert anno 32. H. 8. cap. 48. of East Greenewish of Windsour in Berk shire and of Bealew in Essex anno 37. H. 8. ca. 18. of Peverell in the county of Lincolne Register orig fol. 1. Horngeld is compounded of Horn and Gildan or Gelder i. Soluere It signifieth a taxe within the forest to be paid for horned beasts Cromptons Iurisd fol. 197. And to be free thereof is a priuiledge graunted by the king vnto such as he think eth good Idem ibidem and Rastall in his exposition of words Hors de sonfee is an exception to auoide an action brought for rent issuing out of certaine land by him that pretendeth to be the Lord or for some customes and seruices for if he can iustifie that the land is without the compas of his fee the action falleth v. Brooke hoc titulo Hospitallers Hospitalarii were certaine knights of an order so called because they had the care of hospitals wherein Pilgrims were receiued to these Pope Clement the fift transferred the Templers which order by a
is made at large without inserting that or the like clause See Emperlaunce Impeachment of Waste impetitio vasti commeth of the french empeschement i. impedimentum and signifieth with vs a restraint from committing of waste vpon lands or tenements See Waste Implements commeth of the french emploier i. insumere in re aliqua it signifieth with vs things tending to the necessarie vse of any trade or furniture of househould Impost is a french word signifiing tribute comming of the verb imposer i iniungere irrogare it signifieth with vs the taxe receiued by the prince for such merchandise as are brought into any heauen from other nations anno 31. Elizabeth cap 5. and I thinke it may in some sort be distinguished from customs bicause custom is rather that profit which the prince maketh of wares shipped out of the land yet may they be confounded Improuement See Approue In casu consimili is a Writt See casu consimili In casu prouiso is a Writt See casu prouiso Incident incidens signifieth a thing necessarily depending vpon another as more principall for example a court Baron is soe incident to a maner and a court of piepowders to a faier that they cannot be seuered by graunt for if a maner or faire be graunted these coutts cannot be referued Kitchin fol 36. Incroche incrociare Se encrochments Admirals and their deputies doe incroche to themselues Iurisdictions c anno 15. Rich 2. ca 3. Indenture indentura is a writing comprising some contract betwene two and being indented in the toppe aunswerably to another that likewise conteineth the same contract this the Latines called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which among the ciuilians is defined to be scriptura inter creditorem debitorem indentata in cuius sciscura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scribitur and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quia hoc manu vnius tantùm puta debitoris scribitur penes debitorem relinquitur pruinc consttut de offic archidiaco cap pri verbo In scriptis vid. Gothosr in notis ad l. 27 § 3. Î . ad leg Corn. de fals Indicauit is a writ or prohibition that lieth for a patron of a church whose Clerk is defendant in court Christian in an action of tithes commenced by another clerke and extending to the fourth part of the church or of the tithes belonging vnto it for in this case the suite belongeth to the kings court by the statute Westm 2 cap 5. wherfore the patron of the defendant being like to be preiudiced in his church and aduowzen if the plaintife obteine in the court Christian hath this means to remoue it to the kings court the Register originall fol. 35. b. see ould nat br fol. 31. the register fol 35. and Britton cap 109. fol. â—60 A. Indictment Indictamentum see indightment Indiuisum is vsed in the common law for that which two houlde in common without particioÌ„ Kitchin fol. 241. in these words he houldeth pro indiuiso c Indorsment indorsamentum signifieth in the common law a condition writen vpon the other side of an obligation West part 2. simbol sect 157. Infang alias infeng significat quietantiam prioris prisae ratione conuiuij Fleta l i. cap 47. Infangthef or Hinfangthefe or Infangtheof is compounded of 3. Saxon words the preposition In fang or fong to take or catch thef it signifieth a priuiledge or libertie graunted vnto Lords of certaine maners to iudge any theeife taken within there fee. Bracton lib. 3. tracta 2. cap. 8. In the lawes of King Edward set out by M. Lambard nu 26 you haue it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illiverò qui non habent has consuetudines coram insticia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol 90. b. and Roger Houeden parte poster suoruÌ„ annalium fol. 345. b. M. Skene de verborum significatione verbo Infangthefe who writeth of it at large reciting diuersitie of opinions touching this and outfangthefe Fleta saith that infangtheef for soe he writeth it dicitur latro captus in terra alicuius seisitus aliquo latrocinio de suis propriis hominibus libro 1. cap 47 § Infangtheefe Information See Enditement See the new termes of lawe Informer informator in french informateur is an officer belonging to the exchequer or kings bench that denounceth or complaineth of those that offend against any penall statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Ciuilians are called delatores Informatus non sum is a formall aunswer or of course made by an atturney that is commaunded by the court to say what he thinketh good in the defence of his client by the which he is deemed to leaue his client vndefended and so iudgement paseth for the aduerse party See the new booke of Entries titulo Non sum informatus and Iudgement 12. Ingressu is a writ of entrie that is whereby a man seeketh entry into lands or tenements it lyeth in many diuers cases wherit hath as many diuersities of formes See Entry this writ is also called in the particular praecipe quod reddat because those be formall words in all writs of entry The writs as they lye in diuers cases are these described in the old natura breu Ingressu ad terminum qui praetertit fol. 121. originall Regist sol 227. which lyeth where lands or tenements are let to a man for terme of yeares and the tenent houldeth ouer his terme Ingressu dum non fuit compos mentis fol. 223. original regist fol. 228. which lyeth where a man selleth land or tenement when he is out of his wits c. Ingressu dum fuit infra aetatem fol. 123. Register originall fol. 228. which lyeth where one vnder age selleth his lands c. Ingressu super deseisina in le quibus fol. 125. Regist orig fol. 229. which lyeth where a man is disseised and dyeth for his heire against the disseisour Ingressu in per fol. 126. original register fol. 229. Ingressu sur cui in vita fol. 128. originall Register fo 239. both which see in Enrry Ingressu cause matrimonii praelocuti fol. 130. original register fol. 233 which see causa matrimonii praelocuti Ingressu in casu proviso f. 132. Register original fo 235. which see casu pro viso Ingressu cui ante diuortium fol. 130. original register fol. 233. for which see cui ante diuorium Ingressu in consimili casu fol. 233. originall Register fol. 236. for which see Confimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230 for which see Sine assensu capituli Ingressu ad communem legem fol. 132. originall
not any latine word for abatement but intrusio so that I rather thinke these 2. english words to bee synonyma and Fleta cap. suprà citato seemeth direct against this his opinion Intrusione is a writ that lyeth against the intruder Register fol. 233. Inuentarie inuentarium is a description or repertory orderly made of all dead mens goods and catels prized by foure credible men or more which euery executor or administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Simb lib 2. sect 696. where likewise you may see the forme This Inuentary proceedeth from the ciuill law for whereas by the auncient law of the Romans the heire was tyed to aunswer all the testators debts by which meanes heritages were preiudiciall to many men and not profitable Iustinian to encorage men the better to take vppon them this charitable office ordained that if the heire would first make and exhibite a trew Inuentary of all the testatours substance comming to his hand he should be no furder charged then to the valew of the Inuentarie l. vlt. Cod. de Iure de liberando Inuest Inuestire commeth of the french word Inuester and signifieth to giue possession He are Hotoman de verbis fendalibus verbo Inuestitura Inuestitura barbarum nomen barbaricam quoque rationem habet Nam vt ait Feudista lib. 2. titulo 2. Inuestitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with vs we vse likewise to admit the tenents by deliuering them a verge or rodd into their hands and ministring them an oath which is called Inuesting others define it thus Inuestitura est alicuius in suumius introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure Ioynder is the coupling of two in a suite or action against another Fitzh nat br fol. 118. H. 20◠H. 221. H. in many other places as appeareth in the Index verbo Ioynder Ioynt tenents simul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hould lands or tenements by one title pro indiuiso or without partition Litleton lib. 3. cap. 3. and termes of law See Tenents in common Ioyning of issue Iunctio exitus See Issue Iointure Iunctura is a couenant whereby the husband or some other freind in his behalfe assureth vnto his wife in respect of mariage lands or tenements for terme of her life or otherwise See West part 2. Symbol lib. 2. titulo Couenants sect 128. and the new expositiō of the law terms it seemeth to be called a Ioynture either because it is granted ratione iuncturae in matrimonio or because the land in franke mariage is giuen ioyntly to the husband and the wife and after to the heirs of their bodies whereby the husband and wife be made ioynt tenents during the couerture Coke li. 3. Butler Bakers case f. 27. b. See franckmariage Ioynture is also vsed as the abstract of ioynt tenents Coke lib. 3. the Marques of Winchesters case fol. 3. a. b. Iunctura is also by Bracton and Fleta vsed for ioyning of one bargaine to another Fleta lib. 2. ca. 60. touching the selfe same thing and therefore ioynture in the first signification may be so called in respect that it is a bargaine of liuelyhood for the wife adioyned to the contract of mariage Iourn Choppers anno 8. Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarne were in those daies called iourn I cannot say but choppers in these daies are well knowne to be chaungers as choppers of churches c. Iourneyman commeth of the French Iournee that is a day or dayes worke which argueth that they were called Iourneymen that wrought with others by the day though now by statute it be extended to those likewise that couenant to worke in their occupation with another by the yeare anno quinto Elizabeth cap. quarto Issue Exitus commeth of the French Issir i. emanare or the substantiue Issue i. exitus euentus It hat diuers applications in the common lawe sometime being vsed for the children begotten betweene a man and his wife sometime for profits growing from an amercement or fine or expenses of suite sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of mater depending in suite wherupon the parties ioyne and put their cause to the triall of the Iury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage betweene the parents the profits growing to the king or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the triall of twelue men is the effect of pleading or processe Issue in this last signification is either generall or speciall Generall issue seemeth to be that whereby it is referred to the Iury to bring in their verdict whether the defendant haue done any such thing as the plaintife layeth to his charge For example if it be an offence against any statute and the defendant pleade not culpable this being put to the Iury is called the generall issue and if a man complaine of a priuate wrong which the defendant denieth plead no wrong nor disseisin and this be referred to the 12. it is likewise the generall issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. the speciall issue then must be that where speciall mater being alleadged by the defendant for his defence both the parties ioyne therevpon and so grow rath er to a demurrer if it be quaestio Iuris or to tryall by the Iurie if it be quaestio facti see the new booke of Entries verbo Issue Iuncture see Iointure Iure patronatus See the newe booke of Entries verbo Iure patronatus in quar◠impedit fol. 465. col 3. Iurie Iurata commeth of the french Iurer i iurare it signifieth in our common lawe a companie of men as 24. or 12. Sworne to deliuer a truth vpon such euidēce as shal be deliuered them touching the matter in question Of which triall who may and who may not be empaneled see Fitzh nat br fol. 165. D. And for beter vnderstanding of this point it is to be knowne that there be 3. maner of trials in England one by Parlament another by battle and the third by Assise or Iurie Smith de repub Anglorum lib 2. cap 5. 6. 7. touching the 2. former reade him and see Battell and Combat and Parlament the triall by Assise be the action ciuile or criminall publick or priuate personall or reall is referred for the fact to a Iurie and as they finde it so passeth the Iudgement and the great fauour that by this the King sheweth to his subiects more then the princes of other nations you may reade in Glanuil lib 2 cap 7. where he called it
also by diuers places in Bracton who saith that knights must be in Iuries which turne Freeholders doe serue Knights of the Garter Equites Garterii are an order of knights created by Edward the third after he had obtained many notable victories king Iohn of Frannce and king Iames of Scotland being both his prisoners together and Henry of Castile the bastard expulsed out of his Realme and Don Petro being restored vnto it by the Prince of Wales and Duke of Aquitane called the blacke Prince who for furnishing of this honorable Order made a choice out of his owne realme and all Christendome of the best and most excellent renowned Knights in vertues and honour bestowing this dignitie vpon them and giuing them a blew Garter decked with gold pearle and precious stones and a buckle of gold to weare daily on the left legge onely a kirtle gowne cloake chaperon a coller other stately and magnificall apparell both of stuffe and fashion exquisite and heroicall to weare at high feastes as to so high and princely an order was meete Of which Order he and his successours kings of England were ordained to be the Soueraignes and the rest fellowes and brethren to the number of 26. Smith de Republ. Angl. libro primo cap. 20. I haue seene an auncient monument whereby I am taught that this Honourable companie is a Colledge or a Corporation hauing a common Seale belonging vnto it and consisting of a Soueraigne Gardian which is the King of England that alwaies gouernes this order by himselfe or his Deputie of 25. Companions called Knights of the Garter of 14. secular Chanons that be Priests or must be within one yeare after their admission 13. Vicars also Priests and 26. poore Knights that haue no other sustenance or meanes of liuing but the allowance of this house which is giuen them in respect of their daily praier to the Honour of God and according to the course of those times of Saint George There be also certaine officers belonging to this order as namely the Prelate of the Garter which office is inherent to the Bish of Winchester for the time being the Chaunceler of the Garter the Register who is alwaies Deane of Windesour The principall King at Armes called Garter whose chiefe function is to manage and marshall their Solemnities at their yearely feasts and Installations Lastly the Vsher of the Garter which as I haue heard belongeth to an Vsher of the Princes chamber called Blacke rod. There are also certaine ordinances or Constitutions belonging vnto this Society with certaine forfeitures and sometime penances for the Breakers of them which constitutions concerne either the solemnities of making these Knights or their duties after their Creation or the Priuiledges belōging to so high an order but are too large for the nature of this poore Vocabularie The site of this Colledge is the Castle of Windesoure with the Chapel of Saint George erected by Edward the third and the Chapter house in the said Castell Howbeit the yearly Solemnity or prosession may be and is by the Soueraignes direction performed at the Court wheresoeuer it lyeth vpō Saint Georges day M. Camden saith that this order receiued great ornament from Edward the 4 See Fearns glory of Generosity pag. 120. See Garter Hospinian in his booke de origine progressu Monachatus maketh mention of this honourable order terming it by ignorance of our tongue ordinem Carteriorum equitum and Charteriorum equitum which you may reade cap. 307. as also Bernardus Girardus in his historie libr. 15. ca. 185. Knights of the Bath milites balnei vel de balneo are an order of Knights made within the Lists of the Bath girded with a sword in the ceremonie of his Creation Ferns glorie of generosity pag. 105. These are spoken of anno 8. Ed. 4. cap. 2. But I had an ould monument lent me by a freind whereby it appeareth that these Knights were soe called of a Bath into the which after they had bine shauen and trimmed by a Barber they entred and thence the night before they were Knighted being well bathed were taken againe by two Esquiers commanded to attend them dried with fine linnen cloathes and so apparelled and ledde through many solemne Ceremonies viz. Confessing their sinnes watching and praying all night in a church or chappell with many other to the order of Knighthood the next day So that by the same reason these seemed to be termed Knights of the Bathe by which Knights made out of the feild in these daies are called knights of the Carpet because in receiuing their order they commonly kneele vpon a Carpet Knights of the order of Saint Iohn of Ierusalem milites Sancti Iohannis Heirosolumitani were otherwise called the Knights of the Rhodes being an order of Knighthood that had beginning about the yeare of the Lord. 1120. Honorius then Pope of Rome Cassanaeus de gloria mundi parte 9. Considerarione 4. M. Fern. in his glorie of Generosity pag. 127. they had their primarie foundation and cheife aboad first in Hierusalem and thē in Rhodes wheremany of thē liued vnder their Principall called the M. of Rhodes vntill they were expelled thence by the Turke anno 1523. sithence which time their cheife seate is at Malta where they haue done great exploits against the Infidels but especially in the yeare 1595. These though they had their beginning especialest abode first at Ierusalem and next in Rhodes yet they encreased both in number and Reuenues liuing after the order of Friers vnderthe Rule of Saint Augustine and were dispersed into France Spaine Alvern Campany Englād and Ireland Of these mention is made in the stat anno 25. H. 8. ca. 2. anno 26. eiusdem cap. secundo and it appeareth that they in England had one generall prior that had the gouernment of the whole order within England Scotland Reg. orig fol. 20. b. But toward the ende of Henrie the eights daies they in England and Ireland being found ouer much to adhere to the B. of Rome against the King were suppressed and their Lands and goods referred by Parlament to the Kings disposition anno 32. H. 8. cap. 24. The Occasion and the propagation of this order more especially described you may reade in the Treatise intituled the Booke of Honour and Armes lib. 5. cap. 18. written by M. Rich. Ihones Knights of the Rhodes anno 32. H. 8 ca. 24. See Knights of the order of Saint Iohn Knights of the Temple otherwise called Templers Templaplarii was an order of Knighthood created by Gelasius the Pope about the yeare of our Lord. 1117. and so called because they dwelt in a part of the buildings belonging to the Temple These in the beginning dwelling not far from the Sepulchre of the Lord entertained Cristian straungers and Pilgrims charitably and in their armour ledde them through the Holy Land to view such things as there were to be seene without feare of Infidels adioyning This Order continuing and increasing by the
space of 200. yeares was farre spred in Christendome and namely here in England But at the last the cheife of them at Hierusalem being as some men say found to fall away to the Sazarens from Christianity and to abound in many vices the whole Order was suppressed by Clemens quintus which was about King Ed. the 1. daies and their substance giuen partly to the Knights of the Rhodes and partly to other Religious Cassan de gloria mnndi parte 9. Consid 5. and See anno prim Ed. 1. cap. 42. Others wright that in truth their destruction grewe from leaning to the Emperour against the Pope of Rome what soeuer was pretended Ioach. Stephanus De iurisdictione lib. 4. cap. 10. nu 18. See Templers Knights of the Shire Milites Comitatus otherwise be called Knights of the Parlament and be two Knights or other gentlemen of worth that are chosen in pleno Comitatu by the free holders of euery Countie that can dispend 40. shillings per annum and be Resient in the shire anno 10. H 6. cap. 2. anno 1. H. 5. cap. 1. vpon the Kings writ to be sent to the Parlament and there by their counsell to assist the common proceedings of the whole Realme These when euery man that had a Knights fee were custumarily constreined to be a Knight were of necessity to be milites gladio cincti for so runneth the tenour of the writ at this day Cromptons Iurisdict fol. pri But nowe there being but fewe Knights in comparison of former times many men of great liuing in euery county Custome beareth that Esquiers may be chosen to this office anno 23. H. 6. ca. 6. so that they be resient within the countie anno H. 6. cap. 7. anno 1. H. 5. cap. prim For the obseruations in choice of these knights see the statutes anno 7. H. 4. cap. 15. anno 11. eiusdem cap. 1. anno 6. H. 6. cap. 4. anno 23. H. 6. cap. 15. and the new booke of Entries verbo Parlament nu 1. Their expences during the Parlament are borne by the County anno 35. H. 8. cap. 11. Knight Marshiall Marescallus hospitii Regii is an officer in the kings house hauing iurisdiction and cognisance of any transgression within the kings house and verge as also of contracts made within the same house whereunto one of the house is a partie Register orig fo 185. a. b. fo 191. b. whereof you may there reade more at large Knights fee Feudum militare is so much inheritaunce as is sufficient yearely to maintaine a knight with conuenient reuenew which in Henry the. 3. daies was fifteene pounds Camdeni Britan. pag. â—11 or 680. acres of land or 800. acres eodem But S. Thomas Smith in his Repub. Angl. lib. pri cap. 18. rateth it at fourtie pound And I finde in the statute for knights anno pri Ed. 2. cap pri that such as had 20. pound in fee or for terme of life per annum might be compelled to be knights M. Stowe in his annals pag. 285. saith that there were found in England at the time of the Conqueror 60211. Knights fees others say 60215. whereof the religious houses before their suppression were possessed of 28015. Knights fee is sometime vsed for the rent that a knight payeth for his fee to his Lord of whom he houldeth And this is an vncertaine summe some houlding by fortie shillings the sheild some by twenty shillings as appeareth by Bracton lib. 5. tract pri cap. 2. Knighten Gylde was a Gylde in London consisting of 19. knights which king Edgar founded giuing vnto them a portion of void ground lying without the walls of the city now called Portesoken ward Stow. in his Annals pag. 151. L LAborariis is a writ that lieth against such as hauing not whereof to liue doe refuse to serue or for him that refuseth to serue in summer where he serued in winter orig Register fol. 189. b. Laches commeth of the French lascher i. laxare or lusche i. frigidus ignavus flaccidus it signifieth in our common law negligence as no laches shal be adiudged in the heire within age Litleton fol. 136. and old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot haue an Assise but I must take mine action vpon the case Lagon See Flotzon Laised listes anno i. R. 3. cap. 8. Land tenent anno 14. Ed. 〈◊〉 stat 1. cap. 3. anno 23. eiusdem cap. 1. 26. eiusdem stat 5. cap. 2. See Terre-tenent anno 12. R. 2. cap. 4. anno 4. H. 4. cap. 8. it is ioyned with this word Possessor as Synonymon v. anno 1. H. 6. cap. 5. See Terretenent Lanis de crescentia Walliae traducendis abque custuma c. is a writ that lyeth to the customer of a porte for the permitting one to passe ouer wolles without custome because he hath paid custome in Wales before Register fol. 279. Lapse Lapsus is a slippe or departure of a right of preseÌ„ting to avoide benefice from the originall patron neglecting to present within six monethes vnto the Ordinary For we say that benefice is in lapse or lapsed wherevnto he that ought to present hath omitted or slipped his oportunitie anno 13. Eliz. cap. 12. This lapse groweth as well the Patron being ignorant of the auoydance as priuie except onely vpon the resignation of the former Incumbent or the depriuation vpon any cause comprehended in the statute anno 13. Eliz. cap. 12. Panor in cap. quia diuersitatem nu 7. de concess praebend Rebuffus de devolut in praxi beneficiorum Lancelotus de collation lib. 1. Institut canon § Tempus autem In which cases the Bishop ought to giue notice to the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Symbol titulo Inditements to be theft of personall goods or chatels in the owners absence and in respect of the things stollen it is either great or small Great Larceny is wherin the things stolne though seuerally exceede the value of 12. pence and petit Larceny is when the goods stolne exceede not the value of 12. pence hitherto M. West But he differeth from Bracton lib. 3. tract 2. c. 32. n. 1. Of this see more in Stawnf pl. cor l. 1. cap. 15. 16. 17. 18. 19. Laghslite is compounded of lah. i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb explicat of Saxon words verbo Mulcta Last is a Saxon word signifiing a burden in generall as also particularly a certaine weight for as we say a last of hering so they say Ein last corns last wines c. thence commeth lastage which see in Lestage A last of hering conteineth 10. thousand an 31. Ed. 3. stat 2. cap. 2. a last of pitch and tarre or of ashes conteineth 14. barrels anno 32. H. 8. cap. 14. a last of hides
