of this Sect. Lord in Grosse LOrd in Grosse is he who is Lord without a Mannor as the King in respect of his Crown Fitz. Nat. Brev. fol. 5. A man makes a Gift in tail of all his Land to hold of him and dies his Heir hath nothing but a Seignory in Gross Lotherwit LOtherwit is that you may take amends of him who doth deffle your Bondwoman without your licence Lushburgh LUshburgh was a counterfeit Coin in the time of E. 3. made beyond Seas in likeness of English Moneys and brought in to deceive the King and his Subjects And therefore it is declared to be Treason by the Stat. of 25 E. 3. Stat. 5. cap. 2. for any man to bring it into the Realm knowing it to be false M. Maegbote MAEgbote was a a Recompence for a Kinsman slain Maihem or Maime MAihem or Maime is where by the wrongful act of another any Member is hurt or taken away whereby the party is made unperfect to fight As if a Bone be taken out of the Head or broken in any other part of the Body or Foot or Hand or Finger or Joynt of a Foot or any Member be cut or by some Wound the Sinews be made to shrink or the Fingers made crooked or if an Eye be put out Fore-teeth broken or any other thing hurt in a mans Body by means whereof he is made the less able to defend himself or offend his enemy But the cutting off of an Ear or Nose or breaking of the Hinder-teeth or such like is no Maihem because it is rather a deformity of Body then diminishing of Strength and that is commonly tryed by the Justices beholding the party And if the Justices stand in doubt whether the hurt be a Maihem or not they use and will of their own discretion take the help and opinion of some skilful Chirurgeon to consider thereof before they determine upon the Cause Mainpernable MAinpernable that may be mainprised or delivered to Mainpernors See the Statute of Westm 1. Cap. 15. what persons may be mainpernable what not Mainprise MAinprise is when a man is arrested by Capias the Iudge may deliver his body to certain men to keep and to bring before him at a certain day and these are called Mainpernors and if the party appear not at the day assigned the Mainpernors shall be amerced Maintenance MAintenance is where any man gives or delivers to another that is Plaintif or Defendant in any Action any sum of money or other thing to maintain his Plea or takes great pains for him when he hath nothing therewith to do then the party grieved shall have against him a Writ called a Writ of Maintenance Manbote MAnbote signifies a Pecuniary Compensation for the killing a man Lambert Mandamus MAndamus is a Writ that goes to the Escheator for the finding of an Dffice after the death of one that died the Kings Tenant and it is all one with the Writ of Diem clausit extremum but that the Diem clausit extremum goes out within the year after the death and the Mandamus goes not out till after the year and in case where there was never any Diem clausit extremum sued out or was not sued out with effect Fitz. N. B. 253. B. C. See the Stat. 12 Car. 1. cap. 24. Also there is another sort of Mandamus granted upon Motion in the Kings Bench one to the Bishop to admit an Executor to prove a Will or to grant Administration Stiles Reports 78. Another to command Corporations to restore Aldermen and others to Offices out of which they are unjustly put out Look 11 Report James Bag 's Case Mannor MAnnor is compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowson Court-Baron and such like which make a Mannor And this ought to be by long continuance of time the contrary whereof mans memory cannot discern for at this day a Mannor cannot be made because a Court-Baron cannot now be made and a Mannor cannot be without a Court-Baron and Suiters and Freeholders two at the least for if all the Free-holds except one escheat to the Lord or if he purchase all except one there his Mannor is gon for that it cannot be a Mannor without a Court-Baron as is aforesaid and a Court-Baron cannot be holden but before Suiters and not before one Suiter and therefore where but one Free-hold or Freeholder is there cannot be a Mannor properly although in common speech it may be so called Mansion MAnsion Mansio is most commonly taken for the chief Messuage or Habitation of the Lord of a Mannor the Mannor-house where he doth most reside his Capital Messuage as it is called of which the Wife by the Statute of Mag. Chart cap. 7. shall have her Quarentine Munucaptio MAnucaptio is a Writ that lies for him who is arrested or indicted of Felony and offers sufficient Sureties for his Appearance but the Sheriff or he whom it concerns will not suffer him to be bailed then he shall have his Writ to command them to suffer him to be bailed See of this Fitz. N. B. fol. 249. G. Manumission MAnumission is the making a Bond-man free and may be in two sorts the one is a Manumission expressed the other a Manumission implied Manumission expressed is where the Lord makes a Deed to his Villain to Infranchise him by this word Manumittere which is as much to say as to let one go out of another mans hands or power The manner of Manumitting or Infranchising in old time most usually was thus The Lord in presence of his Neighbors took the Bondman by the Head saying I will that this Man be free and therewith shoved him forward out of his hand and by this he was free Manumission implied without this word Manumitere is when the Lord makes an Obligation to his Villain to pay him money at a certain day or sues him where he might enter without Suit or grants him an Annuity or Leases Lands to him by Deed for years or life and in divers like cases the Villain thereby is made free Marchers MArchers are the Noble-men dwelling on the Marches of Wales or Scotland who in â— imes past had their private laws as if they had been Kings and therefore in the Statutes of 2 H. 4. c. 28. 26 H. 8. cap. 6. 27 H. 8. cap. 26. and 1 E. 6. cap. 10. they are called Lord Marchers Marches MArches are the bounds and Limits betwixt us and Wales or Scotland so called either from the German word March which signifies a Frontire or Border or else from the French word Marque that is a Sign or Token of Distinction these being the notorious Distinctions of two divers Countries Of these you shall read in the Statutes of 4 H. 5. cap. 7. 22 E. 4. cap. 8. 24 H. 8. cap. 9. and others Marshal MArshal is a general word for many Officers in England as the Lord or Earl Marshal of whom mention is made in the Statutes
mayne An jour wast AN jour wast is a Forfeiture when a man hath committed petit Treason or Felony and hath Lands holders of some common person which shall be seised for the King and remain in his hands by the space of one year and a day next after the Attainder and then the Trees shall be pulled up the Houses razed and pulled down and the Pastures and Meadows eyred and plowed up unless he to whom the Lands should come by escheat or forfeiture redeem it of the King A thing the more to grieve the offendors and terrifie others to fall into the like in shewing how the Law doth detest the offence so farr forth as that it doth execute judgment and punishment even upon their dumb and dead things Aniente ANiente comes from the French Aneantir that is annihiliare for Aniente in our Law-language signifies as much as frustrated or made void and is used by Littleton in his 741. Section Annates ANates is a word used in the Statute of 25 Hen. 8. cap. 20. and seems to all one with First-fruits for so Pol. Virgil. de Inventione rerum lib. 8. cap. 2. says That Annatarum usus multo antiquior est quam recentiores quidam scriptores suspicantur Annatas more suo appellant primos fructus unius anni Sacerdotii vacantis aut dimidiam eorum partem Annua pensione ANnua pensione is a Writ by which the King having due unto him an annual Pension from any Abbot or Prior for any of his Chaplains which he will name who is not provided of a competent Living demands it of the said Abbot or Prior for one that is named in the same Writ until c. and also commands him for the better certainty of his Chaplain to give his Letters Patents to him for the same See Fitzherb Nat. Brē fol 231. where you may also see the names of all the Abbies and Priories which were bound to this in respect of their foundation or creation and also for the form of the Letters Patents usually granted upon such a Writ Annuity ANnuity is a certain Sum of money granted to another in Fee-simple Fee-tail for term of Life or for term of years to receive of the Grantor or of his Heirs so that no Free-hold is charged therewith whereof a man shall never have Assise nor other Action but a Writ of Annuity and it is no Assets to the Heir of the Grantee to whom it shall descend There are many differences between Annuities and Rents For every Rent is issuing out of Land but an Annuity is not but charges the person that is the Grantor or his Heirs which have Assets by descent if some special proviso be not to the contrary as Littl. Sect. 220. Also for an Annuity no Action lies but only a Writ of Annuity against the Grantor his Heirs or Successors and this Writ of Annuity never lies against the taker of the profits but only against the Grantor or his Heirs Whereas for a Rent the same Actions he against the Tenant of the Land and sometimes against him that is taker of the Rent that is against him that takes the Rent wrongfully Also au Annuity is not to be taken for Assets because it is not any Free-hold in Law And it shall not be put in Execution upon a Statute-Merchant or Statute-Staple or Elegit as a Rent may Doct. Stud. cap. 30. See Dyer fol 345. pla 2. Also an Annuity cannot be fevered Co. l. 8. fol. 52. b. according to the Verse there Let no Judge himself endeavour Annuities or Debts to sever Anoysance ANoysance is a word used in the Statute of 22 Hen. 8. cap. 5 and signifies no more than Nusance and therefore see Title Nusance Apostata capiendo APostata capiendo is a Writ directed to the Sheriff for the taking of the body of one who having entred into and professed some order of Religion leaves his said order and departs from his house and wanders in the country vpon a Certificate of this matter made by the Soveraign of the House in the Chancery and the praying of the said Writ he shall have it directed to the Sheriff for the apprehending of him and redelivery of him to the said Sovereign of the House or his lawful Attorney See the form of it in Fitz. Nat. Br. 233. c. Appeal APpeal is where one hath done a Murther Robbery or Maihem then the wife of him that is slain shall have an Action of Appeal against the Murtherer but if he have no wife then his next Heir-male shall have the Appeal at any time within a year and a day after the deed Also he that is so robbed or maimed shall have his Appeal and if the Defendant be acquitted he shall recover damages against the Appealer and the Abettors and they shall have the imprisonment of a year and shall make fine to the King An Appeal of Mathem is in manner but a Trespass for he shail only recover damages Appeals are commenced two ways either by Writ or by Bill By Writ when a Writ is purchased out of the Chancery by one man against another commanding him that he shall appeal a third man of some Felony or other offence by him committed and to find pledges that he shall do this with effect and this Writ is to be delivered to the Sheriff to be recorded Appeal by Bill is when a man of himself gives his accusation of another man in writing to the Sheriff or Coroner and takes upon himself the burthen of appealing him that is named in the said writing Appellant is the Plaintiff in the Appeal Appendant Appurtenant APpendant Appurtenant are things that by time of prescription have belonged appertained and are joyned to another principal thing by which they pass and go as accessary to the same special thing by virtue of these words Pertinentiis as Lands Advowsons Commons Piscaries Ways Courts and divers such like to a Mannor House Office or such others Apportionment APportionment is a dividing into parts a Rent which is dividable and not entire or whole and forasmuch as the thing out of which it was to be paid is separated and divided the Rent also shall be divided having respect to the parts As if a man have a Rent-Service issuing out of Land and he purchases parcel of the Land the Rent shall be apportioned according to the value of the Land So if a man hold his Land of another by Homage Fealty Escuage and certain Rent if the Lord of whom the Land is holden purchase parcel of the Land the Rent shall be apportioned And if a man let Lands for years reserving Rent and after a stranger recover part of the Land then the Rent shall be apportioned that is divided and the Lessee shall pay having respect to that which is recovered to that which yet remains in his hands according to the value But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land
