Poll which names arise from the form or fashion of them the one being cut in and out in the top or side which we call Indented the other being plain A Deed Indented is a Deed consisting of two parts or more for there are Tripartite and Quadripartite Deeds in which it is expressed That the parties thereto have to every part thereof interchangably set their several Seals The cause of their Indenting is that it may appear they belong to one business or contract A Deed Poll or polled anciently called Charta de una parte is a plain Deed without Indenting as if we should say The Indenting is polled or cut off and is used when the Vendor for example onely Seals and there is no need of the Vendees sealing a Counterpart by reason the nature of the Contract is such as it requires no Covenant from the Vendee unless in such case the Vendor will out of caution or curiosity have a Counterpart to see upon any occasion what Covenants himself hath given See Coke on Littl. fol. 35. b. Déemsters or Demsters from the Saxon dema i. a Judge or Umpire All Controversies in the Isle of Man are decided without Process Writings or any Charges by certain Judges whom they chuse from among themselves and call Déemsters Camd. Brit. tit British Islands Deer-Hays Are Engins or great Nets made of Cords to catch Deer Anno 19 Hen. 7. cap. 11. De essendo quietum de Tolonio Is a Writ that lies for those who are by priviledge freed from the payment of Toll which read at large in Fitz. Nat. Br. fol. 226. De expensis militum Is a Writ commanding the Sheriff to levy four shillings per diem for the expences of a Knight of the Shire And a like Writ De expensis Civium Burgensium to levy two shillings per diem for every Citizen and Burgess of Parliament 4 Inst fol. 46. De facto Anno 12 Car. 2. cap. 30. Which is actually done done indeed Default Fr. Defaut Is an Offence in omitting that which we ought to do Of this Bracton hath a whole Tract lib. 5. tract 3. By whom it appears that Default is most notoriously taken for non-appearance in Court at a day assigned Of this you may also read Fleta lib. 6. cap. 14. and Coke on Littl. fol. 259. b. Defeizance of the Fr. Desfaire i. to undo or defeat Signifies a Condition relating to a Deed as to a Recognizance or Statute which being performed by the Recognizor the Deed is disabled and made void as if it never had been done The difference between a Proviso or Condition in Deed and a Defeizance is That those are inserted in the Deed or Grant this is usually in a Deed by it self Of which you may read West at large Par. 1. Symb. lib. 2. sect 156. Defend Fr. Defendre Signifies in our ancient Laws and Statutes to prohibit or forbid As Usuarios defendit quoque Rex Edwardus ne remanerent in Regno LL. Ed. Conf. cap. 37. 5 Rich. 2. cap. 7. Of which thus Chaucer Where can you say in any manner age That ever God defended Marriage And in 7 Edw. 1. we have a Statute entituled Statutum de defensione portandi arma c. It is defended by Law to Distrain in the Highway Coke on Littl. fol. 161. To this day in divers parts of England we say God defend instead of God forbid And the Fench Moneth is more truly called the Defence Moneth i. the Forbidden Moneth See Fench Moneth Defendant Defendens Is he that is sued in an Action Personal as Tenant is he who is sued in an Action Real See Impediens Defendemus Is a word used in Feofments and Donations and hath this force that it binds the Donor and his Heirs to defend the Donce if any Man go about to lay any servitude on the thing given other then is contained in the Donation Bracton lib. 2. cap. 16. num 10. See Warranty Defender of the Faith Defensor fidei Is a peculiar title given to the Kings of England by the Pope as Catholicus to the King of Spain Christianissimus to the King of France and Advocatus Ecclesiae to the Emperor Which title was given by Pope Leo the Tenth to King Henry the Eighth for writing against Martin Luther in behalf of the Church of Rome and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth fol. 105. Deforcement Deforciamentum Matth. Paris fol. 422. Quicunque deforciaverit eis dotem de ipso deforciamento convicti fuerit id est Per vim abstulerit A withholding Lands or Tenements by force from the right owner See Deforceor and Coke on Littl. fol. 331. b. Deforciant Anno 23 Eliz. cap. 3. The same with Deforceor Deforceor Deforciator of the Fr. Forceur i. expugnator Is one that overcomes and casts out by force and differs from Disseisor First in this because a Man may disseise another without force which is called Simple Disseisin Britton cap. 53. Next because a Man may deforce another that never was in possession For example if more have right to Lands as Common Heirs and one entring keeps out the rest the Law says He deforceth them though he do not disseise them Old Nat. Br. fol. 118. And Littleton cap. Discontinuance fol. 117. says He who is inseoffed by the Tenant in Tail and put in Possession by keeping out the Heir of him in Reversion being dead doth deforce him though he did not disseise him because he entered when the Tenant in Tail was living and the Heir had no present right A Deforceor differs from an Intruder because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Possessor And a Deforceor is he that holds out the right Heir as abovesaid Bracton lib. 4. cap. 1. Degrading See Disgrading Delegates Anno 25 Hen. 8. cap. 19. Are Commissioners so called because delegated or appointed by the Kings Commission under the Great Seal to sit upon an Appeal to the King in the Court of Chancery in three Cases First When a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly When any Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When a Sentence is given in the Admiral Court in Sutes Civil and Marine by order of the Civil Law 4 Part. Inst fol. 339. Anno 8 Eliz. cap. 5 Deliverance See Replegiare Delf from the Sax. delfan to dig or delve Is a Quarry or Mine where Stone or Coal is dug Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth there is mention of a Mine or Delf of Copper Camd. Demain or Demesn Dominicum Gallis Domanium Italis Demanium Accipitur multipliciter says Bracton Est autem Dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands Anglicè i. Dominicum ad mensam Item dicitur Dominicum
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple fee-Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
with an Adulterer whereby without voluntary submission or reconcilement to her Husband she shall lose her Dower by the Stat. of Westm 2. ca. 34. according to this old Dystich Sponte virum mulier fugiens Adultera facta Dote sua careat nisi sponso sponte retracta A Woman thus leaving her Husband is said to Elope and her Husband in this case shall not be compell'd to allow her any Alimony See Alimony I am perswaded the word is taken from the Saxon geleowan i. To depart from one place to dwell in another the Saxon w being easily mistaken for a p. Emblements from the French Emblâ—vence de bled i. Corn sprung or put up above ground Signifies strictly the Profits of Land which has been Sowed but the word is sometimes used more largely for any Profits that arise and grow naturally from the Ground as Grass Fruit Hemp Flax c. If Tenant for Life sow the Land and die his Executor shall have the Emblements and not he in reversion But if Tenant for years sow the Land and before severance the term expires there the Lessor or he in reversion shall have the Emblements and not the Lessee Vide Coke lib. 11. fol. 51. Embraceor Anno 19 Hen. 7. ca. 13. Is he that when a Matter is in Trial between Party and Party comes to the Bar with one of the Parties having receiv'd some Reward so to do and speaks in the Case or privately labors the Jury or stands there to survey or over-look them whereby to awe or put them in fear The Penalty whereof is 20 l. and Imprisonment at the Justices discretion by the said Statute Embracery Is the Act or Offence of Embraceors To instrnct the Jury or promise reward for or before appearance is Embracery Noys Rep. fol. 102. Embre or Embring-dayes Anno 2 3 Edw. 6. ca. 19. Are those which the ancient Fathers called Quatuor tempora and are of great Antiquity in the Church being observâ—d on Wednesday Friday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood day in September and St. Lucy's day in December and are so called from the Saxon ymb-ren i. cursus vel circulus because constantly observ'd at set seasons in the course or Circuit of the Year They are mention'd by Britton ca. 53. and others In 3 Part. Inst fol. 200. it is said These Embring dayes are the week next before Quadragesima which is a great mistake Emendals Emenda Is an old word still used in the Accounts of the Inner-Temple where so much in Emendals at the fcot of an Account signifies so much in the Bank or Stock of the House for Reparation of Losses or other emergent occasions Quod in restaurationem damni tribuitur says Spelman Empanel Ponere in Assisis Juratis Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule or Roll of Paper by the Sheriff whom he has Summon'd to appear for the performance of such Publick Service as Juries are employ'd in See Panel Emparlance From the French Parler to speak Signifies a Desire or Petition in Court of a Day to pause what is best to do the Civilians call it Petitionem induciarum Kitchin fol. 200. says If he imparl or pray continuance c. where praying continuance is spoken interpretatively and fol. 201. mentions imparlance general and special The first seems to be that which is made onely in one word and in general terms Emparlance special where the Party requires a Day to deliberate adding also these words Saluis omnibus advantagiis tam ad jurisdictionem Curiae quam ad breve narrationem or such like Britton useth it for the conference of a Jury upon the Cause committed to them ca. 53. See Imparlance Encheson French Signifies occasion cause or reason wherefore any thing is done 50 Ed. 3. ca. 3. See Skene in hoc verbum Encroachment or Accroachment Fr. Accrochement i. A grasping or hooking Signifies an unlawful encroaching or gathering in upon another man As if two mens Grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings Rent-service and the Lord exacts three So Hugh and Hugh Spencer encroached unto them Royal Power and Authority Anno 1 Edw. 3. in Proaem Enditement Indictamentum from the French Enditer i. Deferre nomen alicujus Is a Bill or Declaration drawn in form of Law for the benefit of the Common-wealth and exhibited by way of Accusation against one for some offence either Criminal or Penal and preferred unto Jurors and by their Verdict found and Presented to be true before a Judge or Officer that has power to punish or certifie the Offence An Inditement is alwayes at the Sute of the King and differs from an Accusation in this That the Preferrer of the Bill is no way tied to the Proof of it upon any Penalty except there appear conspiracy See Stamf. pl. Cor. lib. 2. ca. 23. usque 34. Enditements of Treason and of all other things ought to be most curiously and certainly penned Coke 7. Rep. Calvins Case The day year and place must be put in See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst fol. 134. Endowment Dotatio Signifies the bestowing or assuring of a Dower See Dower But it is sometimes used Metaphorically for the setting forth or severing a sufficient portion for a Vicar towards his perpetual maintenance when the Benefice is appropriated See Appropriation and the Stat. 15 Rich. 2. ca. 6. Endowment de la plus belle part Is where a man dying seized of some Lands holden in Knights-service and other some in Soccage the Widow is sped of her Dower in the Lands holden in Soccage as being the fairer or better part Of which see Lattleton at large lib. 1. cap. 5. Enfranchise French Enfranchir To make Free to Incorporate a man into any Society or Body Politic to make one a Free Denizen Enfranchisement French Signifies the Incorporating a Man into any Society or Body Politick For example he that by Charter is made Denizen of England is said to be Enfranchised and so is he that is made a Citizen of London or other City or Burgess of any Town Corporate becaufe he is made partaker of those Liberties that appertain to the Corporation whereinto he is Enfranchised So a Villain was Enfranchised when he was made Free by his Lord. Englecerie Englecherie or Engleschyre Engleceria Is an old abstract word signifying the being an Englishman For example if a Man were privily slain or murdered he was in old time accounted Francigena which comprehended every alien especially Danes until Englecerie was proved that is until it were made manifest that he was an Englishman Bracton lib. 3. tract 2. cap. 15. num 3. This Englecery for the abuses and troubles that afterward were perceived to grow by it was absolutely taken away by Stat. 14 Edw. 3. cap. 4. Enheritance See Inheritance Enitia pars See Esnecy Enquest Fr. Lat. Inquisitio Is especially taken
further in Fleta lib. 6. ca. 8. seq and that these came to us from the Civil-Lawes and the Normans is well shewed by the grand Custumary where you may find in a manner all that our Lawyers say of this matter ca. 39. to 45. Essoins and Profers Anno 32 Hen. 8. ca. 21. See Profer Essonio de malo lecti Is a Writ directed to the Sheriff for sending four lawful Knights to view one that has Essoined himself de malo lecti Reg. of Writs fol. 8. b. Establishment of Dower Seems to be the assurance or settlement of Dower made to th Wife by the Husband or his Friends before or at Marriage And Assignment is the setting it out by the Heir afterwards according to the Establishment Britton ca. 102 103. Estandard or Standard Fr. Estandart i. Signum vexillum An Ensign for Horsemen in War and is commonly that of the King or Chief General But it is also used for the Principal or Standing-Measure of the King to the scantling whereof all the Measures throughout the Land are or ought to be framed by the Clerks of the Market Aulneger and other Officers according to their several Offices For it was established by Magna Charta 9 Hen. 3. ca. 9. That there should be but one scantling of Weights and Measures through the whole Realm which was confirm'd by the. Stat. 14 Edw 3. ca. 12. From henceforth there shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm 17 Car. 1. ca. 19. It is called a Standard with good reason because it stands constant and immoveable and hath all other Measures coming towards it for their Conformity as Souldiers in the field have their Standard or Colours to repair to Of these Measures read Britton ca. 30. Estate Fr. Estat i. Conditio Signifies especially that Title or Interest which a Man hath in Lands or Tenements as Estate simple otherwise called Fee simple and Estate conditional or upon condition which is according to Litt. lib. 3. ca. 5. either upon Condition in Deed or upon Condition in Law The first is where a Man by Deed indented infeoffs another in Fee reserving to him and his heires yearly a certain Rent payable at one Feast or at divers upon condition that if the Rent he behind c. it shall be lawful for the Feoffer and his heirs to enter Estate upon condition in Law is such as hath a Condition in Law annexed to it though it be not specify'd in writing For example if a Man grant to another by his Deed the Office of a Parker for life This Estate is upon condition in the Law or imply'd by Law viz. If the Parker so long shall well and truly keep the Park c. We read also of an Estate particular which is an Estate for life or for years Perkins Surrenders 581. Esterling See Sterling Estopel from the Fr. Estouper i. Oppilare Obstipare Is an impediment or bar of an Action growing from his own Fact who hath or otherwise might have had his Action For example a Tenant makes a Feoffment by collusion to one the Lord accepts the Services of the Feoffee by this he debars himself of the Wardship of his Tenants heir Fitz. Nat. Br. fol. 142. k. And Broke hoc titulo Coke lib. 2. Casu Goddard defines an Estopel to be a bar or hindrance to one to plead the truth and restrains it not to the impediment given a man by his own act onely but by anothers also Lib. 3. Case of Fines fol. 88. There are three kinds of Estopel viz. By matter of Record by matter in Writing and by matter in Paiis Of which see Coke on Litt. fol. 352. a. Estovers Estoveria from the Fr. Estouver i. Fovere Signifies nourishment or maintenance Bracton lib. 3. tract 2. ca. 18. num 2. uses it for that sustenance which a man apprehended for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Stat. 6 Ed. 1. ca. 3. useth it for an allowance in meat or cloth It is also used for certain allowances of Wood to be taken out of another Mans Woods Westm 2. ca. 25. 20 Car. 2. ca. 3. West pa. 2. Symbol tit Fines Sect. 26. sayes Estovers comprehends House-bote Hay-bote and Plow-bote As if one hath in his Grant these general words De rationabili Estoverio in boscis c. He may thereby claim these three In some Mannors the Tenants have Common of Estovers that is necessary Botes out of the Lords Woods As at Orleton in Com. Heref. where the Tenants paid the Lord a Wood-hen yearly by way of Rent or Retribution for the same Rationabile Estovorium See Alimony Estray from the old Fr. Estrayeur Lat. Extrahura Pecus quod elapsum a custode campos pererrat ignoto Domino Signifies any beast that is not wild found within any Lordship and not owned by any man in which Case if it be Cried according to Law in the next Market-Towns and it be not claimed by the Owner within a Year and a day it is the Lords of the Soil See Britton ca. 17. See Estrays in the Forrest Anno 27 Hen. 8. ca. 7. New Book of Entries verbo Trespas concernant Estrey The ancient Law of K. Inas was Diximus de ignotis pecoribus ut nemo habeat sine testimonio Hundredi vel bominum Decennae i. Sectatorum Letae Spel. Estreat Extractum Is used for the Copy or true Note of an Original Writing and especially of Amerciaments or Penalties set down in the Rolls of a Court to be levied by the Bailiff or other Officer upon every Man for his Offence See Fitz. Nat. Br. fol. 57 76. And so-it is used We stm 2. ca. 8. Clerk of the Estreats See in Clerk Estrepe Fr. Estropier i. Mutilare To make spoil by a Tenant for life in Lands or Woods to the prejudice of him in reversion Estrepement or Estrepament From the Fr. Estropier i. mutilare Signifies spoil made by the Tenant for term of life upon any Lands or Woods to the prejudice of him in the Reversion Stat. 6. Edw. 1. ca. 13. And it may seem by the derivation that Estrepament is properly the unreasonable soaking or drawing away the heart of the Land by Plowing and Sowing it continually without Manuring or other good Husbandry And yet Estropier signifying mutilare it may no less properly be applyed to those that cut down Trees or lop them farther then the Law allowes It signifies also a Writ which lies in two Cases the one when a Man having an Action depending as a Formdon dum fuit infra atatem Writ of right or such like wherein the Demandant is not to recover Damages sues to inhibit the Tenant from making wast during the Sute The other is for the Demandant who is adjudged to recover Seisin of the Land in question and before Execution sued by the Writ Habere facias possessionem for fear
or put by the thing in question Bracton lib. 4. Tract 3. ca. 5. has these words Et non permittas quod A capitalis Dominus Feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So does Kitchin use it fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat. 5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudicatus with Authors of other Nations signifies as much as banished or as Deportatus in the ancient Roman-Law as appears by Vincentius de franchis Descis 102. Forjudged the Court Is when an Officer of any Court is banished or expeld the same for some offence or for not appearing to an Action by Bill filed against him and in the later he is not to be admitted to Officiate till he shall appear to the Bill Anno 2 Hen. 4. ca. 8. He shall lose his Office and be forjudged the Court c. Forjudicare interdum est male judicare Spel. Forfang Forefeng A Sax. fore ante fangen prendere est captio obsoniorum quae in foris aut nundinis ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria Antecaptio Et sint quieti de Wardwite de utlewe Forvenge Withfange c. Carta Hen. 1. Hosp Sancti Barth Lond. An. 1133. Forfeiture Forisfactura comes of the French Forfact i. Scelus but signifies with us rather the effect of transgressing a Penal Law then the transgression it self as forfeiture of Escheats Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus Goods confiscated and goods forfcited differ Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner who has committed some offence whereby he loseth his Goods Confiscate are those that are disavowed by an Offender as not his own nor claimed by any other But Forfeiture is rather more general and Confiscation particular to such as forfeit onely to the Princes Exchequer Full forfeiture plena forisfactura otherwise called plenawita Is a forfeiture of life and member and all else that a man hath Manwood Part. 1. pa. 341. Forfeiture of Marriage Foris factura Maritagii Is a Writ which lay against him who holding by Knights-service and being under age and unmarried refused her whom the Lord offer'd him without his disparagement and married another Fitz. Nat. Br. fol. 141. Reg. of Writs fol. 163. b. Forfeng forefeng Forbenge Quietantiam prioris prisae designat In hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt Fleta lib. 1. ca. 47. See Forfang Forger of false Deeds from the French Forger i. To beat on an Anvil or bring into shape Signifies either him that fraudulently makes and publishes false Writings to the prejudice of any mans right or else the Writ that lies against him who commits this offence Fitz. Nat. Br. fol. 96. b. sayes That a Writ of Deceit lies against him who commits this offence and the penalty of it is declared in the Stat. 5 Eliz. ca. 14. Forlandum Et de duobus Forlandis xvi denarios sc de Forlando Johannis Wauker quod jacet ante terram Ecclesiae viii denarios Mon. Angl. 2 Part. fo 332. Formdon Breve de forma donationis Is a Writ that lies for him who has right to any Lands or Tenements by vertue of any Intail growing from the Stat. of Westm 2. ca. 1. There are three kinds of it viz. Forma Donationis or Formdon in the Descender Formdon in the Reverter and Formdon in the Remainder Formdon in the Descender lies for the recovery of Lands c. given to one and the heirs of his body or to a Man and his Wife and the heirs of their two bodies or to a Man and his Wife being Cosin to the Donor in Frank-Marriage and afterwards alienated by the Donee For after his decease his heir shall have this Writ against the Tenant or Alienee Fitz. Nat. Br. fo 211 217. and 214. makes three sorts of this Formdon in the Descender The first is in the manner now express'd The second for the heir of a Co-parcener that aliens and dies The third he calls Insimul tenuit which lies for a Co-parcner or heir in Gavelkind before partition against him to whom the other Co-parcner or heir has alienated and is dead Formdon in the Reverter lies for the Donor or his heirs where Land is entailed to certain persons and their Issue with condition for want of such issue to revert to the Donor and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Formdon in the Remainder lies where a Man gives Lands in Tayle the Remainder to another in Tayle and afterwards the former Tenant in Tayl dies without issue of his body and a stranger abates then he in Remainder shall have this Writ Reg. of Writs fol. 238. 242. Of this see also the New Book of Entries verbo Formdon and Coke on Litt. fol. 326. b. Fornagium Fr. Fournage Et Dominus Rex proinde amittit per an de exitibus Fornagii sui x. libras Pl. coram Rege ejus Concil in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Tenants bound to Bake in his common Oven as is usual in the North of England or for a permission to use their own also Chimney-Money or Harth-silver See Furnage Fornication Fornicatio Anno 1 Hen. 7. ca. 4. Whoredom the Act of Incontinency in single persons for if either party be Married it is Adultery The first offence herein was punish'd with three Moneths Imprisonment the second was made Felony by a Rump-Act Scobels Collection Anno 1650 ca. 10. SUffex Praeceptum est Vic. quod venire faciat Juratores qui in Assisa Nov. Disseisinae dubium fecerunt Sacramentum tangen quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae non dixerint esse haeredem Et in eo quod dixerint quod Matilda quae fuit mater Agnetae fuit uxor dicti Simonis non dixerunt utrum Patria habebat eam ut uxorem ejus Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Matildam ut uxorem suam dicunt quod nunquam dictam Matildam matrem dictae Agnetae desponsavit Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda per quod compellebatur unum de tribus facere uxorem vel ipsam affidare vel vitam suam amittere vel ipsam Matildam retro osculare ita quod ipse Simon ibidem dedit fidem suam praedictae Matildae matri praedictae Agnetae quod ipsam desponsare debuit sed ipsam nunquam alio modo desponsavit c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit seisin de 1 Messuag c. in