cap. 11. Lastage anno 21. R. 2. cap. 18. seemeth to be the Ballance of a shippe Fleta tearmeth it Lesting saying quòd significat acquietantiaÌ„ Lestagii lib. 1. cap. 47. § Lesting Leters of exchaunge literae Cambitoriae vel litera Cambii Regist orig fol. 194. a. Leters patents literae patentes be writings sealed with the broad Seale of England whereby a man is authorized to do or enioy any thing that otherwise of himselfe he could not anno 19. H. 7. cap. 7. And they be so tearmed of their forme because they be open with the Seale hanging readie to be shewed for the confirmation of the authoritie giuen by them If any will say that leters patents may bee graunted by common persons I will not greatly contend For I find that to be true in Fitzh nat br fol. 35. E. Howbeit they bee called rather patents in our coÌ„mon speech then Leters patents Leters patents to make Denizens anno 32. H. 6. cap. 16. yet for difference sake the kings leters patents be called leters patents royall anno 2. H. 6. cap. 10. There is likewise a writ patent Fitzh nat br fol. 1. seqq Leuari facias is a writ directed to the Shyreeue for the leuying of a Summe of money vpon lands and tenements of him that hath forfeited a recognizance c. Regist origin fol. 298. b. 300. b. Leuari facias damna de disseisitoribus is a writ directed to the Shyreeue for the leauying of dammages wherein the disseisour hath formerly beene condemned to the disseisee Regist fol. 214. b. Leuari facias residuum debiti is a writ directed to the Shyreeue for the leuying of a Remanent of a debt vpon lands and tenements or chatels of the debtor that hath in part satisfied before Regist orig fol. 299. Leuari facias quando vicecomes returnavit quòd non habuit emptores is a writ commaunding the Shyreeue to sell the goods of the debtor which he hath alreadie taken returned that he could not sell them and as much more of the debtours goods as will satisfie the whole debt Regist orig fol. 300. a. Leter of Atturney litera Atturnatus is a writing authorizing an Atturney that is a man appointed to do a lawfull act in our steedes West parte prim symbol lib. 2. sect 559. It is called in the ciuile lawe mandatum or procuratorium There seemeth to be some difference betweene a leter of Atturney and a warrant of Atturney For whereas a leter of Atturney is sufficient if it be sealed and deliuered before sufficient witnesse a warrant of Atturney must be acknowledged and certified before such persons as fines bee acknowledged in the country or at the least before some Iustice or Sergeant West parte 2. symbol titulo Recoveries sect 1. F. See the statute anno 7. R. 2. cap. 14. Leters of Marque See Marque and lawe of Marque See Reprisals see a. 14. Hen. 6. cap. 7. Leters patents of summons for debt anno 9. H. 3. cap. 18. Leuy Leuare commeth of the French Leuer i. alleuare attollerâ— It is vsed in our common law for to set vp any thing as to leuy a mill Kitchin fol. 180. or to cast vp as to leuy a ditch Old nat br fol. 110. or to gather and exact as to leuy mony See Leuâ—ri facias Libell Libellus literally signifieth a litle booke but by vse it is the originall declaration of any action in the ciuill lawe anno 2. H. 5. cap. 3. anno 2. Ed. 6. cap. 13. it signifieth also a criminous report of any man cast abroad or otherwise vnlawfully published in writing but then for difference sake it is called an in famous libel famosus libellus Libello habendo See Copia libelli de liberanda Libera Chasea habenda is a writ Iudiciall graunted to a man for a free chace belonging to his maner after he hath by a Iury prooued it to belong vnto him Register Iudiciall fol. 36. 37. Liberate is a warrant issuing out of the ChauÌ„cery to the Treasurer Chamberlaines and Barons of the Exchequer or clerk of the Hamper c. for the payments of any annuall pension or other summes graunted vnder the broad seale v. Brooke titulo Taile d'Exchequer nu 4. orig Reg. fol. 193. a. b. or sometime to the shyreeue c. n. br f. 132. for the deliuery of any lands or goods taken vpon forfeits of a Recognisaunce Fitzh nat br fol. 131. 132. v. Coke li. 4. Fulwods case so 64. 66. 67. It is also to a Gaoler from the Iustices for the deliuery of a prisoner that hath put in baile for his appearaunce Lamb. Eirenarch lib. 3. cap. 2. Libertate probanda is a writ that lyeth for such as be chalendged for slaues and offer to proue themselues free to the Shyreeue that he take security of them for the prouing of their freedome before the Iustices of Assise and prouide that in the meane time they be quiet from their vexations that chalenge them for slaues Fitz. nat br fol. 77. See Natiuo habendo Libertatibus allocandis is a writ that lyeth for a citizen or Burges of any citie that contrarily to the liberties of the city or towne whereof he is is impleaded before the kings Iustices or Iustices errants or Iustice of the Forest c. that refuseth or deferreth to allow his priuiledge Orig. Regist fol. 262. Fitz. nat br fol. 229. Libertatibus exigendis in itinere is a writ whereby the king willeth the Iustices in eyre to admit of an Atturney for the defence of another mans libertie c. before them Regist origin fol. 19. b. Libertas libertas is a priuiledge held by graunt or prescription whereby men enioy some benefite or fauour beyond the ordinarie subiect Liberties royal what they be see in Bracton lib. 2. cap. 5. Broke hoc titulo See Franchise Librata terrae containeth foure oxegangs and euery oxegange 13. acres Skene de verb. signif verbo Bovata terrae See Farding deale of land Licence to go to election Licentia eligendi Regist fol. 294. See Conge d'eslire Licence to arise licentia surgendi is a libertie giuen by the Court to a tenent that is essoyned de malo lecti in a reall action For the lawe is that in this case he may not arise out of his bed or at least goe out of his chamber vntill he haue bene viewed by Knights thereunto appointed and so vpon view of his sicknesse haue a day assigned him to appeare or else lye vntill he be licenced by the court to arise And the reason of this is as I take it because it may appeare whether he caused himselfe to be essoyned deceitfully yea or not And therefore if the demaundant can prooue that he be seene out of his chamber walking vp and downe his grounds or els going abroad vnto any other place before he be viewed or haue licence of the court he shal be adiudged to be deceitfully essoyned and to haue made default Of this see Bracton lib. 5.
tract 2. cap. 7. 10. 12. and Fleta li. 6. cap. 10. Horne in his second booke of his mirrour ca. des Essoines saith that the aduerse party may graunt licentiam surgendi to his aduersary thus essoyned And if he will not the king vpon iust cause may Licentia surgendi is the writ whereby the tenent essoyned de malo lecti obteineth liberty to rise See Licence to arise See the Register fol. 8. Licentia transfretandi is a writ or warrant directed to the keepers of the Port at Douer c. willing them to let some passe quietly ouer sea that hath formerly obteined the kings licence thereunto Reg. Orig. fol. 193. b. Lieftenent locum tenens is a French word signifiing as much as Legatus it is compounded of Lieu. i. Locus and tenir i. tenere It signifieth with vs him that occupieth the kings place or representeth his person as the Liefetenent of the Kings of Ireland anno 4. H. 5. cap. 6. so is it vsed anno 2. 3. Ed. 6. cap. 2. whence that officer seemeth to take his beginning But I read also in M. Manwoods first part of forest lawes pag. 113. that the lord cheife Iustice in Eyre of the Forest and the cheife warden also haue their Liefetenents in the forest So that though a Leiftenent be most ordinary and most properly vsed for the Depute of the king yet is it sometime exteÌ„ded to ther deputes that be but Liefetenents to the King Liefetenent of the Ordinance anno 39. El. ca. 7. Liege ligius is a word borowed from the Feudists and hath two seuerall significations in our common lawe sometime being vsed for Liege Lord. anno 34. 35. H. 8. cap. 1. anno 35. eiusdem cap. 3. and somtimes for Liege man anno 10. R. 2. cap. vnico anno 11. eiusdem cap. prim Liege Lord is he that acknowledgeth no superiour Duarenus in Comment de Consuetud Feudorum cap. 4. num 3. Liege man is he that oweth legeancie to his liege Lord. M. Skene de verb. sign verbo Ligeantia saith that it is deriued from the Italian word liga i. a band league or obligation in whom read more of this mater Ligeancie is such a duty or fealtie as no man may owe or beare to more then one Lord. Idem eodem num 4. I find also this definition of ligeancie in the grand Custumarie of Normandy cap. 13. Ligeantia est ex qua Domino tenentur vasalli sui contra omnes homines qui mori possunt viuere proprii corporis praebere consilii auxilii iuvamentum ei se in omnibus innocuos exhibere nec ei adversantium partem in aliquo confouere Dominus etiam eosdem tenetur regere protegere defensare eosque secundum iura consuetudines leges patriae pertractare this is otherwise called lâ—gietas Cassan de Consuetud Burgund pag. 420. 421. This word is vsed in the statutes of our realm as the kings liege people anno 14. H. 8. c. 2. Of the oath of leageancy Iacobutius de Franchis in praeludio feudorum cap. 2. nu 138. hath these words Praestatur hoc Ligeum Homagium in manibus Regis vel imperatoris genibus flexis positis manibus iunctis in manibus Domini dicendo Ego iuro homagiuÌ„ tibi Dom. vt a modo sim homo ligeus vester contra omnem hominem qui potest viuere verba sunt pulchra Andr. de Isern in cap. 1. in verbo omnem Colum prima de noua forma fidelita hoc ligeum Homagium videmus praestari domino Regi tantum quia cum per id efficiatur homo solius illius cui iuratur vt dixit Hostiensis in cap. ex diligenti de Symon alii non potest praestari i. quia illius solius esse similiter non potest Non 〈…〉 esse potest duorum in solidum l. si vt certo § si duobus vehiculum 〈◊〉 commodati secundùm And in dicto cap 1. § omnem Bald hic in 7. diuis Aluar. in 13. diuisione Non ligeum verò dicitur quando quis â—â—rat fidelitatem Domino excepta aliqua persona viz. domino superiori vel antiquiore Hactenus Iacobutius where you may reade more touching this point as also in Hotomans disputations de feudis pag. 816. fol. 820. c. Ligeance Ligeantia See Liege It sometime signifieth the dominions or territoritie of the Liege Lord as anno 25. Ed. 3. stat 2. Children borne out of the Ligeance of the King Lierwit est mulcta adulteriorum Fleta li. 1. ca. 47. It is vsed for a libertie whereby a Lord chalengeth the penalty of one that lyeth vnlawfully with his bond woman See Lotherwit Limitation of Assise Limitatio assisae is a certaine time set downe by statute within the which a man must alledge himselfe or his auncester to haue bin seised of lands siewed for by a writ of Assise See the statute of Merton cap. 8. anno 20. H. 3. and West 1. cap. 38. and an 32. H. 8. c. 2. an 1. M. 1. p. c. 5. See also Theloals digest of writs lib. 10. cap. 2. So it is vsed in the old nat br fol. 77. in these words the writ de consuetudinibus seruitiis lyeth where I or mine Auncesters after the limitation of Assise were not seised of the Customes c. But before the Limitation of Assise wee were seised c. Lindwood was a Doctor of both Ciuill and Canon lawes and Deane of the Arches he was Embassadour for Henry the fiueth into Portingall anno 1422. as appeareth by the preface to his commentarie vpon the Provincialls Litleton was a lawyer of great accompt liuing in the daies of Edward the fourth as appeareth by Stawnf praerogat cap. 21. fol. 72. he wrot a booke of great accompt called Litletons tenoures which Hotoman in his commentary de verbis feudalibus verb. Foedum thus commendeth Stephanus Pasquerius excellenti vir ingenio inter Parisienses causidicos dicendi facultate praestans libellum mihi Anglicanum Litletonum dedit quo Feudorum Anglicorum lura exponuntur ità inconditè absurde inconcinnè scriptum vt facilè appareat verum esse quod Polidorus Virgilius in Anglica historia scribit stultitiam in eo libro cum malitia calumniandi studio certare Literae ad faciendum attornatum pro secta facienda see in the Regist originall fol. 172. Literae de annua pensione eodem 266. 307. Litera patens ad faciendum generaleÌ„ atturnatum quia infirmus eodem fol. 21. Litera per quam dominus remittit curiam suam Regi eodem fol. 4. Literae de requestu eodem fol. 129. Literae canonici ad exercendam iurisdictionem loco suo fo 305. Literae patentes ad conferendum beneficta domino in remotis agente fol. 305. Literae ad innote sceÌ„dum recuperationem Regis de ecclesia omnibus quorum interest fol. 305. Literae patentes regis quod Abbas ad totam vitam suam possit
purchased many of them and againe that many for capitall offences haue forfeited them to the king and that thereby they still remaine in the crowne or are bestowed againe vpon others so that at these daies many be in the hands of mean men such as by their skill in lawe or phisicke by merchaundize grazing or such other good husbandry haue gathered welth and inabled themselues to purchase them of those that by discent receiued thē from their ancestors in greater aboundance then wit to keepe them But who so euer possesseth these maners the liberty belonging vnto them is reall and prediall and therefore remaineth still though the owners be changed In these daies a maner rather signifieth the Iurisdiction and royalty incorporeal then the land or site For a man may haue a maner in grosse as the law termeth it that is the right and interest of a court Baron with the perquisites thereunto belonging and another or others haue euery foote of the land thereunto belonging Kitchin fol. 4. Brooke hoc titulo per totum Bracton lab 4. ca. 31. nu 2. diuideth manerium in capitale non capitale See Bracton lib. 5. tracta 5. ca. 28. nu pri See Fee The new expositor of law terms saith that Manour is a thing compounded of diuers things as of a house land earable pasture meadow wood rent advouzen court Baron and such like And this ought to be by long continuance of time to the contrary whereof mans memory cannot discerne c. Mansion Mansio as Eracton defineth it lib. 5. cap. 28. nu pri is a dwelling consisting of one or more houses without any neighbour And yet he graunteth forthwith that Mansio Mansioni possit esse vicinata I finde it most commonly vsed for the lords cheife dwelling house within his fee whether it haue neighbours adioyning or not otherwise called the capitall mesuage Bracton li. 2. c. 26. or the cheife maner place Mansio amongst the auncient Romans was a place appointed for the lodging of the Prince or souldiers in their iourney furnished with conuenient entertainement by the neighbours adioyning And in this sence we reade primam mansionem for the first nights lodging and so in order It is probable that this word Mansion doth in some construction signifie so much land as Beda calleth familiam in his ecclesiasticall history For Master Lambert in his explica of Saxon words ver Hida terrae saith that that which he calleth familiam others sithence call Manentem vel Mansam Mansus and Mansum I reade of in the Feudists which as Hotoman saith in verbis feudalibus est neque domus neque area neque hortus sed ager certi modi ac mensurae And againe in Commentarus feudorum lib. p. tit 4. vers de Manso Agri deserti inculti certa mensura dabantur cultoribus quasi in emphyteusin vt culti meliorati feudi iure a vasallis possiderentur In contractu autem vasalls nonnunquam incrementum i. meliorationem omnem sibi recipiebant siue per culturam siue per inaedificationem ea melioratio fieret c. And Cassanaeus de consuet Burg. pag. 1195. defineth it thus Mansus est quantum qu is cum vno pari boum laborare possit prouing it out of Bartolus in li. si ita 〈◊〉 de auro argen legato in fine legis Reade M. Skene de verbo sign verbo Mansus I reade the latine word Mansia in the same signification as namely in the charter graunted by King Kanulphus to Ruchin the abbot of Abingdon which Sir Edward Cooke setteth downe in his booke de iure Regis ecclesiastico Manslaughter Homicidium is the vnlawfull killing of a man without prepensed malice as when two that formerly meant no harme one to the other meet togither and vpon some sodaine occasion falling out the one killeth the other West par 2. symb titulo Inditements sect 44. It differeth from murder because it is not done with foregoing malice from chauncemedly because it hath a presēt intēt to kill And this is felony but admitteth clergie for the first time Stawnf pl. cor lib. 1. cap. 9. and Britton ca. 9. It is confounded with murder in the statute anno 28. Ed. 3. ca. 11. Mantyle Mantile commeth of the French Manteau and signifieth with vs a long roabe anno 24. Hen. 8. cap. 13. Manucaptio is a writ that lyeth for a man who taken for supition of felony and offering sufficient Bayle for his appearance cannot be admitted thereunto by the Shyreeue or other hauing power to let to mainprise Fitzh nat br fol. 249. See Mainprise How diuersly it is vsed see the Register originall in the table Manuel Manualis is a thing whereof present profit may be made Stawnf praerogat fol. 54. And a thing not manuell is that whereof no present profit may be made but hereafter when it falleth ibid. Manumission Manumissio is a freeing of a villein or slaue out of his bondage The forme of this in the time of the Conquerour M. Lamb. in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fol. 126. setteth downe in these words Si quis velit seruum suum liberum facere tradat eum vice-comiti per manum dexteram in pleno comitatu quietum illum clamare debet à iugo seruitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were wont to be manumitted by charter of manumission vide Brooke titulo Villenage fol. 305. The newe expositour of lawe Termes maketh two kinds of manumission one expressed an another implied Manumissiō expressed is when the Lord maketh a deede to his villein to infranchise him by this worde Manumittere The maner of manumitting in old time was thus The Lord in presēce of his neighbours tooke the bondman by the head saying I will that this man be free and therewith shoued him forward out of his hands Manumission implied is when the Lord maketh an obligation for paiment of mony to him at a certaine day or sieweth him where he might enter without suite or granteth him an annuitie or leaseth land vnto him by deede for yeeres or for life and such like Manutenentia is the writ vsed in case of maintenance Register originall fol. 182. 189. See Maintenance Marches Marchia be the bounds and limits betweene vs and Wales or betweene vs and Scotland anno 24. Henry 8. cap. 9. Camd. pag. 453. 606. and the marches of Scotlād are deuided into west and midle marches anno 4. H. 5. ca. 7. anno 22. Ed. 4. cap. 8. It seemeth to bee borowed from the German March i. limes Camd. Britan. pag. 27. or it may be from the French Marque i. signum being the notorious distinction of two diuers countries or territories It is vsed in the statute anno 24. Hen. 8. ca. 12. generally for the precincts of the Kings dominions Marchers be the noble men