Soccage the Widow is sped of her Dower rather in the Soccage-Lands as the fairest part Of this see Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement is when a man is incorporated into any Society or Body politick So if an Alien born be made Denizon of England he is said to be enfranchised and he that is made a Citizen of London or other Town Corporate because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised And when a man is enfranchised into a City or Borough he hath a Free-hold in his Freedome for his life and with others in their politick capacity hath Inheritance in the Land of the said Corporation wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed and not only an Endeavouring or enterprising whereof he may repent before it be put in execution And what shall be sufficient cause to dis-infranchise a Free-man and what not see Cok. lib. 11. in Bagg's Case fol. 98. Englesherie ENglesherie or Englecerie is an old word which signifies the being an Englishman For in ancient time as appears by Bracton lib. 3. Tract 2. cap. 15. fol. 134. if a man had been slain or murthered he was accounted to be Francigena which word implies every Alien until Englesherie were proved that is until it was made manifest that he was an Enlish-man The original whereof was this Kanotus the Danish King having established his Estate here in peace at the request of our Barons discharged the Land of his Armies wherein he reposed his greatest safety upon this condition That the Barons would give consent to a Law That whosoever should â— ill an Alien and was apprehanded and could not acquit himself should be liable to Iustice â— But if the Man-slaier escayed the Town where the man was slain should forfeit sixty six Marks to the King and if â— he Town was not able to pay it then the Hundred should forfeit and pay this to the King 's own Tteasury and farther That every man murthered should be accounted Francigena unless Englesherie were proved and how it should be proved see Bracton in the same chap. num 7. Also see Horn's Mirrour of Justices l. 1. cap. of the Office of Coroners and Fleta l. 1. c. 30. This Englesherie for the abuses and grievances which were afterwards perceived to arise therefrom was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke l. 7. f. 16. Calvin's Cafe Enheritance ENheritance is such Estate in Lands or Tenements or other things as may be inherited by the Heir whether it be estate in Fee-simple or Tail by Discent from any of his Ancestors or by his own Purchase And it is divided into Enheritance Corporate and Enheritance Incorporate Enheritance Corporate are Mesuages Lands Meadows Pastures Rents and such like that have substance in themselves and may continue always And these are called Corporal things Enheritance Incorporate are Advowsons Villains Ways Commons Courts Fishings and such like that are or may be appendant or appurtenant to Enheritance Incorporate The Eldest part ENitia or Einecia pars is that Part which upon Partition among Coparceners falls to the Eldest Sister or ancientest Coparcener as it appears by Littleton sect 245. And it is called Enitia pars from the French word Eigne or Aisne that is the First-born Enquest ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact And such Inquiry is either ex officio which are called Inquests of Office and are traversable or at the mise of the parties This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors Entendment ENtendment is an usual word in our Law when a thing is in doubt then by Entendment it shall sometimes be made good As if an Inquisition be found before a Coroner that a man was murthered at A. which is a Liberty and is not said in the Inquisition at A within the Liberty of A yet it shall be good by Entendment for peradventure the Liberty may extend beyond the Town but that the Town if self shall be presumed to be out of the Liberty of the Town is a captious construction wherefore the Inquisition shall be good by Entendment Coke l. 5. f. 121. See Kitch f. 224. Enterpleader ENterpleader is when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined For example Two persons be found Heir to Land by two several Offices in one County by this the King is in doubt to whom he shall make Livery for which cause before Livery made he will have them interplead and thereby determine who is the right Heir See Coke l. 7. f. 45. Stam. Prer c. 19. Brooke tit Enterpleader Also there is another sort of Interpleader in Detinue in divers cases which see Rast Entries 213. Entire Tenancie ENtire Tenancie is that which is contrary to Several Tenancy and signifies a Sole possession in one man where the other signifies Ioynt or common in more See Brooke Several Tenancies and the Old Book of Entries under this Title Entrie ENtrie is where a man enters into any Lands or Tenements or takes possession of them Also there are divers Writs of Entry which are in divers manners One is a Writ of Entrie sur Disseisin which lies where a man is disseised he or his Heir shall have this Writ against the Disseisor or any other after Tenant of the Land And if the Disseisor alien and die seised then the Writ of Entrie shall be against the Heir and the Alienee in the Per viz. in which the Tenant hath no Entry but by such a one naming the Disseisor who him hath disseised c. If the Heir or Alienee die seised or alien to another then the Writ shall be in the Per and Cui viz. to which the Tenant hath no Entry but by such a one naming the Heir or Alienee of the Disseisor to whom such a one naming the Disseisor did let it who by force disseised him c. And if Land be conveyed over to many or if the first Disseisor be disseised then the Writ of Entry shall be in the Post viz. that the Tenant hath no Entry but after the Disseisin which the first Disseisor made to the Demandant or his Ancestor See Entre en le Per. Entrie in the Per Cui and Post A Writ of Entrie in the Per lies where a man is disseised of his Free-hold and the Disseisor aliens or dies seised and his Heir enters then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor or against the Alienee of the Disseisor but living the Disseisor he may have an Assise if he will and the Writ of Entry shall say In quod A non habet Ingressum nisi per B qui illud
Law Actions real ACtions real are such Actions whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee simple Fee-tail or for Term of life Every Action real is either possessory that is of his own possession or seisin or ancestrel scil of the seisin or possession of his ancestor Co. lib. 6. fol. 3. Acts. ACts of Parliament are positive Laws which consist of two parts that is to say of the words of the Act and of the sense and they both joyned together make the Law Additions ADdition is that which is given to a man besides his proper name and Surname that is to shew of what Estate Degree or Mystery he is and of what Town Hamlet or County Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are these which we call names of Dignity as Knight Earl Marquess Duke Additions of Mystery are Scrivener Painter Mason Carpenter and all other of like nature for Mystery is the craft or occupation whereby a man gets his living Additions of Town as Sale Dale and so of the rest And where a man hath a houshold in two places he shall be said to dwell in both of them so that his Addition in one of them doth sufice By the Statute An. 1 H. 5. c. 5. it was or dained that in Suits or Actions where process of Vtlagary lies such Additions should be to the name of the Defendant to shew his estate mystery and place where he dwells and that such writs shall abate if they have not such Additions if the Defendant take exception thereto but they shall not abate by the Office of the Court. Also Duke Marquess Earl or Knight are none of those Additions but names of Dignity which should have been given before the Statute And this was ordained by the said Statute to the iutent that one man might not be grieved nor troubled by the Vtlary of another But that by reason of the certain Addition every man might be certainly known and bear his own burthen Adjournment ADjournment is when any Court is dissolved and determined for the present and afsigned to be kept again at another place or time and methinks is compounded of two words ad or al and jour Admeasurement of Dower ADmeasurement of Dower is a writ that lies where a woman is endowed by an Infant or by a Gardian of more than she ought to have the Heir in such case shall have this writ whereby the woman shall be admeasured and the Heir restored to the overplus But if one abate that is one who hath no right enter after the death of the husband and indow the wife of him that is dead of more than she ought to have the Heir shall not have this Writ but Assise â— Mort dancestor against the Woman and if she plead that she was indowed of the Land as of the Free-hold of her husband the Heir shall shew how she was indowed by the Abator and that she had more than she ought to have and shall pray that he may be restored to the surplusage and if it be found he shall be restored Admeasurement of Pasture ADmeasurement of Pasture is a Writ that lies where many Tenants have Common appendant in another ground and one overcharges the Common with many Beasts then the other Commoners may have this Writ against him And also it may be brought by one Commoner only but then it ought to be brought against all the other Commoners against him that surcharged for that all the Commoners shall be admeasured And this Writ lies not against him nor for him that hath Common appurtenant or Common in gross but those who have Common appendant or Common because of vicinage See the diversity of all these Commons afterwards in the title of Common Also this Writ lies not for the Lord nor against the Lord but the Lord may distrain the beasts of the Tenant that are surplusage But if the Lord overcharge the Common the Commoner hath no remedy by the Common Law but an Assise of his Common Administrator ADministrator is he to whom the Ordinary commits the Administration of the goods of a dead man for default of an Executor and an Action shall lie against him and for him as for an Executor and he shall be charged to the value of the Goods of the dead man and no further unless it be by his own false Plea or by wasting the goods of the dead If the Administrator die his Executors are not Administrators but it behoves the Ordinary to commit a new Administration And if a stranger that is not Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator in any Action brought against him by any Creditor But if the Ordinary make a Letter ad colligendum bona defuncti he that hath such a Letter is not Administrator but the Action lieth against the Ordinary as well as if he take the goods in his own hand or by the hand of any of his Servants by any other Commandment There is also another sort of Administrator where one makes his will and makes an infant under the age of 17 his Executor The Bishop commits Administration to some friend during the nonage of the Executor which Administrator if he sue does not declare that the deceased died intestate Which Administration ceases when the Infant is 17 years old Admiral ADmiral is a high Officer that has the Government of the Kings Navy and the hearing and determining of all Causes as well civil as criminal belonging to the Sea and to that purpose hath his Court called the Admiralty He may cause his Citation to be served upon the Land and take the paries body or goods in execution upon the Land Also he hath cognizance of the death or maihem of a man committed in any great Ship fleeting in great Rivers in the Realm beneath the Bridges of the same next the Sea Also to arrest Ships in the great Streams for the Voiages of the King and Realm and hath Iurisdiction in the said Streams during the same Voiages Ad quod damnum AD quod Damnum is a Writ which ought to be sued before the King grant certain Liberties as a Fair Market or such like which may be prejudicial to others And thereby it shall be required if it should be a prejudice to grant them and to whom it shall be prejudicial and what prejudice shall come thereby There is also another Writ of Ad quod damnum if any one will turn a Common high-way and lay out another way as veneficial Both which though found to be prejudicial may be traversed in another Action although the King hath made his grant pursuant to the Verdicts of the Iury. Advent ADvent is a time which contains about a month next before the Feast of the Nativity of our Saviour Christ In which our
Augmentation remains to this day wherein there are many Records of great use and importance Aumone AUmone or Tenure in Almoin is Tenure by Divine Service for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims whereof some Service is reserved to the Feoffer or Donor Auncel weight AUncel weight was an ancient manner of Weighing in England by the hanging of balances or hooks at each end of a staff which the party lifted up upon his finger or with his hand and so discerned the equality or difference of the things weighed But this weight being subject to much deceit many Statutes were made to out it as the Stat. of 25 E. 3. c. 9. 34 E. 3. c. 5. 8 H. 6. c. 5. and others And it was called Auncel weight as much as to say Handsale Weight Ancient or Ancient Demesne ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor and which he caused to be written in a Book called Dooms-day sub titulo Regis and all the Lands holden of the said Manors are held and the Tenants shall not be impleaded out of the said Manors and if they be they may shew the matter and abate the Writ but if they answer to the Writ and Iudgment be given then the Lands become frank-free for ever until that Iudgment be reversed by writ of Disceit Ra. Ent. 100 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T â— ll for all things concerning their sustenance and Husbandry in ancient Demesne and for such Lands they shall not be put or impannelled upon any Enquest But all the Lands in Ancient Demes â— e that are in the Kings hands are frank-free and pleadable at the Common Law See more after in the Title Sokmans Avoir de pois AVoir de pois is as much as to say true or just weight And it signifies in our Law Two things first a kind of weight diverse from that which is called Troy Weight which hath but 12 ounces to the pound whereas Avoir de pois hath 16. Secondly it signifies such Merchandises as are weighed by this weight and not by Troy weight As you may see in the Statute of York 9. E. 3. 27 E. 3. c. 19 Stat. 2. c. 10. and the Statute of Glocester 2 R. 2. c. 1. Avowry AVowry is where one takes a Distress for Rent or other thing and the other sues Replevin then he that hath taken it shall Iustifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking and that is called his Avowry But if he took it in or for the right of another then when he hath shewed the cause he shall make conusance of the taking as Bailiff or servant to whom in whose right took it Avowterer AVowterer is an Adulterer with whom a married woman continues in Adultery the Crime is called Avowtry 43 E. 3. 