it is arbitrary Fresh fine Is that which was levied within a year past Westm 2. ca. 45. Anno 13 Edw. 1. Fresh force Frisca fortia Is a force done within fourty dayes Fitz. Nat. Br. fol. 7. For if a man be Disseis'd of any Lands or Tenements within any City or Borough or deforced from them after the death of his Ancestor to whom he is heir or after the death of his Tenant for Life or in Tayl he may within fourty dayes after his title accrued have his remedy by an Assise or Bill of Fresh force See Old Nat. Br. fol. 4. a. Fresh sute Recens insecutio Is such a present and active following an Offender as never ceases from the time of the Offence committed or discover'd until he be apprehended And the benefit of the pursute of a Felon is That the party pursuing shall have his Goods restored him whereas otherwise they are the Kings of this see Stamf. Pl. Cor. lib. 3. ca. 10 and 12. where you shall find what sute is to be accounted fresh and what not The same Author lib. 1. ca. 27. saith that fresh sute may continue for seven years See Cokes Reports lib. 3. Rigeways Case Fresh sute is either within the view or without For Manwood sayes That upon fresh sute within the view trespassers in the Forest may be attached by the Officers pursuing them though without the limits of the Forest pa. 2. ca. 19. num 4. Friar or Frier Lat. Frater Fr. Frere i. A Brother an Order of Religious persons of which these are reckoned the principal Branches Anno 4 H. 4. ca. 17. viz. Minors Grey-Friers or Franciscans Augustins Dominicans or Black-Friers and White-Friers or Carmelites from which the rest descend See Zecchius de Repub. Eccles p. 380 and Linwood tit de relig Domibus c. 1. verbo Sancti Augustini Friburgh alias Frithborg from the Sax. frith i. Pax. and borge i. Fidejussor Is the same with Francpledge the one being in use in the Saxons time the other since the Conquest wherefore for the understanding this read Frankpledge and the Laws of King Edward set out by Lambert fol. 232. in these words Praeterea est quaedam summa maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freoborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum c. Bracton mentions Fridburgum lib. 3. Tract 2. ca. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes Armigeros c. Dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos armigeros alios sibi servientes quod si cui forisfecerint ipsi Domini sui habeant eos ad rectum si non habuerint solvant pro eis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastis Where we learn the reason why Great Men were not combined in any ordinary Dozein because they were a sufficient assurance for themselves and for their menial servants no less then the ten were one for another in ordinary Dozeins See Skone verbo Freiborgh Fleta writes it Frithborgh and useth it for the principal man or at least for one of the Dozein lib. 1. ca. 47. See Hoveden parte poster Annal. in Hen. 2. fol. 345. But Spelman makes a difference between Friborg and Frithborg saying The first signifies libera securitas or fidejussio the other pacis securitas Fridstoll et Frithflow from the Sax. frith pax stol sedes cathedra stow locus A Seat Chair or place of Peace In the Charter of Immunities granted to the Church of St. Peter in York confirmed Anno 5 Hen. 7. Fridstol is expounded Cathedra quictudinis pacis Of these there were many others in England but the most famous at Beverley which had this Inscription Haec sedes lapidea Freedstoll dicitur i. Pacis Cathedra ad quam reus fugiendo perveniens omnimodam habet securitatem Camd. Frier observant Frater observans Is a branch of the Franciscans which are Minores tam observantes quam conventuales Capuchini These we find spoken of An. 25 Hen. 8. ca. 12. who are called Observants because they are not combined together in any Cloister Covent or Corporation as the Conventuals are but onely by themselves to observe the Rules of their Order and more strictly then the Conventuals do and upon a singularity of zeal separate themselves from them living in certain places of their own chusing of whom you may read Hospinian de Orig. progress Monachatus ca. 38. fol. 878. Friperer Fr. Fripier i. Interpolator One that furbushes and scowers up old Apparel to sell again It is used for a bastardly kind of Broaker Anno 1 Jac. ca. 21. Frithbrech Sax. Pacis violatio LL. Ethelredi ca. 6. See Frythe Frithburgh See Friburgh Frithmote Per Frithmote Jo. Stanley Ar. clamat capere annuatim de villa de Olton quae est infra Feodum Manerium de Aldford infra Forestam de la Mara x. sol quos Comites Cestriae ante confectionem Cartae praedictae solebant capere Pl. in Itin. apud Cestriam 14 Hen. 7. Frithsocne et Frithsoke frith i. Pax. socne Libertas Tuendae pacis jurisdictio or according to Fleta Libertas habendi franci plegii or immunitatis locus Froborg or Freoburgh from the Sax. freo i. Free and borge i. Fidejussor See Friburgh and Franc-pledge Frodmortel rectius Freomortel from the Sax. freo Free and Morþ doed Murder An Immunity or Freedom granted for Murder or Man-slaughter Carta Adelstani Regis Sancto Wilfrido de Rippon concessa Wyt all that es and es gan Yat ik King Adelstan As given al 's frelith as I may And to ye Capitel of Seint Wilfrai Of my free Devotion Yair pees at Rippon On ilke side the Kyrke a mile For all ilk deeds and ylke agyle And within yair Kyrke yate At ye stan yat Grithstole hate Within ye Kyrke dore and ya quare Pair have pees for les and mare Ilkan of yis stedes sal have pees Of Frodmortel and il deedes Yat yair don is Tol Tem With Iron and with Water deme And yat ye Land of Seint Wilfrai Of alkyn geld fre sal be ay At nai nan at langes me to In yair Herpsac sal haue at do And for ik will at yai be saue I will at yai alkyn fréedome haue And in all thinges be al 's frée As hert may thinke or eygh may sée At te power of a Kinge Masts make free any thynge And my seale haue I sat yerto For I will at no Man it undo Frumgyld Sax. Prima capitis aestimationis pensio vel solutio The first payment made to the
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. o◠Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
Conventus Nullum Swainmotum de caetero teneatur in Regno nostro nisi ter in Anno viz. In Principio quindecim dierum ante Festum Sancti Michael c. Circa Festum S. Martini initio quindecim dierum ante Festum Sancti Johannis Baptistae c. Charta de Foresta tam Regis Johan quam Hen. 3. cap. 9. See 4 Inst fol. 289. Swarff-money The Swarff-money is one penny half-penny it must be paid before the rising of the Sun the party must go thrice about the Cross and say the Swarff-money and then take witness and lay it in the hole and when ye have so done look well that your witness do not deceive you for if it be not paid ye give a great forfeiture xxx s. and a White Bull. This Exposition was found in an old MS. containing the Rents due to the Catesbies in Lodbroke and other places in Warwickshire But conceived to be mistaken for or to signifie the same with Warth-money See Ward-penny Swepage Coke on Littl. fol. 4. b. Is the crop of Hay got in a Meadow called also the Swepe in some parts of England Swoling or Suling of Land Sulinga Solinga vel Swolinga terrae Sax. Sulung from sul vel sulh i. Aratrum as to this day in our Western Parts a Plough is called a Sul and a Plough-staff a Sul-paddle Is the same with Carucata terrae that is as much as one Plough can Till in a year a Hide of Land others say it is Quantitas incerta Dedit ctiam idem inclitus Rex Willielmus Conquestor cidem Ecclesiae de Bello in Cantia Regale Manerium quod vocatur Wy cum omnibus appendiciis suis septem Swolingarum id est Hidarum ex sua Dominica Corona cum omnibus libertatibus regalibus consuetudinibus c. Rentale MS. de Wy tempore Ven. Patr. Tho. Ludlowe Abbatis fol. 1. Terram trium aratrorum quam Cantiani Anglice dicunt Thrée Swolings Carta pervetusta Eccles Cantuar. de qua vide Somneâ—rum in Antiquitat loci pag. 211. Syb and Som Sax. Pax securitas Eallum Cristenum Mannum syb som gemene id est Omnibus Christianis Pax securitas communis esto LL. Eccles Canuti Regis cap. 17. Sylva Caedua Lat. Wood under Twenty years growth Coppice-wood See the Stat. 45 Edw. 3. cap. 3. It is otherwise called Subbois 2 Inst fol. 642. Synod Synodus A Meeting or Assembly of Ecclesiastical Persons for the Cause of Religion of which there are four kindes 1. A General Occumenical or Universal Synod or Council where Bishops c. of all Nations meet 2. National Synod where those of one onely Nation meet 3. A Provincial Synod where Ecclesiastical Persons of one onely Province meet 4. Diocesan Synod where those of but one Diocess meet See Convocation Which is the same thing with a Synod this being a Greek that a Latin word Synodal Synodale Is a Cense or Tribute in Money paid to the Bishop or Arch-deacon by the Inferior Clergy at Easter Visitation and it is called Synodale or Synodaticum Quia in Synodo frequentius dabatur The Impropriation of Derehurt in Com. Gloc. pays yearly vii s. ix d. Pro Synodalibus Procurationibus Pat. 20 July 34 Hen. 8. Et quod sint quieti a Synodalibus ab omni Episcopali consuetudine excepto denario Beati Petri. Mon. Angl. 2 Par. fol. 276. b. See Historical Discourse of Procurations and Synodals pag. 66. 98. These are called otherwise Synodies in the Statute of 34 Hen. 8. cap. 16. Yet in the Statute of 25 Hen. 8. cap. 19. Synodals Provincial seem to signifie the Canons or Constitutions of a Provincial Synod And sometimes Synodale is used for the Synod it self T. T. Every Person convict of any other Felony save Murder and admitted to the benefit of his Clergy shall be marked with a T. upon the Brawn of the Left Thumb Anno 4 Hen. 7. cap. 13. Tabellion Tabellio A Notary Publick or Serivener allowed by Authority to Engross and Register private Contracts and Obligations His Office in some Countreys did formerly differ from that of Notary but now they are grown or made one Quoniam Tabellionum usus in Regno Angliae non habetur propter quod magis ad Sigilla authentica credi est necesse ut eorum copia facilius habeatur statuimus ut Sigillum habeant non solum Archiepiscopi Episcopi sed eorum Officiales Matth. Paris fol. 454. de Anno 1236. Tabling of Fines Is the making a Table for every County where His Majesties Writ runs containing the Contents of every Fine passed in any one Term as the name of the County Towns and places wherein the Lands or Tenements lie the name of the Demandant and Deforceant and of every Mannor named in the Fine This is properly to be done by the Chirographer of Fines of the Common Pleas who every day of the next Term after the ingrossing any such Fine does fix every of the said Tables in some open place of the said Court during its sitting And the said Chirographer is to deliver to the Sheriff of every County his Under-Sheriff or Deputy fair written in Parchment a perfect content of the Table so made for that Shire in the Term next before the Assizes or else between the Term and the Assizes to be set up every day of the next Assizes in some open place of the Court where the Justices sit to continue there so long as they shall sit c. If either the Chirographer or Sheriff fail herein he forfeits 5 l. And the Chirographers Fee for every such Tabling is 4 d. Anno 23 Eliz. cap. 3. Tail Fr. Taille i. Sectura Signisies two things grounded upon one reason Plowden Casu Willion fol. 251. First it is used for the Fee which is opposite to Fee-simple by reason it is so minced as it were or pared that it is not in the owners free power to dispose but is by the first giver cut or divided from all others and tied to the issue of the Donee Coke lib. 4. in Proamio And this limitation or Tail is either General or Special Tail General Is that whereby Lands or Tenements are limited to a Man and to the Heirs of his Body begotten and it is General because how many Women soever the Tenant holding by this title shall take to his Wives one after another his issue by them all have a possibility to inherit one after another Tail Special Is that whereby Lands or Tenements are limited to a Man and his Wife and the Heirs of their two bodies begotten because if the Man bury his Wife before issue and take another the issue by his second Wife cannot inherit the Land Also if Land be given to A. and his Wife B. and to their Son C. for ever this is Tail Special See Fee and Littl. lib. 1. cap. 2. and New Book of Entries â—erbo Tail Tail in the other signification is that we vulgarly call a Talley For Une
Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord Mâ—sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in fee-Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after Easter-day and ends the Munday next after Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur câ—rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery
signifies a Forfeiture or an Amerciament and is much transformed in the writing since more probably it should be Mishersing Mishering or Miskering according to the Learned Spelman It seems by some Authors to signifie a Freedom or Liberty because he that has this word in any Charter or Grant has not onely the Forfeitures and Amerciaments of all others for transgressions within his Fee but also is himself free from all such control by any within that compass Abjuration abjuratio a forswearing or renouncing by Oath a sworn banishment or an Oath taken to forsake the Realm for ever For as Stamford Pl. Cor. lib. 2. cap. 40. saith The devotion towards the Church first in Edward the Confessors time and afterward till 22 Hen. 8. was so zealous That if a man having committed Felony could recover a Church or Churchyard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their coming or to the Coroner and before them or him give his oath finally to forsake the Realm The form and effect whereof you may read in De Officis Coronatorum and in Horns Mirror of Justices lib. 1. cap. Del Office de Coroner Quando aliquis abjuravit regnum Cruoc ei liberata fuit in manu sua portanda in itinere suo per semitas regias vocabitur vexillum sanctae Ecclesiae Essex Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary wherein upon abjuration of his liberty and free habitations he would chuse to spend hs life as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That hereafter no Sanctuary or Priviledge of Sanctuary shall be allowed and consequently Abjuration is taken away 2 Instit fol. 629. See Sanctuary Abolition Anno 25 Hen. 8. cap. 21. A destroying or putting out of memory Institutae actionis peremptio The leave given by the King or Judges to a criminal accuser to desist from further prosecution Abridge from the Fr. Abreger to make shorter in words holding still the whole substance But in Law it seems to signifie for the most part the making a Declaration or Count shorter by substracting or severing some of its substance For example a Man is said to abridge his Plaint in an Assize or a Woman her Demand in an Action of Dower that hath put into the Plaint or Demand any Land not in the Tenure of the Tenant or Defendant and if the Tenant pleads Non-tenure or such-like Plea to parcel of the Land demanded in Abatement of the Writ the Demandant may abridge his Plaint or Demand to that patcel that is he may leave out that part and pray the Tenant may answer the rest to which he has not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but they run in general And though the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Brook tit Abridgment An. 21 H. 8. cap. 3. Abridgment of a Plaint See Abridge Abrogate abrogo to disannul take away or repeal as to abrogate a Law i. To lay aside or repeal it Anno 5 6 Edw. 6. cap. 3. See Prorogue Absentees or des Absentees was a Parliament so called held at Dublin 10 May 28 H. 8. And mentioned in Letters Patent Dat. 29 H. 8. See Cokes 4 Inst fol. 354. Abuttals See Abbuttals Accedas ad Curiam Lat. is a Writ that lies for him who has received false Judgment or fears partiality in a Court Baron or Hundred Court being directed to the Sheriff as appears by Dyer fol. 169. numb 20. As the Writ De falso judicio lies for him that has received such Judgment in the County Court the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register fol. 9. b. where it is said this Writ lies for Justice delayed as well as falsly given and that it is a Species of the Writ Recordare Accedas ad Uicecomitem is a Writ directed to the Coroner commanding him to deliver a Writ to the Sheriff who having a Pone delivered him doth suppress it Reg. of Writs fol. 83. Acceptance acceptatio is a taking in good part and a tacite kinde of agreeing to some former Act done by another which might have been undone or avoided if such Acceptance had not been For example if Baron and Feme seized of Land in right of the Feme make a joynt Lease or Feoffment by Deed reserving Rent the Baron dies the Feme accepts or receives the Rent By this the Feoffment or Lease is made good and shall bar her to bring the Writ Cui in vita Coke on Littl. fol. 211. b. Accessory or Accessary particeps criminis most commonly signifies one that is guilty of a felonious offence not principally but by participation as by command advice or concealment and is of two sorts 1. Before the offence or fact is he that commands or procures another to commit Felony and is not himself present but if he be then he is also a Principal 2. After the offence is he that receives assists or comforts any man that has done any Murder or Felony whereof he hath knowledge He who counsels or commands any evil shall be judged accessary to all that follows upon it but not to another distinct thing As I command one to beat another and he beats him so that the other dies of it I shall be accessary to this murder But if I command one to steal a White Horse and he steals a Black one or to burn such a House which he well knows and he burns another I shall not be accessary If I command one to kill I. S. in the Field and he kills him in the City or Church or to kill him at such a day and he kill him on another I shall be accessary nothwithstanding For the killing is the substance and the day place or weapon is but circumstance But if I command one to kill I. S. and before he hath killed him I come and say I am penitent for my malice and charge him not to kill him and yet he kills him I shall not be accessary Where the Principal is pardoned or hath his Clergy the Accessary cannot be arraigned there being a Maxim in the Law Ubi non est principalis non potest esse accessorius For it appears not by the Judgment of Law that he was Principal but if the Principal after Attainder be pardoned or hath his Clergy allowed him there the Accessary shall be arraigned See Sir Edward Cokes 2 Part Institutes fol. 183. In the lowest and highest offences there are no Accessaries but all are Principals as in Riots forcible Entries and other transgressions Vi armis which are the lowest offences So in the highest offence which is crimen laesae Majestatis there are no Accessaries but in Felony there are
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither 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 See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
from the Fr. Merci i. misericordia signifies the pecuntary punishment of an offender against the King or other Lord in his Court that is found to be in misericordia i. to have offended and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines These as they are taken for punishments are punishments certain which grow expresly from some Statute but Amerciaments are arbitrably imposed by Affeerors See Kitchin fol. 78. and 214. Manwood in his first part of Forest Laws pag. 166. makes another difference as if an Amerciament were a more easie or merciful penalty and a Fine more sharp and grievous Take his words If the Pledges for such a Trespass appear by common Summons and not the Defendant himself then the Pledges shall be imprisoned for the Defendants default But otherwise it is if the Defendant himself appear and be ready in Court before the Lord Justice in Eyre to receive his Judgment and to pay his Fine But if such Pledges make default they shall be Amerced but not Fined The Author of the New Terms of Law saith That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done for which he puts himself upon the mercy of the Lord Who also mentions an Amerciament Royal and defines it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the King by Justices for some offence Ratcliff Baron of the Exchequer 2 Hen. 7. fol. 7. See Misericordia Amortization amortizatio Fr. amortissement Est praediorum translatio in manum mortuam quod tamen sine venia Principis non fiat Jus amortizationis est privilegium seu licentia capiendi in manum mortuam In the Statute De libertatibus perquirendis Anno 27 Edw. 1. the word Amortisement is used See Mortmain Amortize from the Fr. amortir Is to Alien Lands or Tenements to any Corporation Guild or Fraternity and their Successors which cannot be done without Licence of the King and the Lord of the Mannor Anno 15 Rich. 2. cap. 5. See Mortmain and the Statute of Amortizing Lands made tempore Edw. 1. Amoveas manum See Ouster le Main An jour Waste Annus Dies Vastum Look Year Day and Waste Ancorage ancoragium A duty taken of Ships for the Pool of the Haven where they cast Anchor M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port without paying therefore to the Kings Officers appointed by Patent Ancestor antecessor Is well known but we make this difference betwixt that and Predecessor the first is applied to a natural person as I. S. Antecessores sui the other to a Body Politick or Corporate Episcopus Winton Predecessores sui Coke on Littl. Lib. 2. cap. 4. Sect. 103. Ancestrel As Homage Ancestrel i. Homage that hath been done or performed by ones Ancestors See Homage Ancient Fr. ancien In Greys-Inn the Society consists of Benchers Ancients Barrasters and Students under the Bar where the Ancients are of the more Ancient Barrasters In the Inns of Chancery there are onely Ancients and Students or Clerks and among the Ancients one is yearly the Principal or Treasurer In the Middle-Temple Ancients are such as are past their Reading and never read Ancient demean or demain vetus Patrimonium Domini Is a certain Tenure whereby all the Mannors belonging to the Crown in the days of Saint Edward or William the Conqueror were held The number and names of which Mannors as of all other belonging to common persons after a Survey made of them he caused to be written in a Book now remaining in the Exchequer and called Dooms-day And those which by that Book appear to have at that time belonged to the Crown and are contained under the Title Terra Regis are called Ancient Demesn Kitchin fol. 98. Of these Tenants there were two sorts one that held their Land frankly by Charter the other by Copy of Court-Roll or by Verge at the Will of the Lord according to the Custom of the Mannor Britton cap. 66. numb 8. The benefit of this Tenure consists in these Points 1. The Tenants holding by Charter cannot be impleaded out of their Mannor or if they be they may abate the Writ by Pleading their Tenure before or after answer made 2. They are free of Toll for all things concerning their Sustenance and Husbandry 3. They may not be empannelled upon any Enquest See more in Fitz. Nat. Br. fol. 14. d. fol. 228 c. By whom it appears these Tenants held originally by Ploughing the Kings Land plashing his Hedges or such like towards the maintenance of his Houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have Writs to such as take the Duties of Toll as likewise for Immunity of Portage Passage or such like No Lands ought to be accounted Ancient Demesn but such as are held in Soccage See Monstraverunt and Demain Ancienty Fr. anciennete i. ancientnes In the Statute of Ireland 14 Hen. 3. is used for Eldership or Seniority As The Eldest Sister can demand no more then her other Sisters but the chief Mease by reason of her Ancienty Andena A swath in Mowing See Dole Annats annates Are all one with First-fruits Anno 25 Hen. 8. cap. 20. The reason is because the rate of First-fruits paid of Spiritual Livings is after one years profit Annates more suo appellant primos fructus unius anni sacerdotii vacantis aut dimidiam eorum partem says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note Annates Primitiae and First-fruits are all one Cokes 12. Rep. fol. 45. See First-fruits Anniented from the Fr. aneantir i. To make void signifies as much as frustrated or brought to nothing Littleton lib. 3. cap. Warranty Anniversary days dies anniversarii Were of old those days wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church or the days whereon at every years end Men were wont to pray for the Souls of their deceased Friends according to the continued custom of Roman Catholicks mentioned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons as you may see in Lib. Rames Sect. 134. Annua pensione Is a Writ now difused whereby the King having an Annual Pension due to Him from an Abbor or Prior for any of His Chaplains whom He should think good to nominate being as yet unprovided of suffiliving demands the same of the said Abbot or Prior and also wills him for His Chaplains better assurance to give him His Letters Patent for the same Register of Writs fol. 265 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this in respect of their Foundation or Creation Anno Domini Is the computation of time from the
ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy Attainder attincta and attinctura Is when a Man hath committed Treason or Felony and after Conviction Judgment hath passed upon him The Children of a person Attainted of Treason cannot be Heirs to him or any other Ancestor And if he were noble and gentle before he and his posterity are made base and ignoble This corruption of Blood cannot be salved but by Act of Parliament See Attainted and Felony Attendant attendens Signifies one that ows a duty or service to another or depends on him For example there is Lord Mesn and Tenant the Tenant holds of the Mesn by a penny the Mesn holds over by two pence The Mesn releases to the Tenant all the right he hath in the Land and the Tenant dies his Wife shall be endowed of the Land and she shall be Attendant to the Heir of the third part of the penny and not of the third part of the two pence For she shall be endowed of the best Possession of her Husband And where the Wife is endowed by the Guardian she shall be Attendant to the Guardian and to the Heir at his full age Kitchin fol. 209. With whom agrees Perkins in Dower 424. Attermining Also such as will purchase attermining of their Debts shall be sent into the Exchequer Ordinatio de libertatibus perquirendis Anno 27 Edw. 1. It comes from the Fr. Attermoye i. That hath a term or time granted for the payment of a debt So in this Statute it seems to signifie the Purchasing or gaining a longer time for payment of a debt Atterminent quaerentes usque in proximum Parliamentum Westm 2. cap. 24. Atturney atturnatus Is he that is appointed by another Man to do any thing in his stead as much as Procurator or Syndicus in the Civil Law West defines them thus Atturneys are such persons as by the Consent Commandment or Request of others see to and take upon them the charge of their business part 1. Symbol lib. 2. sect 559. In ancient time those of Authority in Courts had it in their power whether to suffer men to appear or sue by another then themselves as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attornato faciendo where it is shewed That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them but it is since provided by Statutes that it should be lawful so to do without any such circuit as appears by 20 Hen. 3. cap. 10. 6 Edw. 1. c. 8. 27 ejusdem Stat. 2. 12 Edw. 2. cap. 1. 15 ejusdem cap. unico 7 Rich. 2. cap. 14. 7 Hen. 4. cap. 13. 3 Hen. 5. cap. 2. 15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register wherein the King by his Writ commands the Judges to admit of Atturneys whereby there grew at last so many unskilful Atturneys and so many mischiefs by them that for restraining them it was enacted 4 Hen. 4. cap. 18. that the Justices should examine them and displace the unskilful And again 33 Hen. 6. cap. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a Man at this day may have an Atturney and in what not see Fitz. ubi supra Atturney is either general or special Atturney General is he who by general Authority is appointed to manage all our Affairs or Suits As the Atturney General of the King which is as much as Procurator Caesaris was in the Roman Empire Atturney General of the Duke Cromp. Juris fol. 105. Atturney Special or Particular is he that is employed in one or more causes particularly specified of whom you may read more at large in Glanvile lib. 11. cap. 1. and Britton cap. 126. There are also in respect of the divers Courts Atturneys at large and Atturneys special belonging to this or that Court onely The name is borrowed of the Normans as appears by the Customary cap. 65. Our old Latin word for it seems to be Responsalis Bracton lib. 4. cap. 31. Atturney of the Court of the Dutchy of Lancaster Atturnatus Curiae Ducatus Lancastriae Is the second Officer in that Court and seems for his skill in Law to be there placed as Assessor to the Chancellor of that Court being for the most part some Honorable Person and chosen rather for some especial trust reposed in him to deal between the King and his Tenants than for any great Learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment from the Fr. Tourner i. vertere Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life and he in Reversion grants his right to another it is necessary the Tenant for Life agree thereto which is called Attornment without which nothing passeth by the grant But if the Grant be by Fine in Court of Record he shall be compelled to Attourn Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these I agree me to the Grant made to you or more commonly Sir I attourn to you by force of the same Grant or I become your Tenant or deliver to the Grantee a penny by way of Attournment Littl. lib. 3. cap. Attournment where you may finde divers other Cases whereto Attournment appertains and that it is the transposing those duties which the Tenant owed his former Lord to another as his Lord. Attournment is either by word or by act voluntary or compulsory by the Writ Per quae servitia Old Nat. Br. fol. 155. or sometimes by Distress Fitz. Nat. Br. fol. 147. It may be made to the Lord himself or to his Steward in Court Kitchin fol. 70. There is Attournment in Deed and Attournment in Law Coke vol. 6. fol. 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law it is of equal force Coke on Littl. fol. 309. Atturnato faciendo vel recipiendo Is a Writ which a Man owing sute to a County Hundred or other Court and desiring to make an Atturney to appear for him there whom he doubts the Sheriff or Steward will not otherwise admit purchaseth to command him to receive such a Man for his Atturney and admit his appearance by him The form and other Circumstances whereof See in Fitz. Nat. Br. fol. 156. Avage or Avisage Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex upon St. Leonards day 6 Novemb. pays to the Lord viz. for every Pig under a year old ob for every yearling Pig 1 d and for every Hog above a year old 2 d for the priviledge of Pawnage in the Lords Woods Tob. Edmonds Gen. Senescal ibidem Audience Court Curia Audientiae Cantuariensis Is a Court belonging to the
hac prâ—senti Carta nostra confirmasse Baronibus nostris de Civitate nostra London quod elegant sibi Mayer de seipsis singulis annis c. See Spelmans Gloss at large upon this word Baronet Baronettus Is a dignity or degree of Honor which hath precedency before all Banerets Knights of the Bath and Knights-Batchelors except such Banerets as are made Sub vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter prâ—sente This Order of Baronets King James created in the year 1611. with such precedency as abovesaid and other priviledges c. as may appear in Rot. Fat 10 Jac. part 10. m. 8. 14 Jac. par 2. m. 24. with an Habendum sibi Haeredibus masculis c. See Baneret Where Baronets are mentioned in our old Statutes and ancient Authors it is mistaken for Banerets 2 Inst fol. 667. And Seldens Titles of Honor fol. 736. Barony Baronia Is the Dignity Territory and Fee of a Baron under which notion are comprehended not onely the Fees and Lands of Temporal Barons but of Bishops also who have two estates one as they are Spiritual Men by reason of their Spiritual Revenues and Promotions as was the Tribe of Levi among the Israelites The other grew from the bounty of our English Kings whereby they have Baronies and Lands so called and are thereby Barons or Lords of Parliament This Barony as Bracton says Lib. 2. cap. 34. Is a right indivisible and therefore if an Inheritance be to be divided among Coparceners though some capital Messuages may be divided yet Si capitale Messuagium sit caput Comitatus vel caput Baroniae they may not be parcelled The reason is Ne sic caput per plures particulas dividatur plura jura Comitatuum Baroniarium deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum The Mannor of Burford in the County of Salop was found by Inquisition capt 40 Edw. 3. Teneri de Rege ad inveniâ—ndos 5 homines pro Exâ—rcitu Walliae per servitium Baroniae and the Lord thereof Sir Gilbert Cornwal is called Baron of Burford but is no Baron of Parliament Barrator or Barater Fr. Barateur i a Deceiver Is a common mover or maintainer of Suits Quarrels or Parts either in Courts or elswhere in the Country and is himself never quiet but at variance with one or other Qui cum Terentiano Davo omnia perturbat To this purpose read Lamb. Eiren. pag. 342. who says also That Barrettor for so he writes it may come from the Latin Baratro or Balatro a vile Knave or 〈…〉 hrift and by a Metaphor a Spot in a Commonwealth See the Statute of Champerty 33 Edw. 1. Stat. 2. and Westm 1. cap. 32. Skene in the word Barratry says That Barrators are Symonists so called of the Italian word Barrataria signifying Corruption or Bribery in a Judge giving a false sentence for Money whom you may read more at large as also Hortensius Cavalcanus in his Tract de Brachio Regio parte 5. num 66. Barraster Barrasterius Repagularis Causidicus See Utter-Barraster Barre Fr. Barriere or Barre Signifies legally a destruction for ever or taking away for a time the action of him that hath right and it is called a Plea in Bar when such a Bar is pleaded Coke on Littl. fol. 372. Plowden in Colthirsts Case fol. 26 28. And Brook tit Barre num 101. and 5 Hen. 7. fol. 29. This word is also used for a Material Bar as the place where Serjeants at Law or Counsellors stand to plead Causes in Court or Prisoners to answer their Indictments whence our Lawyers who are called to the Bar or Licensed to plead in other Countreys called Licenciati are termed Barrasters 24 Hen. 8. cap. 24. See Blank-bar Bar Fee Is a Fee of xx d which every Prisoner acquitted of Felony pays to the Goaler Crompt Just of Peace fol. 158. Barrel Is a Measure of Wine Oyl c. containing the eighth part of a Tun the â—ourth of a Pipe and the moyety of a Hogshead that is Thirty one Gallons and a half Anno 1 Rich. 3. cap. 13. But the quantity of this Vessel seems to differ according to the Liquor for a Barrel of Beer contains Thirty six Gallons the Kilderkin Eighteen and the Firkin Nine A Barrel of Ale Thirty two Gallons the Kilderkin Sixteen and the Firkin Eight Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23. The said Assise of 32 Gallons of Wine-measure which is about 28 Gallons of old Standard well packed and containing in every Barrel usually a thousand full Herrings at least is and shall be taken for good true and lawful Assise of â—erring Barrels Anno 13 Eliz. cap. 11. Barriers Fr. Barrieres Signifies with us that which the French call Jeu de Barres i. Palaestram A Martial Exercise of Men armed and sighting together with short Swords within certain Bars or Rails whereby they are severed from the Beholders now disused Barter from the Span. Baratar i. To sell cheap or to deceive or cheat in Bargaining Signifies with us to exchange one commodity for another to truck Wares for Wares Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner do endeavor for the most part one to over-reach or deceive the other See Barrator Barton In Devonshire and the West of England Is used for the Demesn Lands of a Mannor for the Mannor-house it self and in some places for Out-houses and Fold-yards In the Statute 2 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synonima's See Berton Base Court Fr. Cour Basse Is any Coâ—rt not of Record as the Court Baron Of this read Kitchin fol. 95 96 c. Base Fee See Base Estate Base Estate Fr. Bas Estat Signifies that Estate which Base Tenants have in their Lands Base Tenants are those according to Lamb. verbo Paganus who perform inferior Villanous service to their Lords Kitchin fol. 41. makes Base-tenure and Frank-tenure to be contraries and puts Copiholders in the number of Base Tenants whence it may be gathered that every Base Tenant holds at the will of the Lord yet that there is a difference between a Base Estate and Villenage which Fitzherbert in his Nat. Br. fol. 12. seems to confound For to hold in pure Villenage is to do all that the Lord will command him So that if a Copiholder have but Base Estate he not holding by the performance of every Commandment oâ— his Lord cannot be said to hold in Villenage Whether it may be said That Copiholders are by custom and continuance of time grown out of that extream servitude wherein they were first created I leave to others of better Judgment since Fitâ—â— loco â—itato says Tenure by Copy is but of late time Basels Baselli A sort of Coyn alâ—olished
made in the Reigns of Henry the Third Edward the First or Second but uncertain which set down in Poulton fol. 110. cap. 4. 9. Toll shall be taken by the Rase and not by the Heap or Cantel which seems to signifie the same we now call the Lump as to buy by Measure or by the Lump Cantred or rather Cantref Cantredus Signifies an Hundred Villages being a British word compounded of the Adjective Cant i. An Hundred and Tref a Town or Village In Wales the Counties are divided into Cantreds as in England into Hundreds The word is used Anno 28 Hen. 8. cap 3. Capacity capacitas An aptness to contain or receive Our Law allows the King two Capacities A Natural and a Politick In the first He may purchase Lands to Him and His Heirs in the later to Him and His Successors And a Parson hath the like Cape of Good Hope Cabo de bon ' speranza A Promontory or Elbow of Land that lies in Cafraria a Province of Aethiopia Inferior and was first discovered by the Portugals under the command of Bartholomew Diaz Helyns Cosmog fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18. Cape Lat. Is a Writ Judicial touching Plea of Land or Tenements so termed as most Writs are of that word which carries the especial est intention or end of it And this Writ is divided into Cape Magnum and Cape Parvum Both which as is before said in Attachment take hold of things immoveable and seem to differ in these points First Because Cape Magnum or the Grand Cape lies before appearance and Cape Parvum afterward Secondly The Cape Magnum summons the Tenant to answer to the Default and over to the Demandant Cape Parvum Summons the Tenant to answer to the Default onely and therefore is called Cape Parvum or Petit Cape Old Nat. Br. fol. 161 162. Yet Ingham saith it is called Petit Cape not because it is of small force but that it consists of few words Cape Magnum in the Old Nat. Br. is thus defined Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land and the Tenant makes default at the day to him given in the Original Writ then this Writ shall go for the King to take the Land into His hands and if the Tenant come not at the day given him thereby he loseth his Land c. A Form of this Writ you may see in the Reg. Judicial fol. 1. b. Of this Writ and the Explication of its true force and effect read Bracton lib 3. tract 3. cap. 1. num 4 5 6. Cape Parvum or Petit Cape in Old Nat. Br. fol. 162. Is thus defined Where the Tenant is summoned in Plea of Land and comes at the Summons and his appearance is of Record and at the day given him prays the View and having it granted makes default then shall Issue this Writ for the King c. The difference betwixt the Grand Cape and Petit Cape which in effect or consequence are alike is that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions where the Original Writ does not mention the parcels or particulars demanded And the Petit Cape after Apparence or View granted It s Form see in Reg. Jud. fol. 2. and Fleta lib. 6. cap. 44. Cape ad Valentiam Is a Species of Cape Magnum so called of the end whereto it tends and in Old Nat. Br. fol. 161. thus described Where I am impleaded of Lands and I vouch to warrant another against whom the Summons Ad Warrantizandum hath been Awarded and the Sheriff comes not at the day given then if the Demandant recover against me I shall have this Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee if he hath so much if not then I shall have execution of such Lands and Tenements as descend to him in Fee or if he purchase afterwards I shall have against him a Resummons and if he can say nothing I shall recover the value This Writ lies before Apparence Of these and their divers uses see the Table of the Reg. Judicial verbo Cape Capias is a Writ of two sorts one before Judgment called Capias ad Respondendum where the Sheriff upon Original or other Writ in a Personal Action returns Nihil habet in Baliva nostra The other is a Writ of Execution after Judgment being also of divers kindes as Capias ad Satisfaciendum Capias pro Fine Capias Utlagatum after Judgment c. Capias ad Satisfaciendum Is a Writ of Execution after Judgment lying where a Man recovers in an Action Personal as for Debt Damages Detinue c. in the Kings Court In which case this Writ Issues to the Sheriff commanding him to take the body of him against whom the Debt is recovered who shall be put in prison till he make satisfaction Capias pro Fine Is where one being by Judgment fined to the King upon some offence committed against a Statute does not discharge it according to the Judgment By this therefore is his body to be taken and committed to prison until he pay the Fine Coke lib. 3. fol. 12. Or where upon a Non est factum pleaded his Plea is by evidence or his own after-acknowledgment not made out or verified and the like Capias Utlagatum Is a Writ which lies against him who is outlawed upon any Action Personal or Criminal by which the Sheriff apprehends the party outlawed for not appearing upon the Exigend and keeps him in safe custody till the day of return and then presents him to the Court there farther to be ordered for his contempt which if in the Common Pleas was in former times to be committed to the Fleet there to remain till he had sued out the Kings Charter of Pardon and appeared to the Action At present in the Kings Bench the Outlary cannot be reversed unless the Defendant appear in person and by a present of Gloves to the Judges implore and obtain their savor to reverse it And in the Common Pleas the Defendant not being an Executor or Administrator is now to give good Bail which he is allow'd to do by Atturny to answer the Action if the Debt or Damage demanded be 20 l. or above and to pay the Plaintiffs charges before the outlary be reversed And by a special Capias Utlagatum in the same Writ the Sheriff is commanded and may seize all the Defendants Lands Goods and Chattels for the contempt to the King and the Plaintiff may after an Inquisition taken thereupon and returned into the Exchequer obtain a Lease of the Lands extended and a grant of the Goods whereby to compel the Defendant to appear which when he shall do and reverse the Utlary are to be restored to him See Old Nat. Br. fol. 154. and Table of Reg. Judic verbo Capias Capias in Withernamium de Averiis
between a Creditor and a Debtor sometimes taken for an indirect gain or booty Lo. Verulam in his Hen. 7. But in our Statutes it is most commonly used for an unlawful Bargain or Contract As 37 Hen. 8. cap. 9. 13 Eliz c. 5. and 8 12 Car. 2. cap. 13. Chevitiae Cheviscâ— Hades at the end of Ploughed Lands Novem acras terrae cum Cheviscis ad ipsas pertinentibus Mon. Angl 2 par fol 116. Chief See Capite Chiefage See Chevage Chief Pledge Plegius vel vas capitalis Anno 20 Hen. 6. cap. 8. See Borowhead Childwit Sax. Signifies a power to take a Fine of a Bond-woman unlawfully begotten with childe Prior habeat Gersumam de Nativa sua impraegnata sine licentia maritandi Ex Registro Priorat de Cokes ord Every reputed Father of a base child gotten within the Mannor of Writtel in Com. Essex pays to the Lord for a Fine 3 s 4 d. Where it seems to extend as well to Free as Bond-women and the Custom is there also called Childwit Chimin Fr. Chemin i. aditus via Signifies a way which is of two sorts The Kings High-way and a private way Kitchin fol. 35. The Kings High-way Chiminus Regius is that in which the Kings Subjects and all others under His Protection have free liberty to pass though the property of the soyl where the way lies may perhaps belong to some private man A Private way is that in which one man or more have liberty to pass either by Prescription or by Charter through another mans ground And this is divided into Chimin in gross and Chimin appendant Kitchin fol. 117. Chimin in gross is that way which a man holds principally and solely in it self Chimin appendant is that which a man hath as appurtenant to some other thing As if he hire a Close of Pasture with Covenant for ingress and regress through some other Ground in which otherwise he might not pass See Coke on Littl. fol. 56. Chiminage Chiminagium Signifies a Toll for Wayfarage through the Forest Cromp. Jurisd fol 189. Telonium quod in Forestis exigebant Forestarii a plaustris equis oneris causâ eò venientibus Charta Forestae cap. 14. Nullus Forestarius de caetero qui non sit Forestarius de feodo reddens nobis firmam pro baliva sua capiat Chiminagium aliquod in Baliva sua c. The Feadists call it Pedagium This in Poulton fol. 8. is falsly Printed Chimmage and in a Record in the Tower I finde Chimage Chimney Money Otherwise called Hearth-Money By Statute 14 Car. 2. cap. 12. Every Fire-Hearth and Stove of every Dwelling and other House within England and Wales except such as pay not to Church and poor shall be chargeable with Two shillings per annum parable at Michaelmas and Lady-day to the King His Heirs c. Which payment is vuâ—garâ—y called Chimney-Money See Smoak-Silver and Fuage Chirgemot Circgemot or Chirch gemot Sax Forum Ecclesiasticum Quosque Chirgemot Discordantes inveniet vel amore congreget vel sequestret judicio LL. Hen. 1. cap 8. and 4 Inst fol. 321. Chirographer of Fines Chirographus Finium Concordarum of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A writing of a Man 's own hand whereby he acknowledges a debt to another Signifies that Officer in the Common-Pleas who ingrosseth Fines in that Court acknowledged into a Perpetual Record after they are examined and fully passed by other Officers and that writes and delivers the Indentures of them to the Party Anno 2 Hen. 3. cap. 8. 2 Hen. 4. 8. and Fitz. Nat. Br. fol. 147. A. This Officer makes two Indentures one for the Buyer another for the Seller and makes one other indented piece containing also the effect of the Fine which he delivers to the Custos Brevium which is called the Foot of the Fine The Chirographer also or his Deputy proclaims all the Fines in the Court every Term according to the Statute and endorseth the Proclamations upon the backside of the Foot thereof and always keeps the Writ of Covenant and the Note of the Fine See Tabling of Fines Anno 23 Eliz. cap. 3. and 2 Part. Inst fol. 468. Chivage See Chevage Chivalry Servitium Militare Comes from the Fr. Chivalier i. eques and signifies a Tenure of Land by Knights-service whereby the Tenant was bound to perform a Service in War unto the King or the Mesn Lord of whom he held by that Tenure The further explication of which Tenure and the several Branches of it may be omitted since by Stat. 12 Car. 2. cap. 24. All Tenures by Knights-service of the King or of any other person Knight-service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof hapned or which shall or may happen or arise thereupon or thereby are taken away and discharged And all Tenures of Houses Mannors Lands c. shall be construed and adjudged for ever to be turned into Frée and Common Soccage c. Choral Choralis may relate to any person that by vertue of any of the Orders of the Clergy was in ancient time admitted to sit and serve God in the Quire in Latin Chorus Accordingly Mr. Dugdale in his History of S. Pauls Church pag. 172. says There were anciently Six Vicars Choral belonging to that Church Chose Fr. Thing It is used with divers Epithetes as Chose Local is such a thing as is annexed to a place For example a Mill is Chose Local Chose Transitory seems to be that thing which is moveable and may be taken away or carried from place to place Kitchin fol. 18 Chose in Actin is a thing incorporeal and onely a right as an Annuity Obligation for Debt a Covenant Voucher by Warranty and generally all Causes of Suit for any Debt or Duty Trespass or Wrong are to be accounted Choses in Action And it seems Chose in Action may be also called Chose in Suspence because it hath no real existence or being nor can properly be said to be in our possession Broke tit Chose in Action Chop-chirch Ecclesiarum permutatio Is a word used 9 Hen. 6. 65. a. By the sence of which Book it was in those days a kinde of Trade For the Judges say It was a lawful Occupation and a good Addition yet Brook in his Abridgment calls it not an Occupation but a thing permissible by Law It was without doubt a nick-name given to those that used to change Benefices For to chop and change is an usual expression to this day I have also read Church-Chopper for him that used to make such changes Alii vero quorundam satorum zizaniae subversorum Justiciae inauditae abusionis inventorum ut illis verbis utamur Choppe-Churches communiter appellati mediatione dolosa interveniente execrabili ardore avaritiae quandoque in subdolis permutationibus hos nimia inaequalitate Beneficiorum ac illos quandoque optentis beneficiis fucatis coloribus totaliter destituunt defraudant in tantum quod ex