mesler i. miscere turbare Meere Merus though an Adiectiue yet is it vsed for a substantine signifiing meere tight Owld nat br fol. 2. in these words And knowe yee that this writte hath but two issues that is to say ioyning the mise vpon the meere And that is to put himselfe in the great assise of our Souerainge Lord the King or to ioyne battell See Mise Mesurement See Admesurement Medietas linguae signifieth an enquest empaneled vpon any cause wereof the one halfe consisteth of Denizens the other of straungers It is called in English the halfe tongue and is vsed in plees wherein the one party is a straunger the other a denizen See the statute anno 28. Ed. 3. ca. 13. anno 27. eiusdem statu 2. ca. 8. commonly called the statute of the Staple anno 8. H. 6. ca. 29. anno 2. He. 5. ca. 3. anno 11. He. 7. ca. 21. anno 1. 2. Phi. Mar. ca. 8. And before the first of these statutes was made this was wonte to be obteined of the King by graunt made to any company of straungers as Lombards Almaines c. Stawnf pl. cor lib. 3. ca. 7. Medio acquietando is a writ iudiciall to distraine a lord for the acquiting of a meane Lord from a rent which he formerly acknowledgeth in court not to belong vnto him Register iudiciall fol. 29. b. Melius inquirendo is a writ that lyeth for a second inquiry as what lands and tenements a man dyed seised of where partiall dealing is suspected vpon the writ Diem clausit extremum Fitzh nat br fol. 255. Merchenlage was one of the three sorts of lawes out of which the Conquerour framed lawes vnto vs mingled with those of Normandy Camd. Britan. pag. 94. who also pag. 103. sheweth that in the yeare of our lord 1016. this land was diuided into three parts whereof the west Saxons had one gouerning it by the lawes called West Saxon lawes and that conteined these nine shyres Kent Southsex South rey Barkeshire Hamshire Wilshire Somerset Dorset and Deuonshire the second by the Danes which was gouerned by the lawes called Denelage and that conteined these fifteene shires Yorke Darby Notingham Leycester Lincolne Northampton Bedford Buckingham Hertford Essex Midlesex Northf Southf Cambridge Huntington The third was possessed and gouerned by the Mercians whose lawe was called Merchenlage which were these eight Glocester Worcester Hereford Warwicke Oxenford Chester Salop and Stafford See Lawe Mercy Misericordia signifieth the arbitrement or discretion of the King or Lord in punishing any offence not directly censured by the law As to be in the grieuous mercie of the king anno 11. H. 6. cap. 6. is to be in hazard of a great penaltie See Misericordia Measondue domus Dei commeth of the French maison de dien by which names diuers Hospitals are named You find the word anno 2. 3. Philip. Mar. cap. 23. in fine Mese See Mease Mesn medius seemeth to come from the French mainsnè i. minor natu it signifieth in our common lawe him that is lord of a maner and thereby hath tenents holding of him yet holding himselfe of a superiour Lord. And therefore it seemeth not absurdly to be drawne from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and tenent the tenent holding of the mesn by the same seruices whereby the mesn holdeth of the Lord and the tenent of the mesn is distrained by the superiour lord for that his seruice or rent which is due to the mesn Fitz. nat br fol. 135. See Mesnaltie Mesnaltie medietas commeth of Mesn and signifieth nothing but the right of the mesn as the mesnaltie is extinct old net br fol. 44. if the mesnalty descend of the tenent Kitchin fol. 147. For farder vnderstanding wherof take these words out of the Custumarie of Norm Medietate tenentur feuda quando aliqua persona intervenit inter Dominum tenentes Et hoc modo tenent omnes post nati mediante ante nato Messenger of the Exchequer is an Officer there of which sorte there be foure in that court that be Pursuyvants attending the lord Treasurer to cary his leters and precepts See Pursuyvant Mesuage mesuagium is a dwelling house West part 2. symbol titulo Fines sect 26. But by the name of a mesuage may passe also a Curtilage a garden an orchard a doue house a shoppe a mill as parcell of an house as he himselfe confirmeth out of Bracton lib. 5. cap. 28. sect prim and Plowden fol. 199. 170. 171. and of himselfe he auoucheth the like of a cotage a tost a chamber a celler c. yet may they be demaunded by their single names Mesuagium in Scotland signifieth the principall dwelling place or house within a Barony which in our land is called a maner-house Skene de verb. significat verbo Mesuagium where he citeth Vaientine Leigh that in his booke of Suruey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or court hall thereof to be called the site in Latine called Situs Mile milliare is a quantitie of a thousand paces otherwise described to containe eight furlongs and euery furlong to conteine forty lugs or poles and euery lugger or pole to containe 16. foote and a halfe anno 35. El. cap. 6. Mildernix anno 1. Iacob cap. 24. Mindbruch is hurting of honour and worship Saxon in his description of Engl. cap. 71. Miniuer See Furre Minouery anno 7. R. 2. cap. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie worke in the Forest as an engyn to catch Deere Britton vseth the verbe Meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handy-worke It is not vnlike that our English manure is abbreuiated of the French Mint commeth of the Germane word meunk i. pecunia moneta and it signifieth with vs the place where the kings coyne is formed be it gold or siluer which is at this present and long hath bene the Tower of London though it appeare by diuers stories and other anticuities that in auncient times the mint hath bene also at Câ—leis an 21. R. 2 cap. 16. anno 9 Hen. 5. stat 5. cap. 5. The Officers belonging to the mint haue not bene alwaies alike At this present they seeme to be these The Warden who is the chiefe of the rest and is by his office to receiue the siluer of the Goldsmiths and to pay them for it and to ouersee all the rest belonging to this functioÌ„ His fee is an hundred pounds per annum The master-worker who receiueth the siluer from the Warden causeth it to be melted and deliuereth it to the moniers and taketh it from them againe when it is made His allowance is not any set fee but according
to the pound weight The third is the Controller who is to see that the mony be made to the iust assise to ouersee the officers and controll them if the money be not as it ought to be his fee is 100. merkes per annum Then is the Master of the Assaye who weigheth the siluer and seeth whether it be according to standard his yerely fee is also an hundred merkes Then is the Auditour to take the accompts and make them vp Auditor-like Then is the Surueyor of the melting who is to see the siluer cast out and not to be altered after it is deliuered to the melter which is after the Assay-master hath made triall of it Then is the Clerke of the Irons who seeth that the Irons be cleane and fit to worke with Then the Grauer who graueth the stampes for the monies Then the Smyters of Irons who after they be grauen smiteth them vpon the money Then the Melters that melt the Bullion before it come to the coyning TheÌ„ the Blanchers who do aneale boyle and cleanse the money The Porter who keepeth the gate of the mint The Prouost of the mint who is to prouide for all the monyers and to ouersee them Lastly the monyers who are some to sheere the money some to forge it some to beate it abroade some to rouÌ„nd it some to stampe or coyn it Their wages is not by the day or yeare but vncertaine according to the waight of the money coyned by them Other officers that haue benein former time are said nowe to bee out of vse Misauenture or misaduenture commeth neere the French mesaduenture i. infortunium In our common law it hath an especiall signification for the killing of a man partly by negligence and partly by chaunce As if one thinking no harme dissolutely throweth a stone where with he killeth another or shooteth an arrow c. For in this case he committeth not felony but onely looseth his goods and hath pardon of course for his life Stawn pl. cor li. 1. ca. 8. Britton ca. 7. distinguisheth betweene Auenture and misauenture Auenture he maketh to be meere chaunce as if a man being vpon or neere the water be taken with some sodaine sicknes and so fall in and is drowned or into the fire and be burned to death Misauenture he maketh where a man commeth to his death by some outward violence as the fall of a tree or of a gate the running of a cartwheele the stroke of a horse or such like So that misauenture in Stawnfords opinione is construed somewhat more largely then Britton vnderstandeth it West parte 2. Symbol titulo Inditement sect 48. maketh homicide casuall to be meerely casuall or mixt Homicide by meere chaunce he defineth sect 49. to be when a man is slaine by meere fortune against the minde of the killer as if one hewing the axe flieth of the haste and killeth a man And this is all one with Brutons misauenture Homicide by chaunce mixed he defineth sect 50. to be when the killers ignorance or negligence is ioyned with the chaunce as if a man loppe trees by an high way side by which many vsually trauell and cast downe a bowgh not giuing warning c. by which bowgh a man passing by is slaine Miscontinuance Kitchin fol. 231. See Discontinuance Mise misa is a French word signifing as much as expensum in latine and the latine word Misa is so vsed in Kitchin fol. 144. and in West parte 2. Simbol titulo Proceedings in chauncery sect 21. F. It is vsed anno 2. 3. Ed. 6. ca. 36. for a somme of mony paid by the Kings tenents in certaine counties in Wales according to their seuerall customes In the statute 33. H. 8. ca. 13. it is vsed plurally for certaine custumary gratuities sent to to the Lord Marchers of Wales by their tenents at their first comming to their lands And anno 4. 5. Phil. Mar. ca. 11. mise is vsed in an action of right or property for the point whereupon the parties proceede to triall either by Assise or battaile as issue is in an action personall if the Mise be vpon battell Litleton fol. 102. and in the old nat br fol. 〈◊〉 you haue these words Know yea that this writ hath but two issues that is to say ioyning the mise vpon the meere and that is to put himselfe into the great Assise of our soueraigne Lord the King or to ioyne battaile See anno 37. Ed. 3. ca. 16. To ioyne the mise vpon the meere is as much to say as to ioyne the mise vpon the cleare right and that in more plaine terms is nothing else but to ioyne vpon this point whether hath the more right the tenent or demaundant Litleton li. 3. ca. 8. foll 101. b. This word in some other place is vsed for a participle signifiing as much as cast or put vpon in english which appeareth by S. Ed. Cokes report in Saffins case vol. 6. fo 124. a. Misericordia is vsed in the common law for an arbitrary punishment Bracton li. 4. tracta 5. ca. 6. in these words Item siquis in misericordiam inciderit pro disseisina non remanebit misericordia exigenda si ille qui â—miserit quaesiuerit conuictionem Kitchin fol. 78. out of Glanuile saith thus Est autem misericordia quia quis per iuramentum legalium hominum amerciatus est ne aliquid de suo honorabili contenemento amittaâ— which saying you haue in a maner word forword in Glanvile lib. 9. cap. 11. Fitzherbert saith that it is called misericordia because it ought to be very moderate and rather lesse then the offence according to the tenure of the great charter cap. 14. This saith Fitz. in his nat br in the writ De moderata misericordia fol. 75. A. I. Misericordia is to be quit of Misericors that is to be discharged of all maner of amercements that a man may fall into within the Forest Crompton Iurisd fol. 196. See Amerciament See Mercy and Moderata misericordia Miskeâ—ning i. chaunging of speech in court Saxon in the description of Engl. cap. 11. Misnomer is compounded of the French mes which in composition alwaies signifieth as much as amisse and nomer i. nominare It signifieth in our common lawe the vsing of one name for another or mis-tearming Broke titulo Misnomer Misprision Misprisio commeth of the French Mespris i. fastidiuÌ„ contemptus it signifieth in our common lawe neglect or negligence or ouersight As for example Misprision of treason or of felony is a neglect or light accompt shewed of treason or felony commited by not reuealing it when we know it to be committed Stawnf pl. cor li. 1. ca. 19. which read at large or by letting any person committed for treason or felony or suspitioÌ„ of either to goe before he be indited Also Misprision of Clerks anno 8. He. 6. ca. 15. is a neglect of Clerks in wrighting or keeping records Thirdly anno 14. Ed. 3. ca. 6. statu pri
verborum signif eodem He that layeth this pawne or gage is called the Mortgager he that taketh it the Mortgagee West par 2. symb titulo Fines sect 145. This if it containe excessiue vsurie is prohibited anno 37. H. 8. c. 9. Mortmaine Manus mortua is compounded of two french words Mort. i. mors and Main i. manus It signifieth in the common lawe an alienation of lands or tenements to any corporation guilde or fraternitie and their successours as Bishops parsons vicars c. which may not be done without licence of the king and the Lord of the maner The reason of the name proceedeth from this as I conceiue it because the seruices and other profits due for such lands as escheates c. comme into a dead hand or into such a hand as holdeth them and is not of power to deliuer them or any thing for them backe againe Magna charta cap. 36. anno 7. Ed. prim commonly called the statute of Mortmaine and anno 18. Ed. 3. statut 3. cap. 3. anno 15. Richard 2. cap. 5. Polydor. Virgill in the 17. booke of his Chronicles maketh mention of this lawe and giueth this reason of the name Et legem hanc manum mortuam vocarunt quòd res semel datae collegiis sacerdotum non vtique rursus venderentur velut mortuae hoc est vsui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic vt nihil possessionum ordini sacerdotali a quoquam detur nisi Regio permissu But the former statutes be some thing abridged by anno 39. Elizabeth cap. 5. by which the gift of lands c. to Hospitals is permitted without obteining of Mortmaine Hotoman in his commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae vsurpatur de ijs quorum possessio vt ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An vsusfructus 56. D. de vsufr legat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Iudiciis Haec Hotemanus read the rest Amortizatio est in manum mortuam translatio Principis iussu Petrus Belluga in speculo principum fol. 76. Ius amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may reade a learned tractate both of the begicning and nature of this doctrine To the same effect you may read Cassa de consuetu Burg. pag. 348. 387. 1183. 1185. 1201. 1225. 1285. 1218. 1274. M. Skene de verborum signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive vniuersitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu a contrario sensu because communalties neuer die Mortuary Mortuarium is a gift lest by a man at his death to his parish church for the recompence of his personall tithes and offerings not duly payed in his life time And if a man haue three or more catell of any kind the best being kept for the lord of the fee as a Heriot the second was wont to be giuen to the persō in right of the church cap. statutum De consuetu in provincial Touching this you haue two statutes one anno 13. Ed. pri commonly called Circumspectè agatis whereby it appeareth that Mortuaries are suable in the court Christian the other anno 21. H. 8 cap. 6. whereby is set downe an order and rate in mony for mortuaries Mulier as it is vsed in the common lawe seemeth to be a word corrupted and vsed for Melior or rather the French Melieur It signifieth the lawfull issue preferred before an elder brother borne out of matrimony anno H. 6. cap. 11. Smith de repub Anglo lib. 3. cap. 6. But by Glanuile lib. 7 ca. pri the lawfull issue seemeth rather Mulier then Melior because it is begotten è Muliere and not ex Concubmâ for he calleth such issue filios mulierato◠opposing them to bastards And Britton cap. 70. hath frere mulier i. the brother begotten of the wise opposit to frere bastard This seemeth to be vsed in Scotland also for M. Skene de verborum signifi verbo Mulieratus filius saith that Mulieratus filius is a lawful son begotten of a lawfull wife Quia mulieris appellatione vxor continetur l. Mulieris 13. ibid. glossa de verborum significatine Mulmutius lawes See Lawe Multure molitura vel multura commeth neare the French moulture and signifieth in our common lawe the tolle that the miller taketh for grinding of corne Murage muragium is a tolle or tribute to be leuied for the building or repayring of publike edifices or walles Fitz. nat br fol. 227. D. Murage seemeth also to be a libertie graunted by the King to a towne for the gathering of money toward walling of the same anno 3. Ed. 1. cap. 30. Murder murdrum is borowed of the French meurtrier i. carnifex homicida or meurtre i. internecio homicidium The new Expositour of the lawe termes draweth it from the Saxon word mordren signifying the same thing It signifieth in our common lawe a wilfull and felonious killing of any other vpon prepensed malice anno 52. H. 3. cap. 25. West part 2. symbol titulo Inditements sect 47. Bracton lib. 3. tract 2. cap. 15 num prim defineth it to be Homicidium quod nullo praesente nullo sciente nullo audiente nullo vidente clam perpetratur And of the same minde is Britton cap. 6. as also Fleta lib. 1. cap. 30. yet Fleta saith also that it was not murder except it were proued the partie slaine were English and no straunger But as Stawnf saith pl. cor lib. 1. cap. 2. the lawe in this point is altered by the statute anno 14. Ed. 3. cap. 4. and murder is now otherwise to be defined When a man vpon prepensed malice killeth another whether secrotly or openly it maketh no mater or be he an English man or a forainer liuing vnder the Kings protection And prepensed malice is here either expresse or implyed expresse when it may be euidently proued that there was formerly some euill will implyed when one killeth another sodainly hauing nothing to defend himselfe as going ouer a style or such like Crompton Iustice of peace in the chapter of Murder fol. 19. b. See M. Skene de verbor signif verbo Murdrum This by the Latine Interpretour of the graund Custumarie of Normandy is called multrum cap. 68. See Were Muster commeth of the French moustre i. specimen spectamen exemplum as feire moustre generale de toute son armee is as much as lustrare exercitum The signification is plaine Mustred of record anno 18. H. 6. cap. 19. seemeth to be dare nomen or to bee inrolled
Librata terrae Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our lawe a commission especially graunted to certaine men for the hearing and determining of one or more causes This was wont to be in vse vpon some sodaine outrage or insurrection in any place Cromptons Iurisd fol. 131. 132. See The Statute of Westm 2. cap. 29 anno 13. Ed. 1. who might graunt this commission And see Fitzh nat br fol. 100. for the forme and occasion of the writ as also to whom it is to bee graunted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordum is a petition made in court that the Iudges for beter proofes sake will be pleased to heare or looke vpon any Record P PAcking whites anno 1. R. 3. cap. 8. Pain fort dure poena fortis dura is in true French peine fort dure It signifieth in our common lawe an especiall punishment for those that being arraigned of felonie refuse to put themselues vpon the ordinarie triall of God and the cuntrey and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded vpon the Statute of Westm prim cap 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parlament maketh no mention of it and Britton writing after that time toucheth it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquite themselues let them be put to their penance vntill such time as they do desire triall and let the penance bee such viz. Let them be bare legged without girdle and without hatte or cappe in their coate onely and lye in prison vpon the naked earth day and night And let them eate no bread but of barley and branne nor drink any other then water and that vpon that day when they eate not And let them be chained Stawnford in his said 60. chapter of his second booke expoundeth it more plainely and particularly in this sort And note that this strong and hard paine shall be such sc He shall be sent backe to the prison whence he came and layed in some lowe darke house where he shall lye naked vpon the earth without any litter rushes or other clothing and without any raiment about him but onely something to couer his priuie members And he shall lye vpon his backe with his head couered and his feete And one arme shall bee drawne to one quarter of the house with a cord and the other arme to another quarter and in the same maner let it be done with his legges and let there be layed vpon his body iron and stone so much as he may beare or more and the next day following he shall haue three morsels of barley bread without drinke and the second day he shall haue drinke three times and as much at each time as he can drinke of the water next vnto the prison doore except it be running water without any bread And this shall be his diet vntill he dye Palatine See County Palatine See Cassan de consuetud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum commeth of the French panne i. pellis or paneau a peece or pane as wee call it in English It signifieth in our common lawe a shedule or rolle containing the names of such Iurours as the Shyreeue prouideth to passe vpon any triall Register orig fol. 223. a. Kitthin fol. 266. See Broke hoc titulo And thereupon the empaneling of a Iurie is nothing but the entring of them into the Shyreeues rolle or booke Pannage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Paramounte aliâs peremounte commeth of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenent to a Lord that houldeth ouer of another Lord. And the former of those is called Lord Mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 209 consisteth only in comparison as one man may be great being compared with a lesser and litle being compared with a greater and as Genus among the Logicians may be in diuers respects both genus and species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is patron paramount to all the benefices in England Doctor and student ca. 36. See Parauaile Maner and Fee Parauaile aliâs Perauaile is compounded of two French words par i. per and aualler i. dimittere demittere It signifieth in our common law the lowest tenent or him that is tenent to one who houldeth his fee ouer of another So is it vsed pl. cor fol. 197. and Fitzh nat br fol. 135. M. See Paramounte See Mesn Parcell makers are two officers in the eschequer that make the parcels of the escheators accoumpts wherein they charge them with euery thing they haue leuyed for the kings vse within the time of their office deliuer the same to one of the auditors of the court to make an accompt for the escheatour thereof Parceners See Coparceners Parcinarie participatio commeth of the French partir i. diuiduum facere It signifieth in our common law a houlding or occupying of land by more pro indiviso or by ioynt tenents otherwise called Coparceners of the French parsonnier i. partiarius particeps For if they refuse to diuide their common inheritance and chuse rather to hold it ioyntly they are said to hold in parcinarie Litleton fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the auncient Romanes particulones sic enim authore Nonio a veteribus cohaeredes inter se dicebantur quòd partes invicem facerent Spigelius Pardon Perdouatio is a French word signifiing as much as pax venia gratia It is vsed most notoriously in our common lawe for the remitting or forgiuing of a felonious or other offence committed against the king This pardon is two-fold one ex gratia Regis the other per cours del ley by course of law Stawns pl. cor fol. 47. Pardon ex gratia Regis is that which the king in some speciall regard of the person or other circumstance sheweth or affoordeth vpon his absolute prerogatiue or power Pardon by course of lawe is that which the lawe in equitie affoordeth for a light offence as homicide casuall when one killeth a man hauing no such meaning West parte 2. symbol titulo Inditements sect 46. Of this see the new booke of Entries verbo Perdon Pardoners anno 22. H. 8. c. 12. were certaine fellowes that caried about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report in censed the people of Germany in his