19. Awme AWme is a Vessel that contains 40 galons of Rhen â— sh wine and is mentioned in the Statute made 1 Jac. c. 23. B Backberind Thief BAckberind Thief is a Thief taken with the manner that is having that found upon him being followed with a Hue and Cry which he hath stollen whether it be Money Linnen Wollen or other stuff but it is most properly said when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest which are Dog-draw Stable-stand Back-berind and Bloody-hand Badger BAdger is as much as to say Bagger of the French word Baggage id est Sarcina And it is used with us for one that is licenced to buy Corn or other Victuals in one place and carry them to another and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute Bail BAIL is when a man is taken or arrested for Felony suspicion of Felony indicted of Felony or any such case so that he is restrained of his liberty and being by Law bailable offers Surcties to those who have authority to bail him which Sureties are bound for him to the Kings use in a certain Sum of money or body for body that he shall appear before the Iustices of Goal-delivery at the next Sessions c. Then upon the Bonds of these Sureties as is aforesaid he is bailed that is set at liberty until the day appointed for his appearance Manwood in the first part of his Forest Law pag. 167. says There is a great diversity between Bail and Mainprise for he that is mainprised is always said to be at large and to go at his own liberty out of ward after he is put to Mainprise until the day of his Appearance by reason of Common Summons or otherwise But it is not so where a man is put to bail by four or two men by my Lord chief Iustice in Eyre of the Forest until a certain day for there he is always accounted by the Law to be in their ward and custody for the time and they may if they will hold him in ward or in Prison till that time or otherwise at their will so that he that is bail'd â— hall not be said by the Law to be at large or at his own liberty Bailement Bailement is a Delivery of things whether Writings Goods or Stuff to another sometimes to be delivered back to the Bailor that is to him that so delivered it sometimes to the use of the Bailee that is of him to whom it is delivered and sometimes also it is delivered to a third person This delivery is called a Bailment Bailiff BAiliff is an Officer that belongs to a Mannor to order the husbandry and hath authority to pay Quit-rents issuing out of the Mannor fei â— Trees repair Houses make Pales Hedges distrain Beasts doing hurt upon the ground and divers such like This Officer is he whom the ancient Saxons called a Reeve for the name Bailiff was not then known amongst them but came in with the Normans and is called in Latin Villicus There are two other sorts of Bailiffs that is Bailiffs errant and Bailiffs of Franchises Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs to summon the County Sessions Assises and such like Bailiffs of Franchises are those that are appointed by every Lord within his Liberty to do such Offices within his Precincts as the Bailiff errant doth abroad in the County This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff But if such Court is by prescription to be
be it by Knights Service or Soccage and not of any Honor Castle or Mannor and for this it is also called a Tenure which holds meerly of the King For as the Crown is a Corporation a Seignory in gross so the King who possesses the Crown is in the eye of the Law perpetually King never in his Minority and dies no more than Populus doth whose authority he bears See Fitz N. BreÌ„ fol. 5. Yet note That a man may hold of the King and yet not in Capite that is not immediately of the Crown in gross but by means of some Honor Castle or Manor belonging to the Crown whereof he holds his Land Of this Kitchin saith well That a man may hold of the King by Knight's service and yet not in Capite because it may be he holds of some honour by Knights service that is in the Kings hands by descent from his Ancestors and not immediately of the King as of his Crown fol. 129. With which agrees Fitzh Nat. BreÌ„ fol. 5. k. whose words are to this effect It plainly appears that Lands which are held of the King as of an Honor Castle or Manor are not held in Capite of the King because a Writ of right iu this case shall be directed to the Bailiff of the Honor Castle or Manor c. But when the lands are held of the King as of his Crown then they are not held of an Honor Castle or Manor but meerly of the King as King as of his Crown as of a Seignory of it self in gross and the chief of all other Seigniories And this Tenure in Capite is otherwise called Tenure holding of the person of the King Dyer fol. 44. Brook titulo Tenures num 65 99. And yet Ki â— chen fol. 208. saith That a man may hold of the person of the King and yet not in Capite His Case is this If the King purchase a Manor that J. S. holds the Tenant shall hold as he did before and he shall not render Livery nor primer Seisin nor hold in Capite And if the King grants his Manor to W. N. in fee excepting the services of J. S. then J. S. holds as of the person of the King and yet holds not in Capite but as he held before By which it seems that Tenure holding of the person of the King and Tenure in Capite are two divers Tenures To take away which difference it may be said That this place of Kitchen is to be taken as if he had said Not in Capite by Knights service but by Socage following the usual speech because most commonly where we speak of Tenure in Capite we intend Tenure by Knight's service See the Stat. 12 Car. 2. c. 24. by which all Tenures are now turned into free and common Socage Cark CArk seems to be a quantity of Wooll whereof 30 make a Sarplar 27 H. 6. cap. 2. See Sarplar Carno CArno is an Immunity as appears in Cromp. Jurisd f. 191. where it is said That the Prior of Malton made claim for him and his men to be quit of all Amerciaments within the Forest and also to be quit of Escapes and of all manner of Gelds and of Foot-gelds Buckstall Trites Carno and Summage c. Carrack or Carrick CArrack alias Carrick is a Ship of burthen and is so called of the Italian word Carico or Carco which signifies a Burthen This word is mentioned in the Statute 1 Jac. c. 33. Carue of Land CArue or Carucate of land is a certain quantity of land by which the Subjects have been heretofore taxed whereupon the Tribute so levied is called Caruage Bract. l. 2. c. 16. num 8. Lit. Sect. 119. saith that Soca is the same with Caruca sc a Soke or Plow Stow in his Annals p. 251. hath these words The same time H. the King took Caruage that is to say two Marks of Silver for every Knight's Fee to the marriage of his sister Isabel to the Empereur By which it seems there was raised of every Plow-land so much and so consequently of every Knight's free two Marks of Silver Rastal in his Exposition of words saith that Caruage is to be quit if the King shall tax all the Land by Plows that is a Priviledge by which a man is freed from Caruage Skene saith that it contains as great a portion of land as may be eyred or tilled in a year and a day with one Plow which also is called a Hild or Hide of land Castellain CAstellain is a Keeper or Captain sometimes called a Constable of a Castle Bracton l. 5. c. 2. cap. 16. In the same manner it is used anÌ„ 3 E. 1. c. 7. In the book of Feudis you shall find Guastaldus to be of like signification but more large because it is also extended to those that have the custody of the King's Mansion-houses called Courts notwithstanding they are not places of defence or force Manwood part 1. of the Laws of the Forest p. 113. saith That there is an Officer of the Forest called Castellanus Castle-guard CAstle-guard is an Imposition laid upon such of the Kings subjects as dwell within a certain compass of any Castle to the maintenance of such as watch and ward it Mag. Chart. cap. 2. an 32 H. 8. ca. 48. It is sometimes used for the Circuit it self which is inhabited by such as arc subject to this Service See Chivalry Casu consimili CAsu consimili is Writ of Entry granted where the Tenant by courtesie or Tenant for term of life or for the life of another aliens in Fee or in tail or for the life of another And it hath this name because the Clerks of the Chaucery have framed it by their common consent like the Writ called in casu ê“viso according to the authority given them by the Stat. of West 2. cap. 24. which wills That as often as it shall happen in Chancery that in one case a Writ is found and in the like case a remedy is wanting the Clerks of the Chancery should agree to make a Writ c. And this Writ is granted to him in reversion against the party to whom the said Tenant so aliened to his prejudice and in the life of the Tenant See more of this F. N. B. fol. 206. Casu proviso CAsu proviso is given by the Stat of Gloucester cap. 7. This Writ lies where Tenant in Dower aliens in Fee or for life or in tail the Land which she holds in Dower there he that hath the Reversion Fee or in Tail or for term of life shall presently have this Writ against the Alienee or him that is Tenant of the Free-hold of the Land and that during the life of the Tenant in Dower F. N. B. 205. n. Catals CAtals or Chatels comprehend all Goods movable and immovable except such as are in nature of Free-hold or parcel of it as may be collected out of Stamf. Praer cap. 16. and anno 1 Eliz. cap. 2. Yet Kitch fol. 32. saith that
the land extends but to the moiety of a Knight's fee then the Tenant is bound to follow his Lord but 20 days if a fourth part then 10 days Fitzh Nat. Brev fol. 83. c. 84. c e. The other kind of Escuage uncertain is called Castleward where the Tenant by his land is bound either by himself or some other to defend a Castle as often as it shall come to his turn Escuage certain is where the Tenant is assessed to a certain summe of money to be paid instead of such uncertain service as that a man shall pay yearly for a Knights Fee 20 shillings for the half 10 shillings or any such rate And this Service because it is drawn to a certain Rent comes to be of a mixt nature not meerly Socage for it smells not of the Plow and yet Socage in effect being now neither personal service nor incertain Chivalry hath other conditions annexed thereunto as Homage Fealty Wardship Relief and Marriage Bract. l. 2. c. 35. and what they signifie see in their several places Chivalry is either general or special Dyer fol. 161. plac 47. General seems to be where it is only said in the Feoffment that the Tenant holds by Knights Service without any specification of Sergeanty Escuage c. Special is that which is declared particularly what kind of Knights service he holds by See the Statute 12 Car. 2. c. 24 Thing in Action THing in Action is when a man hath cause or may bring an Action for some duty due to him as an Action of Debt upon an Obligation Annuity or Rent Action of Covenant or Ward Trespasse of goods taken away Beating or such like and because they are things whereof a man is not possessed but for recovery of them is driven to his Action they are called Things in Action And those Things in Action that are certain the King may grant and the Grantee may have an Action for them in his own name only But a common person cannot grant his Thing in Action nor the King himself his Thing in Action which is uncertain as Trespass and such like But of late times it is used in London that Merchants and others there who have Bills without Seals for payment of Money assign them to others who bring actions in their own names Churchesset CHurchesset is a word whereof Flet. l. 1. c. 47. in the end thus writes It signifies a certain Measure of Wheat which in times past every man on St. Martins day gave to Holy Church as well in the time of the Britains as of the English Yet many great persons after the coming of the Romans gave that Contribution according to the ancient Law of Moses in the name of the First-fruits as in the Work of King Kanutus sent unto the Pope is contained in which they call the Contribution Chirchsed as one would say Church-seed Church-wardens CHurch-wardens are Officers yearly chosen by the consent of the Minister and the Parishioners according to the custom of every several place to see to the Church Church-yard and such things as belong to both and to observe the behaviour of the Parishioners for such crimes as appertain to the jurisdiction or censure of the Ecclesiastical Court These are a kind of Corporation and are enabled by Law to sue for any thing belonging to their Church or the Poor of the Parish See Lambert's Duty of Church-wardens Cinque Port. CInque Port are five Haven-towns that is Hastings Romney Hythe Dover and Sandwich to which have been granted long time since many Liverties which other Port-towns haue not and that first in the time of King Edward the Confessor which have been increased since and that chiefly in the days of the three Edwards the first the second and third as appears in Dooms-day book and other old Monuments too long to recite Circuity of Action CIrcuity of Action is when an Action is rightfully brought for a Duty but yet about the bush as it were for that it might as well have been otherwise answered and determined and the Suit saved and because the same Action was more then needful it is called Circuity of Action As if a man grant a Rent-charge of x. li out of his Mannor of Dale and after the Grantee disseises the Grantor of the same Manor and he brings an Assise and recovers the land and xxli damages which xx.li. being paid the Grantee of the Rent sues his Action for x. li of his Rent due during the time of the Disseisin which if no Disseisin had been he must have had This is called Circuity of Action because it might have been more shortly answered for whereas the Grantor shall receive xx.li. damages and pay x. li Rent he may haue received but the x. li only for the damages and the Grantee might have cut off and kept back the other x. li in his hands by way of deteiner for his Rent and so thereby might have saved his Action Circumstantibus CIrcumstantibus is a word of Art signifying the Supply and making up the number of Iurors if any impannelled do not appear or are challenged by either party by adding to them as many others of those that are present and standers by See 35 H. 8. c. 6. 5 El. c. 25. City CIty is such a Town corporate as hath a Bishop and a Cathedral Church whereof such words are found The same place is called Urbs Civitas and Oppidum It is called Civitas in regard it is governed in justice and order of Magistracy Oppidum for that there are therein great plenty of Inhabitants and Urbs because it is in due form begirt about with Walls But that place is commonly called Civitas which hath a Bishop Yet Crompton in his Jurisdictions reckons up all the Cities and leaves out Ely although it hath a Bishop and a Cathedral Church and puts in Westminster notwithstanding it now hath no Bishop And 35 El. 6. Westminster is called a City and Anno 27 ejusd c. 5 of Statutes not printed Westminster is alternative called a City or Borough It appears by the Stat. 35 H. 8. c. 10. that then there was a Bishop of Westm Cassanaeus writes that France hath within its Territories 104 Cities and gives this reason because there are so many Sees of Archbishops and Bishops Clack CLack as to clack force and bard wool 8 H 6. cap. 22. whereof the first viz. to Clack wool is to cut off the mark of the Sheep which makes it to weigh lesse and so to pay the less Custome to the King To Force wool is to clip the upper and most hairy part of it To Bard or beard wool is to cut the head and neck from the other part of the Fleece Claim CLaim is a Challenge by any man of the property or ownership of a thing which he hath not in possession but is withholden from him wrongfully and the party that so makes this Claim shall have thereby a great advantage for by it in some cases he may