Action Continual Claim Is a Claim made from time to time within every year and day to Land or other thing which in some respect we cannot attain without danger As if I be disseised of Land into which though I have a right I dare not enter for fear of beating it behoves me to hold on my right of Entry at my best opportunity by approaching as neer it as I can once every year as long as I live and so I save the right of Entry to my Heir See more in Littleton verbo Continual Claim and the New Book of Entries ibidem And Fleta lib. 6. cap. 53. Continuando Is a word used in a special Declaration of Trespass when the Plaintiff would recover damages for several Trespasses in the same Action For to avoid multiplicity of Sutes a Man may in one Action of Trespass recover damages for forty or more Trespasses laying the first to be done with a Continuance to the whole time in which the rest of the Trespasses were done and is in this Form Continuando transgressionem praedictam c. 〈◊〉 praedictâ— die c. Usque such another day including the last Trespass Contours See Countors Contrabanded Goods from contra and the Ital. Bando an Edict or Proclamation Are those which are prohibited by Act of Parliament or Proclamation to be imported into are exported out of this or other Nations Contract Contractus Is a Covenant or Agreement between two with a lawful Consideration or Cause West pa. 1. Symb. lib. 1. sect 10. As if I sell my Horse for Money or Covenant in consideration of 20 l. to make you a Lease of a Farm these are good Contracts because there is Quid pro quo Usurious Contract Is a Contract to pay more interest for any Money then the Laws and Statutes of this Realm allow It is a Devastavit in an Executor to pay a Debt upon an Usurious Contract Noys Reports fol. 129. Contrafaction Contrafactio A Counterfeiting As Contrafactio sigilli Regis Contra formam Collationiâ— Was a Writ that â—ay against an Abbot or his Successor for him or his heir who had given Land to an Abbey for certain good uses and found a Feofment made thereof by the Abbot with assent of the Tenants to the Disâ—â—herison of the House and Church This was founded on the Statute of Westm 2. cap. 41. See Reg. of Writs fol. 238. and Fitz. Nat. Br. fol. 210. Contra formam Feoffamenti Is a Writ that lies for the Heir of a Tenant enseoffed of certain Lands or Tenements by Charter of Feoffinent of a Lord to make certain Services and Sutes to his Court and is afterward distrained for more then is contained in the said Charter Reg. of Writs fol. 176. Old Nat. Br. fol. 162. Contributione facienda Is a Writ that lies where more are bound to one thing and one is put to the whole burden Fitzh Nat. Br. fol. 162. brings these examples If Tenants in Common or Joynt hold a Mill Pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute towards its reparation the rest shall have this Writ to compel them And if there be three Coparceners of Land that ow sute to the Lords Court and the eldest performs the whole then may she have this Writ to compel the refuser to a Contribution Old Nat. Br. fol. 103. frames this Writ to a Case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by Distress as intirely as if all were still in one See Reg. of Writs fol. 176. Controller Fr. Contrerolleur We have divers Officers of this name as Controller of the Kings House Anno 6 Hen. 4. cap. 3. Controller of the Navy 35 Eliz. cap. 4. Controller of the Custom Cromp. Jurisd fol. 105. Controller of Calis 21 Rich. 2. cap. 18. Controller of the Mint 2 Hen. 6. cap. 12. Controller of the Haâ—per Is an Officer in the Chancery attending the Lord Chancellor daily in the Term time and upon Seal days Hia Office is to take all things sealed from the Clerk of the Hanaper inclosed in Bagâ— of Leather and to note the just number and effect of all things so received and enter the same in a Book with all the duties appertaining to His Majesty and other Officers for the same and so charges the Clerk of the Hanaper with it Controller of the Pipe Is an Officer of the Exchequer who writes out Summons twice every year to the Sheriffs to levy the Farms and Debts of the Pipe and keeps a Controlment of the Pipe and was anciently called Duplex Ingrossator Controller of the Pell Is also an Officer of the Exchequer of which sort there are two viz. The two Chamberlains Clerks that do or should keep a Controlment of the Pell of receipts and goings out This Officer was originally one who took notes of any other Officers accounts or receipts to the intent to discover him if he dealt amiss and was ordained for the Princes better security for proof whereof read Fleta lib. 1. cap. 18. And the Stat. 12 Edw. 3. cap. 3. Controvor Fr. Controuveur He that of his own head devises or invents false bruits or feigned news 2 Inst fol. 227. Convenable Fr. Agreeable suitable convenient or fitting Anno 27 Edw. 3. Stat. 2. cap. 21. and 2 Hen. 6. cap. 2. See Covenable Conventicle Conventiculum A little private Assembly or Meeting for exercise of Religion first attributed in disgrace to the Schools of Wickcliff in this Nation above 200 years since and now applied to the Illegal Meetings of the Non-conformists and is mentioned in the Stat. 1 Hen. 6. cap. 3. and 16 Car. 2. cap. 4. Conventio Is a word much used both in Ancient and Modern Law-pleadings for an Agreement or Covenant For example take this pleasant Record Ex libro Rotulorum Curiae Manerii de Hatfield juxta Insulam de Axholme in Com. Ebor. Curia tenta apud Hatfield die Mercurii Prox o post Festum Anno xio. Edw. 3 tii RObertus de Roderham qui optulit se versus Johannem de Ithen de eo quod non teneat Conventionem inter eos factam unde queritur quòd certo dio anno apud Thorne conveniâ— inter praedictum Robertum Johannem quod praedictus Johannes vendidit praedictâ— Roberto Diabolum ligatum in quodam ligamine pro iiid. ob super praedictus Robertus tradidit praedicto Johanni quoddam obolum-earles i. earnest-money per quod proprietas dicti Diaboli commoratur in persona dicti Roberti ad habendam deliberationem dicti Diaboli infra quartam diem prox ' sequent Ad quam diem idem Robertus venit ad praefatum Johannem petit deliberationem dicti Diaboli sâ—â—undum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti
lx fol. Et inde producit sectam c. praedictus Johannes venit c. Et non dedicit Conventionem praedictam Et quia videtur Curiae quod tale placitum non jacet inter Christianos Ideo partes praedicti adjournantur usque in infernum ad audiendum judicium suum utraque paâ—s in misericordia c. Conventione Is a Writ that lies for the breach of any Covenant in writing Reg. of Writs fol. 185. Old Nat. Br. fol. 101. Fitz. Nat. Br. fol. 145. calls it a Writ of Covenant who divides Covenants into personal and real making a discourse of both as also how this Writ lies for both Conventuals Are those Religious Men who are united together in a Convent or Religious House See Frier Observant Conventual Church See Parish Convict Convictus Is he that is found guilty of an Oâ—fence by Verdict of a Jury Stamf. Pl. Cor. fol. 186. yet Crompton out of Judge Dyers Commentaries 275 saith That Conviction is either when a Man is outlawed or appears and confesseth or else is found guilty by the Inquest Cromp. Jusâ— of Peace fol. 9. Conviction and Attainder are often confounded See Attaint and Attainted A Convict Recusant Is one that hath been legally presented indicted and convicâ— for refusing to come to Church to hear the Common-Prayer according to the Statutes 1 Eliz. 2. 23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants though any others that refuse to come to Church for the purpose aforesaid may as properly be called Recusants See Juâ—y Convocation Convocatio Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament And as there are Two Houses of Parliament so are there Two Houses of Convocation 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 Anno. 25 Hen. 8. cap. 19. See Proloâ—utor Conusance See Cognisance Conusant Fr. Cognoissant Knowing understanding apprehending If the son be Conusant and agrees to the Fe 〈…〉 ment c. Coke on Littl. fol. 159. b. Conusor See Cognizor Coopertura A Thicket or Covert of Wood. Carta de Foresta cap. 12. Caâ—â—â—ceners Farticipâ—s Otherwise called Parceners are such as have equal portion in the inheritance of their Ancestor Littleton lib. 3. says Paroenors are either by Law or by Custom Parcenors by Law are the issue Female which in default of Heir-male come in equality to the Lands of their A 〈…〉 Bractoâ— lib. 2. cap. 30. Parceâ—â—rs by Custâ—â— are those who by custom of the Country challenge equal part in such Lands as in Kent by â—â—volkind Of these you may read more at large in Littl. lib. 3. cap. 1. 2. and Brittan cap. 27. The Crown of England is not subject to Coparcinery Anno 25 Hen. 8. cap. 22. Cope Is a Custom or Tribute due to the King or Lord of the Soil out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby of which thus Mr. Manlove in his Treatise of those Liberties and Customs Printed 1653. Egress and Regress to the Kings High-way The Miners have and Lot and Cope they pay The Thirteenth Dish of Oar within their Mine To the Lord for Lot they pay at Measuring time Six pence a Load for Cope the Lord demands And that is paid to the Berghmasters hands c. Copia libelli deliberanda Is a Writ that lies in Case where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefiastical Reg. of Writs fol. 51. Copihold Tenura per Copiam Rotuli Curiae Is a Tenure for which the Tenant hath nothing to shew but the Copy of the Rolls made by the Steward of his Lords Court For as the Steward enrols and makes Remembrances of all other things done in the Lords Court so he does also of such Tenants as are admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant keeps as his onely evidence Coke lib. 4. fol. 25. b. This is called a Base Tenure because it holds at the Will of the Lord. Kitchin fol. 80. cap. Copiholds Fitzh Nat. Br. fol. 12. says It was wont to be called Tenure in Villenage and that Copihold is but a new name and yet it is not simply at the Will of the Lord but according to the Custom of the Mannor So that if a Copiholder break not the Custom of the Mannor and thereby forfeit his Tenure he seems not so much to stand at the Lords curtesie for his right that he may be displaced at his pleasure These Customs are infinite varying in one point or other almost in every several Mannor Copiholders do upon their Admittances pay a Fine to the Lord of the Mannor of whom the Lands are holden which Fines are in some Mannors certain in others incertain Those which are incertain the Lord rates at what Fine he pleaseth but if it exceeds two years value the Courts of Chancery Kings Bench Common Pleas or Exchequer have in their several Jurisdictions power to reduce the Fine unto two years value Copiholds are a kinde of Inheritance and called in many places Customary because the Tenant dying and the hold being void the next of the Blood paying the Customary Fine as Two shillings for an Acre or such like may not be denied his admission Secondly some Copiholders have by Custom the Wood growing upon their own Land which by Law they could not have Thirdly Others hold by the Verge in ancient Demesns and though they hold by Copy yet are they in account a kinde of Freeholder for if such a one commit Felony the King hath Annum diem vastum as in case of Freehold some others hold by Common Tenure called Meer Copihold whose Land upon Felony committed Escheats to the Lord of the Mannor Kitchin fol. 81. Cha. Tenants per Verge in ancient Demesn This is the Land which in the Saxons time was called Folkland West Par. 1. Symbol lib. 2. sect 646. says A Copiholder is he who is admitted Tenant of any Lands or Tenements within a Mannor which time out of minde by the use and custom thereof have been Demisable to such as will take the same by Copy of Court-Roll according to the custom of the said Mannor c. Where you may read more on this subject see Freebench Coram non judice In a Cause whereof they the Judges have not any Jurisdiction and then it is Coram non judice 2 Part. Croke fol. 351. Powels Case Coraage Coraagium Is a kinde of Imposition extraordinary growing upon some unusual occasion and it seems to be of certain Measures of Corn. For Corus tritici is a Measure of Corn. Bracton lib. 2. cap. 116. num 6. Who in the same Chapter num 8. hath these words Sunt etiam quaedam communes praestationes quae
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries If issue be taken whether the Plaintiff or Defendant be a Countee or not This shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd downward in a right-line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Discent springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process The effect of Discontinuance of Possession is this That a Man may not enter upon his own Land or Tenement alienated whatsoever his right be to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict fol. 131. useth it in these words If a Justice Seat be Discontinued by the not coming of the Justices the King may renew the same by His Writ c. In this signification Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
Exchequer c. The manner of their Creation is by Girding them with a Sword Cam. pa. 107. but see the Solemnity described more at large in Stowes Annals pa. 1121. Their place is next to a Marquess and before a Viscount Comitatus a Comite dicitur aut vice versa See more on this Subject in Spelmans Gloss verbo Comites and in Seldens Titles of Honour fol. 676. and see Countee Easement Aisiamentum from the French Aise i. commoditas Is a Service or Convenience which one Neighbour has of another by Charter or Prescription without Profit as a Way through his Ground a Sink or such like Kitchin fol. 105. Whioh in the Civil-Law is called Servitus praedii Praecipias R. quod juste sine dilatione permittat habere H. aisimenta sua in Bosco in pastura de villa illa c. Breve Regium vetus apud Glanvil lib. 12. ca. 14. Eberemurder Sax. ebere-mord Apertum Murdrum Was one of those Crimes which by Henry the Firsts Laws ca. 13. Emendari non possunt Hoc ex scelerum genere fuit nullo pretio etiam apud Saxones nostros expiabilium cum alia licuit pecuniis commutare Spelman Ecclesia Lat. Is most used for that place where Almighty God is Served commonly called a Church But Fitz. sayes by this word Ecclesia is meant onely a Parsonage and therefore if a Presentment be made to a Chappel as to a Church by the name Eoclesia this does change the nature of it and makes it presently a Church Nat. Br. 32. When the Question was Whether it were Ecclesia aut Capella pertinens ad matricem Ecclesiam The issue was Whether it had Baptisterium Sepulturam for if it had the Administration of Sacraments and Sepulture it was in Law judged a Church Trin. 20 Edw. 1. in banco Rot. 177. 2 Inst fol. 363. Ecclesiastical Persons Are either Regular or Secular Regular are such as lead a Monastical Life under certain Rules and have Vowed Obedience perpetual Chastity and wilfal Poverty When a Man is Professed in any of the Orders of Religion he is said to be a Man of Religion a Regular or Religious of this sort are Abbots Priors Monks Friers c. Secular are those whose ordinary Conversation is among Men of the World and Profess the Undertaking the Charge of Souls and live not under the Rules of any Religious Order such are Bishops Parish-Priests c. Eele fares alias Eele vare Anno 2. 5. H. 8. The Fry or Brood of Eeles Effractores Lat. Burglars that break open Houses to steal Qui furandi causa domos effringunt vel se 〈◊〉 carcere proripiunt Etiam qui scrinia expoliant MS. Egyptians Aegyptiani Are in our Statutes a Counterfeit kind of Rogues who being English or Welsh People disguise themselves in strange habits smearing their faces and bodies and framing to themselves an unknown Canting Language wander up and down and under pretence of Telling Fortunes Curing Diseases and such like abuse the Common-people by stealing all that is not too hot or too heavy for their carriage Anno 1 2 Phil. Ma. ca. 4. Anno 5 Eliz. ca. 20. These are like those whom the Italians call Cingari Ejectione custodiae Ejectment de gard Is a Writ which lay properly against him that did cast out the Gardian from any Land during the Minority of the Heir Reg. of Writs fol. 162. Fitz. Nat. Br. fol. 139. There are two other Writs not unlike this the one termed Droit de gard or Right of gard the other Ravishment de gard which see in their places Ejectione firmae Is a Writ which lies for the Lessee for years who is ejected before the expiration of his term either by the Lessor or a stranger Reg. of Writs fol. 227. Fitz. Nat. Br. fol. 220. See Quare ejecit infra terminum and New Book of Entries verbo Ejectione firmae Eigne French Aisne Eldest First-born As Bastard eigne mulier puisne Litt. Sect. 399. See Mulier Einecia borrowed of the French Aisne i. Primogenitus signifies Eldership Stat. of Ireland 14 Hen. 3. Of this read Skene verbo Eneya And see Esnecy Eyniciam filiam suam maritare to Marry his eldest Daughter Eire alias Eyre from the old French word Erre i. Iter as a grand erre i. magnis itineribus Signifies the Court of Justices Itinerant For Justices in Eyre are those whom Bracton in many places calls Justiciarios Itinerantes The Eyre of the Forest is the Justice Seat otherwise called which by ancient Custom was held every three years by the Justices of the Forest journying up and down to that purpose Bracton lib. 3. Tract 2. ca. 1 2. Britton ca. 2. Cromp. Jur. fol. 156. Manwood par 1. pa. 121. Read Skene verbo Iter whereby as by many other places you may see great affinity between these two Kingdoms in the Administration of Justice and Government See Justice in Eyre Election Electio Is when a Man is left to his own Free-will to take or do one thing or another which he pleaseth In case an Election be given of two several things he who is the first agent and ought to do the first act shall have the Election As if a man make a Lease rendring a Rent or a Robe the Lessee shall have the Election as being the first agent by payment of the one or delivery of the other Coke on Litt. pa. 144. b. Election de Clerk Electione clerici Is a Writ that lies for the choice of a Clerk assigned to take and make Bonds called Statute-Merchant and is granted out of the Chancery upon suggestion that the Clerk formerly Assigned is gone to dwell in another place or hath impediments to follow that business or not Land sufficient to answer his transgression if he should deal amiss c. Fitz Nat. Br. fol. 164. Elegit from the words in it Elegit sibi liberari Is a Writ Judicial and lies for him that hath recover'd Debt or Damages or upon a Recognizance in any Court against one not able in his Goods to satisfie and directed to the Sheriff commanding him to make delivery of half the Parties Lands and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Br. fol. 152. Reg. of Writs fol. 299 and 301. and the Table of the Reg. Judicial whâ—ch expresseth divers uses of this Writ The Creditor shall hold the Moity of the said Land so delivered to him till his whole Debt and Dammages are satisfy d and during that term he is Tenant by Elegit Westm 2. cap. 18. See Coke on Litt. fol. 289. b. Elk A kind of Ewe to make Bows Anno 33 Hen. 8. ca. 9. Eloine from the French Esloigner to remove banish or send a great way from If such as be within Age be Eloined so that they cannot Sue Personally their next Friends shall be admitted to Sue for them Anno 13 Edw. 1. ca. 15. Elopement Is when a Marryed Woman of her own accord departs from her Husband and lives
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
Shepley c. Adam Gurdon alii in misericordia Pasch 4 Ed. 1. Rot. 7. Sussex Forprise Forprisum from the Fr. For i. Extra Prise captio An exception or reservation In which sense it is used in the Stat. of Exon 14 Edw. 1. but there written Horseprise We still use it in Conveyances and Leases wherein Excepted and Forprised is an usual expression C'est Indenture fet entre Monsieur John Blount Chevalier le Eysne dune part Dame Johan Fouleshurst d autre parte Tesmoigne que mesme les partes sont issint assentuz accordez assurez que John Blount filts heir a dict Monsieur John deuy espousera prendera a femme Isabel la file de dite Dame du si briefe dewe temps que la dite Dame a ces properes custages voidera ordeigner feire issint que le dit Dame paye a dit Monsieur John xx Markes a temps de l'espousels xl Liures a certeyne de pay compris en un Obligation le quelle le Dite Dame a fait a dit Monsieur John c. Pour quel payment le dit Monsieur John enfeoffera ou fera enfeoffer les susdits John son fits la dite Isabel de son Manner jouste Utteskesather appelle Blounts place ensemblement ove toutes autres terres tenements rentes services c. Forprise le Parke c. appelle Blounts Parke c. A avoir tener a dit John son fits Isabel les heyres que mesmes cely John des Corps de mesme cely Isabel engendera c. Donnee south les seales c. le jour de St. Luke L' an de R. le Roy Henry 4 disme Penes Wal. Kirkham-Blount Baronet Forrein Used for Forreiner Anno 34 35 Hen. 8. ca. 18. See Forein Forschoke Derelictum Signifies originally as much as forsaken in our modern language It is specially used in one of our Statutes for Land or Tenements seised by the Lord for want of Services due from the Tenant and so quietly held and possessed beyond the year and day As if we should say that the Tenant who seeing his Land or Tenements taken into the Lords hand and possessed so long takes not the course appointed by Law to recover them does in due presumption of Law disavow or forsake all the right he has to them And then such Lands shall be called Forschoke sayes the Stat. 10 Edw. 2. ca. unico Forses Catadupae Water falls Cam. Brit. tit Westmorland Forstal Forestallamentum Is to be quit of Amerciaments and Cattel arrested within your Land and the Amerciaments thereof coming sayes the Termes of the Law But the Learned Spelman sayes 't is Viae obstructio vel itineris interceptio with whom agrees Coke on Litt. fol. 161. b. In Domesday 't is written Foristel Dedique eis Forstallum quod est ante portum ipsorum liberum atque quietum terram quae jacet ex utraque parte ejusdem Forstalli c. Mon. Angl. 2 Part. fol. 112. 60. Forstalling Viarum obstructio a Sax. far i. Via stel Signifies the buying or bargaining for any Corn Cattel or other Merchandise by the way before it comes to any Market or Fair to be sold or by the way as it comes from beyond the Seas or otherwise toward any City Port Haven or Creek of this Realm to the intent to sell the same again at a more high and dear price 51 H. 3. Stat. 6. West Part. 2. Symbol tit Inditements Sect. 64. Forstaller in Cromptons Jurisd fol. 153. Is used for stopping a Deer broken out of the Forest from returning home again or laying between him and the Forest in the way he is to return Fleta says Significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. ca. 47. See Regrators Engrossers Who shall be adjudged a Forstaller see in 5 6 Edw. 6. ca. 14. Forstal est si aliquis portaverit Halec vel hujusmodi res ad forum statim alius venerit emerit ab ipso illas res ut carius vendat Prior habebit emendas ab ipso Ex Reg. Priorat de Cokesford See 3 Part. Inst fol. 195. Fortility Fortalitium vel Forteletum Within the Towns and Fortilities of Berwick and Carlile Anno 11 Hen. 7. ca. 18. Signifies a fortify'd place a Bulwark Castle or Fortlet Fortlet Fr. A place of some strength a little Fort. Old Nat. Br. fol. 45. Fossa et Furca See Furca Fossatum Lat. A Ditch or a place fenced with a Ditch or Trench Ex dono Hen. Regis avi nostri unum Fossatum tam largum quod naves possint ire redire a flumine de Withonia usque ad Tupholme Carta 20 Hen. 3. m. 9. where it seems to signifie a cut River Fosse-way from Fossus digged Was anciently one of the four grand High-wayes of England so called because 't is conceav'd to be digg'd or made passable by the ancient Romans or Ditch'd at least on one side but now several inferior High-wayes are so called See Watlingstreet Foster-land Sax. Land-given assigned or allotted to the finding of Food or Victuals as in Monasteries for the Monks Fother or Fodder Sax. Is a Weight of Lead containing Eight Pigs and every Pig One and twenty Stone and a half which is about a Tun or a common Wain or Cart Load Speight in his Annotations upon Chaucer I finde also in the Book of Rates mention of a Fodder of Lead which according to Skene is about Sixscore and eight Stone Founder from fundere to pour Is he that melts Metal and makes any thing of it by pouring or casting it into a Mold Anno 17 Rich. 2. cap. 1. Fourcher Fr. fourchir i. Titubare lingua Signifies a putting off prolonging or delay of an Action And it appears no unpleasant Metaphor for as by stammering we draw out our speech not delivering that we have to say in ordinary time so by fourching we prolong a snte that might be ended in a shorter space In Westm 1. cap. 42. you have these words Coparceners and Joyntenants shall no more fourch but onely shall habe one Essoyn c. And Anno 6 Edw. 1. cap. 10. it is used in the same sence The Defendants shall be put to answer without fourching c. Anno 23 Hen. 6. cap. 2 See 2 Part. Inst fol. 250. Foutgeld or Footgeld Compounded of two German words fous i. pes and gyldan i. solvere q. pedis redemptio Signifies an Amercement for not cutting out the Balls of great Dogs Feet in the Forest See Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forest unlawed without punishment or control Cromptons Jurisd fol. 197. Manwood part 1. pag. 86. This priviledge was allowed in Assis Forest de Pickring 10 Edw. 3. Fowles of Warren See Warren Frampole Fences Are such Fences as any Tenant in the Mannor of Writtel in Essex hath against the Lords Demeans whereby he hath the Wood growing