tract 3. ca. 3. nu 3. and Cassan de consuet Burg pag. 335. and Tiraquel in his booke De Nobilitate cap. 20. pag. 68. nu 26. See the statute anno 31. H. 8. cap. 8. in prooemio and many excellent men more that handle this point That learned Hotoman in his Francogallia doth vehemently oppugne this ground as some other that write in corners but he is so cleane overborne by the pois of reason that not onely many meaner men for learning triumph ouer him in this case but himselfe as I haue credibly hard vpon the sight of his fault cried God and the world mercie for his offence in writing that erroneous and seditious booke The Emperours of Rome had their semestria consilia their praetorium or place of councell builded by Augustus in his palace and therevpon called palatium afterward termed consistorium where they as in their principall court did both determine the greatest sort of their causes and also made their constitutions And heere had they assisting them many of the wisest of their empire whome Augustus first called consiliarios Alexander Severus afterward scriniorum principes others after that palatinos and then comites consistorianos And these men in this respect were indued with great honour and enioyed many priuiledges Yet were they but assistants to the Emperour to aduise him not chalenging any power ouer him or equal with him More touching the course and order of this Parlament see in Cromptons Iurisdict fol. pri seqq and Vowell aliâs Hooker in his booke purposely writen of this mater See King Parole Loquela is a French word signifying as much as Dictio allocutio sermo vox It is vsed in Kitchin fol. 193. for a plee in court It is also sometime ioyned with lease as Lease parol that is Lease per parole a lease by word of mouth Parson Persona commeth of the French Personne It peculiarly signisieth with vs the Rector of a church the reason whereof seemeth to be bicause he for his time representeth the church and susteineth the person thereof as well in siewing as being siewed in any action touching the same See Fleta lib. 6. ca. 18. Parson impersonee persona impersonata is he that is in possession of a church whether appropriated or not appropriated for in the new booke of Entries verbo Ayde in Annuity you haue these words Et praedictus A dicit quod ipse est persona praedictae ecclesiae de S. impersonata in eadem ad praesentationem E. patronissae c. So I haue reason to thinke that persona is the patrō or he that hath right to giue the benefice by reason that before the Lateran councell he had right to the tithes in respect of his liberalitie vsed in the erection or endowment of the church quasi sustineret personam ecclesiae and he persona impersonata to whome the benefice is giuen in the patrons right For I reade in the Register Iudiciall personam impersonatam for the Rector of a benefice presentatiue and not appropriated fol. 34. b. and see Dyer fol. 40. nu 72. where he saith that a Deane and chapter be persons impersonees of a benefice appropriated vnto them who also fol. 221. num 19. plainly sheweth that persona impersonata is he that is inducted and in possession of a benefice So that persona seemeth to be termed impersonata onely in respect of the possession that he hath of the benefice or Rectorie be it appropriated or otherwise by the act of another And yet I haue talked with men of good opinion in the common lawe that hold onely the proprietarie of a benefice to be the person personee But if that weare true he should rather be called person parsonnier i. partiarius vel particeps fructuum because the Vicare hath some parte toward his paines in seruing the cure For parsonnier in the french tongue is partiarius or particeps Partes finis nihil habuerunt c. is an exception taken against a fine levied Cookes reports lib. 3. the case of Fines fol. 88. a. b. Parters of gold and siluer See Finours Partitione facienda is a writ that lieth for those which hould lands or tenements Pro Indiuiso and would seuer to euery one his part against him or them that refuse to ioyne in partition as Coparceners and Tenents in Gauel kind ould nat br fol 142. Fitzh nat br fol. 61. Register orig fol. 76. 316. and Register Iudiciall fol. 80. and the new booke of Entrise verbo Partition Part let seemeth to be some part of a mans attire as namely some loose collar of a dublet to be set on or taken of by it selfe without the bodies as mens bands or womens neckirchiefs be which are in some places or at least haue beene within memory called partlets This word is reade in the statute anno 24. H. 8. ca. 13. and seemeth to be a diminutine of the word part Paruo nocumen to is a writ See Nusance Passage Passagium is a French word signifying transitum transitionem meatum It signifieth in our common lawe the hire that a man payeth for being transported ouer sea anno 4. Ed. 3. cap. 7. or ouer any riuer Westm 2. cap. 25. anno 13. Ed. pri Passagio is a writ to the keepers of ports to let a man passe ouer that hath license of the king Register originall fol. 193. b. 194. a. Passeport is compounded of two French words Passer i. perambulare transire and port i. portus It signifieth with vs a license made by any that hath authoritie for the safe passage of any man from one place to another anno 2. Ed. 6. ca. 2. Pasuage pasuagium See Pawnage Patent literae patentes is different from a writ Cromptons Iurisd fol. 126. The Coroner is made by writ and not by patent See Leters patents See also Literae patentes in the table of the Register where you shall finde the forme of diuers patents Patron Patronus is vsed in the Ciule lawe for him that hath manumitted a seruant and thereby is both iustly accompted his great benefactor and challengeth certaine reverence and dutie of him during his life see the title De iure patranatus in the Digest with the Feudists it is vsed pro authore feudi Hotom verbo Patronus in his commentarie de verbis feudal In the canon lawe as also in the feuds and our common lawe it signifieth him that hath the gift of a benefice And the reason is because the gift of churches and benefices originally belonged vnto such good men as either builded them or els indowed them with some great part of the reuenew belonging vnto them De iure patronatus in the Decretals Such might well be called patrons as builded the Church or inriched it but these that now haue the gift of a benefice are more commonly patronized by the Church though against her will alway selling their presentations as deerely as they can and therefore may be called Patroni a patrocinando as
lyeth for the cognizee of a maner seignory cheife rent or other seruices to compell him that is tenent of the land at the time of the note of the fine leuied to atturne vnto him West parte 2. symbol titulo Fines sect 126. To the same effect speaketh the old nat br fol. 155. See also the new booke of Entries verâ—â— Per quae seruitia Perquisite perquisitum signifieth in Bracton any thing purchased as perquisitum facere 〈◊〉 2. cap. 30. nu 3. lib. 4. ca. 22. Perquisites of court be those profits that grow vnto the Lord of a maner by vertue of his Court Baron ouer and aboue the certaine and yearely profits of his land as escheats mariages goods purchased by villeines fines of copie houlds and such like New terms of the law Person See Parson Personable signifieth as much as inhabled to hould or mainetaine plee in a court for example The demaundant was iudged personable to maintaine this action old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien borne in Portingall without the ligeance of the King and Iudgement was asked whether shewould be answered The plaintife saith shee was made personable by Parlament that is as the Ciuilians would speake it habere personam standi in iudicio Personable is also as much as to be of capacitie to take any thing graunted or giuen Plowden casis Colthirst fol. 27. b. Personall Personalis hath in our common lawe one strange signification being ioyned with the substantiue things goods or Chatels as things personall goods personall Chatels personall for thus it signifieth any corporeall and moueable thing belonging to any man be it quicke or dead So is it vsed in West parte 2. symbol titulo Inditements sect 58. in these words Theft is an vnlawfull felonious taking away of another mans moueable personall goods and againe fol. 61. Larceny is a felonious taking away of another mans moueable personal goods Kitchin f. 139. In these words Where personall things shal be giuen to a corporation as a horse a cowe an oxe sheepe hogs or other goods c. and Stawnford pl cor fo 25. Contrectatio rei aliena is to be vnderstood of things personall for in things reall it is not felony as the cutting of a tree is not felony The reason of this application see in Chatell Personalty Personalitas is an abstract of persouall The action is in the personalty old nat br fol. 92. that is to say brought against the right person or the person against whome in lawe it lieth I find these contrary words Personalitas Impersonalitas in the author of the booke called vocabularius vtriusque iuris as for example Personalitas significatur per has dictiones tu mihi ego tibi cum alto significato quod probabiliter conclulitur si nullo modo concludatur tunc est Impersonalitas quia actum vitiat prout ratio dictat verbi gratia Ego stipulor constituis te mihi soluturum debitum a Titio mihi debitum Tu respondes Satisfiet Haec Impersonalitas non contrahit obligationem Persons ne Praebendaries ne seront charges as quinsimes c. is a writ that lyeth for preb endaries or other spirituall persons being distreined by the shyreeue or collectours of fifteenths for the fiftenth of their goods or to be contributory to taxes Fitzh nat br fol. 176. Pesterable wares seeme to be such wares as pester and take vp much roome in a shippe anno 32. H. 8. cap. 14. Peter pence Denar 〈…〉 Sancti Petri otherwise called in the Saxon tongue Roomfooh i. the see of Rome or due to Rome and also Romescot and Rome penning was a tribute giuen by Inas King of the west Saxons being in pilgrimage at Rome in the yeare of our Lord. 720. which was a peny for euery house Lamberds explication of Saxon words verbo Numus whome see also fol. 128. in Saint Edwards lawes nu 10. where it is thus writen Omnes qui habent 30. denariatus viuae pecuniae in domo sua de suo proprio Anglorum lege dabit denariuÌ„ Sancti Petri lege Danorum dimidiam merkam Iste verò denarius debet summoniri in solennitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad vincula ita vt vltra illum diem non detincatur Si quispiam detinuerit ad Insticiam Regis 〈◊〉 deferatur quoniam denarius hic Rogis eleemmoz 〈…〉 est Iusticia verò faciat denarium 〈◊〉 dere foriffacturam Episcopiâ— Regis Quòd si quis domos plures had buerit de illa vbi residens fuerit infesto Apostolorum Petri Paulâ— denarium reddat See also King Edgars lawes fol. 78. cap. 4. which containeth a sharpe constitution touching this 〈…〉 ter Stowe in his Annals pag. 67. saith that he that had 20. peni worth of goods of one manes catell in his house of his own proper was to giue a p 〈…〉 at Lammas yearly See Romes 〈…〉 Petit Cape See Cape Petit Larceny parvum latr 〈…〉 nium See Larcenye Petit treason parua traditio in true French is petit trahizon 〈…〉 proditio minor treason in a lesser or lower kinde For whereas treason in the highest kinde is an offence done against the securitie of the common wealth West parte 2. symb titulo Indiâ—ements sect 63. petit treason is of this nature though not so expresly as the other Examples of petit treason you shall find to be these if a seruant kill his master a wife her husband a secular or religious man his prelate anno 25. Edward 3. cap. 2. Whereof see more in Stawâ—f pl. cor lib. 1. cap. 12. See also Crom 〈…〉 Iustice of peace fol. 2. where he addeth diuers other examp 〈…〉 those of Stawnford For the punishment of petit treason see the statute anno 22. H. 8. cap. 14. and Crompton vbi supra Petition Petitio hath a general signification for all intreaties made by an inferiour to a superiour and especially to one hauing iurisdiction But most especially it is vsed for that remedie which the subiect hath to helpe a wrong done or pretended to be done by the King For the King hath it by prerogatiue that he may not be siewed vpon a writ Stawnf praer cap. 15. whome also read cap. 22. And a petition in this case is either generall or speciall It is called generall of the generall conclusion set downe in the same viz. que le Roy lui face droit reison that the King doe him right and reason wherevpon followeth a generall indorsement vpon the same soit 〈◊〉 fait aux partis let right be done to the partise Petition special is where the conclusion is speciall for this or that and the Indorsment to that is likewise speciall See the rest cap. 21. Petra lanae a stone of wooll See Stone Philiser See Filazer Piccage Piccagium is money paid in faires for breaking of the ground to set vp
dare bellum indicere belli indicenci licentiam alii dare pronunciare ita vt a sententia appellari non possit committere sive delegare alicui causam cum clausula appellatione remota cognoscere de crimine laesae maiestatis legitimare per rescriptum eos qui extra legitimum matrimonium nati sunt ad famam honores natales in integrum restituere veniam aetatis dare creare Duces Marchiones Comites regnum in feudum concedere Huc referri potest ius erigendi scholam quae hodie Vniuersitas vel Academia appellatur etiā ius creādi doctores gradu licentiae aliquem insigniendi creandi magistratus tabelliones siue notarios ius dandi insignia nobilitatis siue nobiles creandi ius cudendae monetae noua vectigalia instituendi vel instituta vectigalia augendi Sixtinus vbi supra So that those other which are mentioned in libris feudorum and the interpreters of them are at the least for the most part iustly called regalia minora as armandiae viae publicae flumina nauigantia portus ripalia vectigalia monetae mulctarum poenarumque compendia bona vacantia bona quae indignis auferuntur bona eorum qui incestum matrimonium contrahunt bona damnatorum proscriptorum angariae parangariae extraordinariae ad expeditionem imperatoris collationes potestas creandorum magistratuum ad iusticiam exequendam argentarie palatia in ciuitatibus constituta piscationum reditus salinarum reditus bona committentium crimen laesae maiestatis thesaurus inuentus By setting downe these regalities of both sorts as they are accoumpted in the Empire and other forein kingdomes they may be the more easily compared with our kings prerogatiues and so the differences noted betweene vs and them And whereas some things are before reckoned both inter regalia maiora minora the reader must vnderstand that this may be in diuers respects For example the power of raising a tribute or of coyning money is inter maiora but the profit that groweth to the Prince by the one or other is inter minora Now may there also be noted out of books a great number of prerogatiues belonging to the king of this land which doe not bring profit to his cofers immediately and therefore may be accoumpted inter regalia maiora or at the least in a middle or mixt nature or inter maiora minora because by a consequent they tend to the increase of the kings exchequer Of these such as I haue obserued in reading I will set downe as they come to my hands without farder curiosity in diuiding It is the kings prerogatiue that he may not be siewed vpon an ordinary writ as tenent to lands but by petition Plowd casu Walsingham fo 553. to haue a cecessary consent in the appropriation of all benefices Idem casu Grendon fol. 499. to waiue and to demurre and to pleade to the issue or to waiue the issue and to demurre vpon the plee of the aduers part yet not to chaunge the issue another terme after he and the aduers part be once at issue Idem casu Willion fol. 23. 6. a. casu Mines fol. 322. a. to be receiued in a suite before issue ioyned vpon an ayde prier Idem casu Dutchry of Lancaster fol. 221. b. to be neuer in nonage eodem fol. 218. b. that a man indicted may not wage battell with him Idem casu nimes fol. 335. b. that no man vpon any right may enter vpon him being in possession but must be put to suite Dyer fol. 139. nu 33. to seise the lands of his tenents that alienate without licence Plowd casu Mines fol. 322. a. that no subiect may wage his law against him Broke chosein action 9. Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his worde before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies case fol. 79. a. not to finde pledges for the persecuting of any action For he cannot be amerced Fitzh nat br fo 31. F. fo 47. C. to siew in what court he will Fitzh nat br f. 7. B. 32. E. to siew the writ Ne admittas after sixe monethes Regist orig fol. 31. a. that a mans villein hauing remained in his auncient demesn by the space of a yeare may not be recouered by the writ de natiuo habendo Fitzh nat br fol. 79. A. to graunt an office with the babendum post mortem alterius Dyer fo 295. nu 1. to shorten the ordinary time of summons being 15. daies in writ of right Brit. ca. 121. to giue what honour or place he listeth to his subiects anno 31. H. 8. ca. 10. to be owner of a forest See Forest to haue free warren See Warren Not to be owted of his free hould Cromptons Iustice of peace fol. 59. b. 16. a. to araigne a man being both a Traitor and a Felon rather vpon the treason than vpon the felony because he may haue the whole escheats Idem eodem fol. 99. a. to warrant the day of appearance to his subiect being in his seruice and summoned to appeare at a day certaine Fitzh nat br fol. 17. a. Diuers of these and many others did belong fisco imperatorum which you may finde in the Digest De iure fisci Co. lib. 10. tit 1. Besides these also many moe may be obserued to belong vnto our King out of lawes which I leaue to their collection that are of longer reading and more painefull industry Prerogatiue of the Archbishop of Canterbury or Yorke prarogatiua Archiepiscopi Cantuariensis seu Eboracensis is an especiall preeminence that these Sees haue in certaine cases aboue ordinary Bishops within their Prouinces And that of the Archbishop of Canterburie principally consisteth of these points First in the confirmation of all elections made of Bishops by the Deane and Chapter of all Cathedrall Churches as also the consecration of them Next in a power of visiting his whole Prouince of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiuing appeales from their courtes of assigning coadiutours to those Bishops that grow weake and insufficient to discharge their function of appointing Vicars generall to those that haue either none or an insufficient man employed in that office and of dispensing in all ecclesiasticall cases wherein the lawes beare dispensation of taking oath of euery Bishop at his confirmation to performe canonicall obedience vnto the See of Canterburie But thes seem to belong vnto him by an ordinarie archiepiscopall authority Certaine other things there be that appertaine vnto him more then ordinarily to other Archbishops as the originall calling of any person in any cause belonging to spirituall iurisdiction out of any part of his prouince though not appealed But this point is now limited by the Statute made anno 23. Henr. 8. ca. 9. The receyuing of an appeale from the lowest Iudge ecclesiasticall
benefice conferreth it vpon his Clerke whilest two others be contending in law for the right of presenting Exposition of the terms of law old nat br fol. 30. and Fitzh nat br fol. 48. Register originall fol. 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his tenent being his ward that after couenable mariage offered him marieth another and entreth neuer the lesse vpon his land without agreement first made with his Lord and Gardian Terms of the law Quare non permittit is a writ that lyeth for one that hath right to present for a turne against the proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the lawe of England to the widow of a landed man deceased whereby shee may challenge to continue in his capitall messuage or cheife mansion house by the space of 40. daies after his decease Of this see Bracton lib. 2. cap. 40. And if the heire or any other attempt to eiect her shee may haue the writ De Quarentina habenda Fitzh nat br fol. 161. see anno 9. H. 3. cap. 7. anno 20. cap. pri and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriueth this word from the French Quaresme Who also haue this custome called lo quaresme des vefues granted to widows after the decease of their husbands as he proueth out of Papon in his Arrests libro 15. titulo des dots cap. 7. lib. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentena habenda is a writ that lyeth for a widow to inioy her Quarentine Register originall fol. 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clerk that hath recouered in a plee of Aduowsen The furder vse whereof see in Fitzh nat br fol. 47. Register originall fol. 32. See the new booke of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who hauing a seruitude to passe through his neighbours ground cannot inioy his right for that the owner hath so strengthened it Fleta li. 4. cap. 26. § Item si minus Quarter Sessions is a court held by the Iustices of peace in euery Countie once euery quarter The iurisdiction whereof how farre it extendeth is to be learned out of M. Lamberds Eirenarcha Sir Thomas Smith de Republ. Anglor lib. 2. ca. 19. But to these you must adde the late statutes of the Realme for their power daily increaseth Originally it seemeth to haue bene erected onely for maters touching the peace But in these daies it extendeth much farder That these Sessions shold be held quarterly was first of all ordeined so farre as I can learne by the statute anno 25. Ed. 3. stat pri cap. 8. of these read Lamberds Eirenarcha the fourth booke throughout where he setteth them out both learnedly and at large Quashe quassare commeth of the French quasser i. quassare conquassare it signifieth in our common law to ouerthrowe Bracton lib. 5. tracta 2. cap. 3. nu 4. Quekbord anno 17. Ed. 4. ca. 2. Que est mesme signifieth verbatim Which is the selfe same thing It is vsed in our common law as a word of art in an action of trespas or of like nature for a direct iustification of the very act complained of by the plaintffe as a wrong for example in an action of the case the plaintiffe saith that the Lord threatned his Tenents at will in such sort as he draue them to giue vp their tenures The Lord for his defence pleadeth that he said vnto them that if they would not depart he would siew them as the law would This being the same thretning that he vsed or to speake artificially que est le mesme the defence is good Of this see Kitchin in the chapter Que est le mesme fol. 236. where you may haue many like examples Que estate word for word signifieth Quem statum It signifieth in our common law a plee whereby a man intitling another to lands c saith that the same estate that he had himselfe hath from him for example in a Quare impedit the Plaintife alleadgeth that such foure persons were seised of lands whereunto the Advowsen in question was appendant in fee and did present to the Church and afterward the Church was voide Que estat del c. that is which estate of the foure persons he faith also that he hath nowe during the vacation by vertue whereof he presently c. Brooke titulo Que estate fol. 175. 176. But it is harder to knowe when this Que estate is to be pleaded then to vnderstand what it is as by him may appeare See the new booke of Entries verbo Que estate Queene Regina is either shee that houldeth the Crowne of this Realme by right of blood or els shee that is maried to the King In the former signification shee is in all construction the same that the King is and hath the same power in all respects In the other signification shee is inferiour and a person exempt from the King For shee may siew and be siewed in her owne name Yet that shee hath is the Kings and looke what shee looseth so much departeth from the King Stawnf praerog cap. 2. fol. 10. in fine See Kitchin fol. 1. b. See Cooke lib. 4. Copy-hould cases fo 23. b. Augusta was the like among Romaines how be it not euisdem iuris in all things Queenes siluer See Kings siluer Quem reditum reddat is a writ Iudiciall that lyeth for him to whom a rent seck or rent charge is graunted by fine leuied in the Kings Court against the Tenent of the land that refuseth to atturne vnto him thereby to cause him to atturne See old nat br fol. 156. and West parte 2. Simbol titulo Fines sect 125. See the new booke of Entries Verbo Quem reditum reddit Querela friscae fortiae is a writ See Fresh force Querela coram Rege consilio discutienda terminanda is a writ whereby one is called to iustifie a complaint of a trespasse made to the king and himselfe before the King his counsell Register originall fol. 124. b. Questus est nobis c. is the sorme of a writ of Nusance which by the statute anno 13. Ed. pri cap. 24. lieth against him to whome the house or other thing that breedeth the Nusance is alienated wheras before that statute this actiō lay onely against him that first leuied the thing to the hurt of his neighbour See the Statute Quia improvide seemeth to be a supersedeas graunted in the behalfe of a clerke of the Chawncerie siewed against the priuiledge of that court in the common plees persiewed to the exigēd See Dyer f. 33. n. 18. Quid iuris clamat is a writ Iudiciall issuing out of the Record of the Fine which remaineth with