Lessee pays the Rent to the Lessor and he receives it and puts it in his purse and afterwards upon review of it at the same time he finds that he hath received some counterfeit pieces aud thereupon refuses to take away the Money but re-enters for the Condition broken there his Entry is not lawful for when he hath accepted the Money this was at his peril and after this allowance he shall not take exception to any of it Collateral COllateral is that which comes in or adheres to the side of any thing as Collateral Assurance is that which is made over and beside the Deed it self For example if a man covenants with another and enters Bond for the performance the Bond is called Collateral Assurance because it is external and without the nature and essence of the Covenant And Crompton fol. 185. saith that to be subject to feeding the Kings Deer is collateral to the soil within the Forest In like manner we may say that the liberty to pitch Sheds or Standing for a Fair in the soil of another man is collateral to the land The private Woods of a common person within the Forest cannot be cut down without the Kings license for it is a Prerogative collateral to the soil Man part 1. pag. 66. Collateral Warranty See tit Warrantie Collation COllation is properly the bestowing of a Benefice by the Bishop that hath it in his own Gift or Patronage and differs from Institution in this for that Institution into a Benefice is performed by the Bishop at the motion and Presentation of another who is Patron of the same Church or hath the Patrons right for that time Yet Collation is used for Presentation in 25 E. 3. Stat. 6. and there is a Writ in the Regist 31. b. called De Collatione facta uni post mortem alterius c. directed by the Iustices of the Common Pleas commanding them to direct their Writ to the Bishop for the admitting a Clerk in the place of another presented by the King who during the Suit between the King and the Bishops Clerk deceased for judgment once passed for the Kings Clerk and he dying before he be admitted the King may give his Presentation to another Collusion COllusion is where an action is brought against another by his own agreement if the Plaintiff recover then such Recovery is called by Collusion And in some cases the Collusion shall be enquired of as in Quare impedit and Assise and such like which any Corporation or Body politick brings against another to the intent to have the Land or Advowson whereof the Writ is brought in Mortmain But in Avowry nor in any Action personal the Collusion shall not be inquired See the Stat. of Westm 2. c. 32. which gives the Quale jus and enquiry in such cases Colour COlour is feigned matter which the Defendant or Tenant uses in his barre when an Action of Trespass or an Assise is brought against him in which he gives the Demandant or Plaintiff a Shew at first sight that he hath good cause of Action where in truth it is no just cause but only a Colour and Face of a cause and it is used to the intent that the determination of the Action should be by the Iudges and not by an ignorant Iury of twelve men And therefore a Colour ought to be a matter in Law doubtfull to the common people As for example A. brings and Assise of land against B. and B. saith he himself did let the same land to one C. for term of life and afterward did grant the Reversion to A. the Demandant and after C. the Tenant for term of life died after whose decease A. the Demandant claiming the Reversion by force of the Grant whereto C. the Tenant for life did never atturn entred upon whom B. entred against whom A. for that Entry brings this Assise c. This is a good Colour because the common people think the land will pass by the Grant without Atturnment where indeed it will not pass c. Also in an Action of Trespass Colour must be given of which there are an infinite number one forexample In an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith that before the Plaintiff had any thing in them he himself was possessed of them as of his proper goods and delivered them to A. B. to deliver them to him again when c. and A. B. gave them unto the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and and the Defendant took them from the Plaintiff whereupon the Plaintiff brings an Action that is a good Colour and a good Plea See more hereof in Doctor and Student l. 2. c. 13. Colour is for this cause viz. where the Defendant justifies by title in trespass or Assize if he do not give the Plaintiff Colour his plea amounteth only to not guilty for if the Defendant hath title he is not guilty 1 Co. 79. 108. Colour of Office COlour of Office is always taken in the worst part and signifies an act evilly done by the countenance of an Office and it bears a dissembling face of the right of the Office whereas the Office is but a vail to the falshood and the thing is grounded upon vice and the Office is as a shadow to it But by reason of the Office and by virtute of the Office are taken always in the best part and where the Office is the just cause of the thing and the thing is pursuing the Office Plo. in Dive Man case sol 64. a. Combat COmbat in our ancient Law was a formal Trial of a doubtful Cause or quarrel by the Sword or Bastons of two Champions See Glanvile l. 14. c. 1. Britton c. 22. and Dyer fol. 301. num 41. Commandment COmmandment is taken in divers significations sometimes for the Commandment of the King when by his mere motion and from his own mouth he casts any man into prison Stamf. Plac. Coron fol. 72. or of the Iustices And this Commandment of the Iustices is either absolute or ordinary Absolute as when upon their own authority or wisdom and discretion they commit any man to prison for a punishment Ordinary is when they commit one rather to be safely kept then for punishmenr and a man committed by such ordinary Commandment is bailable Placit Cor. fol. 73. Commandment is again used for the offence of him that wills another man to transgresse the Law or to do any such thing as is contrary to the Law as Murther Theft or such like Bract. l. 3. tract 2. c. 19. The Civilians call this Commandment Angelus de maleficiis Commendrie COmmandrie was the name of a Manor or chief Messuage with which Lands or Tenements were used belonging to the late Priory of S. John of Jerusalem untill they were given to King Henry the eighth by Statute made in the 32 year of his reign And he who
had the Government of any such Manor or House was called the Commander who had nothing to do to dispose of it but to the use of the Priory and to have only his sustenance from it according to his degree which was usually a Brother of the same Priory who had been made Knight in the Wars against Infidels and they were lately called Knights of the Rhodes or Knights of Malta of the places where their grand Master did dwell See the said Statute and the old Statute intituled De Templariis whose decay was a great increase of this Order And many of these Commandries are called in the Country by the name of Temple Commandam COmmendam is a Benefice that being void is commended to the care of some sufficient Clerk to be supplied untill it may be conveniently provided of a Pastor And the true original of these Commendams was either evident profit or necessity He to whom the Church is commended hath the fruits and profits thereof only for a certain time and the nature of the Church is not changed thereby but is as a thing deposited in the hands of him to whom it is commended who hath nothing but the Custody thereof which may be revoked Commissary COmmissary is a title of Ecclesiastical Iurisdiction appertaining to him that exercises Spiritual Iurisdiction in places of the Diocess so far distant from the chief City that the Chancellor cannot call the Subjects to the Bishop's principal Consistory without their great trouble This Commissary is called by the Canonists Commissary or Officialis foraneus and is ordained to this special end that he should supply the Office and Iurisdiction of the Bishop in the out-places of the Diocess or in such Parishes as are peculiars to the Bishop and exempted from the Archdeacon's Iurisdiction for where by prescription or by composition there are Archdeacons who have Iurisdiction in their Archdeaconries as in most places they have there this Commissary is superfluous and rather to the prejudice then good of the people Commission COmmission is as much in the Common Law as the word Delegate in the Civil and is taken for the Warrant or Letters Patents which all men using Iurisdiction either ordinary or extraordinary have for their power to hear or determine any matter or action Yet this word sometimes extends more largely then to matters of Iudgement as the Commission of Purveyors or Cakers 11 H. 4. c. 28. But with this Epithete High it is most commonly used for the High-Commission Court instituted and founded upon the Stat. of 1 Eliz. c. 1. for the ordering and reforming of all offences in any thing appertaining to the Iurisdiction Ecclesiastical but especially such as are of highest nature or at least require greater puishment then the ordinary Iurisdiction call afford See the Statutes 17 Car. 1. c. 11. and 13 Car. 2. c. 12. by which the said Court is wholly abolished Commission of Rebellion Com̄ission of Rebellion otherwise called a Writ of Rebellion is used when a man after Proclamation made by the Sheriff upon an Order or Process of the Chancery under penalty of Allegeance to present himself to the Court by a day certain appears not And this Commission is directed by way of command to certain persons to the end they three two or one of them shall apprehend or cause to be apprehended the party as a Rebell and contemner of the Kings Laws in what place s ◠ever they shall find him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned Committee COmmittee is he or they to whom the consideration or ordering of any matter is referred either by some Court or consent of the parties to whom it appertains as in Parliament a Bill being read is either consented unto and passed or denied and referred to the consideration of some certain man appointed by the House who hereupon are called a Committee But this word is otherwise used by Kitchen f. 160. where the widdow of the Kings Tenant is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Common COmmon is the right that a man hath to put his Beasts to Pasture or to use the ground that is not his own And note that there are divers Commons that is Common in grosse Common appendant Cōmon appurtenant and Common because of neighbourhood Common in Gross is where I by my Deed grant to another that he shall have Common in my Land Common appendant is where a man is seised of certain land to which he hath Common in anothers ground only for those beasts which compost the land to which it is appendant excepting Geese Goats and H ◠gs which Common is by prescription and of common right and appendant to arable land only Common appurtenant is of the same nature with Common appendant but with all manner of beasts as well Hogs and Goats as Horses Kine and such as compost the ground And this Common may be made at this day and severed from the land to which it is appurtenant but so cannot Common appendant Common because of neighbourhood is where the Tenants of two Lords are seised of two Mannors adjoyning to each other and the Tenants have time out of mind intercommoned each with other with all manner of beasts commonable Yet the one may not put his Cattel in the others ground for so they of the other Town may distrain them Dammage fesant or have an Action of Trespass but they may put them into their own fields and if they stray into the fields of the other Town there they ough to suffer them And the inhabitants of the one Town ought not to put in as many beasts as they will but with regard to the inhabitants of the other for otherwise it were no good Neighbourhood upon which all this depends Common Fine COmmon Fine is a certain summe of Money which the Resiants in a Leet pay unto the Lord of the Leet and it is called in some places Head-silver in some places Certum Letae and was as it seems first granted to the Lord towards the charge of his purchase of the Leet whereby the Resiants had now an ease to do their Suit royal within the Mannor and not be compelled to go to the Sherifs Tourn to do it And for this Common Fine the Lord must prescribe and cannot distrain for it without a prescription as it appears in Godfrey's Case in 11. Rep. fo 44. b. Common Law COmmon Law is for the most part taken three ways First for the Laws of this Realm simply without any other Law as Customary Civil Spiritual or whatever other Law joyned to it as when it is disputed in our Laws of England what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or such like Secondly it is taken for the Kings Courts as the Kings Bench or Common Place only