on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of Immunity whereof he is either Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum Liberum Is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
Anglice vocatur terra unius aratri culturae sufficiens Hen. Hunting Hist lib. 6. But Sir Edward Coke holds That a Knights Fee a Hide or Plough-Land a Yard-Land or Oxgang of Land do not contain any certain number of Acres On Littl. fol. 69. The distribution of England by Hides of Land is very ancient for there is mention of them in the Laws of King Ina cap. 14. Henricus 1. Maritandae filiae suae gratia Imperatori cepit ab unaquaque hidâ Angliae tres sol Spel. And see Cam. Brit. fol. 158. Hide-lands Sax. Hydelandes Terrae ad Hydamseu tectum pertinentes Hide and gain Did anciently signifie Arable Land Coke on Littl. fol. 85. b. For of old to gain the Land was as much as to Till or are it See Gainage Hidage Hidagium Was an extraordinary Tax payable anciently for every Hide of sand Bracton lib. 2. ca. 6. writes thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius regni introaucta quae ad Dominum feudi non pertinent c. King Etheldred in the year of Christ 994. when the Danes landed at Sandwich taxed all his Land by Hides every 310 Hides of Land found one Ship furnished and every 8 Hides found one Jack and one Saddle for defence of the Realm Willielmus Conquestor de unaquaque Hida per Angliam sex solidos accepit Floren. Wigorn. in An. 1084. Sometimes Hidage was taken for the being quit of that Tax which was also called Hyde-gyld Hidel Anno 1 Hen. 7. ca. 6. Seems to signifie a place of protection or a Sanctuary Hiis testibus Antiquity did add these words in the continent of the Deed after the In cujus rei testimonium written with the same hand with the Deed which Witnesses were called the Deed read and then their names entred And this clause of Hiis testibus in Subjects Deeds continued until and in the Reign of Hen. 8. but now is wholly omitted Coke on Litt. fol. 6. Hine Sax. A Servant or one of the Family but it is now taken in a more restrictive sence for a Servant at Husbandry and the Master â—ine he that oversees the rest Anno 12 R. 2. ca. 4. Hinefare or Heinfare from the Sax. Hine a Servant and Fare a going or passage the going or departure of a Servant from his Master Siquis occidit hominem Regis facit Hein faram Dat. Regi xx s. c. Domesday tit Arcanfeld Hinegeld Significat quietantiam transgres sionis illatae in servum transgredientem MS. Arth. Trevor Ar. Hirciscunda The division of an inheritance among Heirs Goldm. dict Actio Hirciscundae See Action mixt Hird i. Domestica vel intrinseca familia Inter Plac. Trin. 12 Ed. 2. Ebor. 48. MS. Hithe See Hyth Hoastmen Anno 21 Jac. ca. 3. Are an ancient Gild or fraternity at Newcastle upon Tine who deal in Seacoal Hoblers or Hobilers Hobelarii Erant milites gregarii levi armatura mediocri equo ad omnem mutum agili sub Edouardo 3 in Gallia merentes Dicti ut reor vel ab istiusmodi equo an Hobby appellato vel potius a Gal. hobille tunica Tabulae classes describentes in exercitu ejusdem Edvardi Caletem obsident Anno 1350 sic habent Sub Comite Kildariae Banerets 1. Knights 1. Esquires 38. Hobilers 27 c. These were light-horsemen or according to Cowel certain Tenants who by their Tenure were bound to maintain a little light Nag for certifying any invasion or such like peril towards the Sea-side as Portsmouth c. of which you may read 18 Ed. 3. Stat. 1. ca. 7. and 25 ejusdem Stat. 5. ca. 8. and Cam. Britan. fol. 272. Duravit vocabulum usque at atatem Hen. 8. says Spelman Gentz darmes Hobelours see Pryns Animad on 4 Inst fol. 307. Hock tuesday-money Was a Tribute paid the Landlord for giving his Tenants and Bondmen leave to celebrate that day which was the second Tuesday after Easter week whereon the English did Master the domineering Danes Mr. Fab. Philips Mistaken Recompence fo 39. Hockettor or Hocqueteur Is an old French word for a knight of the Post a decay'd man a basket-carrier 3 Part Inst fol. 17â— Que nul enquerelant neu respoignant ne soit surpris neu cheson per Hockettours parent que la verite ne soit ensue Stat. Ragman Hogenhine rectius Third night awn hine i. Third night own servant Is he that comes guest-wise to an Inne or House and lies there the third night after which he is accounted of that Family and if he offend the Kings Peace his Host was to be answerable for him See Thirdnight-awn-hine Hokeday Otherwise called Hock-tuesday was the second Tuesday after Easter-week Et ad festum S. Mich. cum tenere voluerit Senescallus Curiam de la Hele habebit de Celerario quinque albos panes Costrellos suos plenos Cervisiae ad idem Festum pro Curia de Kinnersdone de privilegiis tenendis habebit totidem ad le Hokeday totidem Mon. Angl. 2 Par. fo 550. b. See Hocktuesday Money Hogshead Is a Measure of Wine Oyle c. containing half a Pipe the fourth part of a Tun or 63 Gallons Anno 1 R. 3. ca. 13. Holm Sax. Hulmus insula amnica A River Island according to Bede sometimes found in ancient Deeds and Records Coke on Litt. fol. 5. Cum duobus holmis in campis de we done Mon. Angl. 2. p. fo 292. b. where it seems to have a different signification Homage Fr. Is derived from Homo and is called Homage because when the Tenant does this service he says I become your Man It is also called Manhood as the Manhood of his Tenant and the Homage of his Tenant is all one Coke on Litt. fo 64. In the Original Grants of Lands and Tenements by way of Fee the Lord did not onely tye his Tenants to certain Services but also took a submission with Promise and Oath to be true and loyal to him as their Lord and Benefactor This submission is called Homage the form whereof you have in 17 Edw. 2. Stat. 2. in these words When a freeman shall do Homage to his Lord of whom he holds in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the Land I hold of you saving the Faith that I owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the Fee for which Homage is due takes Homage of every Tenant as he comes to the Land or Fee Glanv lib. 9. ca. 1. except women who perform not Homage but by their Husbands
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has taken any Bondman or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Id est pro unoquoque domo unum denarium Spel. Landimers Agrimensores Measurers of Land anciently so called Landimera autem est terrae limes vel meta From the Sax. gemaere i. terminus Landman Sax. Landesman Terricola The terre-Terre-tenant Land-tenant Is he that actually possesses the Land or hath it in his Manual occupation Anno 14 Edw. 3. stat 1. cap. 3. See terre-Terre-tenant Langemanni Item in ipsa Civitate erant 12 Langemanni i. Habentes Socam Sacam Domesday tit Lincolnscire Lanis de cresceâ—tia Walliae traducendis absque Custuma c. Is a Writ that lies to the Customer of a Port to permit one to pass over Wool without paying Custom because he hath paid it in Wales before Reg. of Writs fol. 279. Lapse Lapsus Is a slip or omission of a Patron to present a Clerk to a Benefice within six Moneths after it becomes void in which case we say the Benefice is in lapse or lapsed Anno 13 Eliz. cap. 12. And this lapse is incurred as well where the Patron is ignorant of the Avoidance as privy except onely upon the Resignation of the former Incumbent or Deprivation upon any Cause comprehended in the same Statute In which Cases the Bishop ought to give notice to the Patron Larceny Fr. Larrecin Lat. Latrocinium Is a Theft of Personal Goods or Chattels in the owners absence and in respect of the thing stoln it is either great or small Great Larceny is when the things stoln though severally exceed the value of xii d. Petit Larceny is when the Goods stoln exceed not the value of xii d. Of this see more in Stamf. Pl. Cor. lib. 1. cap. 15 16 17. Inter minuta autem furta says Spelman quae Forenses vocant Petie Larcenys olim habebantur equi bovis subtractio ut perspicuum est ex Assisis Hen. 2. Clarendoniae editis ubi sic legitur Haec Assisa attenebit in murdro proditions iniqua combustione in omnibus praedictis nisi in minutis furtis roberiis quae factae fuerunt tempore guerrae sicut de equis bobus minoribus rebus Larding-mony In the Mannor of Bradford in Com. Wilts the Tenants pay to the Marquess of Winchester their Land-Lord a small yearly Rent by this Name Which I conceive to be for liberty to feed their Hogs with the Mast of the Lords Woods the Fat of a Hog being called Lard Larons Fr. Theeves In the Statute for View of Frank-pledge made 18 Edw. 2. The Fourteenth Article to be given in charge at Leets is Of Pety Larons as of Géese Hens or Sheafs of Corn. Lashlite Si quis decimam contra teneat reddat Lasblite cum Dacis Witam cum Anglis It denoted the Danish common for feiture which was Twelve Ores every Ore valuing about xvi d. sterling Seldens Hist of Tythes pag. 203. Last Sax. Lest Fr. Signifies a burden in general and particularly a certain weight or measure As a Last of Pitch Tar or Ashes contains Fourteen Barrels 32 Hen. 8. cap. 14. A Last of Hides or Skins Twelve dozen 1 Iac. cap. 33. A Last of Cod-fish Twelve Barrels 15 Car. 2. cap. 7. A Last of Herring contains Twenty Cades or Ten thousand every Thousand Ten hundred and every Hundred sixscore Anno 51 Hen. 3. Stat. 2. cap. 2. A Last of Corn or Rapeseed is Ten Quarters A Last of Wool is Twelve Sacks A Last of Leather is Twenty Dickers and every Dicker Ten Skins Of Unpacked Herrings Eighteen Barrels make a Last A Last of Osmonds is Four thousand weight Sed cum discederent mercatores 4 denarius de uno quoque Lesth habebant Rex Comes Sc. Cestriae LL. Edw. Conf. apud Selden tit Hon. sol 620. Last also in the Marshes of East Kent signifies a Court held by Twenty four Jurats and summoned by the two Bailiffs thereof wherein they make Orders lay and levy Taxes impose Penalties c. For preservation of the said Marshes See the Hist of Imbanking and Draining fol. 54. Last Heir Ultimus Haeres Is he to whom Lands come by Escheat for want of lawful Heirs that is the Lord of whom they are held in many Cases but the King in others Quippe Rex omnium haeredum ultimus est uti Occanus omnium fluviorum receptaculum Bracton lib. 7. cap. 17. Lastage Lestage and Lesting Lastagium from the Sax. Last i onus A Custom exacted in some Fairs and Markets to carry things where one will according to Rastal But Anno 21 Rich. 2. cap. 18. it is taken for the Ballance of a Ship In a Charter of Henry the Third to the Monastery of Semplingham thus Et sint quieti de Theolonio pontagio passagio pedagio Lestagio stallagio Where it is to be understood in the former signification Omnes homines London sint quieti liberi omnes res corum per totam Angliam per portus maris de theolonio passagio lastagio ab omnibus aliis consuetudinibus Diploma Hen. 1. de Libertatibus London Lastage says another Author Is properly that Custom which is paid for Wares sold by the Last as Herrings Pitch c. Lathe or Leth Laestum Leda Sax. Laethe Is a great part of a County sometimes containing three or more Hundreds or Wapentakes as it is used in Kent and Sussex Suoque olim subaudiens Magistratui quem Ledgrevium appellabant Et quod Anglice vocabant 3 vol 4 Hundreda isti vocabant thrihinga In quibusdam verò provinciis Anglice vocabant Laeth quod isti dicunt Trihinge Quod autem in Trihinge definiri non poterat ferebatur in Seyram i. in Curiam Comitatus LL. Edw. Conf. cap. 35. Et sint quieti de sectis Comitatuum Leth Hundred auxiliis Vicecomitum Pat. 1 Hen. 4. par 8. m. 8. Latimer Seems to be used by Sir Edw. Coke for an Interpreter 2 Part. Inst fol. 515. Vox autem unde veniat non liquet Latitat Is the name of a Writ whereby all Men in Personal Actions are called originally to the Kings Bench. Fitz. Nat. Br. fol. 78. which hath this name upon a supposition commonly untrue that the Defendant doth lurk and lie hid For Latitare est se maliciose occultare animo fraudandi creditores The true original of this Writ is this In ancient time whilest the Kings Bench was moveable the Custom was when any Man was to be sued to send forth a Writ to the Sheriff of the County of Middlesex where the Court was Resident called a Bill of Middlesex to take him whereupon the Sheriff returned Non est inventùs in Baliva nostra c. Then was there a second Writ sued forth that had these words Cum Testatum est quod Latitat c. And thereby the Sheriff willed to attach him in any other place where he might be found And when the Tribunal of the Kings Bench came to be setled at Westminster the former course of Writ was kept for
King to some Baron or such like man of worth for him and his heirs to dwell upon and to exercise some jurisdiction more or less within that circuit as he thought good to grant performing him such services and paying such yearly rent for the same as he by his grant required and that afterward this great Man parcelled his Land to other meaner Men enjoyning them again such services and rents as he thought good and by that means as he became Tenant to the King so the inferiors became Tenants to him See Perkins Reservations 670. and Horns Mirror of Justices lib. 1. ca. du Roy Alfred In these dayes a Manor rather signifies the jurisdiction and Royalty incorporeal than the Land or scite For a man may have a Manor in Gross that is the right and interest of a Court Baron with the Perquisits and another enjoy every foot of the land belonging to it Kitchin fo 4. Bracton lib. 5. Tract 5. ca. 28. nu 1. See Fee A Manor may be compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowzen Court-baron and such like And this ought to be by long continuance of time bey ond mans memory For at this day as some hold a Manor cannot be made because a Court-Baron cannot be made and a Mannor cannot be without a Court-Baron and two suiters at least Manpygarnon Will. Walcote tenet Manerium de Adington in Com. Surr. per servitium inveniendi ad Coronationem Regis quoddam Potagium vocat Manpygarnon Mansion Mansio a Manendo A dwelling house a Country habitation most commonly used for the Lords chief dwelling House within his Fee otherwise called the Capital Messuage or the chief Manor-place See Skene verbo Mansus The Latin word Mansia in the Charter granted by King Kenulphus to Ruchin Abbot of Abingdon and mentioned by Sir Edward Coke in his Report de Jure Regis Ecclesiastico seems to signifie a certain quantity of Land Hida vel Mansia Mat. Westm in Anno 857. And in a Charter of Edw. Conf. it is written Mansa v. Hist of Pauls fo 189. Mansura Masura Are used in Domesday and other ancient Records for Mansiones vel habitacula villicorum But in carta de Anno 1 Edw. 3. n. 3. we read de tribus mansuris terrae in Wigornia quaere Manslaughter Homicidium Is the unlawful killing a Man without prepensed malice as when two meet and upon some sudden occasion falling out the one kills the other It differs from Murder because it is not done with foregoing malice and from Chancemedley because it has a present intent to kill and this is Felony but admits Clergy for the first time Stamf. pl. Cor. lib. 1 ca. 9. and Britton ca. 9. It is confounded with Murder in the Stat. 28 Edw. 3. ca. 11. Mansus Anciently a Farm Seldens Hist of Tythes pa. 62. Haec Indentura testatur quod Reginaldus Grey Dominus de Hastings Weisford de Ruthin tradidit Iohanni Saunders Mansum Manerii de Bedworth c. dat 18 Hen. 6. Here Mansum Manerii is used for the Mannor House or Mannor-Place Mansum capitale dicitur de aedibus Domini Manerii quas aulam vulgo nuncupant Mansum or Mansus is sometimes confounded with Mesuagium Spelman Manubrium The handle or haft of a Sword or Dagger Iur. praesentant quod A. de C. Aurifaber 2 Iunii 2 Iac. apud S. praedict quoddam Manubrium pugionis ferreum Anglice dictum A Dagger hilt of Iron c. Apud Maidston Manucaptio Is a Writ that lies for a Man who taken on suspicion of Felony and offering sufficient Bayl for his appearance cannot be admitted thereto by the Sheriff or other having power to let to Mainprise Fitz. Nat. Br. fo 249. See Mainprise How diversly it is used see the Table of Reg. of Writs And Pryns Animadversions fo 268. Manuel Manuelis That whereof present profit may be made or that is employed or used by the hand Stamf. Praerog fol. 54. As such a thing in the Manuel occupation of one i. Actually used or employed by him Manumission Manumissio Is the freeing a Villain or Slave out of bondage The form of this in the time of the Conqueror Lamb. in his Archai fo 126. sets down in these words Si quis velit servum suum liberum facere tradat cum vicecomiti per manum dextram in pleno comitatu quietum illum clamare debet a jugo servitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were manumitted by Charter Vide Brooke tit Villenage fo 305. Another way of Manumitting was for the Lord to take the Bondman by the Head and say I will that this Man be Free and then shove him out of his hand There was also Manumission imply'd as when the Lord made an Obligation for payment of Money to the Bondman at a certain day or sued him where he might enter without Sute or the like See Neif EDWARDUS Dei Gratia Rex Angliae Franciae Dominus Hiberniae Omnibus ad quos praesentes Literae nostrae pervenerint Salutem Sciatis quod nos ex gratia nostra speciali ex mero motu nostro Manu misimus ab omni jugo servitutis liberamus Johannem Dedwiche de Orleton in Com. Heref. Husbandman William Dedwiche de eadem Husbandman Nativos nostros de Manerio sive Dominio nostro de Orleton praedict Cum omnibus bonis catallis suis tuta eorum sequela progenie de eorum corporibus procreatis sive procreandis Ita quod nec Nos nec heredes nec Successores nec Assignati nostri aliquod Iuris vel clamei ratione alicujus Villenagii in ejusdem Johanne Willielmo seu de eorum progenie procreatis sive procreandis seu de bonis Catallis suis exigere vel vendicare poterimus in futuro c. In cujus rei testimon has literas nostras sub sigillo nostro Comitis nostrae Marchiae fieri fecimus Patentes Dat. vicessimo die Mensis Aprilis anno regni nostri octavo Ex ipso autographo penes Johan Colman Gen. locus sigil i. Sigillum Edwardi quarti dei gra regis anglie francie diu hiberme conntatussin marchie Manupastus Saepe obvenit in forensi dialecto pro famulo serviente Domestico Spelman Erat culpabilis tanquam de Manupasto Manwood cap. 16. n. 6. i. He shall be culpable as of a thing done by one of his family Gloss in x. Scriptor Manutenentia Is a Writ used in case of Maintenance Reg. of Writs fol. 182. 189. See Maintenance Manworth Sax. Manwyrth The price or value of a Mans Life or Head every Man according to his degree being rated at a certain price according whereunto satisfaction was of old made to his Lord for the killing him Marches Marchia Are the Bounds and Limits between
sort of Money so it were Silver and the reason is there given because those two Shires Monetarios de antiqua institutione non habent Moneyers are now also taken for Banquers or those that make it their Trade to turn and return money Monger Seems to be a little Sea-vessel which Fishermen use Anno 13 Eliz. ca. 11. Monopoly from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo Is an Institution or allowance of the King by his Grant Commission or otherwise to any person or persons of or for the sole buying selling making working or using of any thing whereby any person or persons are restrained of any freedom or liberty that they had before or hindred in their lawful Trade which is declared illegal by 21 Jac. ca. 3. Except in some particular cases which see in 3 Inst fo 181. Monstrans de droit i. Shewing of ones right Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements that indeed are mine in right though by some Office found to be in possession of one lately dead See Stamf. Praer ca. 21. at large and Cokes Rep. lib. 4. fo 54. Wardens of the Sadlers Case Monstraverunt Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine being distreined for the payment of any Toll or Imposition contrary to the liberty which they do or should enjoy Fitz. Nat. Br. fo 14. Month or Moneth Sax. Monath Shall be understood to consist of 28 dayes See Coke lib. 6. fo 61. b. And see Kalendermoneth Moot from the Sax. Motian to treat or handle Is well understood at the Inns of Court to be that exercise or arguing of Cases which young Barrasters and Students perform at certain times for the better enabling them for practise and defence of Clients Causes The place where Moot-cases were argued was anciently called a Moot-hall from the Sax. Motheal In the Inns of Court there is a Bailiff or Surveyor of the Moots who is yearly chosen by the Bench to appoint the Mâ—otmen for the Inns of Chancery and to keep accompt of performance of Exercises both there and in the House See Orig. Juridiciales fo 212. Mootmen Are those that argue Readers Cases called also Moot-cases in the Houses of Chancery both in Terms and in Vacations Cokes Rep. 3 Part in Proaemio Moratur or Demoratur in Lege Signifies as much as he Demurrs because the Party goes not forward in pleading but rests or abides upon the Judgment of the Court in the point who deliberate and take time to argue and advise thereupon Whensoever the Counsel learned of the Party is of opinion that the Count or Plea of the adverse party is insufficient in Law then he Demurrs or abides in Law and refers the same to the Judgment of the Court Coke on Lit. fo 71. b. See Demurrer Moriam Is all one in signification with the French Morion i. Cassis a headpiece and that from the Italian Morione Anno 4 5 Phil. Mary ca. 2. now called a Pot. Morling alias Mortling Signifies that Wool which is taken from the Skin of a dead Sheep whether dying of the rot or being killed Anno 4 Edw. 4. cap. 2. 3. and 27 Hen. 6 cap. 2. This is written Morkin Anno 3 Jac. cap. 18. Morling or Shorling Anno 3 Edw. 4. cap. 1. 14 Car. 2. cap. 18. See Shorling Mortdancester See Assize Mortgage Mortuum vadium vel Mortgagium from the French Mort i. Mors and Gage i. Pignus Signifies a Pawn of Land or Tenement or any moveable thing laid or bound for Money borrowed peremptorily to be the Creditors for ever if the Money be not paid at the day agreed on And the Creditor holding such Land on such Agreement is in the mean time called Tenant in Mortgage Glanvile lib. 10. cap. 6. defines it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant Thus it is called a Dead Gage because whatsoever profit it yields yet it redeems not it self by yielding such profit except the whole sum borrowed be likewise paid at the day the Morgagee by Covenant being to receive the profits till default of payment He that lays this Pawn or Gage is called the Morgager and he that takes it the Morgagee This if it contain excessive Usury is prohibited Anno 37 Hen. 8. cap. 9. Mortmain Manus Mortua i. Dead Hand From the. Fr. Mort i. Mors and Main i. Hand Signifies an Alienation of Lands or Tenements to any Corporation Guild or Fraternity and their Successors as Bishops Parsons Viccars c. which may not be done without Licence of the King and the Lord of the Mannor or of the King alone if it be immediately holden of him The reason of the name proceeds from this that the services and other profits due for such Lands should not without such Licence come into a Dead Hand or into such a Hand as it were Dead and so dedicate unto God or pious uses as to be abstractedly different from other Lands Tenements or Hereditaments and is never to revert to the Donor or any Temporal or common use Mag. Charta cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain 18 Edw. 3. stat 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land c. to Hospitals is permitted without obtaining of Licences of Mortmain Hottoman in his Commentaries De verbis Feudal verbo Manus mortua says thus Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Qua de causa res nunquam ad Priorem Dominum revertitur nam Manus pro possessione dicitur Mortua pro immortali c. And Skene says That Dimittere terras ad Manum Mortuam est idem atque dimittere ad multitudinem sive universitatem quae nunquam moritur The President and Governors for the poor within the Cities of London and Westminster may without Licence in Mortmain purchase Lands c. not exceeding the yearly value of 3000 l c. Stat. 14. Car. 2. cap. 9. Mortuary Mortuarium Is a gift left by a Man at his death to his Parish Church in recompence of his Personal Tythes and Offerings not duly paid in his life time A Mortuary is not properly and originally due to an Ecclesiastical Incumbent from any but those onely of his own Parish to whom he ministers Spiritual Instruction and hath right to their Tythes But by Custom in some places of this Kingdom they are paid to the Incumbent of other Parishes in the Corps of the Dead Bodies passage through them See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts Mortuarium says Lindwood sic dictum est quia relinquitur Ecclesiae pro anima defuncti
Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63◠Cam. Brit. pa. 160. who reckons 9284
Parish-Churches under Bishops in England but other Authors differ in the number Parle-hill Collis vallo plerunque munitus in loco campestri ne insidiis exponatur ubi convenire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas terminandas Scotis reor Grith-hail q. Mons pacificationis cui Asyli privilegia concedebantur Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia frequentes vidimus the Parle and Parling-hills Spel. Parliament Parliamentum from the Fr. Parler loqui Is the great Assembly of this Kingdom consisting of the King and the three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons for the Debating of Matters touching the Common-wealth and especially the making and correcting Laws which Assembly or Court is of all other the highest and of greatest Authority as you may read in Sir Tho. Smith de Repub. Angl. Cam. Britan. pa. 112. Si vetustatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae As in an ancient Charter of King John Nullum Scutagium vel auxilium ponam in regno nostro nisi per Commune Consilium regni nostri c. The first Parliament in England according to Sir Richard Baker was held at Salisbury 19 April 16 Hen. 1. But see Cottoni Postâ—umâ— fo 15. and 2 Inst fo 268. where there is mention of Parliaments held long before that time The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the affairs of his Monastery Croylandensis libri haec sunt verba Concessimus etiam tunc Scrientium nostrae Ecclesiae Semanno de Lek qui veniens coram Conventu in nostro publico Parliamento similiter juramentum prestitit quod fidus fidelis nobis existerit Officium c. And at this day the Community of the two Temples or Inns of Court do call that Assembly A Parliament wherein they consult of the common affairs of their several Houses See Crom. Jurisd fo 1. See Royal assent Parliamentum insanum so called in History was a Parliament held at Oxford Anno 41 H. 3. MS. in Bibl. Cotton sub tit Vitellius C. 9. Parliamentum indoctorum Was a Parliament held at Coventry 6 Hen. 4. Whereunto by special precept to the Sheriffs in their several Counties no Lawyer or person skill'd in the Law was to come and therefore it was so called Walfingh pa. 412. n. 30. Rot. Parl. 6 Hen. 4. Parol Fr. Is used in Kitchin fo 193. for a Plea in Court and being joyn'd with Lease as Lease parol or Lease per parol is a Lease by word of mouth contradistinguish'd from one in writing Parson Persona Signifies the Rector of a Church because he for his time represents the Church and susteins the person thereof as well in suing as being sued in any action touching the same See Fleta lib. 9. ca. 18. Charta Hugonis Pusac alias Pudsey de Puteaco tempore Hen. 2. Hugo dei Gratia Dunelmensis Episcopus omnibus Archidiaconis suis Clericis laicis Episcopatus sui salutem Sciatis nos ad Praesentationem Roberti Capellani in Ecclesiam de Witefield quae in feudo suo sita est Canonice impersonasse Robertum nepotem suum Quare volumus praecipimus quatenus idem Robertus habeat teneat Ecclesiam praenominatam libere quiete tam in decimis quam in caeteris obventionibus sicut aliqui Clerici liberius quietius in Episcopatu nostro Ecclesias suas teneant Salvis in omnibus Episcopalibus consuetudinibus Testibus c. Endorsed thus Praesentatio Roberti de Quitefeld Parson imparsonee Persona impersonata Is the Rector that is in possession of a Church Parochial be it presentative or impropriate and with whom the Church is full For in the New Book of Entries verbo Ayd in Annuity you have these words Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. impersonata in eadem ad praesentationem F. Patronissae c. So that Persona seems to be the Patron or he that has right to give the Benefice by reason that before the Later an Councel he had right to the Tythes in respect of his liberality in erecting or endowing the Church Quasi sustineret personam Ecclesiae Persona impersonata he to whom the Benefice is given in the Patrons right For in the Reg of Writs judicial fo 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated and Dyer fo 40. num 72. sayes a Dean and Chapter are Parsons impersonees of a Benefice appropriated to them who also fo 221. num 19. plainly shews that persona impersonata is he that is inducted and in possession of a Benefice So that Persona seems to be termed impersonata onely in respect of the possession he has of the Benefice or Rectory be it appropriate or otherwise by the act of another Coke on Litt. fo 300. b. Parters of Gold and Silver See Finors Partes Finis nihil habuerunt c. Is an Exception taken against a Fine levied Cokes Rep. lib. 3. Case of Fines Particata terrae See Perticata terrae Partitione facienda Anno 31 Hen. 8. ca. 1. Is a Writ that lies for those who hold Lands or Tenements pro indiviso and would sever to every one his part against him or them that refuse to joyn in partition as Coparceners or Tenants in Gavelkind Old Nat. Br. fo 142. Fitz. Nat. Br. fo 61. and New Book of Entries verbo Partition Dorset Placita de Juratis Assis Anno 16 Edw. 1. Motingh EDwardus Kaynel Maria filia Roberti de Camma Johannes Bereset Matilda uxor ejus Johanna soror ejusdem Matildae petunt versus Johannem Alfrith de Warham unum Toftum cum pertin in Warham de quo Johannes Gerard consanguineus predictorum Edwardi Mariae Matildae Johannae cujus heredes ipsi sunt fuit scifitus in dominico suo ut de feodo dic quo obiit c. unde dicunt c. Et Johannes venit dicit quod tenementa in Warham sunt partibilia inter masculos femellas dicit quod praedictus Edwardus habet quasdam Gunnoram Matildam Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium quae tantum jus habent in re petita sicut c. quae non nominantur in brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. Partie-Jury Anno 14 Car. 2. ca. 11. See Medictas linguae Partlet Anno 24 Hen. 8. ca. 13. Was a kind of Band to wear about the necks both of Men and Women now out
Faders Eyer and I nil suffer that ony man you any wrongys beed And God you kepe Ex libro pervetusto penes Will. King Ar. Portioner Porconarius or Portionarius Pateat universis quod ego Iohannes Botelere Porconarius secundae portionis Ecclesia de Bromyord dedi dat 17 Ric. 2. Where a Parsonage is served by two or sometimes three Ministers alternately as Bromyard supra Burford in Shropshire c. The Ministers are called Portioners because they have but their Portion or Proportion of the Tythes or Profits of the Living Portmen Anno 13 Eliz. cap. 24. The Twelve Burgesses of Ipswich are so called Also the inhabitants of the Cinque Ports are so termed according to Camdens Britannia Portmote from the Sax Porte i. Portus gemot i. Conventus Is a Court kept in Haven-Towns or Ports as Swainmot in the Forest Manwood par 1. pag. 111. It is called the Portmoot Court Anno 43 Eliz. ca. 15. Curia Portmotorum est Curia in Civitate Cestriae coram Majore in aula Motorum tenenda Pl. in Itin. ibid. 14 Hen. 7. Portsale Anno 35 Hen. 8. cap. 7. Is the sale of Fish presently upon its arrival in the Port or Haven Possession Possessio quasi Pedis positio Is twofold actual and in Law The first is when a Man actually enters into Lands or Tenements to him descended the other when Lands or Tenements are descended to a Man and he hath not as yet actually entred into them Before or until an Office is found of Lands Escheated by Attainder 〈◊〉 King hath onely Possession in Law and not in Deed. Stamf. Praerog fol. 54. There is also an Unity of Possession which the Civilians call Consolidationem As if the Lord purchase the Tenancy held by Heriot service the Heriot is extinct by Unity of Possession because the Seigneury and Tenancy are now in one Mans possession Kitchin fol. 134. See other Divisions of Possession in Bracton lib. 2. cap. 17. Post See Per. Post Conquestum Was first inserted in the Kings Title by Edward the Third Anno 1328. Claus 2 Edw. 3. in Dorso m. 33. Post Diem Is a Fee by way of Penalty upon a Sheriff for his neglect in returning a Writ after the day assigned for its return for which the Custos Brevium hath four pence whereas he hath nothing if it be returned at the day sometimes taken for the Fee it self Post Disseisin Post Disseisina Is a Writ given by the Statute of Westm 2. cap. 26. and lies for him that having recovered Lands or Tenements by Praecipe quod reddat upon default or reddition is again disseised by the former Disseisor Fitz. Nat. Br. fol. 190. See the Writ that lies for this in the Reg. of Writs fol. 208. a. Post Fine Is a duty belonging to the King for a Fine formerly acknowledged before him in his Court which is paid by the Cognizee after the Fine is fully passed and all things touching the same accomplished The rate thereof is so much and half so much as was paid to the King for the Fine and is collected by the Sheriff of the County where the Land lies whereof the Fine was levied to be answered by him into the Exchequer Post Term Is a Fee or Penalty taken by the Custos Brevium of the Court of Common Pleas onely for the Filing any Writ by any Attorney after the Term or usual time in which such Writs are returnable for which the Custos Brevium takes the Fee of xx d. Postea Is a Return or Certificat of the proceedings by Nisi Prius into the Court of Common Pleas after a Verdict and there afterwards recorded See Plowden Casu Saunders fol. 211. a. See an example of it in Coâ—es Rep. Vol. 6. Rowlands Case fol. 41. See Custos Brevium Posteriority Posterioritas the Being or coming after or behinde Is a word of Comparison and Relation in Tenure the Correlative whereof is Priority For a Man holding Lands or Tenements of two Lords holds of his Ancienter Lord by Priority and of his later Lord by Posteriority Stamf. Praerog fol. 10. 11. When one Tenant holds of two Lords of the one by Priority of the other by Posteriority c. Old Nat. Br. fol. 94. See 2 Instit fol. 392. Postnati 7 Jac. It was by all the Judges solemnly adjudged that those who after the descent of the Crown of England to King James were born in Scotland were no Aliens in England As on the contrary the Antenati or those born in Scotland before the said descent were Aliens here in respect of the time of their Birth See Calvins Case 7 Report Pot Anno 13 Car. 2. cap. 6. A Head-piece for War Pot Ashes Anno 12 Car. 2. cap. 4. Are made of the best Wood-ashes and used in the making of Soap some are made in England but the best come from beyond Sea Pound Parcus Signifies generally any strong inclosure to keep in Beasts but especially a place of strength to keep Cattle that are distrained or put in for any Trespass done by them until they be replevied or redeemed and in this signification it is called a Pound Overt or open Pound being built upon the Lords Waste and is called the Lords Pound for he provides it for the use of himself and his Tenants See Kitchin fol. 144. It is divided into Pound Open and Pound Close Pound Open or Overt is not onely the Lords Pound but a Backside Court Yard Pasture-Ground or whatever else whither the owner of the Beasts Impounded may come to give them Meat and Drink without offence for their being there or his coming thither Pound Close is then the contrary viz. Such a one as the owner cannot come unto for the purpose aforesaid without offence as some Close-house Castle Fortress or such like place Pound-breach See Pund-brech Poundage Pondagium Is a Subsidy granted to the King of all manner of Merchandise of every Merchant Denizen and Stranger carried out of this Realm or brought into the same to the value of Twelve pence in every Pound This was granted to Henry the Sixth for term of his life and to King Charles the Second Anno 12 Car. 2. cap. 4. Pourallée See Purluc Pour fair proclamée que nul inject Fines ou ordures en fosses ou Rivers pres Cities c. Is a Writ directed to the Mayor Sheriff or Bailiss of a City or Town commanding them to proclaim That none cast filth into the Ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute 12 Rich. 2. cap. 13. Fitz. Nat. Br. fol. 176. Pourpartie Propars Propartis vel Propartia Is contrary to Pro indiviso for to make Pourpartie is to divide and sever the Lands that fall to Parceners which before Partition they hold joyntly and Pro indiviso Old Nat. Br. fol. 11. Pourpresture Pourprestura from the Fr. Pourpris a Close or Enclosure Is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
Charter of Feossment if all the witnesses to the Deed be deed then Violent Presumption which stands for a proof is continual and quiet Possession Coke on Littl. lib. 1. ca. 1. sect 1. Praesumptio stat in dubio it is doubted of yet it is accounted Veritatis comes quatenus in contrarium nulla est probatio ut regula se habet Stabitur praesumptio donec probetar in contrarium Presumption was anciently taken for intrusion Assultus Roberia Sterbrech Praesumptio terrae vel pecunia Regis Thesaurus inventus c. LL. Hen. 1. cap. 11. De his quae sunt de Jure Regis Pretensed Right Jus Pretensum Is where one is in possession of Lands or Tenements and another who is out claims it and sues for it here the Pretensed Right or Title is to be in him who so does sue and claim Price See Value Pricked-bread Molendinario septem panes de Conventu septem panes de Pricked-bread Monast Angl. 1 Part. fol. 496. b. Quaere Pride-gabel In the Mannor of Rodeley in Com. Gloc. is paid to this day as a Rent to the Lord of the Mannor by certain Tenants in duty and acknowledgment to him for their liberty and priviledge of Fishing for Lamprays in Severn Prid for brevity being the later syllable of Lamprid as anciently they were called and Gavel a Rent or Tribute Taylors Hist of Gavelkind fol. 112. Primo Beneficio See Beneficio Primage Anno. 32 Hen. 8. ca. 14. Is a duty due to the Mariners and Sailers for the Loading of any Ship at the setting forth from any Haven which is in some places a penny in the pound in others six pence per Pack or Bale according to the Custom of the place Primier Seisin Prima Seisina i. The first Possession Was a Branch of the Kings Prerogative whereby he had the first possession of all Lands and Tenements holden of him in cheif whereof his Tenant died seised in Fee and consequently the Rents and Profits of them until the Heir if he were of age did his homage if under age until he were But all charges arising by Primier Seisins are taken away by the Stat. 12 Car. 2. cap. 24. Prince Princeps Is sometimes taken for the King himself but more properly for the Kings Eldest Son who is Prince of Wales as the Eldest Son to the French King is called Dauphine both being Princes by their Nativity Ferns Glory of Generosity pag. 138. Before Edward the Second was born at Carnarvan and was the first Prince of Wales the Kings Eldest Son was called Lord Prince Stamf. Praerog ca. 22. fol. 75. See 27 Hen. 8. ca. 26. And 28 Ejusdem ca. 3. Principal Principalium An Heir-lome Quod vide In Urchenfield Com. Heref. certain Principals as the best Beast best Bed best Table c. pass to the eldest Childe and are not subject to Partition Also the cheif person in some of the Inns of Chancery is called Principal of the House See Ancient Principality of Chester Anno 21 Rich. 2. ca. 9. See County Palatine and Cromp. Jurisd fol. 137. Prior perpetual or Dative and removeable Anno 9 Rich. 2. ca. 4. And 1 Edw. 4. ca. 1. Lord Prior of Saint Johns of Jerusalem Anno 26 Hen. 8. ca. 2. See Abbot Priors Aliens Priores Alieni Were certain Religious Men born in France and Normandy and Governors of Religious Houses erected for Outlandish Men here in England which were by Henry the Fifth thought no good Members for this Land and therefore suppressed whose Livings were afterwards by Henry the Sixth given to other Monasteries and Houses of Learning Stows Annals pag. 582. And 1 Hen. 5. ca. 7. but specially to the erecting of those two famous Colledges called The Kings Colledges of Cambridge and Eaton 2 Part Inst fo 584. Priority Prioritas Signifies an Antiquity of Tenure in comparison of another less ancient As To hold by Priority is to hold of a Lord more anciently than of another Old Nat. Br. fo 94. So to hold by Posteriority is used in Stamf. Praerog ca. 2. fol. 11. The Lord of the Priority shall have the custody of the Body c. Cromp. Juris fol. 120. See Posteriority Prisage Prisa Fr. Pris Is that Custom or Share that belongs to the King or Lord Admiral out of such Merchandises as are taken at Sea by way of lawful Prize which is usually a Tenth part 31 Eliz. ca. 5. Prisage of Wines Anno 1 Hen. 8. ca. 5. Is a word almost out of use now called Butlerage because the Kings cheif Butler receives it which is a Custom whereby the King challenges out of every Bark loaden with Wine containing Twenty Tuns or more two Tun of Wine the one before the other behinde the Mast at his price which is Twenty shillings for each Tun yet this varies according to the Custom of the place for at Boston every Bark laden with Ten Tuns of Wine or above pays Prisage See Butlerage and Calthrops Reports fol. 20. And 4 Part Inst fol. 30. MEmorandum quod Rex habet ex antiqua consuetudine de qualibet Nave Mercatoris Vini 6 Careat Applican infra aliquem portum Angliae de viginti doliis duo dolia de decem doliis unum de Prisa Regia pro quodam certo ab antiquo constitut solvend P. Rec. 20 R. 2. Prise Prisa From the Fr. Prendre i. Capere Signifies in our Statutes the things taken of the Kings Subjects by Purveyers Anno 13 Edw. 1. ca. 7. and 28 Ejusdem stat 3. ca. 2. It signifies also a Custom due to the King An. 25 Ejusdem ca. 5. Reg. of Writs fol. 117. b. In forancis paginis antiquis says the Learned Spelman Prisae plerumque intelliguntur de annonae reique frumentariae captionibus aliis etiam necessariis ad alenda instruendaque castrorum praefidia nec non regiam familiam minori quam justo pretio agricolis areptis c. In Rescripto quodam Anno 3 Edw. 1. Norf. ss Rogerus de Monte alto qui sororem haeredem Hugonis de Albeney c. desponsaverat clamat habere libertates has subscriptas viz. Castellum suum de Risinge cum Prisis 40 dierum c. Ubi clausulam cum Prisis 40 dierum intelligo de libertate capiendi victualia quae vocant ad sustentationem praesidiarii militis Castri sui ita quod pretium reddat infra 40 dies See the Stat. 12 Car. 2. ca. 24. Prisoner Fr. Prisonnier Signifies one that is restraiued of his liberty upon any Action Civil or Criminal or upon Commandment And a Man may be Prisoner upon Matter of Record or Matter of Fact Prisoner upon Matter of Record is he who being present in Court is by the Court committed to Prison onely upon an Arrest be it by the Sheriff Constable or other Stamf. Pl. Cor. lib. 1. ca. 32. fol. 34 35. Privation Privatio A bereaving or taking away Most commonly applied to a Bishop or Rector of a Church when by Death or
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. 〈◊〉 Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
Par. 1. Pa. 178. Reprisels Reprisalia From the Fr. Reprise i. Recaptio vel captio rei unius in alterius satisfactionem Is all one in the Common and Civil Law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data Creditori pro injuriis damnis acceptis Vocab utriusque Juris This among the Ancient Romans was called Clarigatio In the Statute 27 Edw. 3. Stat. 2. ca. 17. it is called Law of Marque because one destitute of Justice in another Territory redresseth himself by the goods belonging to Men of that Territory Reprises Fr. Resumptions or takings back We use it for deductions and duties which are yearly paid out of a Mannor or lands as Rent-charges Pensions Fees or Stewards or Bailiffs c. Therefore we say the Mannor of Dale yields 40 l. per annum ultra Reprizas besides all Reprises Requests Curia Requisitionum See in Court The place where this Court was held was anciently called Camera alba Rot. Parl. Anno 17 Edw. 3. Resceit Receptio Is an admission or receiving a third person to plead his right in a cause formerly commenced between other two New Book of Entries verbo Resceit As if Tenant for life or years brings an Action he in the Reversion comes in and prayes to be received to defend the Land and to plead with the Demandant See Brook Tit. Resceit fo 205. and Perkins Dower 448. Resceit is also apply'd to an admittance of Plea though the controversie be onely between â—two Brook tit Estoppel Coke on Litt. fo 192. b. Resceit of homage Receptio Homagii Is the Lords receiving Homage of his Tenant at his admission to the Land Kitchin fo 148. See Homage Rescous Rescussus From the Fr. Rescousse i. Liberatio redemptio Is an illegal taking away and setting at liberty a Distress taken or a person arrested by Process or course of Law which is a Rescouse in Deed And where a man has taken a Distress and the Cattel distreined as he is driving them to the Pound happen to go into the House of the owner if he that took the distress demand them of the owner and he deliver them not this is a Rescous in Law Coke on Litt. lib. 2. ca. 12. Sect. 237. It is also used for a Writ which lies for this fact called Breve de rescussu whereof you may see both the form and use in Fitz. Nat. Br. fo 101. Reg. of Writs fo 125. and New Book of Entries verbo Rescous This in some cases is Treason upon matters of Treason and in some Felony in cases of Felony Cromp. Justice fo 54. b. Rescussor Is he that commits such a Rescous Crokes Rep. 2 Part fo 419. Reseiser Reseisire Is a taking again of Lands into the Kings hands whereof a general Livery or Ouster le main was formerly missued contrary to order of Law Stamf. Praerog 26. See Resumption Reservation Reservatio A providing for store as when a man departs with his Land but reserves or provides for himself a rent out of it for his own livelihood Sometimes it serves to reserve a new thing and sometimes to except part of the thing in esse that is granted See Perkins Reservations per totum Resiance Resiantia From the Fr. Reseant vel resseant i. Resident Signifies a Mans aboad or continuance in a place Old Nut. Br. fo 85. Whence also comes the participle resiant that is continually dwelling or abiding in a place Kitchin fo 33. It is all one in truth with residence but that custom ties this onely to persons Ecclesiastical Veteri autem jure nostro etiam Scotico aliud significat utpote morbum validum seu veteranum quo quis exire de suis aedibus prohibetur Essonium igitur quod de malo lecti nuncupatur hoc est excusatio quod ratione infirmitatis sistere se in foro non valeat essonium nuncupant de reseantisa Glanvile lib. 1. ca. 11. Quandoque intervenit Essonium ex infirmitate de reseantisa Ubi in margine notatur Essonium de reseantisa idem valet quod essonium de malo lecti Et Galli apertius dixerunt Exoine de mal resseant Spelm. Residence R 〈…〉 tia Is peculiarly used both in the Canon and Common-Law for the continuance or aboad of a Parson or Vicar upon his Benefice The defalt whereof except the party be qualify'd and dispensed with is the loss of ten pounds for every moneth Anno 28 Hen. 8. ca. 13. Resignation Resignatio Is used particularly for the yielding up a Benefice into the hands of the Ordinary otherwise called renunciatio by the Canonists And though it signifie all one in nature with the word Surrender yet it is by use restrained to the yielding up a Spiritual Living as aforesaid and Surrender to the giving up Temporal Lands into the hands of the Lord. And a Resignation may now be made into the hands of the King as well as of the Diocesan because he has Supremam Authoritatem Ecclesiasticam as the Pope had here in times past Plowden Casu Grâ—ndon fo 498. Resort or Ressort Fr. Is a word used properly in a Writ of Tayle or Cousenage as Descent is in a Writ of right In French it signifies the Authority or Jurisdiction of a Court. Salvo tamen tam ressorto quam aliis jure nostro jure etiam alieno Lit. Pat. Philip le Hardy R. Franc. Respectu computi vicecomitis habendo Is a Writ for the respiting a Sheriffs account upon just occasion directed to the Treasurer and Barons of the Exchequer Reg. fo 139 and 179. Respite Respectus Is used for a delay forbearance or continuation of time Praecipio tibi quod poni facias in respectum usque ad aliquem terminum competentem Glanvile lib. 12. ca. 9. in Brevi Regis Respite of Homage Respectus Homagii Is the forbearance of Homage which ought first of all to be performed by the Tenant holding by Homage but it had the most frequent use in such as held by Knight-service in Capite who did pay into the Exchequer every fifth Term some small Summ of Money to be respited the doing their Homage see the Stat. 12 Car. 2. ca. 24. whereby this Respite of Homage is taken away as a charge incident or arising from Knight-service c. Respondeat superior Where the Sheriffs are removable as in London for insufficiency respondeâ—t superior that is the Mayor and Commonalty of London Pur insufficiency del Bailiff d'un Libertie respondeat Dominus libertatis 44 Ed. 3. 13. See 4 Inst fo 114. Responsalis qui Responsum defert Is he that appears for another in Court at a day assigned GIanvile lib. 12. ca. 1. But Fleâ—a lib. 6. ca. 11. makes a difference between Atturnatum Essoniatorem Responsalem as if Essoniator came onely to alledge the cause of the parties absence be he the demandant or tenant and Responsalis came for the Tenant not onely to excuse his absence but to signifie what trial he meant to
imaginibus equitum in Sigillis posuerunt Arma sua in parvis Scutis Chron. Joh. Rossi in Bibl. Cotton Sealer Sigillator Is an Officer in the Chancery who is appointed by the Lord Chancellor or Keeper of the Great Seal of England to Seal the Writs and Instruments there made in his presence Seam Sax. See Seme Sean fish Anno 1 Jac. Ses 1. ca. 25. Seems to be that sort of Fish which is taken with a great long Net call'd a Sean Searcher See Alneger Sea-rover Anno 16 Car. 2. ca. 6. See Privateir Second Deliverance Secunda Deliberatione Is a Writ that lies after a return of Cattle replevied adjudged to him that distrained them by reason of a default in the party that replevied for the replevying the same Cattle again upon security put in for the redelivery of them in case the Distress be justified New Book of Entries verbo Replevin in Second Deliverance fol. 522. Vide Dyer fol. 41. num 4 5. Secta ad Curiam Is a Writ that iies against him who refuseth to perform his Sute either to the County or Court Baron Fitz. Nat. Br. fol. 158. Secta facienda per illam quae habet aeniciam partem Is a Writ to compel the Heir that hath the Elders part of the Coheirs to perform service for all the Coparceners Reg. of Writs fol 177. a. Secta Molendini Is a Writ lying against him that used to grind at the Mill of B. and after goes to another Mill with his Corn. Reg. of Writs fol. 153. Fitz. Nat. Br. fol. 122. But it seems by him that this Writ lies especially for the Lord against his Frank-tenant who held of him by making Sute to his Mill. See the New Book of Entries on this word Secta ad Molendinum and Assises of Nusance are now much turned into Trespasses and Actions upon the Case Secta ad justitiam faciendam Bracton lib. 2. cap. 16. num 6. Is a Service which a Man is bound by his Fee to perform Secta Shirarum Per Sectam Shirarum clamat esse quiet de secta in Com. Cestriae Flint coram Justic Domini Principis in Communi Aula placitorum Plac. in Itin. apud Cestriam 14 Hen. 7. Secta unica tantum facienda pro pluribus haereditatibus Is a Writ that lies for that Heir who is distrained by the Lord to more Sutes than one in respect of the Land of divers Heirs descended to him Reg. of Writs fol. 177. 4. Sectis non faciendis Is a Writ that lies for a Woman who for her Dower ought not to perform Sute of Court Reg. of Writs fol. 174. Secunda super oneratione Pasturae Is a Writ that lies where Admeasurement of Pasture hath been made and he that first surcharged the Common does it again notwithstanding the Measurement Reg. of Writs fol. 157. Old Nat. Br. fol. 73. Vide 13 Edw. 1. cap. 8. Secundary Secundarius A Second Officer who is next to the Cheif Officer As the Secundary of the Fine Office Secundary of the Compter who is next to the Sheriff of London in each of the two Compters Secundary of the Office of the Privy Seal Anno 1 Edw. 4. cap. 1. Secundaries of the Pipe two Secundary to the Remembrancers which are two Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quod se non divertat ad partes exteras sine Licentia Regis Is a Writ that lies for the King against any of His Subjects to stay them from going out of His Kingdom The ground whereof is That every Man is bound to serve and defend the Commonwealth as the King shall think meet Fitz. Nat. Br fol. 85. Securitate Pacis Is a Writ that lies for one who is threatned death or danger against him that so threatens and is taken out of the Chancery directed to the Sheriff whereof the form and farther use you may see in Reg. of Writs fol. 88. b. and Fitz. Nat. Br. fol. 79. Se Defendendo Is a Plea for him who is charged with the death of another saying He was forced to what he did in his own defence the other so assaulting him that if he had not done as he did he must have been in danger of his own life Which danger ought to be so great as that it appears to have been otherwise inevitable Stamf. Pl. Cor. lib. 1. cap. 7. And although he justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chancelor and forfeits notwithstanding his Goods to the King Seignior Dominus Fr. Seigneur Signifies generally as much as Lord but particularly it is used for the Lord of the Fee or of a Mannor as Dominus or Senior among the Feudists is he who grants a Fee or Benefit out of the Land to another and the reason is because as Hotoman says having granted the use and profit of the Land to another yet the property i. Dominium directum he still retains in himself Seignior in Gross See Lord in Gross Seignory Dominium Fr. Seigneurie i. Ditio Dominatus c. Signifies a Mannor or Lordship Seignorie de Sokemans Kitchin fol. 80. Seignorie in Gross seems to be the title of him who is not Lord by means of any Mannor but immediately in his own person As Tenure in Capite whereby one held of the King as of His Crown was Seignorie in Gross Idem fol. 206. Seignourage Anno 9 Hen. 5. stat 2. cap. 1. Seems to be a Regality or Prerogative of the King whereby He challengeth allowance of Gold and Silver brought in the Mass to His Exchange to be coyned Seisin Seisina Fr. Scisine Possession and Primier Seisin is the first Possession Seisin is twofold in Fact and in Law Perkins Dower 369 370. Seisin in Fact is When an Actual Possession is taken Seisin in Law is When something is done which the Law accounts a Seisin as an Inrolment Seisin in Law is as much as a right to Lands and Tenements though the owner be by wrong dâ—â—â—eised of them Perkins Tenant pur le Curtesie 457 478. Coke lib. 4. fol. 9. a. Calls it Seisin in Law or Seisin Actual Seisina habenda quia Rex habuit annum diem vastum Is a Writ that lies for Delivery of Seisin to the Lord of his Lands or Tenements who was formerly convict of Felony after the King in right of His Prerogative hath had the Year Day and Waste Reg. of Writs fol. 165. a. Selda From the Sax. Selde a Seat Stool or Settle Assisa Mensurarum Anno 9 Rich. 1. apud Hoveden Prohibemus ne quis mercator praetendat Seldae suae rubros pannos vel nigros vel scuta vel aliqua alia per quae visus emptorum saepe decipiuntur ad bonum pannum eligendum In Majoribus Chronicis ubi locus hic vertitur Selda Window exponitur says Spelman But by what follows it seems clearly to signifie a Shop Shed Standing or Stall Sciant praesentes futuri quod
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
Scite Situs The setting or standing of any place the Seat or Scituation of a Capital House or Messuage a Territory or quarter of a Country As we often find the Site of the late dissolved Monastery of i. The place where it stood The word is found in the Stat. 32 Hen. 8. ca. 20. 22 Car. 2. ca. 11. and is there written Scite Dedi Situm loci in quo domus sua sita est Mon. Angl. 2 Par. fo 278. b. Sithcundman Sax. Sithcundus custos paganus interpretatur Lamb. expl verb. pa. 5. Such a gentleman as had the Office to lead the men of a Town or Parish E classe nobilium erat says Somner Scyvinage Anno 27 Hen. 6. ca. 2. Signifies the precincts of Caleis Smalt Anno 21 Ja. ca. 3. and Pat. 16 Feb. 16. Ja. Ital. smalto Is that of which Painters make Blew Colour Smoke silver Tenemenium Newstede cum pertinen c. in villa de Staplehirst in Cam. Cant. tenetur de manerio de East-greenwich per fidelitatem tantum in libero Soccagio per Pat. dat 3 Febr. 4 Edw. 6. And by the payment for Smoke-silver to the Sheriff yearly the summ of six pence Notes for Lord Wootons Office 1628. There is Smoke-silver and Smoke-penny paid to the Ministers of divers Parishes conceived to be paid in lieu of Tithewood Or it may as in many places at this day be a continued payment of the Romescot or Peter-pence See Chimney-money Soc Sax. Signifies power authority or liberty to minister Justice and execute Lawes Also the Shire Circuit or Territory wherein such power is exercised by him that is endued with such a priviledge or liberty Whence our Law Latin word Soca for a Seignory or Lordship enfranchised by the King with the liberty of holding or keeping a Court of his Sockmen or Socagers i. His Tenants whose tenure is hence call'd Socage This kind of liberty is in divers places of England at this day and commonly known by the name of Soke or Soken Skene says Sok an old word used in Charters and Feoffments which are in sundry old Books containing the Municipal Laws of this Realm is called Seda de hominibus suis in Curia secundum consuetudinem regni c. See Bracton lib. 3. Tract 2. ca. 8. where he makes mention of these liberties Soc Sac Tol Team Infangthef Utfangthef LL. Hen. 1. ca. 22. Sive Sacam totaliter habent sive non Soca id quod Franchesiam dicimus i. Locus privilegiatus libertas immunitas refugium asylum sanctuarium a Sax. Socn socne haec ipsa significantibus Socage or Soccage Socagium From the Fr. Soc i. Vomer a Plowshare or Coulter Is a tenure of Lands by or for certain inferior or Husbandry services to be perform'd to the Lord of the Fee See Institutes of Common-Law 31. Bracton lib. 2. ca. 35. nu 1. Describes it thus Dici poterit Soccagium a Socco inde tenentes qui tenent in Soccagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tantummodo ad culturam quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebunt c. Skene sayes Soccage is a Tenure of Lawes whereby a man is infeoffed freely without Wardship or Marriage paying to his Lord some small rent c. which is called free-socage there was also base Soccage otherwise called Villenage Bracton adds Soccagium liberum est ubi fit servitium in donariis Dominis capitalibus nihil inde omnino datur ad scutum servitium Regis This free Soccage is also called common Soccage Anno 37 H. 8 ca. 20. Other divisions there are in our Law Writers of Soccage in Capite c. But by the Statute 12 Car. 2. ca. 24. all Tenures from and after 24 February 1645 shall be adjudged and taken for ever to be turned into free and Common Socage Socmans alias Sokemans Socmanni Are such Tenants as hold their Lands by Soccage Tenure But the Tenants in ancient Demean seem most properly to be called Socmans Fitz. Nat. Br. fo 14. b. Britton ca. 66. n. 2. Progenitores Simonis Bokeley omnia sua in Houcton per liberum Sokagium tunc tenebant quieti erant de Sectis Curiarum Consuetudinibus exactionibus demandis Lib. S. Albani Tit. Houcton ca. 1. The word Sokeman is found in the Statute of Wards and Relief 28 Edw. 1. Socna Sax. Socne A Priviledge Immunity Liberty or Franchise Volo ut ipsi sint eorum Sacae Socnae Theolonei etiam Teami privilegiorum scilicet jurium sic appellatorum digni intra tempus extra tempus c. Char. Canuti Regis in Hist Eccl. Cath. S. Pauli fo 189. See Soc. Socome signifies a Custom of grinding at the Lords Mill And there is Bond-Socome where the Tenants are bound to it and Love-socome where they do it freely out of love to their Lord. Soke Anno 32 Hen. 8. ca. 15. 20. Significat libertatem Curiae tenentium quam Socam appellamus Fleta lib. 1. ca. 47. Sect. Soke Soka hoc ect quod Prior habet sectam de homagiis suis ad Curiam suam secundum communem consuetudinem regni Angliae M. S. de libertat Priorat de Cokesford Per Soke Will. Stanley in manerio suo de Knottesford clamat cognitionem Placitorum debiti transgressionis conventionis detentionis infra summ 40 sol de aliis compactibus quibuscunque sine brevi Pl. in Itin. apud Cestriam 14 Hen. 7. Soke i. Aver Fraunche Court de ses homes MS. See Soc. Soken Soca See Soc and Hamsoken Sokereeve Seems to be the Lords Rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. Solda Pateat quod nos Johannes Romayne senior de Leominstr Johannes Romayne junior de eadem remisimus Johanni Meole vicario Ecclesiae de Wygemore Ricardo Bocerell Constabular Castri de Wygemore Fouke Sprengehose totum jus nostrum clamium in una Solda cum pertinenciis in Leominstr scituata in alto vico inter Soldam quondam Ricardi Spicer Soldam quae fuit Philippi Collinge c. Dat. 2. Octobre 19 Ric. 2. It seems to be the same with Solila a Shop or Shed Solet debet See Debet Solet Soletenant Solus tenens Is he or she that holds onely in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their Son Here the man dying the Lord shall not have Heriot because he dies not sole-tenant Kitchin fo 134. Solicitor Solicitator Signifies a man employ'd to follow and take care of Sutes dedepending in Courts of Law or Equity formerly allowed only to Nobility whose maenial servants they were but now too commonly used by others to the great increase of Champerty and Maintenance and Damage of the People Solidata terrae See Farding deal of Land Solidata signifies also the pay or stipend of a Souldier Et qui terram non
against the Steward or Marshal for holding Plee in his Court of Freehold or for trespass or contracts not made within the Kings houshold Fitz. Nat. Br. fo 241. Super Statuto de articulis Cleri ca. 6. Is a Writ against the Sheriff or other Officer that distrains in the Kings High-way or in the Glebeland anciently given to Rectories Fitz. Nat. Br. fo 173. Supervisor Lat. A Surveyor or Overseer It was anciently and still is a Custome among some especially of the better sort to make a Supervisor of a Will an Office or Title as it is now carelesly executed to little purpose and of as little use however the intendment may be good viz. That he should supervise the Executors and see the Testators will punctually performed Supervisor of High-wayes Anno 5 Eliz. ca. 13. Is otherwise called Surveyor See Surveyor Supplicavit Is a Writ issuing out of the Chancery for taking the surety of Peace against a Man It is directed to the Justices of Peace and Sheriff of the County and is grounded upon the Statute 1 Edw. 3. ca. 16. which ordains that certain persons shall be assigned by the Chancellor to take care of the peace See Fitz. Nat. Brev. fo 80. This Writ was of old called Breve de minis as Lam. in his Eiren. notes out of Reg. of Writs fo 88. Sur cui in vita Is a Writ that lies for the heir of that Woman whose Husband has alienated her Land in Fee and she brings not the Writ Cui in vita for the recovery of her own Land in this case her heir may have this Writ against the Tenant after her decease Fitz. Nat. Br. fo 193. Surcharge of the Forest Superoneratio Forestae Is when a Commoner puts on more Beasts in the Forest than he has right unto Manwood Par. 2. ca. 14. nu 7. and is taken from the Writ De secunda superoneratione pasturae in the same sence when the Commoner surchargeth 3 Inst fo 293. Surplusage Fr. Surplus i. Corollarium additamentum Signifies a superfluity or addition more than needs which sometimes is a cause that a Writ abates Brooke tit Nugation Superfluity fo 100. Plowden Casu Dives contra Maningham fo 63. b. It is sometime also apply'd to matter of account and signifies a greater disbursment than the Charge of the Accountant amounts unto Satisfaciant in omnibus quod conjunctum fuerit per praedictum computum inter eos de surplusagio recepto de averiis venditis c. Ordinatio de marisco Romeneiensi Pa. 38. Surrejoynder Is a second defence of the Plaintiffs Action opposite to the Defendants Rejoynder West Part 2. Symbol tit Supplications Sect. 57. And therefore Hotoman calls it Triplicationem quae est secunda Actoris defenfio contra Rei duplicationem appusita Surrebutter A second Rebutter or a Rebutting more then once See Rebutter Surrender Sursum redditio Is an Instrument in Writing testifying with apt words that the particular Tenant of Lands or Tenements for Life or Years does sufficiently consent and agree that he who hath the next or immediate Remainder or Reversion thereof shall also have the present estate of the same in Possession and that he yields and gives up the same unto him For every Surrender ought forthwith to give a possession of the thing surrendred West Par. 1. lib. 2. sect 503. where you may see divers Presidents And a Surrender may be of Letters Patent to the King to the end he may grant the estate to whom he pleaseth But there may be a Surrender without writing and therefore there is said to be a Surrender in Deed and a Surrender in Law The first is that which is really and sensibly performed the other is in intendment of Law by way of consequent and not actual Perkins Surrender fol. 60â— As if a Man have a Lease of a Farm and during the term he accept of a new Lease this Act is in Law a Surrender of the former Coke 6 Rep. fol. 11. b. There is also a Customary Surrender of Copihold Lands for which see Coke on Littl. sect 74. Surrogate Surrogatus One that is substituted or appointed in the room of another most commonly of a Bishop or the Bishops Chancellor Sursise Supersisae Seems to be an especial name used in the Castle of Dover for such Penalties and Forfeitures as are laid upon those that pay not their Duties or Rent for Castleward at their days Anno 32 Hen. 8. cap. 48. Bracton hath it in a general signification Lib. 5. tract 3. cap. 1. num 8. and Fleta lib. 6. cap. 3. Surveyor Supervisor Is compounded of two French words Sur i. Super and Veois i. Cernere intueri Signifies one that hath the over-seeing or care of some great persons Lands or Works As the Surveyor-General of the Kings Mannors Cromp Jurisd fol. 106. And in this signification it is taken Anno 33 Hen. 8. cap. 39. where there is a Court of Surveyors erected Surveyor of the Kings Exchange An. 9 Hen. 5. stat 2. cap. 4. Was an Officer whose name seems in these days to be changed into some other or the Office it self being very ancient legal and profitable for the Common-wealth disused Survivor from the Fr. Survivre i. Superesse Signifies the longer liver of two Joynt-tenants See Brook tit Joynt-tenants fol. 33. or of any two joyned in the right of any thing Suskin See Galli halfpence Suspense or Suspension Suspensio Is a Temporal stop or hanging up as it were of a Mans right as when a Seignory Rent c. by reason of the Unity of Possession thereof and of the Land out of which they issue are not in esse for a time tunc dormiunt but may be revived or awaked and differs from Extinguishment which dies for ever Coke on Littl lib. 3. cap. 10. sect 559. Brook tit Extinguishment and Suspension fol. 314. Suspension Is also sometimes used by us as it is in the Cannon Law Pro minori Excommunicatione Anno 24 Hen. 8. cap. 12. Suspiral from the Lat. Suspirare â—i Ducere suspiria Seems to be a Spring of Water passing under the Ground toward a Conduit or Cistern Anno 35 Hen. 8. cap. 10. Sute See Suite Sute-silver Is a small Rent or sum of Money which if paid does excuse the Freeholders from their appearance at the Court Barons within the Honor of Clun in Shropshire Swan-heard See Kings Swan-heard Swanimote or Swainmote Swainmotus From the Sax. swang i. as we now call our Rusticks A Countrey Swain a Boclandman A Freeholder and gemote i. Conventus the Sax. g being usually turned into i or y signifies a Court touching matters of the Forest kept by the Charter of the Forest thrice in the year before the Verderors as Judges Anno 3 Hen. 8. cap. 18. What things are inquirable in the same you may read in Cromp. Jurisd fol. 180. And is as incident to a Forest as a Court of Pâ—e powder to a Fair. See Lamberts Explication of Saxon words verbo
was anciently the duty of their Office Tea Anno 12 Car. 2. cap. 15. Is a kinde of potable liquor lately introduced in England from China and the East Indies and is made of the Leaf of a Shrub growing in those parts Team and Theame or Tem and Theme from the Sax. tyman i. Propagare to teem or bring forth Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor for the having restraining and judging Bondmen Neifs and Villains with their Childrens Goods and Chattels in His Court. THeme est quod habeatis totam generationem villanorum vestrorum cum corum Sectis catallis ubicunque inventi fuerint in Anglia Qui autem jurisdictionem habent bujusmodi curiani de Theme i. De nativis vel servis dicuntur babore in qua olim licuit inter caeteros cognoscere de statu vassalli sui utrum liber esset an servus Anonymus in MS. Theame says the Learned Spelman in the Laws of Edw. Conf. cap. 21. 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus sive intertiatis hoc est de vocatis ad Warrantiam See Glanvile lib. 5. cap. 2. And Glossarium in x. Scriptores Them i. Quod Prior habet totam generationem Villanorum suorum cum eorum secta catallis ubicunque in Anglia inventae fuerint Ex Registro Priorat de Cokesford Teinland Teinlanda Tainland Teimland vel Thainland quasi terra Thani vel nobilis thâ—n i. Minister Landa i. terra Breve Regis Willielmi junioris lib. Rames sect 178. Willielmus Rex Anglia W. de Cabuniis salutem Praecipio tibi ut facias convenire shiram de Ha 〈…〉 judicio ejus cognosce si terra de Isham â—â—ddidit sirmam Monachis Sancti Benedicti tempore Patris mei si ita invent fuerit sit in Dominio Abbatis Si verd Teinlanda tunc suisse invenietur qui eam tenet de Abbate te 〈◊〉 〈…〉 scat quod si noluerit eam Abbas in Dominio habeat vidâ— ne clamor inde amplius ad nos redeat Teste W. Episc Dunelm Where Teinlanda seems to signifie Terra haereditaria colonorum servituti non obnoxia In Domesday Land holden by Knights-service was called Tainland and Land holden by Soccage Keveland Coke on Littl. sect 117. Teirs Is the third part of a Pipe viz. Forry two Gallons See Tierce Teller Is an Officer in the Exchequer of which there are four whose office is to receive all Moneys due to the King and to give the Clerk of the Pell a Bill to charge him therewith They also pay to all persons any Money payable by the King by Warrant from the Additor of the Receipt and make weekly and yearly Books both of their Receipts and Payments which they deliver to the Lord Treasurer Telonium See Theloniâ—â— Templers or Knights of the Temple Templarii Was a Religious Order of Knighthood instituted about the year 1119. and so called because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem and not far from the Sepulchre of our Lord They entertained Christian-strangers and Pilgrims charitably and in their armor led them through the Holy Land to view the Sacred Monuments of Christianity without fear of Insidels This Order continuing and increasing for near Two hundred years was far spred in Christendom and particularly here in England But at length some of them at Jerusalem falling away as some Authors report to the Saracens from Christianity or rather because they grew too potent the whole Order was suppâ—â—ssed by Clemens Quintus Anno 1309. And by the Council of Vienna 1312. And their substance given partly to the Knights of Saint Johns of Jerusalem and partly to other Religious Cassan de gloria mundi par 9. Consid 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Seconds days till they were suppressed They had in every Nation a particular Governor whom Bracton lib. 1. cap. 10. calls Magistrum Militiae Templi The Master of the Temple here was summoned to Parliament 49 Hen. 3. m. 11. in Schedula And the cheif Minister of the Temple-Church in London is still called Master of the Temple Of these Knights read Mr. Dugdales Antiquities of Warwickshire fol. 706. In ancient Records they were also called Fratres Militiae Templi Solomonis Mon. Angl. 2 par fol. 554. b. Temporalties of Bishops Temporalia Episcoporum Are such Revenues Lands Tenements and Lay-Fees as have been laid to Bishops Sees by Kings and other great Personages of this Land from time to time as they are Barons of Parliament See Spiritualties of Bishops Tempus pinguedinis firmationis Et sciendum quod Tempus pinguedinis hic computatur inter Festum Beati Petri ad Vincula Exaltationem Sanctae Crucis Et Tempus firmationis inter Festum S. Martini Purificationem Beatae Mariae MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck the later of the Doe See Fermisona Tenancies Anno 23 Eliz. cap. 4. Are Houses for Habitation Tenements or places to live in held of another EDwardus illustris Regis Angliae primo genitus omnibus c. Salutem amorem Sciatis quod dedimus assignavimus in Tenenciam dilecto fideli nostro Yvoni Pauntun omnes terras cum suis juribus pertin quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele Tenendas ad nostrae beneplacitum voluntatis nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham quarto die Augusti manus prius posuerit ad easdem Et ideo vobis mandamus c. Dat. Cestriae 14 Augusti Anno Regni Domini Regis Patris nostri 49. Tend Seems to signifie as much as to endeavor offer or shew forth as to tend the estate of the party of the Demandant Old Nat. Br. fol. 123. b. To tend an Averment Britton cap. 76. Tender Fr. Tendre Signifies carefully to offer or circumspectly to endeavor the performance of any thing belonging to us as to tender Rent is to offer it at the time and place where and when it ought to be paid To tender his Law of Non Summons Kitchin fol. 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See Law see Make. Tenementis Legatis Is a Writ that lies to London or other Corporation where the Custom is that Men may demise Tenements as well as Goods and Chattels by their Last Will for the hearing any Controversie touching the same and for rectifying the wrong Reg. of Writs fol. 244. b. Tenent or Tenant Tenens Signifies him that holds or possesseth Lands or Tenements by any kinde of Right be it in Fee for Life Years or at Will Tenant in Dower is she that possesseth Land by vertue of her Dower Kitchin fol. 160. Tenant by Statute Merchant that holds Land by vertue of a
c. Reg. of Writs fo 293. b. Terra frusca Continens xl acras terrae fruscae pasturae c. Mon. Angl. 2 Par. fo 327. b. Fresh-land or such as hath not been lately plowed This is elsewhere written Terra frisca Terra nova Saepe legitur in Chartis feodalibus in sensualibus schedulis vel proterra noviter concessa vel noviter assarta Prior. Lew. pa. 1. Reddat pro nova terra 2 sol Spe 〈…〉 Terra vestita Is used in ancient Charters for Land sown with Corn. Terra sabulosa Lat. Gravelly or grossesandy land Et praedictae xxiiii acrae terrae valent per ann xiii sol iv denar non plus quia est terra sabulosa Inq. 10 Ed. 3. n. 3. Norf. in Turr. Lond. Terra puturata See Putura Terra lucrabilis Tam in Mora quam in terra lucrabili Marais cum omnibus piscariis suis Mon. Angl. 1 Par. fo 406. a. Land that may be gained from the Sea or inclosed out of a Wast to particular use Terra excultabilis Totam illam terram excultabilem quam habuit apud Norwicu 〈…〉 in Campis Mon. Angl. 1 Par. fo 426. b. Land that may be till'd or plow d. Terra culta Land that is Tilled or 〈◊〉 nured and terra inculta the contrary see Wacnoth Terrage Terragium Edward the Third granted by Patent to John of Gaunt and Blanch his Lady for their live quod sint qui 〈…〉 de Theolonio Savagio Passagio Lastagio Tallagi◠Carvagio Prisagio Pickagio Terragio which seems to be an exemption a Praecariis viz. Boons of Plowing Reaping c. and perhaps from all Land-Taxes Terrar Terrarium vel Catalogus ter 〈…〉 Is a Book Survey or Land-Roll wherein the several Lands either of a single person or of a Town are described containing the quantity of Acres boundaries Tenants names and such like Anno 18 Eliz. ca. 17. In the Exchequer there is a Terrar of all the Glebe-lands in England made about 11 Edw. 3. Terris bonis catallis rehabendis pest purgationem Is a Writ that lies for a C 〈…〉 to recover his Lands Goods or Chattels formerly seized on after he has cleer'd himself of that Felony upon suspition whereof he was formerly convict and deliver'd to his Ordinary to be purg'd Reg. of Writs fo 68. b. Terris liberandis Is a Writ that lies for a Man convicted by attaint to bring the Record and Process before the King and to take a Fine for his Imprisonment and to deliver him his lands and Tenements again and to release him of the Strip and Waste Reg. of Writs fo 232. a. Terris catallis tentis ultra debitum levatum Is a Writ Judicia for the restoring Lands or Goods to a Debtor that is distreined above the quantity of the Debt Reg. Jud. fo 38. b. Terre tenant Terrae tenens Is he who has the natural and actual possession of the Land which we otherwise call the Occupation Anno 39 Eliz. ca. 7. For example a Lord of a Mannor has a Freeholder who lets out his free-free-land to another this other having the actual possession Is called the terre-Terre-tenant West Par. 2. Symb. tit Fines Sect. 137. Cromp. Jurisd fo 194. Britton ca. 29. Perkins Feoffments 231. Ters See Tierce Tertian A Measure containing fourscore and four Gallons Anno 1 Rich. 3. ca. 13. 2 Hen. 6. ca. 11. So called because it is the third part of a Tun. Tertium denarium See Third-peny Testament Testamentum What it is in the common signification see in Will It was anciently used according to Spelman pro Scripto charta vel instrumento quo praediorum rerumve aliarum transactiones perficiuntur sic dictum quod de ea re vel testimonium ferret vel testium nomina contineret siquis contra hoc meae authoritatis Testamentum aliquod machinari impedimentum praesumpserit c. Charta fundationis Croylandiae ab Aethelbaldo Rege Anno Dom. 716. Testator Lat. He that makes a Testament See Swinborn of Wills and Testaments and see Will. Testatum Is a Writ in personal Actions As if the Desendant cannot be arrested upon a Capias in the County where the Action is laid but is returned non est inventus by the Sheriff This Writ shall be sent out into any other County where such person is thought to have whence to satisfie which is termed a Testatum because the Sheriff has formerly testified that the Defendant was not to be found in his Balywic See Kitchins return of Writs fo 287. b. Leste Is a word commonly used in the last part of every Writ wherein the date is contained which begins with these words Teste me ipso c. if it be an original Writ or if judicial Teste Johan Keeling Milite or Iohanne Vaughan Mil. according to the Court whence it comes Yet we read in Glanvile lib. 1. ca. 6. 13. lib. 2. ca. 4. The last Clause of an Original Writ to be Teste Radulpho de Glanvilla apud Clarendon c. and divers times in the Reg. of Writs Teste Custode Angliae as namely in the Title Prohibition fo 42. a. Consultation fo 54. b. Testimonial Anno 39 Eliz. 17. Is a Certificate under the hand of a Justice of Peace Testifying the place and time when and where a Souldier or Mariner landed and the place of his dwelling and birth unto which he is to pass c. or such like 3 Inst fo 85. Teston Anno 2 3 Ed. 6. ca. 17. A sort of Money which among the French did bear the value of 18 Denar and so perhaps formerly in England but in Henry the Eighths time being made of Brass lightly gilt with Silver it was reduced to 12 d and in the beginning of Edward the Sixth to 9 d afterterwards to 6 d. Thack-tile Anno 17 Edw. 4. ca. 4. otherwise called Plain-tile which are laid on the side of a House Thanage of the King Thanagium Regis Signify'd a certain part of the Kings Lands or Property whereof the Ruler or Governor was called Thane Domania Regis and Thanagia idem significant Sayes Skaene Thane or Theyn Thanus from th'Saxon thegen Signifies sometimes a Nobleman sometimes a Free-man sometimes a Magistrate but more properly an Officer or Minister of the King This appellation was in use among us after the Norman Conquest as appears by Doinesday and by a certain Writ of William the First Willielmus Rex salutat Hermannum Episcopum Stewinum Britwi omnes Thanos meos in Dorsestrensi pago amicabiliter MS. de Abbotsburi Skaene sayes it is the name of a Dignity equal with that of the Son of an Earl Cambden sayes They were enabled onely by the Office which they administred See Mills de Nobilitate fo 132. Theft Furtum Is an unlawful Felonious taking away another mans moveable and personable Goods against the owners will with an intent to Steal them which is divided into Theft simply so called and petit
nominant Travelyng-men c. Charta 22 Hen. 6. m. 34. n. 36. Item utimur quod nullus Vagabundus vagetur seu deambulet de nocte in villa seu suburbio ejusdem post pulsationem Campanae nostrae communis vocatae Coverfu Et si aliquis ibidem capiatur post pulsationem dictae Campanae ducatur ad Gaolam Domini Regis ibi morabitur usque in crastinum ut noticia personae suae habeatur emendas faciet ad voluntatem Balivorum Comburgensium per Balivos Capitales liberetur si hoc petat MS. Codex de Legibus Statutis Burgi-villae Mountgomer a tempore Hen. 2. Ualect Ualet or Uadelect Valettus vel valecta Qui juxta dominum vadit seu ministrat Fr Valet A Servitor or Gentleman of the Privy-Chamber according to Cambden In the accounts of the Inner-temple it is used for a Benchers Clerk or Servant The Butlers of the House corruptly call them Varlets In Reg. of Writs 25. b. Valettus If the Sheriff be a Vadelect of the Crown c. Coke on Lit. fo 156. Sciant Quod ego Henricus Comes Lancastriae Leicestr Senescallus Angliae Dendimus Dilecto Valetto nostro Johanni le Blount novem acras terrae cum pertin in Holland in Foresta nostra de Duffeld c. Dat. apud Hegham Ferrers 3 die Junii 5 Ed. 3. Penes Wal. Kirkham Blount Bar. Valet was anciently a name specially denoting young Gentlemen though of great descent or quality but now given to those of the rank of Yeomen Seldens titles of Honour fo 831. Ualue Valentia valor Is a known word but West gives us a nice difference betwixt value and price The value sayes he of those things in which offences are committed is usually comprized in Inditements which seems necessary in Theft to make a difference from petit Larceny and in Trespass to aggravate the fault and increase the Fine But no price of things ferae naturae may be expressed as of Deer Hares c. if they be not in Parks and Warrens which is a liberty Anno 8 Ed. 4. fo 5. nor of Charters of Land And where the number of the things taken are to be express'd in the Inditement as of young Doves in a Dove-house there must be said pretii or ad valentiam but of divers dead things ad valentiam and not pretii Of Coin not current it shall be pretii but of Coin Current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain c. Par. 2. Symbol tit Inditements Sect. 70. V. W. Ualor of Marriage Valore maritagii Was a Writ that lay for the Lord having profer'd Covenable Marriage to the Infant and he refusing it to recover the value of the Marriage Old Nat. Br. fo 90. but taken away by the Statute 12 Car. 2. ca. 24. Uantarius Praecursor As Vantarius Regis the Kings fore-foot-man Richardus Rockesle miles tenebat terras Seatoniae per Scriantiam esse Vantarium Regis in Gascoign donec perusus fuit pari solutarum precii 4 d. i. dum trivisset par calceorum pretii 4 d. Rot. de Finibus Term. Mich. 2 Ed. 2. Uariance From the Fr. Varier i. Alterare Signifies an alteration or change of condition after a thing done As the Commonalty of a Town make a composition with an Abbot and after obtain Bailiffs by grant from the King In this case if the Abbot commence any Sute for breach of the composition he must vary from the word Commonalty set down in the Composition and use Bailiffs and Commonalty Brook tit variance fo 292. It is also used for an alteration of something formerly laid in a Plea See Variance in the New Book of Entries Uarlets By a Repealed Statute of 20 Rich. 2. cap. 2. were used for Yomen or Yomen-servants See Valects and the Statute 3 Car. 1. ca. 4. Will. Hunt Varlet del Chambre nostre Seigneur le Roy. Claus 12 Rich. 2. M. 43. in dorso Uaslet Vaslettus Concordia inter Regem Radulphum de Normanvil viz. quod Rad. tenebit in servitio Regis Geroldum Radulphum milites filios suos quamdiu guerra sua duraverit per sic quod Rex ei remittat CC. Marcas quas debebant Regi Johanni de Fine pro redemptione dicti Geroldi per sic deberetur Thomas filius dicti Radulphi Vaslettus in custodia Regis qui similiter morabatur in servitio Regis cum praedictis Geroldo Radulpho fratribus suis Pat. 1 Hen. 3. in dorso M. 13. It seems here to signifie a Ward See Valect Uassal Vassallus From the Germ. Gessel i. Comes qui mercede servit Signifies him that holds Land in Fee of his Lord we call him more usually a Tenant in Fee whereof some owe fidelity and service and are called vasalli jurati But the word being little used in our Law Books make me waive that enlargement which Cowel makes upon it Uasto Is a Writ that lies for the Heir against the Tenant for life or years for making waste or for him in the reversion or remainder Fitz. Nat. Br. fo 55 See the Statute 6 Ed. 1. ca. 5. Uavasor alias Ualvasor Is one who in dignity is next a Baron Cambd. Brit. pa. 109. Bracton lib. 1. ea 8. sayes thus of them Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur vavasores viri magnae dignitatis vavasor enim nihil melius dici poterit quam vas sortitum ad valetudinem Rex c. Ballivis Petri de Pratellis de Insula Gerse Gernse c. volumus quod Episcopi Abbates Abbatissae Clerici Milites vavassores alii qui redditus tenementa habent in Insula Gersey c. quintam partem reddituum suorum unius anni c. praebeant ad sustentandum milites servientes qui praedictas Insulas defendunt Pat. 5 Joh. M. 7. See more of these in the learned Spelmans Gloss Uavasorie Vavasoria The Lands that a Vavasor held Quod dicitur de Baronia non est observandum in Vavasoria vel aliis minoribus feodis quam Baronia quia caput non habent sicut Baronia Bract. lib. 2. cap. 39. Ueal-Money or Ueal noble Money The Tenants of one of the Tithings within the Mannor of Bradford in Com. Wilts pay a yearly Rent by this name to their Lord the Marquess of Winchester which is in lieu of Veal paid formerly in kinde Uejours Visores from the Fr. Veoir i. Cernere intueri Are those that are sent by the Court to take view of any place in question for the better decision of the right Old Nat. Br. fol. 112. So Bracton uses it Lib. 5. tract 3. cap. 8. It signifies also those that are sent to view such as Essoign themselves De malo lecti whether they are in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. 14. Lastly
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See yard-Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
mansionum connexione quod in oppidis potius expetendum esset successivis temporibus villis postea introductum est Spelman Vill and Parish shall be intended all one 2 Part Crokes Rep. Wreys Case fo 263. yet there may be two Vills in one Parish idem fo 120. Storks Case Uillain Villanus Fr. Vilain i. Illiberalis vilis impurus Signifies a Bondman of which there were two sorts in England one termed a Villain in gross who was immediately bound to the person of his Lord and his heirs the other a Villain regardant to a Mannor whom the Civilians term Glebae adscriptitium being bound to their Lord as Members belonging to and annexed to a Mannor whereof the Lord was owner Sir Thomas Smith Repub. Angl. lib. 3. ca. 8. Old Nat. Br. fo 8. Bracton lib. 1. ca. 6. num 4. He was properly a pure Villain of whom the Lord took redemption to marry his Daughter and to make him free and whom the Lord might put out of his Lands and Tenements Goods and Chattels at his will and beat and chastise but not maim him There are not properly any Villains now though the Law concerning them stands un-repealed We have rarely heard of any Case of Villenage since Crouches Case in Dyer See Preface to Rolls Abridgment Servorum enim Nativorum apud nos sublata est conditio quas ideo possidebant terras vel praedia hodie libere tenent sub antiquae servitutis consuetudinibus Spel. Omnibus Frater Mathaeus Abbas de Halesoweign Conventus ejusdem loci salutem Noveritis nos unanima voluntate concensu fecisse Johannem del Grene de Rug eakur liberum cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis Ita vero quod praefatus Johannes cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis ab omni jugo servitutis liberi maneant imperpetuum In cujus â—ei testimonium huic literae libertatis sigillum nostrum apposuimus Dat. 31 Ed. 3. Ex ipso Autographo penes Johannem Winsord Mil. Uillanis Regis subtructis reducendis Was a Writ that lay for the Soringing back of the Kings Bondmen that had been carryed away by others out of his Mannors whereto they belonged Reg. of Writs fo 87. b. Uillanous Judgment Villanum Judicium Is that which casts the reproach of villany and shame upon him against whom it is given as a Conspirator c. Stamf. Pl. Cor. lib. 3. ca. 12. fo 175. which Lam. in his Eiren. lib. 1. ca. 13. pa. 63. calls villanous punishment and sayes it may well be called villanous because the Judgment in such a case shall be like the ancient Judgment in Attaint as it is said Anno 4 Hen. 5. Fitz. Judgment 220 and in 27 lib. Assis pl. 59. is set down to be that they shall not be of any credit afterward nor lawful for them in person to approach the Kings Court and that their Lands and Goods be seised into the Kings hands their Trees rooted up and their Bodies imprisoned c. And at this day the punishment appointed for Perjury having somewhat more in it then corporal or pecuniary pain strotching to the discrediting the testimony of the Offendor for ever may be partaker of this name This and such like is elsewhere termed vile odibile Judicium See Pillory Uillein fleeces Anno 31 Edw. 3 ca. 8. Are bad fleeces of Wool that are shorn from scabb'd Sheep Uillenage Villenagium Signifies a servile kind of tenure of Lands or Tenements whereby the Tenant was bound to do all such services as the Lord commanded or were fit for a villain to perform ubi sciri non poterit vespere quale servitium fieri debet mane Bracton lib. 2. ca. 8. num 3. The division of Villenage was villain of Blood and of Tenure Tenure in Villenage could make no Freeman villain if it were not continued time out of mind nor free land make villain free Villenage is also divided by Bracton ubi supra into Purum villenagium a quo praestatur servitium incertum indeterminatum as above is said and Villenagium Soccagium which was to carry the Lords Dung into his Fields to plow his ground at certain dayes Sow and Reap his Corn c. and even to empty his Jakes as the Inhabitants of Bickton were bound to do those of Clun Castle in Shropshire which was afterwards turned into a Rent now called Bicton silver and the villanous service excused Placita de Banco a die Pasche in 15 dies 34 Hen. 3. Rot. 20 Berks. WIll Maynard qui tenuit terras in Heurst cognoscit se esse Villanum Abbatis de Abbendon tenere de eo in Villenagio per villanas consuetudines viz. per servitium 18 d. per annum dandi Maritagium Marchetum pro filia sorore sua ad voluntatem ipsius Abbatis faciendo omnes villanas consuetudines Copyholders or Tenants by Copy is but a new name for anciently they were called Tenants in Villenage or of base Tenure Fitz. Nat. Br. fo 28. C. Uinnet Anno 14 Car. 2. ca. 33. A kind of flower or border with which Printers use to garnish printed leaves Uirgata terrae Al. Virga terrae A Yard-land MS. Codex Decem acrae terrae faciunt secundum antiquam consuetudinem unam ferdellam quatuor ferdellae faciunt virgatam See Yardland Uiridario eligendo Is a Writ that lies for the choice of a Verderor in the Forest Reg. of Writs fo 177. Uirilia A mans privy-members the cutting off of which was Felony by the Common-Law according to Bracton lib. 3. fo 144. whether the party consented or not Henricus Hall A. uxor ejus capti detenti in prisona de Evilchester eo quod rectati fuerint quod ipsi absciderunt virilia Johannis Monacbi quem idem Henricus deprehendit cum praedicta A. uxore ejus Rot. Claus 13. Hen. 3. m. 9. Uirga ferrea Sciant quod ego Hamundus Urri dedi Nich. filio Edde pro viii 5. sterlingis quos mihi dedit prae manibus unam placetam terrae meae in vico versus Dustelee quae jacet inter terram meam terram Philippâ— filiâ— Heylin cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium totidem aretro c. Ex libro Cart. Prior. Leominstr This was so many yards according to the Kings Standard in the Exchequer which anciently was of Iron now Brass Uisitation Visitatio Is that Office or Action which is perform'd by the Bishop in every Diocess once in every three years or by the Arch-deacon once a year by visiting the Churches and their Rectors c. Ut populus illorum curae commissus salubriter a pastoribus ordine gubernetur Reform Leg. Eccles fo 124. Ne quid detrimenti capiat Ecclesia sayes another Author Uisitation of Manners Visitatio
contributione Spelm. Warectum terra warecta Fr. Terre garee Land that has been neglected and long untill'd also Fallow ground Tempus warecti in ancient Records signifies the time wherein Land lies Fallow the Fallow year or season for Fallowing Land In Warectis in brueriis in boscis in mariscis in defensis et in omnibus terris c. Mon. Angl. 2. Par. fo 253. a. xxv acras uno quoque anno ad seminandum et totidem ad Warectandum Idem 1. Par. fo 525. b. See Yvernagium Waren VVarenna from the Germ. Wahren i. Custodire Is a Franchise or place priviledg'd either by prescription or grant from the King to keep Beasts and Fowle of VVaren which are Hares and Conies Partridges and Feasants If any person offend in such Free-waren he is punishable for the same by the Common-Law and by Statute 21 Ed. 3. called the Statute de malefactoribus in parcis et chaceis c. Videtur tamen Justiciariis hic et Concilio Dom. Regis quod Capreoli sunt bestiae de Warenna et non de Foresta eo quod fugant alias bestias de Warenna Hill An. 13 Ed. 3. Ebor. Rot. 136. Warnoth Inter Record de Recept Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege I find it to be an ancient Custom whereby if any Tenant holding of the Castle of Dover faild in paying his Rent at the day he should forfeit double and for the second failer treble c. And in Mon. Angl. 2. Par. fo 589. a. Terris cultis terris de Warnoth War-scot Was the contribution that was made towards Armor or War in the Saxons time Sint omnes tam primarii quam mediocres et minuti immunes liberi et quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et forinsecis querelis LL. Forest Canuti Regis num 9. UUarwit See VVardwite Waste Vastum Sax. waest Hath divers significations first it is a spoil made either in Houses Woods Lands c. by the Tenant for life or years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168 c. Whereupon the Writ of Waste is brought for recovery of the thing wasted and trebble damages See Vasto Waste of the Forest is most properly where a Man cuts down his own Woods within the Forest without Licence of the King or Lord Cheif Justice in Eyre See Manwood 2 Part cap. 8. num 4 5. Secondly Waste is taken for those Lands which are not in any one Mans occupation but lie common which seem to be so called because the Lord cannot make such profit of them as he does of his other Lands by reason of that use which others have of it in passing to and fro Upon this none may build cut down Trees dig c. without the Lords Licence Thirdly Year day and Waste Annus Dies Vastum Is a punishment or forfeiture belonging to Petit-Treason or Felony whereof you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year Day and Waste Waste-ground Vastus fundus Is so called because it lies as Waste with little or no profit to the Lord of the Mannor and to distinguish it from the Demesns in the Lords hands 2 Part Inst fol. 656. See Waste Wastors Anno 5 Edw. 3. cap. 14. Were a kinde of Theeves so called There have béen says the Statute divers Man-slaughters Felonies and Robberies done by People called Roberdsmen Wastors and Draw-latches 4 Hen. 4. cap. 27. Wastel Bread Anno 51 Hen 3. Statute of Bread Forte a Uasten Belgis jejunare unde illis Wastelavond Shrovetide Vox autem unde veniat non liquet says the Gloss in x. Scriptores See Cocket Water-bailiffs Seem to be Officers in Port-Towns for the searching of Ships Anno 28 Hen. 6. cap. 5. Also an Officer so called belonging to the City of London who hath the supervision and search of Fish brought thither and the gathering of the Toll rising from the Thames He also attends on the Lord Major for the time being and hath the principal care of Marshalling the guests at his Table and doth Arrest Men for debt or other personal or criminal Matters upon the River of Thames by Warrant of his Superiors Watergage Watergagium Aquagagium A Sea-wall or Bank to stop or restrain the current or overflow of the Water also an Instrument to gage or measure the profundity or quantity of any Waters Watergang Watergangium Sax. waetergang i. Decursus aquae A Trench Trough or Course to carry a Stream of Water Such I conceive as are usually made in Sea-walls to loose and drain Water out of the Marshes Some Authors confound this with Watergage but they seem to have different significations Carta Hen. 3. De Ordinatione Marisci de Romency c. Ad reparandum Wallias Watergangias eiusdem Marisci contra Maris periculum Omnibus Balivis de Besintone Robertus de Curci salutem Mando vobis atque praecipio quatenus justicietis meos homines de Snargate ut faciant Wallas Watergangas clausuras Wallarum sicut debent facere si facere noluerint tum justicietis illos ut faciant c. Mon. Angl. 2 par fol. 920. b. Watergavel Henricus Rex salutem Sciatis nos dedisse dilecto fide li nostro Huberto de Burgo Comiti Kantiae Margariae uxori suae redditum xxxii s. iv d. quem homines eorundem Huberti Margariae de Manerio suo de Elmour nobis reddere solebant singulis annis per manum Balivi nostri de Menstreworth nomine Watergavel Habend c. Dat. 15 Hen. 3. This was a Rent paid for fishing in or other benefit received from some River or Water Watlingstréet Anno 39 Eliz. cap. 2. Is one of those four ways which the Romans are said to have made here and called Consulares Praetorias Militares Publicas This Street is otherwise called Werlamstreet and leads from Dover to London Donstable Touceter Atterston and the Severn near the Wrekyn in Shropshire extending it self to Anglesey in Wales The second is called Ikenildstreet stretching from Southampton over the River Isis at Newbridge thence by Camden and Litchfield then it passeth the River Derwent near Derby so to Bolesover Castle and ends at Tinmouth The third was called Fosse because in some places it was never perfected but lies as a large Ditch leading from Cornwal through Devonshire by Tetbury near Stow in the Wolds and besides Coventry to Leicester Newark and so to Lincoln c. The fourth was called Ermin or Erminage-street stretching from S. Davids in West-Wales unto Southampton See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini or Four Publick Ways had the priviledge of Pax Regis Waxshot or Waxscot Ceragium Tributum quod in Ecclesiis pendebatur ad subministrationem cerae luminarium Wax cera Shot