sale conduct them back againe And therfore in those forests that haue no pouralleeses there be no Rawngers but Foristers serue the turne This Raunger is made and appointed by the King his leters patents vnder the great seale and for his beter incouragement in his dutie he hath a yearely fee of 20. pound or 30. pound paid out of the Exchequer and certaine fee Deere both redde and falow His office consisteth cheifely in these three points ad perambulandum quotidie per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quà m de malefactoribus in Balliua sua ad refugandum feras Forestae tam veneris quà m chaseae de terris deafforestatis in terras afforestatas and ad praesentandū omnes transgressiones Forestae in terris deafforestatis factas ad proximas curias illius Forestae tentas Rawnsom See Ransom Ray seemeth to be a word attributed to cloth neuer coloured or died v. anno 11. H. 4. cap. 6. Realtie See Royaltie Reasonable ayde Rationabile auxilium is a duty that the Lord of the fee claimeth holding by Knights seruice or in soccage to marie his daughter or to make his sonne Knight Westm 1. cap. 39. See Ayde See Brooke titulo Reasonable aide Reattachement Reattachiamentum is a second attachement of him that was formerly attached and dismissed the court without day as by the not cōming of the Iustices or some such like casualtie Brooke tit Reattachment where he maketh a Reattachment generall and a Reattachment speciall Reattachment general seemeth to be where a man is reattached for his appearance vpon all writs of Assise lying against him Brooke eodem nu 14. Then speciall must be for one or more certaine Register Iudiciall fol. 35. See the newe booke of Entrise verbo Reattachment Rebellion Rebellio is a French word signifiing the taking vp of armes against the King or present estate This French commeth from the Latine Rebellio which signifieth a second resistance of such as being formerly ouercome in battaile by the Romanes yeelded themselues to their subiection The French men and we vse it generally for the traiterous taking vp of armes against the estate be it by naturall subiects or by others formerly subdued Reade more of this lib. 3. feudorum cap. 61. and Hotoman vpon the same chapter See the writ of Rebellion Rebell is sometime attributed to him that wilfully breaketh a lawe anno 25. Ed. 3. cap. 6. anno 31. eiusdem stat 3. c. 2. sometime to a villein disobeying his Lord a. 1. R. 2. c. 6. Rebellious Assembly is a gathering together of 12. persons or more intending or going about practising or putting in vre vnlawfully of their owne authoritie to chaunge any lawes or statutes of this Realme or to destroy the inclosure of any park or ground inclosed or bankes of any fisheponds pale or conduict to the intent the same shall remaine voide or to the intent vnlawfully to haue common or way in any of the said grounds or to destroy the Deere in any Park or any warrē of conies or deuehouses or fish in any pondes or any house barnes mils or bayes or to burne stacks of corne or to abate rents or prices of victuals an pri Mar. c. 12. an 1. Eliza. cap. 17. See West parte 2. symbol titulo Inditem 〈…〉 s. Sectio 65. And Cromptons Iustice of peace f. 41. b. Rebutter commeth of the French Bouter i. pellere impellere propellere intrudere and signifieth in our common lawe the same thing For example a man giueth land to him and the issue of his body to antoher in fee with warranty And the Donnee leaseth out this land to a third for yeares The heire of the Donour impleadeth the tenent alleadging that the land was intailed to him The Donee commeth in and by vertue of the warrantie made by the Donour repelleth the heire because though the land were intailed to him ye◠he is heire to the warranty likewise and this is called a Rebutter See Brooke titulo Barre nu 13. And againe if I graunt to my tenent to hould sine impetitione vasti and afterward I implede him for waste made he may debarre me of this action by shewing my graunt and this is likewise a Rebutter Idem eodem nu 25. See the newe booke of Entries verbo Rebutter Renant anno 32. H. 8. ca. 2. Recaption Recaptio signifieth a second distresse of one formerly distreined for the selfe same cause and also during the plee grounded vpon the former distresse It likewise signifieth a writ lying for the party thus destreined the forme and farder vse whereof you may see in Fitzh nat br fol. 71. and the Register orig fol. 86. and the Register Iudiciall fol. 69. and the new booke of Entries verbo Recaption Receyver Receptor or Receptator generally and indefinitely vsed is as with the Ciuilians so also with vs vsed commonly in the euill part for such as receiue stollen goods from theeues and conceale them l. 1. Π. de receptatoribus but annexed to other words as the receiuer of rents c. it signifieth many times an officer of great accoumpte belonging to the king or other great personage Cromptons Iurisdict fol. 18. There is also an officer called the Reiceiuer of Fynes who receiueth the mony of all such as compound with the King in the office of the finances for the buying of any lands or tenements houlden in Capite West parte 2. symbol titulo Fines sect 106. Receiuer of all offices accounptable anno 1. Ed. 4. ca. 1. Receiuer generall of the Duchy of Lancaster is an officer belonging to the Duchy court that gathereth in all the reuenewes and fines of the lands of the said Duchy and of all forfeitures and assesments or what else is thence to be receiued Receiuer generall of the court of Wards and liueries is an officer belonging to that court that is to receiue all rents revenewes and fines of the lands belonging to his maiesties wards as also the fines for licences to the Kings widowes to mary of ouster le main sued out and for idiots and lunatikes land and finally all other profits whatsoeuer in mony arising to his maiestie out of or by reason of the court of wards and lyveries Receiuer generall of the Muster rolles anno 35. El. ca. 4. Receiuer generall of the Duchie of Lancaster of the wards and liveries anno 39. Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stirre out of his house or cloyster Litleton fol. 92. Recognisance Recognitio commeth of the French Recognoisance i. agnitio recognitio and in our common lawe is thus defined A Recognisance is a bond of record testifing the recognizour to owe vnto the recognizee a certaine summe of money and is knowledged in some court of record or before some Iudge or other officer of such court hauing authoritie to take the same as the Masters of the Chancerie the Iudges of
the Parson of the Church dying a straunger presenteth his Clerke to the Church he not hauing moued his action of Quare impedit nor darrein presentment within sixe monethes but suffered the straunger to vsurpe vpon him And this writ he only may haue that claimeth the Aduowzen to himselfe and to his heires in fee. And as it lyeth for the whole aduowzen so it lyeth also for the halfe the third the fourth part old nat br fol. 24. Register originall fol. 29. Recto de custodia terrae haeredis is a writ that lyeth for him whose Tenent houlding of him in Chiualry dyeth in his nonage against a straunger that entreth vpon the land and taketh the body of the heire The forme and farder vse whereof see in Fitzh nat br fol. 139. and the register originall fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the kings court sc in the common plees doth avow vpon his tenent and the Tenent disclaimeth to hould of him vpon the disclaimer he shall haue this writ and if the Lord auerre and proue that the land is houlden of him he shall recouer the land for euer old nat br fo 150. which is grounded vpon the statute Westm 2. ca. 2. anno 13. Ed. pri which statute beginneth Quia Domini feudorum c. Rector is both Latine and English signifiing a Gouernour In the common law rector ecclesia parochialis is he that hath the charge or cure of a parish Church qui tantum ius in ecclesia parochiali habet quantum praelatus in ecclesia collegiata ca. vlt De locat Conduct in glos verbo Expelli potuissent In our common law I heare that it is lately ouer ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicarage endowed and he that hath a personage without a vicarage is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton vseth it otherwise lib 4. tracta 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios vt personae Where it is plaine that rector and persona be confounded Marke also these words there following Item dici possunt rectores Canonici de ecclesus praebendatis Item dici possunt rectores vel quasi Abbates Priores alii qui habent ecclesias ad proprios vsus Rectus in curia is he that standeth at the barre and hath no man to obiect any offence against him Smith de repub Angl li. 2. c. 3. see a. 6. R. 2. sta 1. c. 12. Reddendum is vsed many times substantiuely for the clause in a lease c. Whereby the rent is reserued to the leasour Coke lib. 2. Lord Cromwels case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adiudged to haue disseised the same man of his lands or tenements For the which there lyeth a speciall writ called a writ of redisseisin old nat br fol. 106. Fitzh nat br fol. 188. See the new booke of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin Reg. orig fo 206. 207. Reddicion is a iudiciall confession and acknowledgement that the land or thing in demauÌ„d belongeth to the demaundant or at the least not to himselfe a. 34. 35. H. 8. ca. 24. Perkins Dower 379. 380. Redubbours be those that buy cloth which they know to be stollen and turne it into some other forme or fashion Britton cap. 29. Cromptobs Vicount fol. 193. a. Reentry coÌ„meth of the French râ—â—trer i. rursus intrare and signifieth in our common law the resuming or taking againe of possession which we had â—â—â—st forgone For example if I make a lease of land or tenement I doe thereby forgoe the possession and if I doe condition with the Leassee that for non payment of the rent at the day it shal be lawfull for me to reenter this is as much as if I conditioned to take againe the lands c. into mine owne hands and to recouer the possession by mine owne fact without the assistance of Iudge or proces Reere countie See Rier Cowntye Re extent is a a second extent made vpon lands or tenements vpon complaint made that the former extent was partially performed Brooke titulo Extent fol. 313. Regard regardum is borowed of the French Regard or Regardure i. aspectus conspectus respectus and though it haue a generall signification of any care or diligence yet it hath also a speciall acceptance and therein is vsed onely in maters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging tothe Regarders office or charge Cromptons Iurisd fol. 175. 199. Touching the former thus saith M. Manwod parte pri of his Forest lawes pag. 198. The Eire generall sessions of the Forest or Iustices seat is to be houlden and kepte euery third yeare and of necessity before that any such sessions or Iustices seate can be houlden the Regarders of the Forest must make their Regard And this making of the Regard must be done by the kings writ And the Regard is as he afterward there saith to goe through the whole Forest and euery Bayliwicke of the same to see and enquire of the trespasses of the Forest which he compriseth in these 4. viz. ad videndendum ad inquirendum ad imbreviandum ad certificandum Of euery of which braunches you may reade there his exposition Touching the second signification the compas of the Regarders charge is the whole Forest that is all that ground which is parcell of the Forest For there may be woods within the limits of the Forest that be no parcell thereof and those be without the Regard as the same author plainely declareth parte pri pag. 194. and againe parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra Regardum or Rewardum Infra Forestam Regarder Regardator commeth of the French Regardeur i. spectator signifieth an officer of the Forest Cromptons Iurisdict fol. 153. where it is thus defined A Regarder is an officer of the Forest appointed to survew all other officers He saith there also that this officer was ordeined in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag. 188. thus defineth him A Regarder is an officer of the Kings Forest that is sworne to make the Regard of the Forest as the same hath been vsed to be made in auncient time And also to view and inquire of all offences of the Forest as well of vert as of venison and of all concealements of any offences or defaults of the Foresters and of all other officers of the Kings Forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings
leters patents or by any one of the Kings Iustices of the Forest at his discretion in the generall Eyre or at such time as the Regard is to be made by vertue of the Kings writ directed to the Shyreeue of the Countie for that purpose The forme of which writ he there setteth downe After that pag. 192. he setteth downe his oath in these words You shall truly serue our souereigne Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such maner as the same hath beene accustomed to be made You shall raunge through the whole forest and through euery Bailiwicke of the same as the Foresters there shall lead you to view the said forest And if the foresters will not or doe not know how to lead you to make the regard or raunge of the Forest or that they will conceale from you any thing that is forfeited to the King you your selues shall not let for any thing but you shall see the same forfeiture and cause the same to be inrolled in your rolle You shall inquire of all wastes pourpre stures and Asserts of the Forest and also of concealements of any offence or trespasse in the Forest all these things you shall to the vttermost of your power doe so helpe you God Then you may reade farder the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be vpon their view and so recorded and that the Regarders of themselues haue power to heare and determine the fine or amerciament for expeditating of dogs See Regard Regio assensu is a writ whereby the King giueth his Royall assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie Registrum commeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with vs the office or books or rolls wherin are recorded the proceedings of the Chauncerie or any spirituall courte The writer and keeper whereof is called the Register in latine Registarius Register is also the name of a booke wherein are expressed all the formes of writs vsed at the common lawe called the Register of the Chauncerie anno 13. Ed. prim cap. 24. Some say it is tearmed Registrum quasi Regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbush an old garment and to make it new againe Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sel them the beter mentiends coloris artem optime callebant Martialis Plinius This word in our cōmon lawe did aunciently signifie such as bought by the great and sold by retayle anno 27. Ed. 3. stat prim ca. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or faire or within 5. miles thereof anno 5. Ed. 6. cap. 14. anno 5. Eliz. cap. 12. anno 13. Eliz. cap. 25. See Forestallers and Engrossers Rehabere facias seisinam quando Vice comes liberavit seifinam de maiore parte quam deberet is a writ Iudiciall Regist. Iudicial fol. 13. 51. There is another writ of this name and nature eodem fol. 54. Reioynder reiunctio signifieth in our common lawe as much as Duplicatio with the Ciuilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffes bill is called an exception the plaintiffes aunswer to that is called a Replication and the Defendants to that Duplication in the ciuill lawe and a Reioynder with vs especially in Chauncerie West parte 2. symb titulo Chauncerie sect 56. where he citeth these words out of Spigelius Est autem reiunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationē actoris confirmandum except ionem Rei Relation relatio idem quod fictioiuris to make a nullitie of a thing from the beginning for a certaine intent which had essence Cooke lib. 3. Butler Baker fol. 28. b. which in playner termes may be thus expounded Relation is a fiction of the lawe whereby something is for a speciall purpose imagined neuer to haue bene which in truth was Reade the rest Release relaxatio commeth of the French Relasche i. cessatio relaxatio lax amentum and in our common lawe is thus defined A Release is an Instrument whereby estates rights titles entries actions and other things be some time extinguished some time transserred sometime abridged and sometime enlarged West parte prim symbol lib. 2 sect 509. And there is a Release in fact and a release in lawe Perkins Graunts 71. A release in fact seemeth to be that which the very words expressely declare A Release in lawe is that which doth acquite by way of consequent or intendment of lawe An example whereof you haue in Perkins vbi supra Of these how they be auaileable how not see Litleton at large li. 3. cap. 8. fol. 94. of diuers sortes of these Release see the newe booke of Entries verbo Release Reliefe relevium commeth of the French relever i. relevare and fignifieth in our common lawe a certaine summe of money that the tenent holding by knights seruice grand sergeantie or other tenure for the which homage or regall seruice is due or by soccage for the which no homage is due and being at full age at the death of his auncestour doth pay vnto his Lord at his entrance Bracton lib. 2. cap. 36. giueth a reason why it is called a Reliefe viz. quia haereditas quae tacens fuit per antecessoris decessum relevatur in manus heredum propter factam relevationem facienda erit ab herede quaedam praestatio quae dicitur Relevium Of this you may read Britton cap. 69. in a maner to the same effect Of this also speaketh the Grand Custumary of Normandie cap. 34. to this effect It is to be knowne that the Lord of the fee ought to haue reliefe of the lands which be held of him by homage when those die of whom he had homage And that this is not onely proper to vs in Eng. or Normandie appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quodnovus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alto quo casu feudum ceciderit quod iam à novo sublevetur and farder speaketh of it that which is worth the reading and containeth great knowledge of antiquitie See the like definition in Maranta singularibus verbo Relevium For the quantitie of this reliefe see the Great charter cap. 2. in these words If any of our Earles or Barons or any other our tenents which hold of vs in chiefe by knights seruice dye and at the time of his death his heire is of full age and oweth
to vs reliefe he shall haue inheritance by the old Reliefe that is to say the heire or heires of an Earle for one whole Earldome one hundred pound the heire or heires of a Baron for one whole Baronie one hundred merkes the heire or heires of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall giue lesse according to the old custome of the fees Reade also Glanvile lib. 9. cap. 4. fol. 68. who saith that in his dayes the Reliefe of a Baronie was not certaine The heire in francke soccage when he commeth to his full age after the death of his auncester shall double the rent that he was wont to pay to the Lord and that shall be in place of reliefe old nat br fol. 94. Somewhat more hereof you may reade in anno 28. Ed. prim statut prim and Kitchin fol. 145. ca. Reliefe and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutioest quaedam extrinseca praestatio à consuetudine introducta quae non inest feudo quodque soluitur proconsirmatione seu renouatione investiturae possessionis See Heriot This Leo the Emperour Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the auncienter ciuile lawe it is termed introitus l. penult § Alumno Πde legatis Skene de verb. signif saith that Reliefe is a French word from the Latine relevare which is to releeue or take vp that which is falen For it is giuen by the tenent or vassall being of perfect age after the expiring of the wardeship to his Lord of whome he holds his land by Knights seruice that is by ward and reliefe and by payment thereof he relieues and as it were raiseth vp againe his lands after they were fallen downe into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our common law a power or hope to inioy lands tenements or rents after the estate of another expired For example a man may let land to one for terme of his life and the Remainder to another for terme of his life Litleton cap. Atturnment fol 113. And this Remainder may be either for a certaine terme or in fee simple or fee taile as might be proued by many places in the law writers But in steed of the rest take Brooke titulo Done Remainder fol 245. Glanuile lib. 7. ca. pri in fine hath these words Not andum quod nec Episcopus nec Abbas quiaeorum Baroniae sunt de eleemozina Domini Regis antecessorum eius non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Demini Regis Where it appeareth that Dare ad remanentiam is to giue away for euer To the same effect doth he vse it cap. 9. eiusdem libri in these words speaking of the Lords of mancrs during the minority of their wards Nihil tamen de haereditate de iure alienare possunt ad remanentiam In the like sort doth Bracton vse it lib. 2. cap. 23. in fine and also lib. 4. tracta 2. cap. 4. nu 4. See the new booke of Entries verbo Remainder Remembrancers of the Exchequer Rememoratores be three officers or clerks one called the Kings Remembrancer anno 35. El. cap. 5. The other the Lord Treasurers Remembrancer vpon whose charge it seemeth to lye that they put all Iustices of that court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and delt in for the Princes behoofe The third is called the Remembrancer of the first fruites Of these you may read something anno 5. Rich. 2. stat pri cap. 14. 15. to the effect aboue specified These anno 37. Ed. 3. cap. 4. be called clerks of the Remembrance It seemeth that the name of this officer is borowed from the Ciuilians who haue their Memoriales qui sunt notarii Cancellariae in regno subiects officio Questoris Lucas de penna C. lib. 10. tit 12. nu 7. The kings Remembrancer entreth in his office all recognicances taken before the Barons for any the Kings debts for apparences or for obseruing of orders He taketh al bonds for any of the kings debts or for apparance or for obseruing of orders and maketh proces vpon them for the breach of them He writeth proces against the collectors of customes subsidies and fiueteenthes for their accompts All informations vpon penall statutes are entred in his office And all maters vp on English bils in the Exchequer chamber are remaining in his office He maketh the bils of compositions vpon penall lawes taketh the stalments of debts maketh a record of a certificate deliuered vnto him by the clerk of the Starre-chamber of the fines there set and sendeth them to the pipe He hath deliuered vnto his office all maner of indentures fines and other euidences whatsoeuer that concerne the assuring of any lands to the Crowne He yearely in crastino animarum readeth in open court the statute for the elections of Shyreeues and giueth those that chuse them their oath he readeth in open court the oath of all the officers of the court when they are admitted The treasurers remembrancer maketh proces against all Shyreeues escheators receiuers and bayliffs for their accoumpts He maketh proces of fieri facias and extent for any debts due to the King either in the pipe or with the auditors He maketh proces for all such reuenew as is due to the King by reason of his tenures He maketh a record whereby it appeareth whether Shyreeues and other accountants pay their profers dew at Easter and Michelmas He maketh another record whereby it appeareth whether Shyreeues and other accountants keepe their daies of prefixion All extreats of fines issues and amerciaments set in any courts of Westminster or at the assises or sessions are certified into his office and are by him deliuered to the clerk of extreats to write proces vpon them He hath also brought into his office all the accoumpts of customers controllers and other accoumptants to make thereof an entry of record The Remembrancer of the first fruites taketh all compositions for first fruites and tenthes and maketh proces against such as pay not the same Remittere commeth of the French remettre i. restituere reponere and signifieth in our common law a restitution of one that hath two titles to lands or tenements and is seised of them by his later title vnto his title that is more auncient in case where the later is defectiue Fitz. nat br fol. 149. F. Dyer fol. 68. nu 22. This in what case it may be graunted to any man see in Brooke titulo Remitter and the terms of law The Doctor and Student of this mater hath these words if land discend to him that hath right to that land before heshalbe remitted to his beter title if he will capite nono fol. 19. b.
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the statute anno 27. Ed. 3. stat 2. cap. 17. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners by direction from the mouth of the King Guins preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
it Aulote Auscote in principio Henrici secundi Scotall Scotalla is a word vsed in the Charter of the Forest ca. 7. in these words as Pupilla oculi hath them parte 5. cap. 22. Nullus Forestarius vel Bedellus faciat Scotallas vel garbas colligat vel aliquam collectam faciat c. M. Manwood parte pri of his Forest lawes pag. 216. thus defineth it A Scotall is where any officer of the Forest doth keepe an alehouse within the Forest by colour of his office causing men to come to his house and there to spend their mony for seare of hauing displeasure It seemeth to be compounded of Scot and Ale Scutagio habendo is a writ that lieth for the King or other Lord against the Tenent that houldeth by knights seruice wherein homage fealtie and escuage be conteined being to make a viage to warre against the Scots or French men For in those cases this writ issueth out to all such tenents to serue by themselues or a sufficient man in their place or else to pay c. See Fitzh nat br fol. 83. It is vsed in the Register originall for him to recouer escuage of others that hath either by seruice or fine performed his owne to the King fo 88. a. Sealer Sigillator is an officer in Chauncerie whose dutie is to seale the writs and instruments there made Seane fish anno 1. Iacob ses 1. cap. 25. Sea ne fish ibidem seemeth to be that fish which is taken with a very great and long net called a seane Second deliuerance Secunda deliberatione is a writ that lyeth for him who after a returne of catel repleuied adiudged to him that distreined them by reason of a default in the party that replevied for the repleuying of the same catell againe vpon securitie put in for the redeliuerie of them if in case the distresse be iustified New booke of Entries verbo Replevin in second deliuerance fol. 522. col 2. v. Dyer fol. 41. n. 4. 5. Secta ad Curiam is a writ that lyeth against him who refuseth to performe his suite either to the Countie or Court Baron Fitz. nat br fol. 158. Secta facienda per illum qui habet eniciam partem is a writ to compell the heire that hath the elders part of the cobeires to performe seruice for all the coparceners Regist origin f. 177. a. Secta molendini is a writ lying against him that hath vsed to grind at the mille of B. and after goeth to another mille with his corne Register origin fol. 153. Fitz. nat br fol. 122. But it seemeth by him that this writ lyeth especially for the Lord against his franke Tenents who hold of him by making suite to his mill eodem See the new book of Entries verbo Secta ad molendinum By likelihood this seruice is also in FrauÌ„ce For Balduinui ad titulum de servitutibus pradiorum in Institut hath these words Bannalis mola nova barbarae seruitutis species est qua hodie passim rustici coguntur vna mola quam bannalem vocamus vnoque furno vti ad quaestum Domini qui fortasse praeest iurisdictioni eius pagi Sectam proferre est testimonium leg alium hominum qui contractui inter eos habito interfuerint praesentes producere Fleta lib. 2. cap. 63. § Nullus And secta is vsed for a witnes Idem lib. 4. cap. 16. § final Habes tamen sectam vnam vel plures c. Secta ad Iusticiam faciendam is a seruice due for â—a mans see to be performed â—eing by his see bound thereunto Bracton lib. 2. cap. 16. num 6. Secta vnica tanium facienda pro pluribus haereditatibus is a writ that lyeth for that heyre that is distreined by the Lord to more suites then one in respect of the land of diuers heires descended vnto him Register orig fol. 177. a. Sectis non faciendis is a writ that lyeth for one in wardship to be deliuered of all suites of Court during his wardship Register origin fol. 173. b. See other vse of â—â—is writ eodem fol. 174. touching women that for their dower ought not to performe suite of Court Seounda superoneratione pastura is a writ that lyeth where measurement of pasture hath bene made and he that first surcharged the common doth againe surcharge it the measurement notwithstanding Register origin fol. 157. oldnat br fol. 73. Secundarie secundarius is the name of an Officer next vnto the chiefe Officer as the Secundarie of the fine Office the Secundarie of the Counter which is as I take it next to the Shyreeue in London in ech of the two Counters Secundarie of the office of the priuie seale anno 1. Ed. 4. cap. 1. Secundaries of the Pipe two Secundarie to the Remembrancers two which be Officers in the Exchequer Camden pag. 113. Securitatem inueniendi quòd se non diuertat ad partes exteras fine licentia Regis is a writ that lyeth for the King against any of his subiects to stay them from going out of his kingdome The ground whereof is this that euery man is bound to serue and defend the Commonwealth as the King shall thinke meet Fitz. nat br fol. 85. Securitate pacis is a writ that lyeth for one who is threatened death or daunger against him that threateneth taken out of the Chauncerie to the Shyreeue whereof the forme and farder vse you may see in the Register origin fol. 88. b. and Fitzh nat br fol. 79. Se defendendo is a plee for him that is charged with the death of another saying that he was driuen vnto that which he did in his owne defence the other so assaulting him that if he had not done as he did he must haue beene in perill of his owne life Which daunger ought to be so great as that it appeare incuitable As Stawnford saith in his plees of the Crowne li. 1. ca. 7. And if he doe iustifie it to be done in his owne defence yet is he driuen to procure his pardon of course from the Lord Chanceler and forfeiteth his goods to the King As the said authour saith in the same place Seignior Dominus is borowed of the French seigneur It signifieth in the generall signification as much as Lord but particularly it is vsed for the Lord of the see or of a maner euen as Dominus or senior among the Feudists is he who graunteth a a fee or benefite out of his land to another And the reason is as Hotoman saith because hauing graunted the vse and profite of the land to another yet the propertie i. Dominium he still reteineth in himselfe See Hotoman in verbis feudal verbo Dominus Senior Seignior in grosse seemeth to be he that is Lord but of no maner and therefore can keepe no court Fitz. nat br fol. 3. b. See Seignorie Seignourage anno 9. H. 5. stat 2. cap. 1. seemeth to be a regalitie or prerogatiue of the king whereby he challengeth allowance of gold and siluer
brought in the masse to his Exchange for coyne Seignorie Dominium is borowed of the French seigneury i. ditio dominatus imperium principatus potentatus It signifieth peculiarly with vs a Maner or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the title of him that is not Lord by meanes of any maner but immediatly in his owne person as Tenure in capite whereby one holdeth of the King as of his Crowne is seignorie in grosse because it is held of the king for the time being and not of the King as of any honour maner c. Kitchin fol. 206. See Seignior Seisin seisina is borowed of the French seisine i. possessio and so it signifieth in our common lawe and to seise is to take possession Primier seisin prima seisina is the first possession See Primier seisin of the French word seisir is made a Latine seisire vsed by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Ciuilians Guido Pap. singula 865. Seisire est etiam possessionem tradere Tiraquellus in Tractatu Le mort saisit le vif pag. 53. num 3. Seisin with our common Lawyers is two fold seisin in fact and seisin in lawe Perkins Dower 369. 370. Seisin in fact is when a corporall possession is taken seisin in lawe is when something is done which the lawe accompteth a seisin as an Inrolment Seisin in lawe is as much as a right to lands and tenements though the owner be by wrong disseised of them Perkins Tenent per le courtesie 457. 478. And it seemeth by Ingham that he who hath had an houres possession quietly taken hath seisin de droit de claime whereof no man may disscise him by his owne force or subtiltie but must bee driuen to his action § Bref denovel disseisin Sir Edward Cooke lib. 4. calleth it seisin in lawe or seisin actuall fol. 9. a. The Ciuilians call the one ciuilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a writ that lyeth for the deliuery of seisin to the Lord of his land or tenements that formerly was conuicted of felony after the King in the right of his prerogatiue hath had the yeare day and wast Rog. orig fol. 165. a. Selion selio is borowed of the French sellon i. terra elata inter duos sulcos in Latine Porca in english a Ridge or land It signifieth euen so with vs also and is of no certaine quantity but some time conteineth an acre sometime halfe an acre sometime more and sometime lesse West parte 2. symbol titulo Recouery sect 3. Therefore Crompton in his Iurisdictions fol 221. saith that a selion of land cannot be in demaund because it is a thing vncertaine Seneshall senescallus is a French word but borowed from Germany being as Tilius saith compounded of Schal i. servus aut officialis and Gesnid 1. familia we english it a Steward As the high Seneshall or Steward of England pl. cor fol. 152. High Seneshall or Steward and South seneshall or vndersteward Kitchin fol. 83 is vnderstood for a steward or vndersteward of Courts Seneshal de l'hostel de Roy Steward of the Kings houshold Cromptons Iurisdictions fol. 102. Senescallo Mareshallo quod non teneant placita de libero tenemento c. is a writ directed to the Steward or Marshall of England inhibiting them to take cognisance of any action in their court that concerneth either Freehold dept or couenant Register orig fol. 185. a. 191. b. Senie aliâs Sene sena is a leafe of a medicinable herbe that bringeth foorth stalkes of a cubite high purging phlegmaticke cholericke and also melancholicke humors without great violence The farder vse whereof you may reade in Gerrards Herbal lib. 3. cap. 8. This is mentioned among other drugs and spices to be garbled anno 1. Iacob cap. 19. Septuagesima is a sunday certaine and alwayes the third sabbath before Shrouesunday from the which vntill the Octaues after Easter the solemnizing of mariage is by the Canon lawes forbidden The reason whereof is giuen for that all this time vntill Easter is a time of mourning for the fall of Adam and for the miserie of man thereof insuing And Easter with the Octaues thereof is a time of Christs glorification and so of ours also in him for his and by him our conquest ouer death and sinne And that therefore all carnall affection ought during that space to be wholy mortified in vs See Quinquagesima see Aduent see Rogation weeke Sequatur sub suo periculo is a writ that lyeth where a summons ad warrantizandum is awarded and the Shyreeue returneth that he hath nothing whereby he may be summoned For then goeth out an Aliâs and Pluries And if he come not at the Pluries then shall go out this writ old nat br fol. 163. Sequestration sequestratio is a separating of a thing in controuersie from the possession of both those that contend for it And it is double voluntarie or necessarie Voluntarie is that which is vsed by the consent of each partie Necessarie is that which the Iudge of his authoritie doth whether the parties will or not It is vsed also for the act of the ordinarie disposing of office the goods and chatels of one deceased whose estate no man will meddle with Dyer fol. 232. num 5. fol. 256. num 8. fol. 160. nu 42. fol. 271. num 26. As also in the gathering of the fruites of a Benefice voide to the vse of the next incumbēt anno 28. H. 8. cap. 11. Fortescue cap. 50. and in diuers other cases Sequestro habendo is a writ iudiciall for the dissoluing of a sequestration made by the Bishop at the Kings commaundement of the fruites of a benefice thereby to compell the Parson to appeare at the suite of another for the Parson vpon his apparence may haue this writ for the release of the sequestration egist Iudicial fol. 36. a. Sergeant seruiens commeth of the French sergeant i. satelles accensus a man of the Guard a kind of souldier so called because he was saepè aecitus ad res necessarias in exercitu peragendas Calepin M. Skene de ver sign verb. Seriant hath these words Sergeant commeth from Sergent quae est vox composita de Serrer quod est includere gent quod pro gente populo vel plebe vsurpatur Itaque Seriandus dicitur qui iussu magistratus quemlibet de populo reum crimin is in carcerem coniicit seu includit This word Sergeant is diuersly vsed in our law and applyed to sundrie offices and callings First a Sergeant at lawe or of the coyfe is the highest degree taken in that profession as a Doctor is in the ciuill lawe And to these as men best learned and best experienced of all others is there one court seuered to plead in by themselues and that is the Court
businesse See Association And Fitz. nat br fol. 185. 111. C. and Register origin fol. 202. 206. 124. Si recognoscant is a writ that lyeth for a Creditour against his depter for money numbred that hath before the shyreeue in the Countie court acknowledged himselfe to owe vnto his creditor such a summe receiued of him in numeratis pecunits The forme of the writ is this Rex Vicecomiti salutem Praec tibi quod si A. recognoscat se debere R. 40. solid fine vlteriori dilatione tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum Teste c. Old nat br fol. 68. Skawe anno 4. Ed. 4. cap. 1. Skyvinage anno 27. H. 6. cap. 2. a proper name signifying the precincts of Caleis Sluse exclusa is a frame to keepe or let water out of a grounde Soc Soca is a word signifiing a power or libertie of Iurisdiction as appeareth by these words out of Bracton Sunt quidam Barones alii libertatem habentes sc soc sac Tol Thean Infangthefe Vtfangthefe isti possunt iudicare in Curia sua eum qui inuentus fuerit iufra libertatem suam seisitus de aliquo latrocinio manifesto li. 3. tractat 2. cap. 8. In the lawes of King Edward set out by M. Lamberd fol. 132. you haue these words Socha est quod si aliquis quarit aliquid in terra sua etiam furtum sua est Iusticia si inuentum fuerit an non Saxon in the description of Britany cap. 11. saith that Sock is a suite of Court and that thereof commeth Soken But the signification of the word as I haue bene credibly informed is as much as Inquisitio which we in moderne English terme seeking Of this Sok Skene de verborum signifie speaketh to this effect Sok is an ould word vsed in Charters and feofments which in sundry old bookes conteining the municipiall law of this Realme is called Secta de hominibus suis in curia secundum consuetudinem Regni So after my opinion he that is infeoffed with Sck. which now we call Soit but we in England Suite hath power to hould courts within his owne Baronie in which homines sui should giue Soyt Thus farre M. Skene Of this Fleta hath these words In huiusmodi verò maneriis speaking of the Kings maners erant olim liberi homines liberè tenentes quorum quidam cum per potentiores è tenementis suis eiecti fuerant eadem postmodum in villenagium tenenda resumpserūt quia huiusmodi tenentes cultores Regis esse dinoscuntur eis provisa fuit quies ne sectas facerent ad comitatus vel hundredōs vel ad aliquas inquisitiones assisas vel iuratas nisi in manerio tantùm dum tamen pro terra quorum congregationem tunc socam appellarunt hinc est quòd Socmanni hodie dicuntur esse A soco enim deriuantur quorum tonementa sunt villenagium domini privilegiatum ideo dicuntur glebae ascriptitii eo quòd ab huiusmodi glebis amoueri non deberent quam diu soluerent debitas pensiones nec compelli poterunt ad buiusmodi tenementa tenenda contra suas voluntates eo quòd corpora sua sunt libera Nec obstabit longa seruitutis possessio ad libertatē extinguendam quamuis ad merchetum sanguinis sui compulsus fuerit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinē in seruitute reducere non magis quam liberum tenementum potest servum in libertatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kinde of tenents in any place within the maner or libertie wherefore he that hath soc may seeme to haue such a maner such tenents and such a libertie belonging to his maner and tenents as is here described Here you see diuersities of opinions touching this word one saying that it is a power or libertie to seeke after theeues stollen goods within a maner or fee and to doe iustice vpon such inquisition others that it is a libertie onely to haue suiters to his court other as Fleta that it conteineth both the former significations and furder that it is taken for the company of tenents which liue within such a liberty and are exempled from those common seruices of the Prince and country wherunto subiects are ordinarily tied This kinde of liberty is in diuers places at this day in England and commonly knowne by the name of soke or soken See Soke and Sockmans Soccage soccagium commeth of the French Soc. i. vomer a plowshare or coulter It signifieth in our common lawe a tenure of lands by or for certaine inferiour or husbandly seruices to be performed to the Lord of the fee. See Instituts of common lawe 31. As I haue shewed in Chivalrie all seruices due for land is either knights seruice or socage So then whatsoeuer is not knights seruice is soceage Bracton in his 2. booke cap. 35. num primo describeth it thus Dici poterit soccagium à Socco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quòd deputati sunt vt videtur tantummodo ad cultur am quorum custodia maritagia ad propinquiores parentes iure san guinis pertinebit Et si aliquando inde de facto capiatur homagium quòd pluries contingit non tamen habebit propter hoc Dominus capitalis custodiam maritagium Quia non semper sequitur homagium licet aliquando sequatur M. Skene de verborum significatione verb. Sockmanria saith that Sockage is a kinde of holding of lands when a man is infeoffed freely without any seruice ward reliefe or mariage and paieth to his Lord such dutie as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenche ferme siue nomine albae firmae opponitur militi qui tenet per seruitium militare Out of the place aboue named in Bracton you may finde a diuision of Soccage wherby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est vbi fit seruitium in denariis Dominis capitalibus nihil inde omnino datur ad scutum seruitium Regis Where I gather that to be free soccage which paieth a certaine summe of money to the chiefe Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nu 9. c. vnde si tantum in denariis sine scut agio vel seriantiis vel si ad duo teneatur sub disiunctione sc ad certam rem dandam pro omni seruitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas
for so as the partie who in equitie hath wrong can haue none ordinary remedie by the rules and course of the common lawe West part 2. symbol titulo Proceedings in Chauncerie sect 18. where you may reade many examples of such cases as sub poena lyeth in There is also a sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chauncerie as in orher courts And the name of both these proceede from words in the writ which charge the partie called to appeare at the day and place assigned sub poena centum librarum c. I find mention of a common sub poena in Cromptons Iurisdict fol. 33. which signifieth nothing else but such a sub poena as euery common person is called by into the Chauncerie whereas any Lord of Parlament is called by the Lord Chauncelers leters giuing him notice of the suit intended against him and requiring him to appeare Crompton eodem Subsidie subsidium commeth of the French subside signifying a taxe or tribute assessed by Parlament and graunted by the commons to be leuied of euery subiect according to the value of his lands or goods after the rate of 4. shillings in the pound for land and 2. shillings 8. pence for goods as it is most commonly vsed at this day Some hold opinion that this subsidie is graunted by the subiect to the Prince in recompence or consideration that whereas the Prince of his absolute power might make lawes of himselfe he doth of fauour admit the consent of his subiects therein that all things in their owne confession may be done with the greater indifferencie The maner of assessing euery mans lands or goods is this first there issueth a Commission out of the Chauncerie to some men of honour or worship in euery Countie by vertue thereof to call vnto them the head Constables or Bayliffes of euery Hundred and by them the Constable and three or foure of the substantiallest housholders in euery towne within their hundred at a day certaine which men so called or so many of them as the Commissioners thinke good to vse do rate the inhabitants of their owne towne in such reasonable maner as they find meete yet by the discretion of the said Commissioners And then euery man after his value set downe must at his time pay to the Collectour appointed after the rate aforesaid Yet in auncient time these subsidies seeme to haue beene graunted both for other causes as in respect of the Kings great trauell and expences in warres or his great fauours toward his subiects as also in other maner then now they be as euery ninth Lambe euery ninth fleece and euery ninth sheafe anno 14. Ed. 3. stat prins cap. 20. And of these you may see great varietie in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certaine rate but euen as the two houses shall thinke good to conclude Subsidie is in the statute of the land fometime confounded with custome anno 11. H. 4. cap. 7. See Beneuolence Suretie of peace securitas pacis is an acknowledging of a bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha li. 2. cap. 2. pag. 77. This peace may a Iustice of peace commaund either as a Minister when he is willed so to doe by a higher authoritie or as a Iudge when he doth it of his owne power deriued from his commission Of both these see Lamberd Eirenarcha lib. 2. ca. 2. pag. 77. see Peace see Supplicauit Suffragan Suffraganeus is a titular Bishop ordeined and assisted to aide the Bishop of the Dioces in his spirituall function c. Suffraganeus Extra de electione For the Etimology Suffraganes dicuntur quia eorum suffragiis causae ecclesiasticae iudicantur Ioach. Stephanus de Iurisd li. 4. ca. 16. nu 14. It was inacted anno 26. H. 8. ca. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Dioces and to present them to the King that he might giue the one of them such title stile name and dignity of sease in the saide statut specified as he should think conuenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our common law a following of another but in diuers senses the first is a suite in lawe and is diuided into suite reall and personall Kitchin fol. 74. which is all one with action reall and personal Then is there suite of Court or suite seruice that is an attendance which a tenent oweth at the court of his Lord. Fitzh nat br in Indice verbo Suite suyte seruice and suyte reall anno 7. H. 7. cap. 2. The newe expositour of lawe Termes maketh mention of foure sorts of suites in this signification Suite couenant suite custom suite reall and suite seruice Suite couenant he defineth to be when your auncester hath couenanted with mine auncester to siew to the court of mine auncesters Suite custome when I and mine auncesters haue beene seised of your owne and your auncesters suite time out of minde c. Suite reall when men come to the Shyreeues Turne or Leete to which court all men are cōpelled to come to knowe the lawes so that they may not be ignorant of things declared there how they ought to be gouerned And it is called reall because of their allegance And this appeareth by common exeperience when one is sworne his oath is that he shall be a loyall and faithfull man to the King And this suite is not for the land that he holdeth within the Countie but by reason of his person and his aboade there and ought to be done twice a yeare for default whereof he shall be amerced and not distreined I thinke this should be called rather regall or royall because it is performed to the King for royall The French word in the vsuall pronuntiation commeth neere to reall the leter o being almost suppressed see Leete Suyte seruice is to siew to the Shyreeues Turn or Leete or to the Lords court from three weekes to three weekes by the whole yeare And for default thereof a man shall be distreined and not amercied And this suite seruice is by reason of the tenure of a mans land Then doth suite signifie the following of one in chace as fresh suite West 1. c. 46. a. 3. Ed. 1. Lastly it signifieth a petition made to the prince or great personage Suyte of the Kings peace secta pacis Regis anno 6. R. 2. stat 2. ca. pri anno 21. eiusdem cap. 15. anno 5. H. 4. cap. 15. is the persiewing of a man for breach of the K. peace by treasons insurrectiōs rebelliōs or trespasses Summoneas is a writ Iudiciall of great diuersitie according to the diuers cases wherein it is vsed which see in the table of the Register Iudiciall Summoner summonitor
signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce â—tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br fol. 175. Super statuto facto pour seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his court of freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actioÌ„ opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and
forfeitures as are laid vpon those that pay not their duties or rent for Castle ward at their daies a. 32. H. 8. ca. 48. Bract. hathit in a generall signification lib. 5. tract 3. ca. 1. nu 8. and Fleta lib. 6. ca. 3. in prin Surueiour superuisor is compounded of two French words sur 1. super and veoir 1. ceâ—ert intueri despioere prospicere videre It signifieth in qur common law one that hath the ouerseeing or care of some great personages lands or works As the Surueiour generall of the Kings maners Cromptons Iurisd fo 106. And in this signification it is taken anno 33. H. 8. cap. 39. where there is a court of Surueiours erected And the Surueiour of the Wards and Liueries West parte 2. simbologr titulo Chauncery sect 136. which officer is erected anno 33. H. 8. ca. 22. who is the second officer by his place in the court of wards and Liueries assigned and appointed by the king His office seemeth especially to consist in the true examination of the lands belonging to the Kings wards that the King be not deceiued At the entrance into his office he taketh an oath ministred vnto him by the Maister of that Court which see an 33. H. 8. cap. 39. Surueiour of the Kings exchange anno 9. H. 5. stat 2. ca. 4. was an officer whose name seemeth in these daies to be changed into some other For I cannot learne that there is any such now Suruiuour is compounded of two French words Sur. 1. super and viure 1. aetatem agere viuere whence also commeth the compound Suruiure i. superesse It signifieth in our common law the longer liuer of two ioynt tenents See Brooke titulo Ioynt tenents fol. 33. or of any two ioyned in the right of any thing Suspension Suspensio is vsed for a temporall stop of a mans right and differeth from extinguishment in this that a Right of Estate suspended reuiueth againe but extinguished it dyeth for euer Brooke titulo Extinguishment and Suspension fol. 314. Suspension is also vsed in our common lawe sometimes as it is vsed in the Canon lawe pro minori excommunicatione As anno 24. H. 8. cap. 12. See Excommunication Suspirall seemeth to be a spring of water passing vnder the ground toward a conduit or cesterne anno 35. H. 8. ca. 10. and to be deriued from the Latine suspirare or the French souspirer i. ducere suspiria And indeed the word it self is French for souspiral in that tongue signifieth spiramentum cauernae the mouth of a caue or den or the tunnell of a chimney Swainmot alias Swanimote Swainmotum signifieth a Court touching maters of the Forest kept by the Charter of the Forest thrice in the yeare anno 3 Henr. octau cap. 18. it is called a Swannie-mote what things be inquirable in the fame you may reade in Cromptons Iurisd fol. 180. who saith that this court of Swainemote is as incident to a Forest as the court of Piepowder is to a faire with whome agreeth M. Manwood parte pri of his Forest lawes pag. 144. The word seemeth to be compounded of Swain and mot or Gemot For swaine as M. Manwood saith vbi supra pag. 111 in the Saxons tongue signifieth a Bockland man which at this day is taken for a Charterer or freeholder and Gemot as M. Lamberd saith in his explication of Saxon words verbo Conventus is Conventus wherevpon it is to be noted as he saith in the same place that the Swainemote is a court of free-holders within the Forest Of the which you may reade him at large pag. 110. c. vsque 122. T TAbling of fines is the making of a table for euery countie where his Maiesties writ runneth conteining the contents of euery fine that shall passe in any one terme as the name of the Countie townes and places wherein the lands or tenements mentioned in any fine do lye the name of the plaintiffe and Deforceant and of euery maner named in the fine This is to be done properly by the Chirographer of fines of the common plees who the first day of the next terme after the engressing of any such fine shall fixe euery of the said tables in some open place of the court of Common plees and so euery day of the said terme during the sitting of the said court And the said Chirographer shall deâ—iuer to the Shyreeue of euery Countie his Vndershyreeue or Deputie faire writen in parchment a perfect content of the table so to be made for that shire in the terme that shall be next before the Assises to be holden in the same countie or else in the meane time betweene the terme and the said assises to be set vp the first day and euery day of the next assises in some open place of the Court where the Iustices of Assises then shall sit to continue there so long as they shall sit in the said court If either the Chirographer or Shyreeue faile herein he forfeiteth fiue pounds And the Chirographers fee for euery such table is foure pence anno 23. Elizab. cap. 3. This saith West parte 2. symbol titulo Fines sect 130. Taile Tallium commeth of the French taile i. Sectura or the verb tailler i. scindere signifiing in our common law two seuerall things both grounded vpon one reason Plowden casu Williâ—n fol. 251. a. b. First it is vsed for the fee which is opposite to fee simple by reason that it is so as it were minced or pared that it is not in his free power to be disposed of him which owneth it but is by the first giuer cut or diuided from all other and tyed to the issue of the Donee Cooke lib. 4. in prooemio And this limitation or taile is either generall or speciall Taile generall is that whereby lands or tenements are limited to a man and to the heires of his body begotten And the reason of this terme is because how many soeuer women the tenent houlding by this title shall take to his wiues one after another in lawfull matrimony his issue by them all haue a possibility to inherit one after the other Taile speciall is that whereby lands or tenements be limited vnto a man and his wife and the heires of their two bodies begotten because if the man bury his wife before issue and take another the issue by this second wife cannot inherit the land c. Also if land should be giuen to a man and his wife and to their sonne and heire Iohn for euer this is taile especiall See more of this in see and Litleton lib. pri ca. 2. and the new booke of Entries verbo Taile Taile in the other signification is that which we vulgarly call a Tallie For it is vne taille de bois a clouen peece of wood to nick vp an accoumpt vpon for in the statute anno 10. Ed. pri cap. 11. and anno 27. eiusdem stat pri ca. 2. it is termed a Taile and anno 38. Ed 3. cap. 5. And
action The rest of the yeare is called vacation Of these terms there be foure in euery yeare during the which maters of Iustice for the most part are dispatched and this Sir Tho. Smith lib. 3. de Rep. Ang cap. 2. reckoneth as miraculous that in lesse time then the third part of the yeare three Tribunals all in one city should certifie the wrongs of so large and populous a nation as England is Of these terms one is called Hilary terme which beginneth the 23. of Iannuary or if that be Sunday the next day following and eudeth the 21. of February Another is called Easter terme which beginneth 18. daies after Easter and endeth the munday next after Ascension day The third is Trinity terme beginning the Friday next after Trinity SuÌ„day and ending the Wedensday fortnight after The fourth is Mich aelmas terme beginning the 9 of October or if that be Sunday the next day after and ending the 28. of Nouember Termor Tenens extermino is he that â—houldeth for terme of yeares or life Kitchin fol. 151. Litleton fol. 100. Terra extendenda is a writ directed to the Escheatour c. willing him to inquire and find the true yearely value of any land c. by the oath of twelue men and to certifie the extent into the Chauncerie c. Regist orig fol. 293. b. Terris bonis catallis rehabendis post purgationem is a writ that lyeth for a Clerke to recouer his lands goods or chatels formerly seised on after he hath cleared himselfe of that felonie vpon suspition whereof he was formerly conuicted and deliuered to his Ordinarie to be purged Regist orig fol. 68. b. Terris liberandis is a writ that lyeth for a man conuicted by attaint to bring the Record and processe before the King and to take a fiue for his imprisonment and to deliuer him his lands and tenements againe and to release him of the Strip and Waste Regist orig fol. 232. a. It is also a writ for deliuery of lands to the heire after homage and reliefe performed eodem fol. 293. b. or vpon securitie taken that he shall performe them eodem fol. 313. b. Terris catallis ventis vltra debitum levatum is a writ Iudiciall for the restoring of lands or goods to a deptour that is distrained aboue the quantitie of the dept Register Iudiciall fol. 38. b. Terretenent terratenens is he which hath the naturall and actuall possession of the land which we otherwise call the occupation anno 39. Eliz cap. 7. For example a Lord of a maner hath a freeholder who letteth out his freeland to another to be occupied this occupier is called the Terretenent West parte 2. symb titulo Fines sect 137. Cromptons Iurisd fol. 194. Britton cap. 29. Perkins feofments 231. And Petrus Bellugain speculo Principum Rub. 46. versiculo Restat videre num 9. vseth this word Terratenentes in the same signification See Land tenents Yet I haue heard some learned in the lawe say that the Tertenent is the teuent in free or copyhold according to the custome of the maner and opposite to tenent for terme of yeres Quaere Ters is a certaine measure of liquide things as wine oyle c. conteining the sixth part of a Tunne anno 32. H. 8. cap. 14. or the third part of a pipe Testament testamentum See Will. Testatum is a writ that seemeth especially to lye against great personages of the realm whose bodies may not be medled with in actions of dept And therefore if the Shyreeue return nihil habet in balliva mea in a case of execution another writ shall be sent out into any other Countie where such personage is thought to haue whence to satisfie which is termed a Testatum because the Shyreeue hath formerly testified that he found nothing in his Bayliweeke to serue the turne See Kitchin in his Returnes of writs fol. 287. b. Teste is a word commonly vsed for the last part of any writ so called because the very conclusion of euery writ wherein the date is contained beginneth with these words teste â—eipso c. If it be an originall writ or if iudiciall teste Thom. Flemming or Edovar do Cooke according to the Court whence it commeth Where I may note by the way that in Glanvile lib. pri cap. 6. 13. lib. 2. cap. 4. I find the forme of an originall writ in the last clause to be teste Ranulpho de Glanvilla apud Clarindon c. And diuers times in the Register orig Teste custode Anglu as namely in the title Prohibition fol. 42. a. and Consultation fol. 54. b. Thanus is a made Latin word of the Saxon thegn which commeth of thenian i. alicui ministrare It signifieth sometime a Noble man somtime a free man sometime a Magistrate somtime an Officer or minister Lamb. in in his Explication of Saxon words verbo Thanus See the place See vavasour M. Skene de verbor signif saith it is the name of a dignitie and appeares to be equall with the sonne of an Earle And Thanus was a free holder holding his lands of the King And a man not taken with the fang that is with the maner as we say accused of theft no sufficient proofe being brought against him must purge himselfe by the oath of 27. men or of three Thanes Thanagtum Regis signifieth a certaine part of the Kings lands or propertie whereof the rule and gouernement appertaineth to him who therefore is called Thanus For Domania Regis and Thanagia idem significant It is a Dutch word For teiner signifieth a seruant and teiner to serue And thane is likewise a seruant and vnder-thane an inferiour thane or subiect Thus farre M. Skene Thack tile anno 17. Ed. 4. cap. 4. otherwise called plaine tyle is that tile which is made to be layed vpon the side and not vpon the rudge of a tyled house anno 17. Ed. 4. cap. 4. Theam See Team Theft furtum is an vnlawfull felonious taking away of another mans moueable and personall goods against the owners will with an intent to steale them West parte 2. symbol titulo Inditements sect 58. where also he saith that theft is from the person or in presence of the owner or in his absence Theft from the person or in presence of the owner is of two sorts the one putting the owner in feare the other not Idem eodem sect 59. The former is properly called Robberie ibid. sect 60. The new expounder of lawe termes verbo Larconie diuideth theft into theft so simply called and petit or litle theft Whereof the one is of goods aboue the value of twelue pence and is felonie the other vnder that value and is no felonie But see Felonie Theftbote is made of theft and boote i. compensatio and signifieth properly the receiuing of goods from a theefe to the end to fauour and maintaine him The punishment whereof is raunsome and imprisonment and not losse of life and member Stawnf pl. cor lib. prim
high way ouerflowne with water for default of scowring a ditch which he and they whose estate he hath in certain land there haue vsed to scower and cleanse A. may trauerse either the mater viz. that there is no high way there or that the ditch is sufficiently scowred or otherwise he may trauers the cause viz. that he hath not the land c. or that he and they whose estate c. haue not vsed to scoure the ditch Lamb. Eirenarcha lib. 4. cap. 13. pag. 521 522. Of Trauers see a whole chapter in Kitchin fol. 240. See the new booke of Entries verbo Trauers Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the amplitude and maiestie of the commonwealth West parte 2. symbol titulo Inditements sect 63. by whom it is there diuided into High treason which other call altam proditionem and petit treason High treason he defineth to be an offence done against the securitie of the common wealth or of the Kings most excellent Maiestie whether it be by imagination word or deed as to compasse or imagine treason or the death of the Prince or the Queene his wife or his sonne and heyre apparent or to deflowre the Kings wife or his eldest daughter vnmaried or his eldest sonnes wife or leuie war against the King in his Realme or to adhere to his enemies ayding them or to counterfeit the Kings great Seale priuie Seale or money or wittingly to bring false money into this Realme counterfeited like vnto the money of England and vtter the same or to kill the Kings Chaunceler Treasurer Iustice of the one bench or of the other Iustices in Eyre Iustices of Assise Iustices of oyer and terminer being in his place doing of his office anno 25. Ed. prim ca. 2. or forging of the Kings seale manuell or priuy signet priuy seale or forrein coine current within the Realme anno 2. Mar. cap. 6. or diminishing or impairing of money current an 5. Elizab. ca. 11. anno 14. El. ca. 3. 18. Elizab. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King onely And it is also called treason Paramount anno 25. Ed. 3. cap. 2. The forme of Iudgement giuen vpon a man conuicted of high treason is this The Kings Sergeant after the verdict deliuered craueth Iudgement against the prisoner in the behalfe of the King Then the Lord Steward if the traitour haue bene noble or other Iudge if he be vnder a peere saith thus N. Earle of P. For so much as thou before this time hast bene of these treasons indited and this day arraigned for thee same and put thy selfe vpon God and thy peeres and the Lords thy peeres haue foūd thee guilty my Iudgement is that thou shalt from hence be conueied vnto the Tower of London whence thou camest and from thence drawne through the middest of London to Tiburne and there hanged and liuing thou shalt be cut downe thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be diuided in foure quarters and disposed at the Kings Maiesties pleasure and God haue mercy vpon thee Petit treason is rather described by examples then any where logically defined as when a seruant killeth his master or a wife her husband or when a secular or religious man killeth his prelate to whom he oweth faith and obedience And in how many other cases petit treason is committed See Cromptons Iustice of peace And this maner of treason giueth forfeiture of Escheats to euery Lord within his owne fee anno 25. Ed. 3. cap. 2. Of treason see Bracton lib. 3. tract 2. cap. 3. nu pri 2. Treason compriseth both high and petit treason anno 25. Ed. 3. stat 3. cap. 4. Treasure troue The saurus inuentus is as much as in true French Tresor trouuè i. treasure found and signifieth in our common law as it doth in the Ciuile law idest veterem depositionem pecuniae cuius non extat memoria vt iam dominum non habeat l. 31 § prim Π. de acquir rerum Dom. Neere vnto which definition commeth Bracton lib. 3. tract 2. cap. 3. num 4. And this treasure found though the ciuill lawe do giue it to the finder according to the lawe of nature yet the lawe of England giueth it to the King by his prerogatiue as appeareth by Bracton vbi supra And therefore as he also saith in the sixth chapter it is the Coroners office to enquire therof by the countrie to the Kings vse And Stawn pl. cor lib. pr. cap. 42. saith that in auncient times it was doubtfull whether the concealing of treasure found were felonie yea or not and that Bracton calleth it grauem praesumptionem quasi crimen furti But the punishment of it at these dayes as he proueth out of Fitzh Abridgment pag. 187. is imprisonment and fine and not life and member And if the owner may any way be knowne then doth it not belong to the kings prerogatiue Of this you may reade Britton also cap. 17. who saith that it is euery subiects part as soone as he hath found any treasure in the earth to make it knowne to the Coroner of the countrie or to the Bayliffes c. See Kitchin also fol. 40. Treasurer thesaurarius commeth of the French tresorier i. quaestor praefectus fisci and signifieth an Officer to whom the treasure of another or others is committed to be kept and truly disposed of The chiefest of these with vs is the Treasurer of England who is a Lord by his office and one of the greatest men of the land vnder whose charge and gouernment is all the Princes wealth contained in the Exchequer as also the checke of all Officers any way employed in the collecting of the Imposts tributes or other reuenewes belonging to the Crowne Smith de Repub. Anglor lib. 2. cap. 14. more belonging to his office see ann 20 Ed. 3. cap. 6. anno 31. H. 6. cap. 5. anno 4. Ed. 4. cap. pri anno 17. eiusdom cap. 5. anno prim R. 2. cap. 8. anno 21. H. 8. cap. 20. anno prim Ed. 6. cap. 13. Ockams Lucubrations affirme that the Lord chiefe Iustice had this authoritie in times past and of him hath these words Iste excellens Sessor omnibus quae in inferrore vel superiore scacchio sunt prospicit Ad nutum ipsius quaelibet officia subiecta disponuntur sic tamen vt ad Domini Regis vtilitatem iuste perueniant Hic tamen inter caetera videtur excellens quod potest his sub testimonio suo breve Domini Regis facere fieri vt de thesauro quaelibet summa liberetur vel vt computetur quod sibi ex Domini Regis mandato praenouerit computandum vel si maluerit breve suum
lib. 2. cap. 41. § Item inquiratur 12. and Cromptons Iurisd fol. 194. in these words without warrant no subiect may haue within the Forest a vacarie But in the statute anno 37. H. 8. cap. 16. I finde vacharie to be as it were a speciall proper name of a certaine quantitie and compasse of ground within the forest of Ashedowne Valewe valentia valor The word is in it selfe plaine enough But I cannot omitte one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference betweene value and price These be his words And the value of those things in which offences are committed is vsually comprised in Inditements which seemeth necessary in thest to make a difference from perit larceny and in trespas to aggrauate the faulte and increase the fine But no price of rhings ferae naturae may be expressed as of deere of hares c. if they be not in Parks and warrens which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land And where the number of the things taken are to be expressed in the Inditement as of yong Doucs in a Doue house yong haukes in a wood there must be saide pretii or ad valentiam but of diuers deade things ad valentiam and not pretii of coine not current it shal be pretii but of coâ—ne current it shall neither be saide pretâ— nor ad valentiam for the price and value thereof is certaine But of counterfeit coine shall bee said ad valentiam and in couterfeiting of coine shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord hauing profered covenable mariage to the Infant without disparidgement against the Infant comming to his yeares if he refuse to take the Lords offer And it is to recouer the value of the mariage Regist orig fol. 164. old nat br fol. 90. Variance commeth of the French varier i. alter are it signifieth in the common lawe an alteration or change of condition after a thing done For example the communality of a towne make a composition with an Abbot Afterward this towne by a graunt from the king obteineth Bayliffes This is a variance and in this case if the AbbotcoÌ„mence any suite for breach of the composition he must varie from the words of the communalty set downe in the Composition and begin against the Bayliffes and the Communalties Brooke tit Variance fol. 292. It is also vsed for an alteration of some thing formerly laide in a plee which is easilier knowne what it is then when it may be vsed as it appeareth by Brooke through the whole title aforesaide See variance in the newe booke of Entries Vassall vassallus signifieth him that holdeth land in see of his Lord Hot. verbo Feudal we call him more vsually a tenent in fee whereof some owe fidelitie and seruice and are called vassalli iurati some that owe neither and are called vassalli iniurati But of this later sort I thinke that in England we haue not any Of these thus writeth Hotoman in his disputations vpon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accepit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est quasi qui in vassi fide clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is diuided into homologum non homologum Homologus is he that sweareth seruice with exception of a higher Lord and non homologus is he that sweareth with out exception all one with Ligeus And the same author verb. Vassallus saith that it is vassallus quasibassallus id est inferior soctus From the French bas i. humilis dimissus and the Dutch word gesel i. socius his reason is because the vassall is inferior to his master and must serue and reuerence him and yet he is in maner his companion because each of them is obliged one to the other He saith farder out of Cuiacius lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a litle after he saith thus In the lawes of the Feuds vassallus is called fidelis quia fidelitatem iurat Amongst vassals the first place of dignitie is giuen to them that are Duces Marchionâ—s Comites and are called Capâ—tanti Regni The second is granted to Barons and others of like estate and are called Valvasores Maiores The third to them who are called Gentlemen or Nobles holding of Barons which also may haue vnder them vassals that be Gentlemen And such vassals holding in chiefe of Barons are called Valv asoâ—ts minores And they which hold of Gentlemen are called vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called subvassores Thus faâ—e M. Skene Vasto is a writ that lyeth for the heire against the tenent for terme of life or of yeares for making waste or for him in the Reuersion or Remainder Fitzh 〈◊〉 br fol. 55. Regist orig fol. 72. 76. and Regist Iudic. fol. 17. 21. 23. 69. v. anno 6. Ed. pricap 5. Vavasour vavasor aliâs valvasor is one that in dignitie is next vnto Baron Camden Britan. pag. 109. Bracton lib. prim cap. 8 saith thus of this kind of men Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magnae dignitatis Vavasor enim nihil meliùs dici poterit quà m vas sortitum ad valetudinem Iacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them valvasores and giueth this reason of it Quia assident valva i. portae Domini in festis in quibus consueueruat homines curtizare eis reuerentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Britan. pag. 108. hath these words of them Primus etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores maiores si illis qui de feudis scribunt credimus iidem fuerunt Barones Venditioni exponas is a writ Iudiciall directed to the Vndershyreeue commaunding him to sell goods that he hath formerly by commaundement taken into his hands for the satisfying of a iudgement giuen in the kings Court Register Iudicial fol. 33. b. Venire facias is a writ Iudicall and goeth out of the Record lying where two parties plead and come to issue sc vpon the saying of the country For then the party plaintiffe or Defendant shall haue this writ directed to the Shyreeue that he cause to come twelue lawfull men
from A. to C. Warranty collaterall is that wherevnto he is called by the tenent vpon the couenant of him from whome the land could not descend to the party called For example B. the sonne pourchaseth tenements in fee whereof A. his father disseiseth him and selleth them to C. with a clause of warranty A being deade C. is impleaded for the tenements and calleth B. to warranty This warranty wherevnto B. is caled is collaterall by cause the tenements if the warrnty had not beene couenanted by A. could not haue descended from him to his father A. for they were his owne by Pourchase Many other exaÌ„ples there be of this in Litleton And this very case he maketh his example of warranty by disseisin as also of warranty collaterall which plainly argueth that warranty by disseisin and warranty collaterall are not distinct members of warranty but may be confounded though one warranty may cary both names in diuers respects For there is some warranty collaterall that beginneth not by disseisin For example A. tenent in taile alienateth to B. in fee and dieth leauing issue C. Afterward D. brother to A. and vncle to C. releaseth to B. with warranty and dying leaueth C. his heire being next of blood vnto him This warranty is collaterall because it descendeth vpon C. from his vncle D. and yet it beginneth not by desseisin of his said vncle Warranty hath a double effect one to debarre him vpoÌ„ whome it discendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the tenent if by him he be vouched thereunto or els to giue him as much other land by exchange But as the former of these effects taketh place with all heires except those to whome the land warranted was intailed and that reape no equiualent benefit by the first warranter anno 6. Ed. pri ca. 3. soe the latter preiudiceth none that receiueth not sufficient land from the first warranter to make it good Bracton lib. 5. tractat 4. ca. 8. nu pri cap. 13. nu 2. In the custumaric of Norm ca. 5. you haue vouchement degarant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the wartanter into the court to make good his sale or gift Warantiadiei is a writ lying in case where a man hauing a day assigned personally to appeare in court to any action wherein he is siewed is in the meane time by commaundement imployed in the Kings seruice so that he cannot come at the day assigned This writ is directed to the Iustices to this end that they neither take nor record him in defaulte for that day Register originall fol. 18. Of this you may read more in Fitzh nat br fol. 17. and see Glanuile lib. pri ca. 8. Warantia chartae is a writ that lieth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or writ of Entrie wherein he cannot vouche or call to warranty for in this case his remedy is to take out this writ against the seoffour or his heire Register orig fol. 157. Fitzh nat br fol. 134 Of this you may likewise reade Fleta lib. 6. ca. 35. and West parte 2. simb titulo Fines sect 156. Warrantia custodia is a writ Iudiciall that lyeth for him that is challenged to be ward vnto another in respect of land said to be houlden in Knights seruice which when it was bought by the auncesters of the ward was warranted to be free from such thraldome And it lieth against the warranter and his heires Register Iudiciall fol. 36. Warrant of Atturney See Leter of Atturney and Waranty Wardwite significat quietantiam misericordia in casu quo non invenerit quis hominem ad wardam faciendam in castra vel alibi Flet a lib. 1. cap. 47. Warren Warrenna aliâs varrenna commeth of the French Garrenne 1. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum diâ—ntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attica cap. 20. A warren as we vse it is a prescription or graunte from the king to a man of hauing fesants partridges connies and hares within certaine of his lands Cromptons Iurisdict fol. 148. where he saith that none can haue warren but onely the King no more then Forest or chase Because it is a speciall priuiledge belonging to the King alone And a little after he hath words to this effect The king may graunt warren to me in mine owne lands for fesants and partridges onely And by this graunt no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the 〈◊〉 of the 〈◊〉 as to eate corne and pille the barke of apple trees M. Manwood in his first part of Forest lawes saith thus of it A warren is a fraunchise or priuiledged place of pleasure onely for those beasts and foules that are beasts and foules of warren tantùm campestres non syluestres viz. For such beasts and foules as are altogether belonging to the feilds and not vnto the woods and for none other beasts or foules There are but two beasts of warren that is to say Hares and Connies and there are also but two foules of warren viz. Fesants and partridges And none other wild beasts or birds haue any firme peace priuiledge or protection within the warren If any person be found to be an offender in any such free warren he is to be punished for the same by the course of the common law and by the statute auno 21. Ed. 3. called the statute de male factoribus in parcis chaceis c. For the most parte there are not officers in a warren but the master of the game or the keeper A free warren is some time in closed and also the same some time doth lie open for there is no necessity of inclosing the same as there is of a park for if a park be suffered to lie open it ought to be seised into the kings 〈…〉 Manwood Warscot is the contribution that was wont to be made towards armour in the Saxons time In Canutus his charter of the Forest set out by M. Manwood in the first part of his Forest lawes num 9. you haue these wordes Sint omnes tam primarii quà m mediocres minuti immunes liberi quietiab omnibus prouincialibus summonitionibus popularibus placitis quae Hundred laghe Angli dicunt ab omnibus armorum oncribus quod Warscot Angli dicunt forinsecis querelis VVarwit aliâs VVardwit is to be quite of giuing money for keeping of watches New exposition of lawe termes VVaste vastum commeth of the French gaster i. populari It signifieth diuersly in our common lawe first a spoile made either in houses woods gardens orchards c. by the tenent for terme of life or for terme of anothers life
or of yeares to the preiudice of the heire or of him in the Reuersion or Remainder Kitchin fol. 168. c. vsque 172. vpon this committed the writ of waste is brought for the recouerie of the things whereupon the waste is made See Vasto VVaste may be also made of tenents or bondmen belonging or 〈◊〉 to the maner Regist orig fol. 72. a. 73. a. See the new booke of Entries verbo VVaste A waste of the Forest as M. Manwood saith parte prim of his Forest lawes pag. 172. is most properly where any man doth cut downe his owne woods within the Forest without licence of the king or of the Lord chiefe Iustice in Eyre of the Forest But it is also where a man doth plow vp his owne medow or pasture and conuerterh it vnto tillage And of this you may reade him at large in his second part cap. 8. num 4. 5. VVaste in the second signification is taken for those parts of the Lords Demesns that be not in any one mans occupation but lye common for bounds or passages of the Lord and tenent from one place to another and somtimes for all the Kings subiects VVhich seemeth to be called waste because the Lord cannot make such profit of it as he doth of other of his land by reason of that vse which others haue of it in passing to and fro Vpon this none may build or feed or cut downe trees without the Lords licence VVaste hath a third signification as yeare day and waste Annus dies vastum which is a punishment or forfeiture belonging to petittreason or felonle whereof you may reade Seawnf pl. cor lib. 3. cap. 30. And see Yeare Day and VVaste VVasters anno 5. Ed. 3. cap. 14 See Roberds men See Draw latches VVastell breade anno 51. H. 3. statute of bread and statute of pilorie VVater bayliffes seeme to bee officers in port townes for the searching of shippes anno 28. H. 6. cap. 5. Watling street is one of the 4. waies which the Romaines are said to haue made here in England and called them Consulares Praetorias Militares Publicas M. Camden in his Britannia perswadeth himselfe that there were more of this sort than 4. This streete is otherwise called Werlam streat as the same author saith and howsoeuer the Romains might make it and the rest the names be from the Saxons And Roger Houeden saith it is so called because the sonnes of Wethle made it leading from the East sea to the West Annal. part prior fol. 248. a. This street leadeth from Douer to London and so to S. Albons and there onward directly toward the North-west through the land as from Donstable to Westchester anno 39. El. cap. 2. the second street is called Ikenild street beginning ab Icenis who were the people inhabiting Northfolke Southfolke and Cambridge shire as M. Camden declareth pag. 345. The third is called Tosse the reason of the name he giueth because he thinketh it was ditched of each side The fourth is called Ermin street Germanico vocabulo à Mercurio quem sub nomine Irmunsull i. Mercurii columna Germani maiores nostri coluerunt Of these reade more in the said author pag. 43. 44. In the description of England going vnder Saxons name cap. 7. I reade that Belinus a Briton king made these 4. wayes whereof the first and greatest he calleth Fosse stretching out of the South into the North and beginning from the corner of Cornwel and passing soorth by Deuonshire Somersetshire and so along by Tetburie vpon Toteswould besides Couentree vnto Lecester and thence by the wide plaines to Newarke and to Lincolne where it endeth The second he nameth Watling street comming out of the South-east toward the Fosse beginning at Dover and passing through the middle of Kent ouer Thames beside London nere Westminster and thence to S. Albons by Donstable Stratford Towceter Weden Lilborn Atheriston Gilberts hill now called Wreaken by Seuerne Workecester Stratton and so foorth by the middle of Wales vnto Cardican and the Irish seas The third he calleth Erminage-street stretching out of the West North-west into the East South-east from S. Dauids in the west Wales vnto Southhampton The fourth he called Rikenild street stretching foorth by Worcester by Wicombe Brinningham Litchfield Derby Chesterfield and by Yorke foorth into Tynmouth But he that listeth to reade at large of these wayes let him haue recourse to the first volume of Helinsheds Chronicle and the description of England there the 19. chapter Where this antiquitie is farre otherwise declared then by the former writer Henry of Huntington likewise in the first booke of his historie not farre after the beginning mentioneth these 4. streetes terming them calles Regia sublimatos authoritate ne aliquis in eis inimicum invadere auderet c. Waterbayliffes anno 28. H. 6. cap. 5. is an officer belonging to the citie of London which hath the superuison and search of fish that is brought to that citie as also the gathering of the tolle rising from that water He is reckoned an Esquier by his office as the Sword-bearer the Huntsman and the chiefe Sergeant is He also attendeth vpon the Lord Maior for the time being and hath the principall care of marshalling the guests at his table Way See Chimin Weife wauium whence it hath his originall I cannot certainely say But I finde the nineteenth chapter of the Grand Custumary of Normandy to be intitled De choses gaiues and latined by the interpreter De rebus vaiuis which are there thus defined vaiua sunt res vel alia qua nullius proprietati attributa sixe possessionis reclamatione sunt inuenta quae vsque ad diem annum seruanda sunt Et de iis modo quo dictum est de veriscis that is weeks easua esse probantibus est restitutio facienda c. This weife or things weiued haue the very same signification in our common law and be nought but things forsaken The Ciuilians call it Derelictum or Quod est pro derelicto Bracton in the twelue chapter of his first booke nu 10. reckoneth them inter res quae sunt nullius ea quae pro waiuio habentur sicut de aueriis vbi non apparet Dominus where he also saith quòdo lim fuerunt inuentoris de iure naturali iam efficiuntur principis de iure Gentium That this is a Regality and belonging to the King except it be challenged by the owner within a yeare and a day it appeareth by Britton in his uenthteene chapter Now the Kings in their times haue graunted this and such like prerogatiues vnto diuers subiects with their fees who there likewise saith that weifes things lost and estrayes must by the Lord of the fraunchise where they are found be caused to be cried and published in markets and churches nere about or els that the yeare and day doth not runne to the preiudice of him that hath lost them See Waiue M. Skene
Yere and day annus dies is a time thought in construction of our common lawe fit in many cases to determine a right in one and to worke an vsucapion or prescription in another As in a case of an estray if the owner proclamations being made chalenge it not within that time it is forfeit So is the yeare and day giuen in case of appeale in case of descent after entry or claime of no claime vpon a fine or writ of right at the common lawe so of a villein remaining in auncient demeane of the death of a man sore bruised or wounded of protections essoines in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the civile lawe Nam si mortifere fuerit vulneratus postea post lon gum intervallum mortuus sit inde annum numerabimus secundum â—ulianum l. ait lex Î . ad legeÌ„ Aquil. Yeare day and waste annus dies vastum is a part of the Kings prerogatiue whereby he challengeth the profits of their lands and tenements for a yere and a day that are attainted of petit treason or felonie whosoeuer be Lord of the maner whereunto the lands or tenements do belong and not onely so but in the end wasteth the tenement destroyeth the houses rooteth vp the woods gardens pastures and ploweth vp medowes except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee. Whereof you may reade at large in Stawnf praerog cap. 16. fol. 44. seqq Yoman seemeth to be one word made by contraction of two Danish words yong men which I gather out of Canutus Charter of the Forest set out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend nuncupant Dani verò yong men vocant locati qui curam onus tum viridis tum veneris suscipiant These M. Camden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Ingenuos whose opinion the statute affirmeth anno 16. R. 2. cap. 4. whereunto adde the statute anno 20. eiusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our lawes call legalem hominem which as he saith is in English a Free man borne that may dispend of his owne free land in yerely reuenew to the summe of forty shillings sterling Of these he writeth a good large discourse touching their estate and vse in this common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch yonker yea or not which in the Low countries signifieth a meane Gentleman or a gay fellow But he that hath added the marginall notes to that booke seemeth to draw it from the Saxon Geman which signifieth a maried man M. Versteg an in his restitution of decayed intelligence cap. 10. writeth that Gemen among the auncient Teutonicks and Gemein among the moderne signifieth as much as Common and that the first leter G. is in this word as in many others turned into Y. and so written Yemen and that therfore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place betweene the Serge an t and the Groome as Yoman of the Chaundrie and Yoman of the Scullerie anno 33. H. 8. cap. 12. Yoman of the Crowne anno 3. Ed. 4. cap. 5. anno 22. eius cap. 1. anno 4. H. 7. cap. 7. This word Yongmen is vsed for Yomen in the statute anno 33. H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS
Policie of assurance is a course taken by those which do aduenture wares or merchandize by sea whereby they loche to hazard their whole aduenture do giue vnto some other a certaine rate or proportion as tenne in the hundred or such like to secure the safe arriuall of the ship and so much wares at the place agreed vpon So that if the ship and wares do miscarie the assrer maketh good to the venturer so much as he promiseth to secure as 20. 30. 100. more or lesse and if the ship do safely ariue he gaineth that clearely which the venturer compoundeth to pay him And for the more euen dealing betweene the venturer and the securer in this case there is a certaine Clerk or officer ordained to set downe in writing the summe of their agreement that they afterward differ not betweene themselues vpon the bargaine This is in course Latine elsewhere called assecuratio This terme you haue anno 43. Fliz. cap. 11. Pondage See Poundage Pone is a writ whereby a cause depending in the County court is remoued to the common Banke old nat br fol. 2. See in what diuersitie of cases it is vsed in the table of the Originall Register Pone per vadium is a writ commaunding the Shyreene to take suretie of one for his appearance at a day assigned of this see fiue sorts in the table of the Regists Iudic. verbo Pone per vadium Ponondis in Assisis is a writ founded vpon the statute of Westm 2. cap. 38. and vpon the statute Articuli super chartas cap. 9. which statutes do shew what persons Vicounts ought to impanell vpon Assises and Iuries and what not as also what number he should empanell vpon Iuries and Inquests which see in the Register orig fol. 178. a. and in Fitz. nat br fol. 165. Ponendo in ballum is a writ whereby to will a prisoner held in prison to be committed to baile in cases baylable Register orig fol. 133. b. Ponendo sigillum ad exceptionem is a writ whereby the king willeth Iustices according to the statute of Westm 2. to put their seales to exceptions laid in against the plaintiffes declaration by the defendant Pontage pontagium is a contribution toward the maintenance or reedifying of bridges Westm 2. cap. 25. anno 13. Ed. pri It may be also tolle taken to this purpose of those that passe ouer bridges anno 39. Eliz. cap. 24. anno 1. H. 8. cap. 9. and see the statute anno 22. H. 8. cap. 5. Pontibus reparandis is a writ directed to the Shyreeue c. willing him to charge one or more to repaire a bridge to whom it belongeth Regist orig fol. 153. b. Portgreue portgreuius is compounded of two words port greue or graue i. praefectus It signifieth with vs the chiefe magistrate in certaine coast townes and as M. Camden saith in his Britan. pag. 325. the chiefe magistrate of London was termed by this name in steed of whom Richard the first ordained two Bayliffes but presently after him King Iohn granted them a Maior for their yearely Magistrate Porter of the doore of the Parlament house is a necessary officer belonging to that high court enioyeth the priuiledges accordingly Cromptons Iurisd fol. 11. Porter in the circuit of Iustices is an officer that carieth a verge or white rodde before the Iustices in Eyre so called a portando virgam anno 13. Ed. 1 cap. 24. Porter bearing verge virgator before the Iustices of either benth anno 13. Ed. 1. cap. 41. See Vergers Portemote is a word compounded of port i. portus and the Saxon Gemettan i. conuenire or of the French mot i. dictio verbum It signifieth a Court kept in hauen townes as Swainmote in the Forest Manwood parte prim of his Forest lawes pa. 111. It is sometime called the Portmoote Court anno 43. Eliz. cap. 15. Portsale anno 35. H. 8. cap. 7. id est sale of fish presently vpon returne in the hauen Possession possessio is vsed two waies in our common lawe First for lands and inheritance as he is a man of large possessions In which signification it is also vsed among the Ciuilians sc for the thing possessed l. possessionum Cod. commun vtriusque Iudic. Next for the actuall enioying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in lawe pl. cor fol. 198. The example there is this Before or vntill an office to be found the king hath onely possession in law and not in deed speaking of the lands escheated by the attainder of the owner See praerog fol. 54. 55. In this signification also there is an vnitie of possessiō which the Ciuilians call Consolidationem Take an example out of Kitchin fol. 134. if the Lord purchase the tenancie held by Heriot seruice then the Heriot is extinct by vnity of possession that is because the seigneurie and the tenancie be now in one mans possession Many diuisions of possession you may reade in Bracton lib. 2. cap. 17. per totum Post See Per. Post diem is a returne of a writ after the day assigned for the returne for the which the Custos breuium hath foure pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the king for a fine formerly acknowledged before him in his court which is paid by the cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and halfe so much as was payed to the king for the fine and is gathered by the Shyreeue of the Countie where the land c. lyeth whereof the fine was leuyed to be aunswered by him into the Exchequer Post terme is a returne of a writ not onely after the day assigned for the returne thereof but after the terme also which may not be receiued by the Custos brevium but by the consent of one of the Iudges it may be also the fee which the Custos breuium taketh for the returne thereof which is twenty pence Postea is a word vsed for a mater tried by Nisi prius and returned into the court of common pleas for Iudgement and there afterward recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes reports volum 6. Rowlands case fol. 41. b. 42. a. See Custos breuium Post disseisin post disseisina is a writ giuen by the statute of West 2. cap. 26. and lyeth for him that hauing recouered lands or tenements by praecipe quod reddat vpon default or reddition is againe disseised by the former diffeisour Fitz. nat br fol. 190. see the writ that lyeth for this in the Register originall fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlatiue whereof is prioritie For a man holding lands or tenements of two lords holdeth of