claims by purchase from the first Feoffee but for the Heir to the first Feoffee Contributione facienda COntributione facienda is a Writ that lies where there are divers Parceners and he who hath the part of the eldest makes all the suit to the Lord the others ought to make Contribution to him and if they will not he shall have against them this Writ In some cases the Heir shall have Contribution and in others not but shall be alone charged For if a man be seised of three Acres of Land and acknowledges a Recognizance or Statute c. and infeoffs A. of one Acre and B. of another Acre and the third discends to his Heir if Execution be sued against the Heir only he shall not have Contribution against any Purchasor yet he is charged as Terre-tenant and not as Heir for the Land and not himself is charged Yet if a man be seised of two Acres the one of the nature of Borough-English and binds himself as before and dies having issue two daughters who make partition in this case if the one be charged he shall have Contribution for as one Purchasor shall have Contribution against others and against the Heir of the Conusee also so one Heir shall have Contribution against another Heir for they are in equal degree Also if a man be so bound and after his death some of his Land descends to the Heir of the part of the father and some to the Heir of the part of the mother the one alone shall not be charged but if he be he shall have Contribution In Dower if the Tenant vouches the Heir in ward to three several Lords each of them shall be equally charged If two four or more men be severally seized of Land and they all joyn in a Recognisance in this case the Conusee cannot extend the Land of any of the Conusors alone but all ought equally to be charged for though the Land of the Conusor himself may be only extended when divers men have purchased any of the Land subject to the Recognisance because the Purchasor is in another degree then the Conusor himself yet one of the Conusors shall not be solely charged for he stands in equal degree with the other Conusors Also the tertenant of a Debtor upon an extent shall have contribution of the Heir of the Debtor which see 1 Cro. Eyer against Taunton If Iudgement be given against two Disseisors in Assise for the Land and damages and one Disseisor dies the Execution shall not be awarded against the surviving Disseisor that was party to the wrong but as well the Heir as the Disseisor shall be equally charged But otherwise it is in personal binding as if two are bound in an Obligation there the charge shall survive And where it is said that the one Purchasor shall have Contribution it is not thereby intended that the others shall give or allow unto him any thing by way of Contribution but it ought to be intended that the party that is solely extended for all may by an Audita querela or Scire Facias as the case requires defeat the Execution and thereby shall be restored to all the mean profits and force the Conusee to sue Execution of all the Land so in this manner every one shall be contributory viz. the Land of every Terre-Tenant shall be equally extended Convocation COnvocation is commonly taken for the Assembly of all the Clergy to consult of Exclesiastical matters in time of Parliament And as there are two Houses of Parliament so there are two places called Convocation-houses the one called the Higher Convocation-house where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation-house where all the rest of the Clergy sit Vide Prolocutor Conusance COnusance of Plea is a Priviledge that a City or Tenant hath by the Kings grant to hold Plea of all Contracts and of Lands within the precinct of the Franchise and that when any man is impleaded for any such thing in the Court of the King at Westm the Mayors or Bayliffs of such Franchises or their Atturneys may ask Conusance of the Plea that is to say that the Plea and the matter shall be pleaded a â— d determined before them But if the Court at Westminster be lawfully seised of the Plea before Conusance be demanded then they shall not have Conusance for that Suit because they have neglected their time of demand thereof but this shall be no bar to them to have Conusance in another Action for they may demand Conusance in one Action and omit it in another at their pleasure And note that Conusance lies not in Prescription but it behoves to shew the Kings Letters Patents for it Coparceners COparceners See Parceners Copyhold COpyhold is a Tenure for which the Tenant hath nothing to shew but the Copies of the Rolls made by the Steward of his Lord's Court For the Steward as he inrolls all other things done in his Lords Court so he doth also such Tenants as are admitted in the Court to any parcel of Land or Tenements belonging to the Manor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant takes from him and keeps as his only Evidence Coke l. 4. fol. 25. This Tenure is called a Base Tenure because it holds at the will of the Lord Kitchen fol. 80. Fitzh Nat. Brev. f. 12. b. c. who saith it was wont to be called Tenure in Villenage and that this Copyhold is but a new name Yet it is not simply at the will of the Lord but according to the Custome of the Manor so that if a Copiholder break not the Custome of the Manor and thereby forfeit his Tenure he seems not so much to stand at his Lords courtesie for his right as to be displaced when he pleases The Customes of Manors are infinite varying in one point or other almost in every several Manor First some Copyhold is fineable and some certain That which is fineable the Lord rates at what Fine he pleases when the Tenant is admitted unto it that which is certain is a kind of inheritauce and called in many places Customary because the Tenant dying and the Hold being void the next of bloud paying the customary Fine cannot be denied admittance Secondly some Copyholders have by Custome the Woods growing upon their own Land which by the Law they cannot have Thirdly there are Copy-holders that hold by the Vierge in Ancient demesne and although they hold by Copy yet they are in nature of Free-holders for if such a one commit Felony the King hath the year day and waste as in case of Free-hold Some others hold by Common Tenure called mere Copyhold and if they commit Felony their Land presently escheats to the Lord of the Manor West part 1 l. 2. sect 646. defines a Copyholder thus Tenant by Copy of Court-roll is he who is admitted Tenant of any Lands or Tenements within a Manor which time without
shall have the Land but for term of life for those words will carry no greater Estate If one will that his son J. shall have his Land after the death of his wife here the wife of the Devisor shall have the Land first for term of life So likewise if a man devise his goods to his wife and that after the decease of his wife his son and heir shall have the House where the goods are there the son shall not have the House during the life of the wife For it doth appear that his intent was that his wife should have the House also for her life notwithstanding it were not devised to her by express words If a Devise be to J. N. and to the Heirs females of his body begotten after the Devisee hath issue a son and daughter and dies here the daughter shall have the Land and not the son and yet he is the most worthy person and Heir to his father but because the Will of the dead is that the daughter should have it Law and Conscience will so also And herein the very Heathens were precise as appears by those Verses of Octavius Augustus which Donatus reports he made after Virgil at his death gave commandment that his Books should be burnt because they were imperfect and yet some perswaded that they should be saved as indeed they happily were to whom he answered thus Let Faith and Law be kept and what last Will Commandeth to be done we must fulfill Devoire DEvoire is as much as to say a Duty It is used in the Statute of 2 R. 2. ca. 3. where it is provided That all the Western Merchants being of the Kings amity shall pay all manner Customs and Subsidies and other Devoires of Caleis See the Stat. 5 Ejusdē Regis cap. 2. Devorce DEvorce or Divorce Divortium dictum est Diversitate mentium quia in diversas partes eunt qui distrahunt Matrimonium or else from the verb Diverto which signifies to return back because after the Devorce between the husband and wife he returns her again to her father or other friends or to the place from whence he had her And though Devorce was never approved of by the Divine Law but contrariwise prohibited as appears by this precept Let no man separate that which God hath joyned together yet in all ages and well-governed Common-wealths it hath been used and permitted As at this day with us there are divers causes for which the husband and wife may be devorced as first causa Praecontractus Therefore if a man marry with a woman precontracted and hath issue by her this issue in Law and in truth bears the surname of his father but if after the husband and wife be devorced for the Precontract there the issue hath lost his surname and is become a Bastard and nullius filius Cok. lib. 6. fol. 66. Devorce may be causa Frigiditatis and therefore if a man be married to a woman and after they are devorced causa Frigiditatis and then the man takes another wife and hath issue by her yet this issue is lawfull because that a man may be habilis inhabilis diversis temporibus and by the Devorce causa Frigiditatis the Marriage was dissolved a vinculo Matrimonii and by consequence either of them might marry again Cok. lib. 5. fol. 98. b. Also a man may be devorced causa Impubertatis or Minoris aetatis and in this case if two are married infra annos nubiles and after full age Devorce is had between them this dissolves the Marriage and the woman may arraign an Assise against the Husband for the Lands or Tenements given with her in Frank-marriage 19 lib. Assise Pla. 2. So Devorce may be had causa Professionis causa consanguinitatis causa Fornicationis and for many other causes too long to be now recited It is requisite that in the sentence of Devorce the Cause thereof be shewed because some Devorce dissolves the Matrimony that is to say a vinculo Matrimonii bastards the issue and barrs the wife of Dower and some a mensa thoro the which dissolves not the Matrimony nor barrs the Woman of Dower nor bastards the issue Devorce is a Iudgement spiritual and therefore if there be cause ought to be reversed in the Spiritual Court See Cok. lib. 7. Kenns Case If a Woman Copiholder of certain Land durante viduitate sua according to the Custome of the Mannor sows the Land and before the severance of the Corn takes a husband the Lord shall have the Emblements and not the husband But if a Lease be made to the husband and wife during the Coverture and the husband sows the Land and afterward they are devorced causa Praecontractus the husband shall have the Emblements and not the Lessor Dicker DIcker is a word used in the Statute of 1 Jacobi cap. 22. and it signifies the quantity of Ten Hides of Leather And it seems to come from the Greek word Decas which signifies Ten. Diem clausit extremum DIem clausit extremum is a Writ that lies where the Kings Tenant that hold in Chief dies then this Writ shall be directed to the Escheator to enquire of what Estate he was seised who is next Heir and his age and of the certainty and value of the Land and of whom it is holden and the Inquisition shall be returned into the Chancery which is commonly called The Office after the death of that persō And there is another Writ of Diem clausit extremum awarded out of the Exchequer after the death of an Accountant or Debtor of his Majestie to levy the Debt of his Heir Executor Administrators lands or goods Dietus datus DIes datus is a Respite given to the Tenant or Defendant before the Court Brook Tit. Continuance Dieta rationabilis DIeta rationabilis is sometimes used for a Reasonable Days journey as Bract. l. 3. patt 2. cap. 16. It hath in the Civil Law other significations which need not be here mentioned See Vocabul utriusque Juris Dieu son act DIeu son act these are words oftentimes used in our Law and it is a Maxime That the Act of God shall prejudice no man And therefore if a House fall down by Tempest or other Act of God the lessee for life or years shall not only be quit in an Action of Waste brought against him but hath by the Law a special interest to take timber to build the House again if he will for his habitation Cok. lib. 4. 63. lib. 11. 82. a. In like manner when the Condition of an Obligation consists of two parts in the disjunctive and both are possible at the time of the Obligation made and afterwards one of them becomes impossible by the Act of God the Obligor is not bound to perform the other part for the Condition shall be taken beneficially for him Coke lib. 5. 22. Dignitie Ecclesiastical DIgnitie Ecclesiastical is a phrase of speech used in the Statute of 26 Hen. 8.
Fieri facias If a man recover by a Writ of Debt and sue a Fieri facias and the Sheriff return that the Defendant hath nothing whereof he may satisfie the Debt to the party then the Plaintiff shall have Elegit or Capias sicut alias and a Pluries And if the Sheriff return at the Caplas Mitto vobis corpus and he have nothing whereof he may make satisfaction to the party he shall be sent to the prison of the Fleet and there abide untill he have made Agreement with the party and if the Sheriff return Non est inventus then there shall go forth an Exigent against him Note well That in a Writ of Debt brought against a Parson who hath nothing of Lay-Fee and the Sheriff returns that he may not be summoned then shall the Plaintiff sue a Writ to the Bishop to cause his Clerk to come and the Bishop shall make him come by Sequestration of the Church And if a man bring a Writ of Debt and recover and make his Executors and die they shall not have Execution notwithstanding it be within the year be a Fieri facias There is another sort of Elegit upon adjudging execution against Terr-tenants which Elegits recite the lands against which Execution is adjudged and commands the Sheriff to deliver to the Creditor a moyty of those Lands and nothing is therein mentioned of any Goods or Chattels as in the other Elegits Elopement ELopement is when a married woman departs from her husband and dwells with an Adulterer for which without voluntary reconcilement to her husband she shall lose her Dower by the Statute of West 2. cap. 34. Whereupon is this old Verse The woman that her husband leaves And with Adult'ry is defil'd Her Dower she shall want unless She first to him be reconcil'd Embleaments EMbleaments are the Profits of the Land which have been sowed and in some cases he who sowed them shall have them and in some not as if Tenant for life sow the Land and afterwards die the Executors of the Tenant for life shall have the Embleaments and not he in Reversion But if Tenant for years sow the Land and before that he hath reap'd his term expires there the Lessor or he in Reversion shall have the Embleaments If one desseises me and cuts the Embleaments growing upon the Land and afterwards I re-enter I shall have an Action of Trespasse against him for the Embleaments but if my Disseisor makes a Feoffment in fee or leases the Land whereof he disseised me and the Feoffee or Lessee takes the Embleaments and after I re-enter I shall not have Trespass Vi armis against them who come in by Title but against my Disseisor Cok. lib. 11. f. 51. If a woman Copiholder during her Widowhood according to the Custome of the Mannor sows the Land and before severance of the Embleaments she takes a husband the Lord shall have the Embleaments So if a woman seised of Land during her Widowhood makes a Lease for years and the Lessee sows the Land and the woman takes a husband there the Lessee shall not have the Embleaments although his Estate be determined by the act of a stranger And although it is commonly held in our Books That if a man leases Lands at will and after the Lessee sows the Land and then the Will is determined that the Lessee shall have the Embleaments yet if the Lessee himself determines the Will before the severance of the Corn. he shall not have the Embleaments See Cok. lib. 5. fol. 116. Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial between party and party comes to the Barrs with one of the parties having received some reward so to do and speaks in the case or privily labours the Iury or stands there to survey or overlook them thereby to put them in fear and doubt of the matter But persons learned in the Law may speak in the case for their clients Emparlance EMparlance is when a man being to answer to a Suit or Action desires some time of Respite to advise himself the better what he shall answer and it is nothing else but a Continuance of the Cause untill a fatther day And though the Plaintiff in the Kings Bench after the Barre pleaded hath time to reply two or three Terms after yet no mention shall be made in the Roll of any Emparlance or Continuance but the Entry shall be general and so intended to be the same Term. But it is otherwise with a Barre for it contains the Emparlance or Continuance and is in this manner And now at this day that is Friday c in the same Term untill which day the aforesaid A had licence to imparle c. But there is no such Entry upon any Replication or Rejoynder See Coke lib. 5. fol. 75. Brit. cap. 53. uses this word for the Conference of a Iury upon the business to them committed There is a special Imparlance also for a Defendant salvis sibi omnibus omnimodis exceptionibus ad breve narrationem or ad billam which is of use where the Defendant is to plead some matters which cannot be pleaded after a general imparlance Encheson ENcheson is a French word much used in our Law Books as in the Statute of 50 E. 3. cap. 3 and it signifies as much as the Occasion cause or reason for which any thing is done So it is used by Stamford lib. 1. cap. 12. in his description of a Deodand Encrochment ENcrochment comes from the French word Acrocher that is to Pull or draw to And it signifies an Vnlawfull gaining upon the right or possession of another And so a Rent is said to be encroched when the Lord by Distresse or otherwise compells the Tenant to pay more Rent then he ought or then he need See Bucknal's Case 9 Rep ' fol. 33. So when a man sees his Hedge or his Wall too far into the land or ground of his neighbour that lies next him he is said to incroach upon him Enditement or Indictment INdictment comes of the French Enditer that is to set a man out as he is And it is a Bill or Declaration in form of Law exhibited by way of Accusation against one for some offence either criminal or penal and preferred to Iurors and by their Verdict found and presented to be true before a Iudge or Officer that hath power to punish or certifie the Offence Endowment ENdowment Dotatio signifies properly the Giving or assuring of Dower to a woman But it is sometimes by a Metaphor used for the Setting out or severing of a sufficient part or portion to a Vicar for his perpetual maintenance when the Benefice is appropriated And so it is used in the Statutes of 15 R. 2. cap. 6. and 4 H. 4. cap. 12. Endowment de la pluis belle part ENdowment de la c. is when a man dies seeised of some Lands held in Knights-service and others in
time their Reservations were as well in Victuals as Money until at the last and that chiefly in the time of King Henry the First by agreement the reservation of Victuals was turned into ready Money and so hitherto hath continued amongst most men Fate or Fatt FAte or Fatt is a Measure mentioned in the Statutes of 1 H. 5. cap. 10. and 11 H. 6. cap. 8. to contain eight Bushels but the Citzens and Merchants of London as it appears by those Statutes and the Kings Purveyors would have that measure and a Bushel over for one Quarter and so they had nine Bushels for one Quarter of Corn. Faux Imprisonment FAux Imprisonment is a Writ that lies where a man is arrested and restrained from his Liberty by another against the order of the Law then he shall have against him this Writ whereby he shall recover Dammages See more thereof before tit Arrest Faux Judgment FAux Judgment See thereof before tit Error Fealty FEalty is a Service called in Latine Fidelitas and shall be done in this manner viz. The Tenant shall hold his right hand upon a Book and shall say to his Lord I shall be to you faithful and true and shall bear to you Faith for the Lands and Tenements which I claim to hold of you and truly shall do you the Customs and Services that I ought to do to you at the terms assigned So help me God and shall kiss the Book but he shall not kneel as in doing Homage And thereof see after in the Title Homage Also Fealty is incident to all manner of Tenures Fee FEE Feodum is in our Law an equivocal word of divers significations for it is most usually taken for an Estate of Inheritance in Lands and Tenements to one and his Heirs or to one and the Heirs of his Body But it is used also for the Compass Circuit or Extent of a Lordship or Mannor And from thence comes the ordinary Plea in Bar to an Avowry That the Land upon which he avows is out of his Fee And thirdly it is taken for a Reward or Wages given to one for the execu ◠〈◊〉 of his Office as the Fee of a Forrester or the Keeper of a Park or a Sheriffs Fee sor â— erving an Execution lim â—â— s by the Statute of 29 Eliz. cap 4. And it is also taken for that Consideration which is given a Sergeant at Law or a Councellor or a Physitian for their Counsel or Advice in their profession which as it is well observed by Sir Jo. Davies in his Preface to his Reports is not properly Merces but Honorarium Yet in our Law-language it is called his Fee Fee expectant FEE expectant Where Lands are given to a man and his wife in Frank-marriage to have and to hold to them and their heirs in this case they have Fee-simple but if they are given to them and the heirs of their body c. They have Tail and Fee-expectant Kitch fol. 153. Fee Farm FEE Farm is when a Tenant holds of his Lord in Fee-simple paying to him the value of half or of the third fourth or other part of the Land by the year And he that holds by Fee-Farm ought not to pay Relief or do any other thing that is not contained in the Feoffment but Fealty for that belongs to all kind of Tanures Fee-simple FEe-simple is when any person holds Lands or Rent or other thing inheritable to him and his Heirs for evermore and these words His Heirs make the Estate of Inheritance for if the Land be given to a man for ever yet he hath but an Estate for life Also if Tenant in Fee-simple die his first son shall be his Heir but if he have no Son then all his Daughters shall be his Heirs and every one shall have her part by partition but if he have no Son nor Daughter then his next Coufin collateral of the whole Blood shall be his Heir Fel de se FElo de se is he that commits Felony by murthering himself See Crompt Justice of Peace fol. 28. Felony FElony is a general term which comprehends divers hainous Offences for which the Offenders ought to suffer death and lose their Lands And it seems that they are called Felonies of the Latine word Fel which is in English Gall in French Fiel or of the ancient English word Fell or Fierce because they are intended to be done with a fell fierce or mischievous mind When a man without any colour of Law steals the Goods of another amounting to the value of Twelve pence or more that is Larceny but if he approaches the Person of another in the High-way and robs him of his Goods although it be but to the value of one peny it is Felony and that is called Robbery and therefore he shall be hanged Fence-moneth FEnce-moneth is a Forrest word and signifies the time of 31 days in the year that is to say 15 days before Midsummer and 15 days after in which time it is forbidden for any man to hunt in the Forrest or to go into it to disturb the wild Beasts The reason of which is because the Female Deer do then Fawn And therefore this Moneth is called the Fence-moneth or Defence-moneth for that the Deer are then to be defended from scare or fear See Manwood Forrest Laws cap. 13. fol. 90. b. Feodarie FEodarie was an Officer in the Court of Wards appointed by the Master of that Court by virtue of the Statute 32 H. 8. c. 46. to be present with the Escheator in every County at the finding of Offices and to give in evidence for the King as well for the Value as the Tenure And his Office was also to survey the Lands of the Ward after the Office found to return the true value thereof into the Court to assign Dower unto the Kings Widows to receive all the Rents of the Wards Lands within his Circuit and to answer them to the Receiver of the Court But see the Stat. 12 C â— r. 2. c. 24. for Abolishing the said Court Feoffment FEoffment is where a man gives Lands Houses or other Corporal things which are Heritable to another in Fee-simple and thereof delivers Seisin and Possession Also if one make a gift in tail or a lease for life Livery and Seisin must be given or else nothing shall pass by the Grant Feoffor and Feoffee FEoffor is he that infeoffs or makes a Feoffment to another of Lands or Tenements in Fee-simple And Feoffee is he who is infeoffed or to whom the Feoffment is so made Ferdfare FErdfare is to be quit from going to War Flet. lib. 1. c. 47. Ferdwit FErdwit is to be quit of Murther committed in the Army Flet. l. 1. c. 47. Ferry IS a liberty by prescription or the Kings Grant to have a Boat for passage upon a great Stream for Cariage of horses and men for reasonable toll Feude FEude or Deadly Feude is a German word and signifies implacable Hatred not to be
parts as there are Parceners then to write every part severally in a Little Scroll or piece of Paper or Parchment and put the same Scroll up close into a Hat or Cap or other such like thing and then each Parcener one after another as they are in age to draw one piece or Scroll wherein is written a part of the Land which by this Drawing is now severally alloted to them in Fee-simple The fourth Partition which is by Compulsion is when one or some of the Coparceners would have Partition and other some will not agree thereto then they that so would have Partition may bring a Writ De Partitione facienda against the others that would not make Partition by virtue whereof they shall be compelled to part c. In Kent where the Lands are of Gavelkind-nature they call at this day their Partition Shifting even the same word that the Saxons used namely Shiftan which signifies to make Partition between Coheirs and to assign to each of them their portion In Latin it is called Herciscere Partition also may be made by Ioyntenants or Tenants in common by their assent by Deed between them or by Writ by the Statutes of 31 H. 8. cap. 1. and 32 H. 8. cap. 32. Pasport PAsport is a word mentioned in the Statute of 2 E. 6. cap. 2. and signifies a Licence made by any that hath authority for the safe passage of any man from one place to another Patron PAtron is he that hath the Advowson of a Parsonage Vicarage Free-chappel or such like Spiritual Promotion belonging to his Manor or otherwise in gross and thereby may or ought to give the same Benefice or present thereto when and as often as it becomes void And this being Patron or Patronage had beginning for the most part by one of these three ways namely either by reason of the Foundation for that the Patron or his Ancestors or those from whom he claims were Founders or Builders of the Church or by reason of Donation for that they did endow or give Lands to the same for maintenance thereof or else by reason of the Ground because the Church was set or built upon their soil or ground and many times by reason of all three Paunage or Pannage PAunage or Pannage is that mony which the Agistors of Forests do gather for the feeding of Hoggs within the Forrest and it is also taken for all manner of Mast of trees within the Forest on which the Hogs do feed See Manw. For. Laws chap. 12. fol. 90. a. Peers PEers are those that are impannelled in an Enquest upon any man for the convicting or clearing him of any offence for which he is called in question The reason of which appellation of the Iury is for that Peers comes from the Latin Pares that is Equals and the custome of our Nation is to try every man by his Equals that is to say by his Peers And so it appears by the Statutes of Magna Charta cap. 29. West 1. cap. 6. This word is also used for the Nobility of the Realm and Lords of the Parliament who are called the Peers of the Realm And of that see Stamf. Pl. of the Crown lib. 3. cap. 1. fol. 152. Perambulatione facienda PErambulatione facienda is a Writ that lies where two Lordships lie one nigh another some Encroachment is made by long time then by assent of both Lords the Sheriff shall take with him the parties and the neighbours and shall make Perambulation and shall make the Bounds as they were before But if a Lord encroach upon another and he will not make Perambulation then the Lord so grieved shall have a Writ against the other which is called de Rationalibus divisis Perjury PErjury is a corrupt or voluntary false Oath given in Chancery or in Evidence to a Iury upon tryal of an issue at Common Law See Stat. 5 El. cap. 9. Perinde valere PErinde valere is a term that belongs to the Ecclesiastical Law and signifies a Dispensation granted to a Clerk who not being capable of a Benefice or other Ecclesiastical Function is de facto admitted to it And it hath the name from the words which make the faculty as effectual to the party as if he were actually capable of the thing for which he hath his Dispensation at the time of his admittance Pernor of Profits PErnor of Profits is he that takes the Profits Pernor of Profits and Cestuy que use is all one Coke lib. 1. Casu Chudley fol. 123. But one may be Pernor of c. and not Cestuy que use by Title but by Coven which see Co. 5. 77 78. Co. Entr. 698. 2 Leo. rep 16. 2 Anderson 25. Stat. 11. H. 6. 3. Perpetuity PErpetuity is used in Law where an Estate is so designed to be settled in Tail c. that it cannot be undone or made void Which the State cannot bear as is said in the end of the case Moo rep 809 810. Co. 1. 84. 130. Co. 6. 40. l. 8. 90. Per quae servitia PEr quae servitia is a Writ Iudicial and goes out upon the Note of a Fine and it lies for the Conusee of a Mannor or Seigniory to compel him that is Tenant of the Land at the time of the Fine levied to attourn to him And of this Writ see the Old N. B. f. 170. a. Perquisites PErquisites are Advantages and Profits that come to a Mannor by casualty and not yearly as Escheats Harriots Reliefs Waifes Estrays Forfeitures Amerciaments in Courts Goods and Lands purchased by Villains of the same Mannor Fines of Copiholds and divers other like things that are not certain but come by chance sometimes more often than at other times See Perkins fol. 20 21. Personalty PErsonalty as the Action is in the Personalty that is to say brought against the right person or the person against whom in Law it lies Petit Cape PEtit Cape is a Writ that lies when any Actios Real that is to say of Plea of Land is brought and the Tenant appears and afterward makes Default then this Petit Cape shall go forth to seise the Lands into the Kings hands But if he appears not at the first Summons then a Grand Cape shall go forth and for such Defalt the Tenant shall lose the Land But if he wage his Law of Non-summons he shall save his Default and then he may plead with the Demandant And in Grand Cape the Tenant shall be summoned to answer to the Default and farther to the Demandant But in Petit Cape he shall be summoned to answer to the Default only and not to the Demandant And it is called Petit Cape for that there is less in this Writ than in the other Pettybag PEttybag is an Office in the Court of Chancery for Suits for and against Attorneys and Officers of that Court And for process and proceedings by extents on Statutes Recognizances Ad quod dampnum c. Parva Baga dicitur Petit
ustome of the Mannor and the Monstraverunt to discharge them when their Lord distrains them to do other Services than they ought This Writ of Monstraverunt ought to be brought against their Lord and these Tenants hold all by one certain Service and are free Tenants of Ancient Demesne Soccage in base Tenure is where a man holds in Ancient Demesne that may not have the Monstraverunt and for that it is called the base Tenure Sockmans SOckmans are the Tenants in Ancient Demesne that held their Lands by Soccage that is by Service with the Plow and therefore they are called Sockmans which is as much to say as Tenants or men that hold by Service of the Plow or Plow-men For Sok signifies a Plow And these Sockmans or Tenants in Ancient Demesne have many and divers Liberties given and granted them by the Law as well those Tenants that hold of a common person as those that hold of the King in Ancient Demesne as namely to be free from paying Toll in every Market Fair Town and City throughout the whole Realm as well for their Goods and Chartels that they sell to others as for those things that they buy for their Provision And thereupon every of them may sue to have Letters Patents under the Kings Seal directed to his Officers and to the Mayors Bayitffs and other Officers in the Realm to suffer them to be Toll-free to be exempt from Leets and Sheriffs Turns also to be quit of Pontage Murage and Passage as also of Taxes and Tallages granted by Parliament except that the King tax ancient Demesne as he may at his pleasure for some great cause to be free from payments toward the expences of the Knights of the Shire that come to the Parliament And if the Sheriff will distrain them or any of them to be contributary for their Lands in Ancient Demesne then one of them or all as the case requires may sue a Writ directed to the Sheriff commanding him that he do not compel them to be contributary to the expences of the Knights And the same Writ doth command him also that if he have already distrained them therefore that he redeliver the same Distress Also that they ought not to be impannelled nor put in Iuries and Enquests in the Country out of their Mannor or Lordship of Ancient Demesne for the Lands that they held there except that they have other Lands at the Common Law for which they ought to be charged And if the Sheriff do return in Pannels then they may have a Writ directed to him De non ponendis in Assisis Juratis And if he do the contrary there lies an Attachment against him And so it is also if the Bailiffs of Franchises that have return of Writs will return any of the Tenants which hold in Ancient Demesue in Assises or Iuries Sodomy SOdomy in the Indictment for this offence it is said Rem veneream habuit peccatum illud Sodomiticum inter Christianos non nominandum felonice commisit Spoliation SPoliation is a Suit for the Fruits of a Church or for the Church it self it is to be sued in the Spiritual Court and not in the Temporal And this Suit lies for one Incumbent against another where they both claim by one Patron and where the right of the Patronage doth not come in question or debate As if a Parson be created a Bishop and hath dispensation to keep his Benefice and afterward the Patron presents another Incumbent which is instituted and inducted now the Bishop may have against that Incumbent a Spoliation in the Spiritual Court because they claim both by one Patron and the right of the Patronage doth not come in debate and because the other Incumbent came to the possession of the Benefice by the course of the Spiritual Law that is to say by Institution and Induction so that he hath c â— lour to have it and to be Parson by the Spiritual Law for otherwise if he be not instituted and inducted c. Spoliation lies not against him but rather a Writ of Trespass or an Assise of Novel disseisin c. So it is also where a Parson who hath a Plurality doth accept another Benefice by reason whereof the Patron presents another Clerk who is instituted and inducted now the one of them may have Spoliation against the other and then shall come in debate whether he has a sufficiene Plurality or not And so it is of Deprivation c. The same law is where one saith to the Patron that his Clerk is dead whereupon he presents another there the first Incumbent who was supposed to be dead may have a Spoliation against the other And so it is in divers other like cases whereof see Fitz. Natura Br. f. 36. G. c. Stablestand STablestand is a term of the Forrest Laws when one is sound standing in the Forrest with his Bow bent ready to shoot at any Deer or with his Grey-hounds in a Lease ready to slip See Manw. Forest Laws cap. 18. fol. 133. b. Stallage STallage signifies money paid for pitching Stalls in Fairs or Markets or the right of doing it Standard STandard See Estandard Stannary STannary are Courts by ancient custom held in Cornwal for suits concerning the Trade of Tin Statute-Merchant TO hold by Statute-Merchant is where a man acknowledges to pay mony to another at a certain day before the Mayor Bailif or other Warden of any Town that hath power to make execution of the same Statute and if the Obligor pay not the Debt at the day and nothing of his Goods Lands or Tenements may be found within the Ward of the Mayor or Warden aforesaid but in other places without then the Recognisee shall sue the Recognisance and Obligation with a Certification to the Chancery under the Kings Seal and he shall have out of the Chancery a Capias to the Sheriff of the County where he is to take him and to put him in prison if he be not a Clerk till he have made satisfaction for the Debt And one quarter of a year after he is taken he shall have his Land delivered to himself to make gree to the party for the Debt and he may sell his Land while he is in prison and his sale shall be good And if he do not make satisfaction within a quarter of a year or if it be returned that he is not found and if he be not a Clerk then the Recognisee may have a Writ out of the Chancery called Extendi facias directed to any Sheriff to extend his Lands and Goods and to deliver the Goods to him and to scise him in his Lands to hold them to him his Heirs and Assigns till the Debt be levied or payed and for that tune he is Tenant by Statute-Merchant Note that in a Statute-Merchant the Recognisee shall have Execution of all the Lands which the Recognisor had the day of the Recognisance made and any time after by force of the
See Yard-land Viscount VIscount is either the name of a degree or State of Honour under an Earl and above a Baron or else the name of a Magistrate and an Officer of great Authority whom we commonly call Sheriff or to speak more truly Shire reve and was at the first called Shire gereve that is the Keeper of the Shire or the Reeve or Ruler of the Shire for Gereve is derived of the Saxon word Gerefa i. a Ruler And hereof comes Portreve or Portgreve a name in old time given to the head Officer of a Town and signifies the Ruler of the Town for that Port coming of the Latine word Portus signifies a Port-town and Greve being derived as aforesaid signifies a Ruler so that Portgreve or as we now shorter speak a Portreve is the Ruler of the Town And thus was the Head Officer or Governor of the City of London long since before they had the name of Mijor or Bayliffs called as it doth appear in divers old Menuments but chiefly in the Saxon Charter of William the Conquerour which begins thus William the King greeteh William the Bishop and Godfrey the Portreve and also the Citizens that in London be c. So also they of Germany from whom we and our Language first came call one Governor Burgreeve another Margreeve and another Lansgreeve with such like c. Thus much is said only to shew the right Etymon and Antiquity of the word Sheriff to which Officer our Common Law hath always given so great Trust and Authority as to be a special Preserver of the Peace And therefore all Obligations that he takes to that end are Recognisances in Law He is a Iudge of Record when he holds the Leets or Turns which are Courts of Record Also he hath the Execution and Return of Writs and impannelling of Iuries and such like c. Uncore prist UNcore prist is a Plea for the Defendant in Debt upon an Obligation who being sued because he did not pay the Debt at the day pleads to save the Forfeiture that he rendred the money at the day and place and that no Body was there to receive it and says over That he is yet ready to pay it And where a man ought to plead over that he is yet ready and where not see in Perkins sect 783 784. Coke 9 book fol. 79. a b in Peyto's Case Volunt VOlunt is when the Tenant holds at the Will of the Lessor or Lord and that is in two manners One is when I make a Lease to a man of Lands to hold at my Will then I may put him out at my pleasure but if he sow the Ground and I put him out then he shall have his Corn with egress and regress till it be ripe to cut and carry it out of the ground Such Tenant at Will is not bound to sustain and repair the House as Tenant for years is But if he make wilful waste the Lessor shall have against him an Action of Trespass Also there is another Tenant at Will of the Lord by Copy of Court-Roll according to the Custome of the Mannor and such a Tenant may surrender the Land into the hands of the Lord according to the Custom to the use of another for Life in fee or in tail and then he shall take the Land of the Lord or his Steward by Copy and shall make Fine to the Lord. But if the Lord put out such a Tenant he hath no remedy but to sue by Petition And if such a Tenant will implead another of the Lands c. he ought to enter a Plaint in the Court and shall declare in the nature of what Writ he will as the case lies Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man and another ought to warrant the Land to the Tenant then the Tenant shall vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by which he may be summoned then there shall go forth a Writ called Sequatur sub suo periculo And when he comes he shall plead with the Demandant And if he come not or if he come and cannot bar the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad Valentiam against the Vouchee See more of Voucher before in the Title of Garranty Uses USes of Land had beginning after the Custom of Property began amongst men as where one being seised of Lands in Fee-simple made a Feoffment to another without any Consideration but only meaning that the other should be seised to his Use and that he himself would take the Profits of the Lands and that the feoffee should have the Possession and Franktenement thereof to the same use c. Now after this upon good Considerations and to avoid divers Mischiefs and Inconveniences was the Statute of An. 27 H. 8. c. 10. provided which unites the Use and possession together so that he who hath the Use of the Land hath the Possession thereof according to the Vse he hath therein by virtue of that Statute Usurpation USurpation is most commonly used when any one presents a Rector or Vicar to a Church without a good Title Stat. Westm 2. cap. 5. Co. 6. Rep. 51. 11 Rep. 33. Usury USury is a Gain of any thing above the Principal or that which was lent exacted only in Consideration of the Loan be it as well Corn Meat Apparel Wares or such like as Money And here much might be said and many Cases put concerning Vsury which of purpose I omit only I wish they who account themselves Religious and good Christians would not deceive themselves by colour of the Statute of Usury because the Statute saith that it shall not be lawful for any to take above xi pound in the C. l. for a year c. whereby they gather though falsly that they may therefore take six pounds for the Loan of an Hundred pounds with a good Conscience because the Statute doth after a sort dispense with it because it doth not punish such taking For God will have his Decrees to be kept inviolable who saith Lend looking for nothing thereby c. by which words is excluded either the taking of vi l. v. l. yea or one peny above the Principal But rather let such think that Statute was moved upon like cause that moved Moses to give a Bill of Divorce to the Israelites as namely to avoid a greater mischief and for the hardness of their hearts And the Statute of 21 Jac. cap. 17. hath expresly Ordained That no word in that Law shall be Construed and Expounded to allow the practice of Vsury in point of Religion or Conscience By the Statute of 13 Eliz. c. 8. the Loan of Money was at 10 l. per Cent. by
and not retornable And if the Sheriff do it not then there shall go forth another Writ Sicut alias and afterward another Writ Sicut pluries vel causam nobis significes which shall be retornable And if the Sheriff yet make no Replevin then there shall issue an Attachment directed to the Coroners to attach the Sheriff and to bring him before the Iustices at a certain day and farther that they make execution of the first Writ Replication REplication is when the Defendant in any Action makes an Answer and the Plaintiff replies to that that is called the Replication of the Plaintiff Reprises REprises are Deductions Payments and Duties that go yearly and are paid out of a Mannor as Rent chare Rent seck Pensions Corrodies Annuities Fees of Stewards or Bailiffts and such like Reprieve REprieve comes from the French Repris that is taken back so that to reprieve is properly to take back or suspe â— d a Prisoner from the Execution and proceedings of the Law for that time Requests REquests is a Court held in the Kings Palace before the Master of the Requests by Petition and it seems is a Court of Equity Rere County REre County is a word used in the Statutes of Westm 2. cap. 39. and 2 E. 3. c. 5. and seems by those Statutes to be some publick place which the Sheriff appointed for the receiving of the Kings mony after his County Court was done Resceit REsceit is when any Action is brought against the Tenant for term of life or years and he in the Reversion comes in and prays to be received to defend the Land and plead with the Demandant And when he comes it behoves that he be alway ready to plead with the Demandant In the same manner a Wife shall be received for the default of her Husband in an Action brought against them both And Tenant for years shall be received to defend his Right where in an Action brought against the Tenant of the Free-hold he pleads faintly Rescous REscous is a Writ that lies when any man takes a Distress and another takes it again from him and will not suffer him to carry the Disress away this is a Rescous upon which he may have this Writ and shall recover dammages Also if one distrain Beasts for dammage Feasant in his Ground and drives them in the High way to Impound them and in going they enter into the House of the owner and he withholds them there and will not suffer the other to impound them that withholding is a Rescous Also if a Sheriff takes my Debtor by an Execution or by mesne Process and J. S. rescue him out of the Custody of the Sheriff I may have an Action of Rescous against J. S. for this wrong and recover Dammages and Debt Reservation REservation is taken divers ways and hath divers natures As sometimes by way of exception to keep that which a man had before in him As if a Lease be made for years of Ground reserving the great Trees growing upon the same now the Lessee may not meddle with them nor with any thing that comes of them so long as it abides in or upon the Trees as Mast of Oak Chesnut Apples or such like but if they fall from the Trees to the ground then they are by right the Lessees for the Ground is let to him and all thereupon not reserved c. Sometimes a Reservation doth produce and bring forth another thing which was not before As if a man Lease his Lands reserving yearly for the same xxli c. And divers other such Reservations there be And note that in ancient time their Reservations were as well in Victuals whether Flesh Fish Corn Bread Drink or what else as in Money until at last and that chiefly in the Reign of King Henry 1. by agreement the Reservation of Victuals was changed into ready Money as it hath hitherto continued Residence REsidence comes from the Latine Residere and is all one with Resiance but that this word Residence is oftner appropriated to the Continuance of a Parson or Vicar upon his Church or Benefice and so it is used in the Statute of 28 H. 8. cap. 13. Resignation REsignation is where an Incumbent of a Church resigns or leaves it to the Ordinary who did admit him to it or to his Successors which differs from Surrender since by that he to whom the Resignation is made hath no interest in the thing so resigned but he to whom the Surrender is made hath by that the thing it self Restitution REstitution is when a Iudgment is reversed by Error then a Writ of Restitution shall issue to restore to the Defendant in the Action what he hath lost And there is a Writ of restitution of stolen goods upon conviction of the Thief which is made at the Sessions or Assises on the Statute of 21 H. 8. 11. Noy rep 128. Resummons REsummons is a Second Summons of a man to answer an Action where the first Summons is defeated by the Demise of the King or such other cause And of this see Coke lib. 7. fol. 29. b. Also if a Terr-tenant returned upon a Scire facias or Defendant in another Action plead non-age and the Plea stays until c. When he comes of full age the Plaintiff upon a suggestion may have a Scire facias or resummons And so when a Plea is staid by pleadiny Protection Excommunication or such other disability Resumption REsumption is a word used in the Statute of 31 H 6. c. 7. and is there taken for the Taking again into the Kings hands such Lands or Tenements as upon false suggestion or other error he had made Livery of to an Heir or granted by Patent to any man Retraxit REtraxit is the Preterperfect tense of Retraho to pull back and is when the party Plaintiff or Demandant comes in proper person into the Court where his Plea is and saith he will not proceed any farther in the same c. this will be a Bar to the Action for ever Reve or Reeve REeve is an Officer more known in ancient time then at this day for almost every Mannor had then a Reeve and yet still in many Copyhold-Mannors where the old custom prevails the name and office is not altogether forgotten And it is in effect that which now every Bayliff of a Mannor practises although the name of Bayliff was not then in use amongst us being siuce brought in by the Normans But the name of Reeve anciently called Greeve which Particle Ge in continuance of time was altogether left out and lost came from the Saxon word Geresa which signifies a Ruler And so indeed his Rule and Authority was large within the compass of his Lords Mannor and among his men and Tenants as well in matters of Government in peace and war as in the skilful use and trade of Husbandry For as he did gather his Lords Rents pay Reprises or Duties issuing out of the Manor set the Servants
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest