dishonour of the King and his Crown and discredit of the Law that any person by birth and oath obliged to the obedience of the King and his Laws should presume of his own authority by Force and strong hand to resist them both by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein therefore divers Statutes have been made for the restraint and reformation of these Abuses as among others the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements but in case where Entry is given by the Law and then not with strong hand or with a multitude of people but onely in a peaceable manner See more of this in Po â— lt de pace Reg. f. 34. 35 c. Degrading DEgrading See Disgrading Delegates ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial in which sentence was given Demaines DEmaines or Demesnes generally speaking are all the parts of any Mannor which are not in the hands of Freeholders though they be held by Copy-holders Lessees for years or for life as well as Tenants at will And the reason why Copyhold is accounted Demesnes is because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands yet in common speech that is ordinarily called Demesnes which is neither free nor copy And this word Demesne is sometimes used in a more special signification and is opposite to Frank-fee as those Lands which were in the possession of Edward the Confessor are called Ancient demesne and all others are called Franck-fee Kitch fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn the other Tenants in Frank-fee And no common person hath any Demesnes in the simple acceptation of the word because there is no Land but depends mediately or immediately of the Crown that is of some Honor or other belonging to the Crown and not granted in fee to any inferiour person and therefore when a man in pleading will signifie his Land to be his own he saith That he is or was seised thereof in his Demesne as of Fee Littleton f. 3. whereby it appears that though his Land be to him and his Heirs for ever yet it is not true Demesne but depending upon a superiour Lord and holding by Service or Rent in lieu of Service or by Service and Rent together Demaines according to the common speech are only understood the Lords chief Mannor-place which he and his Ancestors have time out of mind kept in their own hands with all buildings and houses meadows pastures woods arable lands and such like therewith occupied Demand DEmand is a word of art and if one release to another all Demands this is as Littleton fol. 117. a. saith the best Release to him to whom the Release is made that he can have and shall most enure to his advantage for by it not onely all Demands but also all causes of Demands are released And there are two manner of Demands that is in Deed and in Law In Deed as in every Praecipe there is expresse Demand and therefore in real Actions he is called Demandant in personal Plaintiff In Law as every Entry in Land Distresse for Rent Taking or seisure of Goods and such like acts in the Countrey which may be done without any words or demands in Law As a Release of Suits is more large then a Release of Quarrels or of Actions so a Release of Demands is more large and beneficial than either of them for by it is released all that which by the others is released and more By Release of all Demands all Freeholds and Inheritances executory are released By Release of all Demands to the Dissetsor the right of the Entry in the land and all that is contained therein is released By Release of all Demands all Executions are released and he that releases all Demands excludes himself from all Actions Entries and Seisures Littleton fol. 170. holds That if Tenant in tail enfeoffs his Vncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed releases to the Vncle all manner of Demands by such Release the Warranty which is a Covenant real and executory is extinct and the reason is because that by Release of Demands all the means and remedies and their causes which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest it self unto the thing Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded neither in Deed nor in Law but lie only to relieve the Plaintiff by way of Discharge and not by way of Demand as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry and so of such like See 18 Edw. 3. 59. Coke lib. 8. fol. 153 154. Demandant DEmandant is he that sues or complains in an Action real for Title of land and he is called Plaintiff in an Assise and in an Action personal for Debt Trespass Deceit Detinue and such like Demurrage IS called the time when a Shi â— lies idle in a Port or Harbour or on the Sea in a Calm Demurrer DEmurrer is when any Action is brought and the Defendant pleads a Plea to which the Plaintiff says that he will not answer for that it is not a sufficient Plea in the Law and the Defendant avers the contrary that it is a sufficient Plea and thereupon both parties submit the Cause to the Iudgement of the Court which is called a Demurrer for that they go not forward in pleading but rest upon Iudgement in that point and is called in Latine Records Moratur in Lege For in every Action the difference consists either in Deed or in Law If in Fact it is tried by the Iury if in Law then the matter is either plain or difficult and rare if it be plain then Iudgment is presently given but when it is hard and doubtfull then is stay made and time taken either to consider farther thereupon by the Iudges to agree if they can or otherwise for all the Iustices to meet together in the Exchequer-Chamber and upon hearing of that which the Serjeants shall say unto both parts to advise and determine what is Law and that which is there concluded on by them shall stand firm without further remedy There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue Plo. Com. 2. 3 Rast Entr. 607. Half bloud HAlf bloud is when a man marries a wife and hath issue by her a son or daughter and the wife dies and then he takes another woman and hath by her also a son or daughter Now these two sons are after a sort Brothers or as they are termed Half-brothers or Brothers of the half
only But the Gardian in Socage hath the profit only to the use of the Heir until he accomplish the age of 14 years and must yield therefore an account to the Heir See more hereof Littleton lib. 2. cap. 4 5. and Stamford upon the Statute of Prerogat cap. 1 2 6. Church-wardens CHurch-wardens are Officers chosen in every Parish to have the care and custody of the Church Goods and they may have an Action for the Goods of the Church and divers other things they may do for the benefit of the Church and by the Statute of 43 Eliz. cap. 2. they are to joyn with the Overseers for the making of Rates and other Provisions for the Poor of the Parish Gardian of the Spiritualties GArdian of the Spiritualties by the general Law is the Dean and Chapter of the Diocess unless there be a Custom that the Arch-bishop of the Province should be the Gardein sede vacante His office is to hold Courts prove Wills grant Administrations and supply the Bishops room Garnishment GArnishment If an Action of Detinue of Charters be brought against one and the Defendant saith that the Charters were delivered to him by the Plaintiff and by another upon certain Conditions and prays That the other may be warned to plead with the Plaintiff if the Conditions be performed or no and thereupon a Writ of Scire facias shall go forth against him this is called Garnishment and the other when he comes shall plead with the Plaintiff and that is called Enterpleader Garranty GArranty is when one is bound to another who hath Land to warrant the same to him which may be two ways that is by Deed of Law As if one and his Ancestors hath held Land of another and his Ancestors time out of mind by Homage which is called Homage Auncestrel Or by Deed of the party who grants by Deed or Fine to the Tenant of the Land to Warrant it to him upon which if the Tenant be impleaded by him who ought to warrant or his Heirs the Tenant shall bar the Demandant by pleading the Warranty against him which is called Rebutter or if he be impleaded by another in an Action wherein he may vouch he shall vouch him who warranted or his Heirs and if the Plaintiff recover the Tenant shall recover in value against the Voucher Garranty is of three sorts that is Garranty Lineal Garranty Collateral and Garranty that begins by Disseisin Warranty Lineal is where a man seised in fee or in tail makes a Feoffment to another and binds him and his heirs to Warranty and hath issue a son and dies and the warranty disceuds to his son For if no Deed with Warranty had been made then the right of the Lands should have discended to the son as heir to his father and he shall convey the Discent from the father to the son But if Tenant in tail discontinues the tail and hath issue and dies and the Vncle of the Issue releases to the Discontinuee with Warranty c. and dies without issue this is a Collateral Warranty to issue in tail for that the Warranty discends upon the Issue who may not convey himself to the tail by mean of his Vncle. And in every Case where a man demands Lands in fee-Fee-tail by Writ of Formedon if any Ancestor of the Issue in tail makes a Warranty and he that sues a Writ of Formedon by possibility of matter that may be done conveys to him Title by force of his Gift that made the Warranty c. that is then a Lineal Warranty whereby the Issue in tail shall not be barred except he have Assets to him discended in Fee-simple But if he may not by any possibility convey to him Title by force of his Gift that made the warranty then that is a Collateral Warranty and thereby the Issue in tail shall be barred without any Assets And the cause that such a Collateral Warranty is a Bar to the Issue in the tail is for that all Warranties before the Statute of Gloucester which discended to those who are Heirs to the warrantors were Bars to the same Heirs to demand any Lands except the warranties that began by Disseisin and for that the said Statute hath ordained That the warranty of the Father shall be no Bar to his Son for the Lands which come by the Heritage of the Mother nor the Warranty of the Mother shall be no Bar to the Son for the Lands which come by the Heritage of the Father and neither the Stat. 11 H. 7. cap. 20. nor any other Statute hath ordained any remedy against any other Collateral Warranty therefore such Warranty is yet in force and shall be a bar to the Issue in tail as it was before the Statute And it behoves that every Warranty whereby the Heir shall be barred discend by course of the Common Law to him who is Heir to the Warrantor else it shall be no Bar for if the Tenant in Tail of Lands in Borough English where the youngest son shall Inherit by the Custome discontinues the tail and hath Issue two sons and the Vncle releases to the Discontinuee with Warranty and dies and the younger Son brings a Formedon yet he shall not be barred by such Warranty causa qua supra And if any man make a Deed with Warranty whereby his Heir should be barred and after the Warrantor be attaint of Felony his Heir shall not be barred by such Warranty for that such Warranty cannot discend upon him the blood being corrupt Warranty beginning by Disfeisin is if the son purchase Lands and let them to his Father for years and the Father by the Deed infeoffs a stranger and binds him and his Heirs to Warranty and the Father dies whereby the warranty discends to the son yet this warranty shall not bar the son but the son may well enter notwithstanding because this Warranty began by Disseisin when the Father made the Feoffment which was a Disseisin to the son And as it is said of the Father so it may be said of every other Ancestor And the same Law is if the Ancestor be Tenant by Elegit or by Statute-Merchant and make a Feoffment with warranty such Warranties shall be no Bars because they begin by Disseisin Garranty of Charters GArranty of Charters is a Writ that lies where any Deed is made that comprehends a clause of Warranty that is to say Dedi or Concessi or this word Warrantizabo and if the Tenant be impleaded by a Stranger in Assise or such Action where he may not vouch to warranty then he shall hate this Writ against his Feoffor or his Heir and if the Land be recovered against him he shall recover as much Land in value against him that made the Warranty But this Writ ought to be sued depending the first Writ against him else he hath lost his advantage Also upon a Warranty in the Law as upon Homage auncestrel or upon Rent reserved upon a Lease for Life or a
See Yard-land Viscount VIscount is either the name of a degree or State of Honour under an Earl and above a Baron or else the name of a Magistrate and an Officer of great Authority whom we commonly call Sheriff or to speak more truly Shire reve and was at the first called Shire gereve that is the Keeper of the Shire or the Reeve or Ruler of the Shire for Gereve is derived of the Saxon word Gerefa i. a Ruler And hereof comes Portreve or Portgreve a name in old time given to the head Officer of a Town and signifies the Ruler of the Town for that Port coming of the Latine word Portus signifies a Port-town and Greve being derived as aforesaid signifies a Ruler so that Portgreve or as we now shorter speak a Portreve is the Ruler of the Town And thus was the Head Officer or Governor of the City of London long since before they had the name of Mijor or Bayliffs called as it doth appear in divers old Menuments but chiefly in the Saxon Charter of William the Conquerour which begins thus William the King greeteh William the Bishop and Godfrey the Portreve and also the Citizens that in London be c. So also they of Germany from whom we and our Language first came call one Governor Burgreeve another Margreeve and another Lansgreeve with such like c. Thus much is said only to shew the right Etymon and Antiquity of the word Sheriff to which Officer our Common Law hath always given so great Trust and Authority as to be a special Preserver of the Peace And therefore all Obligations that he takes to that end are Recognisances in Law He is a Iudge of Record when he holds the Leets or Turns which are Courts of Record Also he hath the Execution and Return of Writs and impannelling of Iuries and such like c. Uncore prist UNcore prist is a Plea for the Defendant in Debt upon an Obligation who being sued because he did not pay the Debt at the day pleads to save the Forfeiture that he rendred the money at the day and place and that no Body was there to receive it and says over That he is yet ready to pay it And where a man ought to plead over that he is yet ready and where not see in Perkins sect 783 784. Coke 9 book fol. 79. a b in Peyto's Case Volunt VOlunt is when the Tenant holds at the Will of the Lessor or Lord and that is in two manners One is when I make a Lease to a man of Lands to hold at my Will then I may put him out at my pleasure but if he sow the Ground and I put him out then he shall have his Corn with egress and regress till it be ripe to cut and carry it out of the ground Such Tenant at Will is not bound to sustain and repair the House as Tenant for years is But if he make wilful waste the Lessor shall have against him an Action of Trespass Also there is another Tenant at Will of the Lord by Copy of Court-Roll according to the Custome of the Mannor and such a Tenant may surrender the Land into the hands of the Lord according to the Custom to the use of another for Life in fee or in tail and then he shall take the Land of the Lord or his Steward by Copy and shall make Fine to the Lord. But if the Lord put out such a Tenant he hath no remedy but to sue by Petition And if such a Tenant will implead another of the Lands c. he ought to enter a Plaint in the Court and shall declare in the nature of what Writ he will as the case lies Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man and another ought to warrant the Land to the Tenant then the Tenant shall vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by which he may be summoned then there shall go forth a Writ called Sequatur sub suo periculo And when he comes he shall plead with the Demandant And if he come not or if he come and cannot bar the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad Valentiam against the Vouchee See more of Voucher before in the Title of Garranty Uses USes of Land had beginning after the Custom of Property began amongst men as where one being seised of Lands in Fee-simple made a Feoffment to another without any Consideration but only meaning that the other should be seised to his Use and that he himself would take the Profits of the Lands and that the feoffee should have the Possession and Franktenement thereof to the same use c. Now after this upon good Considerations and to avoid divers Mischiefs and Inconveniences was the Statute of An. 27 H. 8. c. 10. provided which unites the Use and possession together so that he who hath the Use of the Land hath the Possession thereof according to the Vse he hath therein by virtue of that Statute Usurpation USurpation is most commonly used when any one presents a Rector or Vicar to a Church without a good Title Stat. Westm 2. cap. 5. Co. 6. Rep. 51. 11 Rep. 33. Usury USury is a Gain of any thing above the Principal or that which was lent exacted only in Consideration of the Loan be it as well Corn Meat Apparel Wares or such like as Money And here much might be said and many Cases put concerning Vsury which of purpose I omit only I wish they who account themselves Religious and good Christians would not deceive themselves by colour of the Statute of Usury because the Statute saith that it shall not be lawful for any to take above xi pound in the C. l. for a year c. whereby they gather though falsly that they may therefore take six pounds for the Loan of an Hundred pounds with a good Conscience because the Statute doth after a sort dispense with it because it doth not punish such taking For God will have his Decrees to be kept inviolable who saith Lend looking for nothing thereby c. by which words is excluded either the taking of vi l. v. l. yea or one peny above the Principal But rather let such think that Statute was moved upon like cause that moved Moses to give a Bill of Divorce to the Israelites as namely to avoid a greater mischief and for the hardness of their hearts And the Statute of 21 Jac. cap. 17. hath expresly Ordained That no word in that Law shall be Construed and Expounded to allow the practice of Vsury in point of Religion or Conscience By the Statute of 13 Eliz. c. 8. the Loan of Money was at 10 l. per Cent. by
therefore those Officers in the Forest that thus take in Cattel and gather the money for the Feed of them are called Agistors and the feed or herbage of the Cattel is called Agistment which in a large signification extends to all manner of Common of Herbage of any kind of ground or land or woods or the money that is due or received for the same as well out of Forests as within them See Manwood's Forest Laws c. 11. fol. 80. Agreement AGreement is thus defined or expounded in Plowdens's Commentaries Aggreamentum is compounded of two words namely Aggregatio and Mentium that is Agreement of minds So that Agreement is a consent of minds in some things done or to be done and by drawing together the two words Aggregatio and Mentium and by the hasty and short pronouncing of them they are made one word to wit Aggreamentum which is no other than a joyning coupling and knitting together of two or more minds in any thing done or to be done See after in Testament And this Agreement is in three manners The first is an Agreement executed already at the beginning The second is an Agreement after an act done by another and is an Agreement executed also The third is an Agreement executory or to be done in time yet to come The first which is an Agreement executed already at the beginning is such whereof mention is made in the Stat. of 25 E. 3. c 3. of Clothes in the 4 th Sat. which saith That the goods and things bought by forestallers being thereof attainted shall be forfeit to the King if the buyer have made gree with the seller In which case the word gree which is otherwise called Agreement shall be extended to Agreement executed that is payment for the things The second manner of Agreement is where one doth a thing or act and another agrees or assents thereunto afterwards as if one make a Disseisin to my use afterwards I agree to it now I shall be a Disseisor from the beginning And such Agreement is an Agreement after an act done The third agreement is when both parties at one time are agreed that such a thing shall be done in time to come and this agreement is executory in as much as the thing shall be done after and yet there their minds agreed at one time But because the performance shall be afterward and the thing upon which the Agreement was made remains to be done that Agreement shall be called Executory And that the Stat. of 26 H. 8. c. 3. doth prove which saith That every Vicar Parson and such liks c. before their actual possession or medling with the profits of their Benefices shall satisfie content c. or agree to pay the King the First-fruits c. if any such Parson or Vicar c. enter in actual possession c. this Agreement is to be understood executory as common usage proves for it is used that he with one or two with him do make two or three Obligations for it is to be paid at certain days after And this Agreement executory is divideded into two points One is an Agreement executory which is certain at the beginning as is said last before of the First-fruits The other is when the certainty doth not appear at the first and the parties are agreed that the thing shall be performed or payed upon the certainty known as if one sell to another all his Wheat in such a bay of his Barn unthres ed and it is agreed between them that he shall pay for every bushel 3s when it is threshed clean and measured Aid AID is when a Tenant for term of Life Tenant in dower Tenant by courtesie or Tenant in Tail after possibility of issue extinct is impleaded then for that they have no estate but for term of life they shall pray in aid of them in the Reversion and process shall be made by Writ against him to come and plead with the tenant in the defence of the land if he will But it behoves that they agree in the Plea for if they vary the plea of the Tenant shall be taken and then the aid-prayer is void but if he come not at the second Writ then the tenant shall answer sole Also Tenant for years Tenant at will Tenant by Elegit and Tenant by Statute-Merchant shall have aid of him in the Reversion and the Servant and Bailiff of their Master when they have done any thing lawfully in the right of their Master shall have aid This word is sometimes applied to Subsidies as in 14 E. 3. Stat. 2. cap. 1. Other times to a Prestation due from the Tenants to their Lords as for relief due to the Lord paramount or for the making of his Son a Knight or for marrying of his Daughter Glan lib. 9. c. 8. This aid the K. or other Lord by the ancient Law of England may lay upon their Tenants to make his son Knight at the age of 15 years and to marry his daughter at the age of 7 years Regist orig fol. 87. a. and that at what rate they please But the Stat. of West 1. made An. 3. Ed. 1. ordained a restraint for any great or large demand made by common persons being Lords in this case and hath tied them to a certain rate and the Stat. of 25 Ed. 3. Stat. 5. c. 11. provides that the rate which is appointed by the former Stat. shall be held in the King as well as in other Lords Aid of the King AID of the King is in like case as it is said before of a common person also in many other cases where the King may have loss although the Tenant be Tenant in fee-simple he shall have aid as if a Rent be demanded against the Kings Tenant who holds in chief he shall have aid so he shall nor of a common person And where a City or Borough hath a Fee-farm of the King and any thing is demanded against them which belongs to the Fee-farm they shall have aid for it of the King Also a man shall have aid of the King in the stead of Voucher And the Kings Baliff the Collector and the Purveyor shall have aid of the King as well as the Officers of other persons Aile AILE is a Writ which lies where Land descends from the grandfather to his nephews sc the son or daughter of the son of the grandfather the father being dead before the entry by him and one abates the heir shall have against the Abator this Writ Aler sans jour ALer sans jour is word for word to go without day that is to be dismist the Court because there is no day of farther Appearance assigned Ale-Taster ALe-taster is an Officer appointed and sworn in every Leet to look that the due Assise be kept of all the Bread Ale and Beer sold within the Iurisdiction of the Leet Alien ALien is a Subject born out of the liegeance of our King and he cannot
yet this may well stand with the generality of the words that there was but one Cause depending between them for A generality implies no certainty And if the Arbitrement should be for this avoided then many Arbitrements might be avoided for the one might conceal a Trespass done or other cause of Action given him and so avoid the Arbitrement Also no party to any Arbitrement shall be by it bound unless the Award be delivered unto him as it is in Co. lib. 5. f. 103. See Co. l. 8. fol. 98. Arches ARches or the Court of the Arches is the chief and most ancient Consistory belonging unto the Archbishop of Canterb. and it is called from the Arches of the Church where the Court is kept namely Bow-Church in London And of this Cour â— mention is made in Stat. 24 H. 8. cap. 12. touching Appeals Arms. ARms in the understanding of the Law is extended to any thing that a man in his anger or fury takes into his hand to cast at or strike another Cromp. Justice of Peace fol. 65. a. Array ARray is the taking or ordering a Iury or Enquest of men that are impannelled upon any cause 18 H. 6. cap. 14. from whence comes the Verb to array a pannel Old N. B. f. 157. that is to set forth one by another the men that are impannelled The Array shall be quashed ibid. By Statute every Array in Assise ought to be made four dayes before Brook tit Pannel num 10. To challenge the Array Kitch 92. Arrain ARrain is to put a thing in order or in his place As one is said to arrain an Assise of Novel Disseisin in the County in which it ought to be brought for trial before the Iustices of that Circuit Old N. B. fol. 109. And in such sense Litt. hath used the same word The Lessee attains an Assese of Novel Disseisin Also a prisoner is said to be arraigned when he is indicted and put to his trial Arrerages ARrerages are Duties behind unpaid after the days and times in which they were due and ought to have been paid whether they be Rents of a Manor or any other thing reserved Arrest ARrest is when one is taken and restrained for his liberty None shall be arrested for Debt Trespass Detinue or other cause of Action but by virtue of a precept or commandment out of some Court But for Treason Felony or breaking of the Peace every man hath authority to arrest without warrant or Precept And where one shall be arrested for Felony it behoves that some Felony be done and that he be suspected of the same Felony or otherwise he may have against him that did so arrest him a Writ of False imprisonment And when any man shall be arrested for Felony he shall be brought to the Goal there to abide till the next Sessions to be indicted or delivered by Proclamation Arretted ARretted is he that is convented before any Iudge and charged with a crime Sometimes it is used for imputed or laid unto As no folly can be arretted to him that is within age Lit. cap. Remit This word may come of the Latiu word Rectus for Bacton hath this Phrase Ad rectum habere malefactorem so that he may be charged and put to his trial And in another place he saith Rectarus de morte hominis Assach ASsach seems to be a Brittish word and to signifie a strange kind of Excuse or Purgation by the Oaths of 300. men Anno 1 H. 5. cap. 5. Assart ASsart is an offence committed in the Forest by pulling up by the Roots the Woods which are thickets or coverts of the Forest and by making them as plain as the arable Land This Assart of the Forest is the greatest offence or trespass that can be done in the Forest to Vert or Venison containing in it Waste or more For where Waste of the Forest is nothing but the felling and cutting down of the Covert wood which may in time grow again an Assart is a pulling up by the root by which they can never grow again Man part 2. c. 9. num 1. A writ of Ad quod damnum may be awarded where a man will sue licence to assart his Land within the Forest and make it several for Tillage so that it is no offence if it be done by licence Regist orig fol. 257. Assault ASsault from the French Assaillir signifies a violent kind of injury offered to a mans person of a more large extent than Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib. 1. cap. 3. Assayer ASsayer is an Officer of the Mint appointed by the Stat. of 2 H. 6. c. 12. to be present at the taking in of the Bullion as a party indifferent between the Master of the Mint and the Merchant to set the true value of the Bullion according to the Law Assets ASsets is in two sorts the one called Assets per discent the other Assets enter maines Assets â— discent is where a man is bound in an Obligation and dies secised of Lands in Fee-simple which descend to his Heir then his land shall be called Assets that is enough or sufficient to pay the same debt and by that means the Heir shall be charged as far as the Land so to him descended will stretch But if he have aliened before the Obligation be put in Suit he is discharged Also when a man seised of lands in tail or in the right of his wife aliens the same with warranty and hath in value as much Lands in Fee-simple which descends to his Heir who is also Heir in Tail or Heir to the woman now if the Heir after the decease of his Ancestor bring a Writ of Formedon or Sur cui in vita for the land so aliened then he shall be barred by reason of the Warranty and the land so descended which is as much in value as that which was sold and so thereby he hath received no prejudice Therefore this Land is called Assets per discent Assets enter maines is when a man indebted as before is said makes Executors and leaves them sufficient to pay or some commodity or profit is come unto them in right of their Testator this is called Assets in their hands Assignee ASsignee is he to whom a thing is appointed or assigned to be used paid or done and is always such a person who occupres or hath the thing so assigned in his own right and for himself And of Assignees there are two sorts namely Assignee in Deed and Assignee in Law Assignee in Deed is when a Lease is granted to a man and his Assignees or without that word Assignees and the Grantee gives grants or sells the same Lease to another he is his Assignee in Deed. Assignee in Law is every Executor named by the Testator in his Testament As if a Lease be made to a man and his Assignees as is aforesaid and he makes his Executors and dies without assignment of the
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
be it by Knights Service or Soccage and not of any Honor Castle or Mannor and for this it is also called a Tenure which holds meerly of the King For as the Crown is a Corporation a Seignory in gross so the King who possesses the Crown is in the eye of the Law perpetually King never in his Minority and dies no more than Populus doth whose authority he bears See Fitz N. BreÌ„ fol. 5. Yet note That a man may hold of the King and yet not in Capite that is not immediately of the Crown in gross but by means of some Honor Castle or Manor belonging to the Crown whereof he holds his Land Of this Kitchin saith well That a man may hold of the King by Knight's service and yet not in Capite because it may be he holds of some honour by Knights service that is in the Kings hands by descent from his Ancestors and not immediately of the King as of his Crown fol. 129. With which agrees Fitzh Nat. BreÌ„ fol. 5. k. whose words are to this effect It plainly appears that Lands which are held of the King as of an Honor Castle or Manor are not held in Capite of the King because a Writ of right iu this case shall be directed to the Bailiff of the Honor Castle or Manor c. But when the lands are held of the King as of his Crown then they are not held of an Honor Castle or Manor but meerly of the King as King as of his Crown as of a Seignory of it self in gross and the chief of all other Seigniories And this Tenure in Capite is otherwise called Tenure holding of the person of the King Dyer fol. 44. Brook titulo Tenures num 65 99. And yet Ki â— chen fol. 208. saith That a man may hold of the person of the King and yet not in Capite His Case is this If the King purchase a Manor that J. S. holds the Tenant shall hold as he did before and he shall not render Livery nor primer Seisin nor hold in Capite And if the King grants his Manor to W. N. in fee excepting the services of J. S. then J. S. holds as of the person of the King and yet holds not in Capite but as he held before By which it seems that Tenure holding of the person of the King and Tenure in Capite are two divers Tenures To take away which difference it may be said That this place of Kitchen is to be taken as if he had said Not in Capite by Knights service but by Socage following the usual speech because most commonly where we speak of Tenure in Capite we intend Tenure by Knight's service See the Stat. 12 Car. 2. c. 24. by which all Tenures are now turned into free and common Socage Cark CArk seems to be a quantity of Wooll whereof 30 make a Sarplar 27 H. 6. cap. 2. See Sarplar Carno CArno is an Immunity as appears in Cromp. Jurisd f. 191. where it is said That the Prior of Malton made claim for him and his men to be quit of all Amerciaments within the Forest and also to be quit of Escapes and of all manner of Gelds and of Foot-gelds Buckstall Trites Carno and Summage c. Carrack or Carrick CArrack alias Carrick is a Ship of burthen and is so called of the Italian word Carico or Carco which signifies a Burthen This word is mentioned in the Statute 1 Jac. c. 33. Carue of Land CArue or Carucate of land is a certain quantity of land by which the Subjects have been heretofore taxed whereupon the Tribute so levied is called Caruage Bract. l. 2. c. 16. num 8. Lit. Sect. 119. saith that Soca is the same with Caruca sc a Soke or Plow Stow in his Annals p. 251. hath these words The same time H. the King took Caruage that is to say two Marks of Silver for every Knight's Fee to the marriage of his sister Isabel to the Empereur By which it seems there was raised of every Plow-land so much and so consequently of every Knight's free two Marks of Silver Rastal in his Exposition of words saith that Caruage is to be quit if the King shall tax all the Land by Plows that is a Priviledge by which a man is freed from Caruage Skene saith that it contains as great a portion of land as may be eyred or tilled in a year and a day with one Plow which also is called a Hild or Hide of land Castellain CAstellain is a Keeper or Captain sometimes called a Constable of a Castle Bracton l. 5. c. 2. cap. 16. In the same manner it is used anÌ„ 3 E. 1. c. 7. In the book of Feudis you shall find Guastaldus to be of like signification but more large because it is also extended to those that have the custody of the King's Mansion-houses called Courts notwithstanding they are not places of defence or force Manwood part 1. of the Laws of the Forest p. 113. saith That there is an Officer of the Forest called Castellanus Castle-guard CAstle-guard is an Imposition laid upon such of the Kings subjects as dwell within a certain compass of any Castle to the maintenance of such as watch and ward it Mag. Chart. cap. 2. an 32 H. 8. ca. 48. It is sometimes used for the Circuit it self which is inhabited by such as arc subject to this Service See Chivalry Casu consimili CAsu consimili is Writ of Entry granted where the Tenant by courtesie or Tenant for term of life or for the life of another aliens in Fee or in tail or for the life of another And it hath this name because the Clerks of the Chaucery have framed it by their common consent like the Writ called in casu ê“viso according to the authority given them by the Stat. of West 2. cap. 24. which wills That as often as it shall happen in Chancery that in one case a Writ is found and in the like case a remedy is wanting the Clerks of the Chancery should agree to make a Writ c. And this Writ is granted to him in reversion against the party to whom the said Tenant so aliened to his prejudice and in the life of the Tenant See more of this F. N. B. fol. 206. Casu proviso CAsu proviso is given by the Stat of Gloucester cap. 7. This Writ lies where Tenant in Dower aliens in Fee or for life or in tail the Land which she holds in Dower there he that hath the Reversion Fee or in Tail or for term of life shall presently have this Writ against the Alienee or him that is Tenant of the Free-hold of the Land and that during the life of the Tenant in Dower F. N. B. 205. n. Catals CAtals or Chatels comprehend all Goods movable and immovable except such as are in nature of Free-hold or parcel of it as may be collected out of Stamf. Praer cap. 16. and anno 1 Eliz. cap. 2. Yet Kitch fol. 32. saith that
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
Court of Iustice Magistracy or Title of land for which the party shall be punished according to the nature and quality of his offence sometimes by Action upon the Case for Slander at the Common Law and other times in the Ecclesiastical Court. As if a man contrive any False news or horrible and false Lies of Prelates Dukes Earls c. then an Action De Scandalis Magnatum will lie against him by the Statute of 2 R. 2. cap. 5. and this being proved the party offending shall be grievously punished But for words of Defamation against a private man there the party grieved shall have his Action upon the Case for the Slander and shall recover in dammages according to the quality of the fault wherein the quality of the person who is so defamed is much to be considered But for Defamations determinable in the Spiritual Court they ought to have three incidents First it ought to concern matter meerly Spiritual and determinable in the Ecclesiastical Court as for calling him Heretick Schismatick Adulterer Fornicator c. Secondly that it concern matter meerly Spiritual only for if such Defamation concern any thing determinable at the Common Law the Ecclesiastical Iudge shall not have conusance thereof As if a Divine is to be presented to a Benefice and one to defeat him thereof saith to the Patron that he is an Heretick or a Bastard or that he is Excommunicated whereby the Patron refuses to present him and he loses his Preferment he shall have an Action upon the Case for these Defamations tending to such an end Also if a woman be bound that she shall live continent for if a Lease be made to her so long as she shall live chaste in these cases Incontinency shall be tryed by the Common Law Thirdly although such Defamation be meerly and only Spiritual yet he that is defamed cannot sue there for amends or Dammages but the Suit ought to be only for punishment of the fault for the Soul's health of him that so offends And as for the Slander of a Title to Land if A. saith that B. hath right in the Lands of C. whereby C. is damnified then he may have an Action upon the Case for the Defamation of his Title against A. And although B. hath a colourable Title yet A. shall be punished forasmuch as he hath taken upon him knowledge of the Law and medled in a matter which concerned him not But if a man saith that he himself hath right to the Land of another in this case no Action for Defamation lies although he knows his Title to be false Cok lib. 4. fol. 18. Defeisance DEfeisance is a Condition relating to a Deed as an Obligation Recognisance or Statute which being performed by the Obligor or Recognisor the Act is disabled and made void as if it had never been done And there is no Warrantie Recognisance Rent-charge Annuity Covenant Lease for years or such like but that they may by a Defeasance made with the mutual consent of all those who were parties to the creation thereof by Deed be adnulled discharged and defeated And the difference between a Proviso or Condition in Deed and a Defeasance is in this That the Proviso or Condition is annexed or inserted in the Deed or Grant whereas a Defeasance is usually a Deed by it self concluded and agreed on between the parties and having relation to another Deed. And therefore if the Condition of an Obligation be repugnant to the Deed the Condition is void and the Obligation good As if the Condition be that he shall not sue the Obligation this is void as well as it is of a Feoffment upon Condition that the Feoffee shall not take the Profits But a Defeasance is a Grant that is made after the Obligation to defeat the same Obligation and this is good though it be repugnant and so not like a Condition 21 H. 7. fol. 24. b. For the form and manner of Defeasances according to the diversity of the Case see West part 1. Symb. lib. 2. sect 230 231 c. Defence DEfence is that which the Defendant ought to make immediately after the Count or Declaration made that is that he defends all the Wrong Force and Dammage where and when he ought and then to proceed farther to his Plea or to imparl And note that by defending the Force and Wrong he doth excuse himself of the Wrong against him surmised and makes himself party to the Plea and by defending the Dammage he affirms the Plaintiff able to be answered unto And for the residue of the Defence he accepts the power of the Court to hear and determine their Pleas of this matter For if he will plead to the Iurisdiction he ought to omit in his Defence these words ou quant il devera and if he will shew any disability in the Plaintiff and demand Iudgment if the party shall be answered unto then he ought to omit the Defence of the Dammage Defendant DEfendant is he that is sued in Action personal who is called Tenant in an Action real Defendemus DEfendemus is an ordinary word in a Feoffment or Donation and hath this force that it binds the Donor and his Heirs to defend the Donee if any man go about to lay any Servitude upon the thing given other then is contained in the Donation Braction lib. 2. cap. 16. num 10. See also Warrantizantibus Defender of the Faith DEfender of the Faith is a peculiar Title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo. x. to K. Hen. 8. for writing against Martin Luther in behalf of the Church of Rome Stow's Annals p. 863. Deforceor DEforceor is he that overcomes and casts out with Force who differs from a Disseisor first in this that a man may disseise another without Force which act is called Simple Dissesin Britton cap. 33. Then because a man may deforce another that never was in possession as if many have right to Lands as common Heirs and one keeps them out the Law saith that he deforces them though he never disseised them Old Nat. Brev. fol. 118. If Tenant in tail makes a Feoffment in fee by which the Feoffee is in and afterward the Tenant in tail dies and his issue sues a Writ of Formedon against the Feoffee the Writ shall say and also the Count c. that the Feoffee wrongfully deforced him c. though he did not disseise him because he entred in the life of the Tenant in tail and the Heir had no present right Lit fol. 138. And a Deforceor differs from an Intrudor because a Deforceor keeps out the right Heir as aforesaid and a man is made an Intrudor by a wrongful Entry only in Lands or Tentments void of a Possessor Bract. lib. 4. cap. 1. And because Force and Forcible entry into Lands is so opposite to the Peace and Iustice of the Realm and a
punishes her Officers as Serjeants Pleaders Philizers Exigenters Attornies and others so she renounces and condemns all acts of greatest importance if they be intermixt with Disceit and falshood As if a Fine be levied by Disceit and five years past by the Statute of 4 H. 7. c. 24. all persons and their rights shall be barred thereby yet for that it was by Disceit th â— Fine shall be avoided as is a â—â— dged in Cok. lib. 3. fol. 77. 〈◊〉 the same manner if one â—â— cover Land by Disceit the â—â—â— overy for this shall be fru â—â—â— ated and made void 3 Ed. 3. 2 â— So if a woman that hath good cause to be endowed will by Disceit have the Tenant to be disseised and after recovers her Dower by a Writ of Dower against the Disseisor yet she shall be adjudged in possession against the Disseis â— e but as a Disseisoresse in respect of the Disceit Cok. lib. 5. fol. 35. There is another manner of Writ of Disceit where Land which is auncient demesn is impleaded by the Kings Writ at Westm Then the Lord of the Mannor may have this Writ and reverse all the former proceedings and Iudgment as it appears Rast Ent. 100 221. 2 R. 3. 1 11 H. 4. 36. Discent DIscent or Descent is in two sorts either lineal or collateral Lineal Discent is when a Discent is conveyed in the same Liue of the whole bloud as grandfather father son sons son and so downward Collateral Discent is out in another branch drawn from above of the whole bloud as grandfathers brother fathers brother and so downward Note that if one die seised in fee or in tail of Land in which another hath right to enter and that discends to his Heir such Discent shall take away the Entry of him who hath right to enter for that the Heir hath it by Discent from his father and so by act of the Law and he that hath right cannot put him out by entring upon him but is put to sue his Writ to demand the Land according to the nature of his Title See hereof in Littl. lib. 3. cap. 6. and Stat. 32. H. 8. cap. 33. Disclaimer DIsclaimer is where the Lord distrains his Tenant and he sues a Replevin and the Lord avows the taking by reason he holds of him if the Tenant say that he disclaims to hold of him this is called a Disclaimer and if the Lord thereupon bring in a Writ of Right sur Disclaimer and it be found against the Tenant he shall lose his Land Also if one brings a Praecipe against two others for the Land and the Tenant disclaims and saith that he is not thereof Tenant nor claims any thing therein then the other shall have the whole Land but if the Praecipe be brought against one alone and he disclaims as aforesaid the Writ shall abate yet the Demandant may enter in the Land and hold it in his rightfull estate though his Entry was not lawful And after the Tenant in an Action brought against him disclaims he shall not have a Writ of Error against his own Disclaimer because by it he hath barred himself of his right to the Land for the words of the Disclaimer are He hath nothing neither claims he to have in the Land neither at the day of the bringing of the Original Writ aforesaid c. had or claimed but any thing in the same Land to have he disavows and disclaims and against this he shall not have Restitution by a Writ of Error See Cok. lib. 8. fol. 62. So if a Lord in case where he may disclaims his Seigniory in Court of Record his Seigniory by this is extinct and the Tenant shall hold of the Lord next above him that so disclaimed Lit. sect 146. If Lands be given to the husband and wife in tail or in fee and the husband dies the wife cannot devest the Freehold cut of her by any verbal Waver or Disclaimer in the Countrey as if before any Entry made by her she saith that she altogether waves and disclaims the said Estate and will never take nor accept thereof yet the Free-hold remains in her and she may enter when she pleases So a Charter of Feoffment was made to four and Seisin was delivered to three in the name of all and after the Seisin was delivered the fourth coming sees the Deed and saith by word that he will have nothing of the Land nor agree to the Deed but disclaims and it was adjudged that this Disclaimer by word in the Countrey shall not devest the Freehold out of him Cok. lib. 3. fol. 26. Discontinuance DIscontinuance is when a man alienates to another Lands or Tenements and dies and another hath right to the same Lands and may not enter into them because of this Alienation as if an Abbot alien the Lands of his House to another in fee fee-fee-tail or sor life or if a man alien the Lands that he hath in right of his wife or if Tenant in tail makes of the Lands given to him and the Heirs of his body any Feoffment Gift in tail or Lease for life not warranted by the Statute 32 Hen. 8. by Fine or Livery of seisin then such Alienations are called Discontinuances for such Estates passe away by Livery and seisin In these cases the Successors of the Abbot or the woman after the death of her husband or the issue in tail after the death of the Tenant in tail and they that have any Remainder or Reversion after the end of the Estate-tail may not enter but every of them is put to his Action And as there is Discontinuance of Possession as is said before so also is there Discontinuance of Process or Plea and this is when the instant is lost and may not be regained but by a new Writ to begin the Suit afresh for to be discontinued and to be put without day is all one and nothing else but finally to be dismissed the Court for that time West part 2. tit Fines sect 115. So Crompton in his Jurisdictions fol. 131. uses it in these words If a Justice-seat be discontinued by the not coming of the Justices the King may renew it by his Writ And if the Iustices of any Court do not meet at the day and place appointed then the Cause shall be discontinued unto another day as in Cok. lib. 1 fol. 38. So if a man hath an Action in the Court of the Marshalsea and the King removes forth of the Vierge the Pleas shall be discontinued Cok. lib. 10. fol. 73. See more hereof in Litt. lib. 3. cap. 11. and 32 H. 8. cap. 28. which takes away Discontinuances by the husband seised in right of his wife Disgrading DIsgrading or Degrading is when a man having taken upon him a Dignity temporal or spiritual is afterwards thereof deprived be he Knight Clerk or other Whereof if a Clerk be delivered to his Ordinary and cannot clear himself of the Offence whereof he is convicted by the
time their Reservations were as well in Victuals as Money until at the last and that chiefly in the time of King Henry the First by agreement the reservation of Victuals was turned into ready Money and so hitherto hath continued amongst most men Fate or Fatt FAte or Fatt is a Measure mentioned in the Statutes of 1 H. 5. cap. 10. and 11 H. 6. cap. 8. to contain eight Bushels but the Citzens and Merchants of London as it appears by those Statutes and the Kings Purveyors would have that measure and a Bushel over for one Quarter and so they had nine Bushels for one Quarter of Corn. Faux Imprisonment FAux Imprisonment is a Writ that lies where a man is arrested and restrained from his Liberty by another against the order of the Law then he shall have against him this Writ whereby he shall recover Dammages See more thereof before tit Arrest Faux Judgment FAux Judgment See thereof before tit Error Fealty FEalty is a Service called in Latine Fidelitas and shall be done in this manner viz. The Tenant shall hold his right hand upon a Book and shall say to his Lord I shall be to you faithful and true and shall bear to you Faith for the Lands and Tenements which I claim to hold of you and truly shall do you the Customs and Services that I ought to do to you at the terms assigned So help me God and shall kiss the Book but he shall not kneel as in doing Homage And thereof see after in the Title Homage Also Fealty is incident to all manner of Tenures Fee FEE Feodum is in our Law an equivocal word of divers significations for it is most usually taken for an Estate of Inheritance in Lands and Tenements to one and his Heirs or to one and the Heirs of his Body But it is used also for the Compass Circuit or Extent of a Lordship or Mannor And from thence comes the ordinary Plea in Bar to an Avowry That the Land upon which he avows is out of his Fee And thirdly it is taken for a Reward or Wages given to one for the execu ◠〈◊〉 of his Office as the Fee of a Forrester or the Keeper of a Park or a Sheriffs Fee sor â— erving an Execution lim â—â— s by the Statute of 29 Eliz. cap 4. And it is also taken for that Consideration which is given a Sergeant at Law or a Councellor or a Physitian for their Counsel or Advice in their profession which as it is well observed by Sir Jo. Davies in his Preface to his Reports is not properly Merces but Honorarium Yet in our Law-language it is called his Fee Fee expectant FEE expectant Where Lands are given to a man and his wife in Frank-marriage to have and to hold to them and their heirs in this case they have Fee-simple but if they are given to them and the heirs of their body c. They have Tail and Fee-expectant Kitch fol. 153. Fee Farm FEE Farm is when a Tenant holds of his Lord in Fee-simple paying to him the value of half or of the third fourth or other part of the Land by the year And he that holds by Fee-Farm ought not to pay Relief or do any other thing that is not contained in the Feoffment but Fealty for that belongs to all kind of Tanures Fee-simple FEe-simple is when any person holds Lands or Rent or other thing inheritable to him and his Heirs for evermore and these words His Heirs make the Estate of Inheritance for if the Land be given to a man for ever yet he hath but an Estate for life Also if Tenant in Fee-simple die his first son shall be his Heir but if he have no Son then all his Daughters shall be his Heirs and every one shall have her part by partition but if he have no Son nor Daughter then his next Coufin collateral of the whole Blood shall be his Heir Fel de se FElo de se is he that commits Felony by murthering himself See Crompt Justice of Peace fol. 28. Felony FElony is a general term which comprehends divers hainous Offences for which the Offenders ought to suffer death and lose their Lands And it seems that they are called Felonies of the Latine word Fel which is in English Gall in French Fiel or of the ancient English word Fell or Fierce because they are intended to be done with a fell fierce or mischievous mind When a man without any colour of Law steals the Goods of another amounting to the value of Twelve pence or more that is Larceny but if he approaches the Person of another in the High-way and robs him of his Goods although it be but to the value of one peny it is Felony and that is called Robbery and therefore he shall be hanged Fence-moneth FEnce-moneth is a Forrest word and signifies the time of 31 days in the year that is to say 15 days before Midsummer and 15 days after in which time it is forbidden for any man to hunt in the Forrest or to go into it to disturb the wild Beasts The reason of which is because the Female Deer do then Fawn And therefore this Moneth is called the Fence-moneth or Defence-moneth for that the Deer are then to be defended from scare or fear See Manwood Forrest Laws cap. 13. fol. 90. b. Feodarie FEodarie was an Officer in the Court of Wards appointed by the Master of that Court by virtue of the Statute 32 H. 8. c. 46. to be present with the Escheator in every County at the finding of Offices and to give in evidence for the King as well for the Value as the Tenure And his Office was also to survey the Lands of the Ward after the Office found to return the true value thereof into the Court to assign Dower unto the Kings Widows to receive all the Rents of the Wards Lands within his Circuit and to answer them to the Receiver of the Court But see the Stat. 12 C â— r. 2. c. 24. for Abolishing the said Court Feoffment FEoffment is where a man gives Lands Houses or other Corporal things which are Heritable to another in Fee-simple and thereof delivers Seisin and Possession Also if one make a gift in tail or a lease for life Livery and Seisin must be given or else nothing shall pass by the Grant Feoffor and Feoffee FEoffor is he that infeoffs or makes a Feoffment to another of Lands or Tenements in Fee-simple And Feoffee is he who is infeoffed or to whom the Feoffment is so made Ferdfare FErdfare is to be quit from going to War Flet. lib. 1. c. 47. Ferdwit FErdwit is to be quit of Murther committed in the Army Flet. l. 1. c. 47. Ferry IS a liberty by prescription or the Kings Grant to have a Boat for passage upon a great Stream for Cariage of horses and men for reasonable toll Feude FEude or Deadly Feude is a German word and signifies implacable Hatred not to be
In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
Gift in the tail a man shall have a Writ of Warrantia Chartae but not upon Escuage Garrantie del jour GArranty del jour See for that Warrantia diei Gavelet GAvelet is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkinde continues whereby the Tenant shall forfeit his Lands or Tenements to the Lord of whom they are holden if he withdraw from his Lord his due Rents and Services after this manner If any Tenant in Gavelkind withhold his Rent and Services of the Tenement he holds of his Lord let the Lord seek by the award of his Court from three weeks to three weeks to find some Distress upon the Tenement until the fourth Court always with witnesses And if within that time he can find no Distress on that Tenement whereby he may have Iustice of his Tenant then at the fourth Court let it be awarded that he take that Tenement into his hand in name of a Distress as if it were an Ox or Cow and let him keep it a year and a day in his hand without manuring it within which Term if the Tenant come and pay his arrerages and make reasonable amends for the withholding then let him have and enjoy his Tenement as his Ancestors and he before held it and if he do not come before the year and day past then let the Lord go to the next County-Court with his Witnesses of his own Court and pronounce there this Process to have farther Witnesses and by the award of his Court after the County-Court holden he shall enter and manure in those Lands and Tenements as in his own And if the Tenant come afterward and will re-have his Tenements and hold them as he did before let him make Agreement with the Lord according as it is anciently said Hath he not since any thing given nor hath he not since any thing payed then let him pay v. li. for his Were before he become Tenant or Holder again See hereof 10 H. 3. Fitzh Cessavit 60. and Stat. 10 Ed. 2 of Gavelet in London in the Collection of Statutes London 2. matter much tending to this purpose that by this word Gavelet the Lord shall have the Land for the cessing of the Tenant And see Westm 2. ca. 21. which gives Cessavit There be some Copies which have the first Verse thus Written Nisith yelde and Nisith gelde And others thus Nighesith yeld and nighesith geld But these differ not in signification Other Copies have it thus Nigondsith seld and nigondsith geld That is Let him nine times pay and nine times repay Gavel-kinde GAvel-kinde is a Custom annexed and going with Lands in Kent called Gavel-kind-lands holden by ancient Socage Tenure And it is thought by the skilful in Antiquities to be called Gavel-kinde of Give all Kinne that is to all the Kindred in one Line according as it is used among the Germans from whom we English-men and chiefly of Kent come Or else it is called Gavel-kine of Give all kinde that is to all the Male-children for Kinde in Dutch signifies a Male-childe And divers other like conjectures are made touching Gavel-kinde which I omit The most usual Customes are That the Land is dividable between the Heirs-male and that the Heir of the age of fifteen years may give and sell his Land and shall inherit although his Father be attainted and hanged for Felony and his wife shall be endowed of half the Land whereof her husband died seised and the husband shall be Tenant by the Curtesse of the half although he have no issue by his wife but the Estate of the husband and wife ceases by their second Marriage And divers other Customes are used in Kent of the Lands in Gavel-kinde for which see Lambert's Perambulation of Kent Gawgeour GAwgeour is an Officer of the King appointed to search all Tuns Hogsheads Pipes Barrels and Tertians of Wine Oyl Honey Butter and to give them a Mark of allowance before they are sold in any place And because this mark is a Circle made with an Iron Instrument for that purpose it seems he takes his name from thence Touching this Office there have been made many Statutes the first is An. 27 E. 3. cap. 8. and the others are 4 R. 2. cap. 1. 18 H. 6. c. 17. 23 H. 6. c. 16. 1 R. 3. cap. 13. and 28 H. 8. c. 14. Gersuma GErsuma is an obsolete word for a Fine or Summe of mony it is often found in ancient Records See Sir Hen. Spelmans Glossarium Gild. GIld alias Geld has divers significations as sometimes a Tribute othertimes an Amerciament thirdly a Fraternity or Company combined together by Orders and Laws made amongst themselves with the Kings Licence Cambden cites many Antiquities whereby it appears to signifie a tribute or tax as pag. 135 139 159 168 178. Crompton in his Jurisdictions fol. 191. shews it to be an Amerciament as Footgeld yet fol. 197. he says to be quit of all manner of Gelds is to be discharged of all manner of Prestations to be made for gathering of Sheaves of Corn young Lambs and Wool to the use of the Foresters Also Cambden pag. 149. dividing Suffolk into three parts calls the first Gildable because tribute is thence gathered And the Statutes Anno 27 Edw. 3. Stat. 2. cap. 13. and Anno 11 H. 7. cap. 9. use Gildable in the same sense and so the Statute Anno 27 H. 8. cap. 26. Hence Lambert in the word Contubernalis is perswaded that the common word Gild or Gild-hall proceeds being a Fraternity or Communalty of men gathered in one Combination supporting their common charge by a mutual Contribution And in the Reg. Orig. fol. 219. b. there is Gildam Mercatoriam which seems to be a certain Liberty or Priviledge appertaining to Merchants whereby they are enabled to hold certain Pleas of Land within their own Precincts This word Gilds or Guilds is so used Anno 27 E. 3. cap. 51. and Anno 15 R. 2. c. 5. And Guildhalda Teutonicorum is used for the Fraternity of Easterling Merchants in London called the Stillyard Anno 22 H. 8. c. 8. See Coke l. 8. f. 125. Gisarms GIsarms was a certain Weapon mentioned 13 E. 1. Stat. 3. c. 6. Fleta writes it Sisarmes l. 1. cap. 24. Glebe GLebe are Lands of which the Rector or Vicar are seised in Jurae Ecclesiae Gors GOrs Gurges is a Pool or or Pit of water to keep fish in by the Grant whereof the Soil it self passes and a Praecipe quod reddat lies of it as you may see in 4 Ed. 3. 29. b. and 8 E. 3. 13. a. and F. N. B. 191. H. Granage GRanage is a Duty in London viz. the twentieth part of Salt Imported by an Alien and due to the Mayor Dyer 352. Grand Cape GRand Cape Look for it after in the Title Petit Cape Grand distress GRand Distress See of that before in the Title Distress Grand Serjeanty GRand Serjeanty is where a man holds of the
their Land of their Lord by Homage And if such Lord hath received Homage he is bound to acquit the Tenant against all other Lords above him of every manner Service And if the Tenant hath done Homage to his Lord and is impleaded and vouches the Lord to Warranty the Lord is bound to warrant him and if the Tenant lose he shall recover in value against the Lord so much of the Lands as he had at the time of the Voucher or at any time after Also if a man that holds his Land by Homage auncestrel alien the Land in fee then the Alienee shall do Homage to his Lord but he shall not hold by Homage auncestrel for that the continuance of the Tenancy in the Blood of the first Tenant is discontinued Homagio respectuando HOmagio respectuando is a Writ directed to the Escheatour commanding him to deliver Seisin to the Heir of his Lands at his full age although he hath not made his Homage Of which see Fitz. N. B. f. 269. A. Homesoken HOmesoken or Hamesoken is to be quit of Amerciaments for Entring into Houses violently and without licence and contrary to the Peace of the King And that you hold Plea of such Trespass done in your Court and in your Land Homicide or Man-slaughter HOmicide or Man-slaughter is the Killing of a Man felonioussy without malice fore-thought It is also defined thus Homicide is the killing of a man by a man But if it be done by a Dog Ox or other thing it is not properly called Homicide It is called Homicidium ab homine cado quasi Hominis caedium Homine capto in Withernamium HOmine capto in Withernamium is a Writ to take him that hath taken any Bond-man or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. Orig. fol. 79. a. Homine replegiando HOmine replegiando is a Writ to deliver men out of Prison upon Bail In what cases it lies and in what not see in Fitz. N. B. f. 66. E. and see here in the Title of Replevin in the end See Replevin Honour HOnour besides the general signification is used specially for the most noble sort of Lordships whereof other inferiour Lordships or Mannors depend by performance of Customes and Services some or other to those that are Lords of them And it seems there are no Honours but those which originally appertained to the King yet they may afterward be given in Fee to Noblemen The manner of Creating these Honors may in part be collected out of the Statutes of Anno 31 Hen. 8. chapter 5. where Hampton Court is made an Honour and Anno 33 ejusd cap. 37 38. whereby Amptil and Grafton are likewise made Honours and Anno 37 ejusd cap. 18. whereby the King hath power given him by his Letters Patents to erect four several Honours Westminster Kingston upon Hull S. Osithes in Essex and Dodington in Barkshire Hornegeld HOrnegeld is to the quit of certain Custome exacted by Tillage through all the Land of whatsoever horn'd Beast Hors de son Fee HOrs de son Fee is an Exception to avoid an Action for Rent issuing out of certain Land by him who pretends to be the Lord or for some Customes or Services for if he can justifie that the Land is without the compass of his Fee the Action falls Broke hoc Tit. 7 8. and 1 Institut 1. b. Hospitallers HOspitallers Hospitularii an Order of Knights first founded at Jerusalem and called the Joannites or Knights of St. John of Jerusalem and they were called Hospitallers for that they built an Hospital at Jerusalem for the entertainment of all such as from any part of the world came to visit the Holy places and did guard and protect such Pilgrims in their Iourneys the Institution of their Order was first allowed by Pope Gelasius the second about the year 1118. And they had many Priviledges granted them as Immunities from payment of Tithes c. And for these they are often mentioned in our Books You shall find their Priviledges reserved to them in Magna Charta cap 37. And you shall see the Right of the Kings Subjects vindicated from the Vsurpation of their Iurisdiction by the Statute of Westm 2. cap. 34. Their chief abode is now in the Island of Melita commonly called Malta given them by the Emperor Charles the Fifth And for that they are now called Knights of Malta All the Lands and Goods of these Knights here in England were put in the disposition of the King by the Stat. of 32 H. 8. cap. 24. Hosteler HOsteler is an Inholder Coke Entr. 347. Hotchpot HOtchpot is a blending or mixing together and a partition of Lands given in Frank-marriage with other Lands in Fee-simple discended For example A man seised of thirty Acres of Land in Fee hath issue two Daughters and gives with one of his Daughters to a man that marries her ten Acres of the same Land in Frank-marriage and dies seised of the other twenty Acres Now if she that is thus married will have any part of the twenty Acres whereof her Father died seised she must put her lands given in Frank-marriage in Hotchpot that is she must refuse to take the sole Profits of the Land given in Frank-marriage and suffer the Land to be commixt and mingled together with the other Land whereof her father died seised so that an equal Division may be made of the whole between her and her Sister And thus for her x Acres she shall have xv else her Sister will have the xx Acres of which their Father died seised Housebote HOusebote is necessary Timber that the Lessee for years or for life of common right may take upon the Ground to repair the Houses upon the same Ground to him leased although it be not exprest in the Lease and though it be a Lease by Word without Deed. But if he take more then is needful he may be punisht by an Action of Waste Hue and Cry HUe and Cry is a pursuit of one having committed Felony by the High-way for if the party robbed or any in the company of one that was murthered or robbed comes to the Constable of the next Town and wills him to raise Hue and Cry or to make Pursuit after the Offendor describing the party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for aid in seeking the Felon and if he be not found there then to give warning to the next Constable and he to the next to him until the Offendor be apprehended or at least until he be so pursued to the Sea-side Of this see Bract. lib. 3. tract 2. cap. 5. Smith de Repub Angl. lib. 2. cap. 20. and the Statute of Winchester made Anno 13 E. 1. and the Statute of 28 E. 3. cap. 11. and An. 27 El. cap. 13. Huers HUers See Conders Hundred HUndreds were divided by King
the Kings Debts Apparances and for observing of Orders also he takes all Obligations for any of the Kings Debts for Apparances and observing of Orders and makes out Process upon them for the breaking of them The Lord Treasurers Remembrancer makes out Process against all Sheriffs Escheators receivers and Bailiffs for their Accounts he makes the Process of Fieri sacias and Exteut for any Debts due to the King either in the Pipe or with the Auditors and he makes Process for all such revenue as is due to the King by reason of his Tenures The Remembrancer of the First Fruits takes all Compositions for First fruits and Tenths and makes Process against such as pay not the same Of these Officers see more in Dalton's Book of the Office and Authority of Sheriffs f. 186. Remitter REmitter is when a man hath two Titles to any Land and he comes to the Land by the tast Title yet he shall be judged in by force of his elder Title and that shall be said to him a Remitter As if Tenant in tail discontinue the Tail and after disseises his discontinuee and dies thereof seised and the Lands discend to his issue or Cousin inheritable by force of the Tail in that case he is in his Remitter that is to say seised by force of the Tail and the Title of the Discontinuee is utterly adnulled and defeated And the reason and cause of such Remitter is for that such an Heir is Tenant of the Land and there is no person Tenant against whom he may sue his Writ of Formedon to recover the Estate tail for he may not have an Action against himself Also if Tenant in tail infeoff his Son or Heir apparent who is within age and after dies that is a Remitter to the Heir but if he were full of age at the time of such Feoffment it is no Remitter because it was his folly that he being of full age would take such a Feoffment If the Husband alien Lands that he hath in right of his wife and after take an Estate again to him and to his Wife for term of their lives that is a Remitter to the Woman because this Alienation is the act of the Husband and not of the Woman for no folly may be adjudged in the Woman during the life of her Husband But if such Alienation be by Fine in Court of Record such a taking again afterward to the Husband and Wife for term of their lives shall not make the Woman to be in her Remitter for that in such a Fine the Woman shall be examined by the Iudge and such Examination in Fines shall exclude such women for ever Also when the Entry of any man is lawful and he takes an Estate to him when he is of full age if it be not by Deed indented or matter of Record which shall estop him that shall be to him a good Remitter Rents REnts are of divers kinds that is Rent-service Rent-charge and Rent-secke Rent-service is where the Tenant in Fee-simple holds his Land of his Lord by Fealty and certain Rent or by other service and rent and theu if the rent be behind the Lord may distrain but shall not have an Action of Debt for it Also if I give Land in tail to a man paying to me certain Rent that is Rent-service But in such case it behoves that the reversion be in the Donor For if a man make a Feoffment in fee or a Gift in tail the remainder over in Fee without Deed reserving to him a certain rent such reservation is void and that is by the Statute Quia emprores terrarum and then he shall hold of the Lord of whom his Donour held But if a man by Deed indented at this day make such Gift in tail the remainder over in fee or lease for term of life the remainder over or a Feoffment and by the same Indenture reserve to him rent and that if the rent be behind it shall be lawful for him to distrain that is Rent-chage But in such case if there be no clause of Distress in the Deed then such a rent is called Rent-seck for which he shall never distrain but if he were once seised he shall have Assise and if he were not seised he is without remedy And if one grant a rent going out of his Land with clause of Distress that is a Rēt-charge and if the rent be behind the Grantee may chuse to distrain or sue a Writ of Annuity but he cannot have both for if he bring a Writ of Annuity then the Land is discharged And if he destrain and avow the taking in Court of Record then the Land is charged and the person of the Grantor discharged Also if one grant a Rent charge and the Grantee-purchases half or any other part or parcel of the Land all the Rent is extinct But in Rent service if the Lord purchase parcel of the Land the Rent shall be apportioned If one hath a Rent charge and his Father purchase parcel of the Land and that parcel discends to the Son who hath the Rent charge then the Rent shall be apportioned according to the value of the Land as it is said of Rent-service because the Son comes to that not by his own act but by discent Also if I make a Lease for term of years reserving to me a certain Rent that is called a Rent service for which it is at my liberty to distrain or to have an Action of Debt but if the Lease be determined and the Rent behind I cannot distrain but shall be put to my Action of Debt And note well that if the Lord be seised of the Service and Rent aforesaid and they be behind and he distrain and the Tenant rescues the Distress he may have Assise or a Writ of Rescous but it is not more necessary for him to have Assise then a Writ of Rescous for that by Assise he shall recover his Rent and his Dammages but by a Writ of Rescous he shall recover only Dammages and the thing distrained shall be reprised If the Lord be not seised of the Rent and Service and they be behind and he distrain for them and the Tenant take again the Distress he shall not have Assise but a Writ of Rescous and the Lord shall not need to shew his right If the Lord cannot find a Distress in two years he shall have against the Tenant a Writ of Cessavit per biennium as it appears by the Statute of Westm 2. cap. 21. And if the Tenant die in the mean time and his Issue enter the Lord shall have against the Issue a Writ of Entry upon Cessavit or if the Tenant alien the Lord shall have against the Alienee the foresaid Writ But if the Lord have Issue and die and the Tenant be in arrearages of the said Rent and Service in the time of the Father and not in the time of the Issue he may not distrain for the Arrearages in the time of
same Statute And when any Waste or destruction is made by the Recognisee his Executors or him that hath his Estate the Recognisor or his Heirs shall have the same Law as is before said of the Tenant by Elegit If Tenant by Statute-Merchant hold over his term he that hath right may sue against him a Venire fac ' ad computandum or else enter immediately as upon Tenant by Elegit See the Statute 11 E. 1. and of Acton Burnel and 13 E. 1. De Mercatoribus Starr-chamber STarr-chamber was an High Court held in the Star-Chamber at Westm before the King Peers and Iudges abolished per Stat. 17 Car. cap. 10. Sterbrech STerbrech alias Strebrech is the Breaking Obstructing or or making less of a Way Stilyard STilyard is a word used in the Statute of 22 H. 8. chap. 8. where the Ha â— se-Merchants are called the Merchants of the Sti yard which is a place in London where these Merchants or their Brotherhood had their thode And the House is said to be so called because bullt upon a Court-yard near the Thames where Steel was wont to be much sold Sub poena SUb poena is the name of a Writ made in divers Courts of Law and Equity viz. in Chancery and all other Courts to summon Witnesses and in that Court and in the Exchequer in Law and Equity and in the Common Pleas upon Informations qui tam c. to summon Defendants and in the Crown Office upon Informations Suffragan SUffragan is a word used in the Statut of 26 H. 8. cap. 14. and signifies a Titular Bishop appointed to aid and assist the Bishop of the Diocess in his Spiritual Function And he is called Suffraganeus in Latin because by his Suffrage Ecclesiastical Causes are to be adjudged Suggestion SUggestion is an Information drawn in Writing shewing cause to have a Prohibition which is left in Court and is mentioned in the Statute 2 E. 6. cap. 13. Sumage SUmage seems to be Toll for Carriage on Horseback Cro. Jurisd f. 191. Summons ad Warrantizandum c. SUmmons ad Warrantizandum and Sequatur sub suo periculo See of them after in the Title Voucher Supercargo ou Supracargo SUpercargo ou Supracargo is a Factor or Agent which goes with a Ship beyond the Seas by order of the Owner of the Wares therein and disposes thereof And the Master of the Ship is obliged to perform the Orders of such Factor or Supereargo Supersedeas SUpersedeas is a Writ that lies in divers cases as appears by F. N. B. f. 236. A. but it is always a command to stay some ordinary Proceedings in Law which ought otherwise to proceed Supplicavit SUpplicavit is a Writ issuing out of the Chaucery directed to the Sheriff and some Iustices of the Peace in the County or to one or more Iustices without the Sheriff for taking Surety of such a one as it is prayed against that he should keep the Peace and this is by the Statute of 1 E. 3. c. 16. See F. N. B. f. 80. C and see the Stat. 21 Jac. c. 8. Sur cui in vita SUr cui in vita is a Writ that lies for the Heir of an Inheritrix whose Husband aliened the Inheritance of his Wife and the Wife died before she recovered in a Cui in vita See for this F. N. B. 194. C. Surplusage SUrplusage comes of the French Surplus that is an Overplus and signifies in the Law an Addition of more then needs which sometimes is the cause that a Writ shall abate but in pleading many times it is absolutely void and the residue of the Plea shall stand good Surrejoynder SUrrejoynder is an Answer to the Defendants Rejoynder or a second inforcing of the Plaintiffs Declaration Surrender SUrrender is the Consent of a particular Tenant that he in the Reversion or the Remainder shall presently have the possession And this is either Surrender in Deed by an actual yielding up of the Estate or in Law by the taking of the new Lease or such other act See of this Perkins c. 9. Also it is an act done to the Lord of a Mannor or his Steward of a Copy-hold Estate or done by special Custom of some Mannors to two Copy-hold Tenants of Mannors which surrender ought to be presented at the next Court Baron Swainmote SWainmote or Swannimote is a Court held thrice in a year within a Forrest by the Statute of Charta de Foresta c. 8. for all the Free-holders of the Forrest for so much the Etymology of the word imports Mote in the Norman speech signifying a Court and Swain in the Saxon a Charterer or Free-holder so that Swannimore is the Court of the Free-holder See of this Manwoods Forrest Laws cap. 23. f. 217 c. at large Swainmote in this Court Presentments of Offences done to the Forrest or Game are made given into the Iustices in Eyre Syb Som. SYb Som i. Peace and Security L. L. Eccles. Canuti Regis c. 17. Symony SYmony is an unlawful Contract made to have a man presented to a Rectory or Vicarage which is prohibited by Stat. 31 Eliz. cap. 6. T. fee-Fee-tail TO hold in the Tail is where a man holds certain Lands or Tenements to him and to his Heirs of his Body begotten If the Land be given to a man and to his Heires males and he hath Issue male he hath Fee-simple which was adjudged in Parliament But where Lands are given to a man and to his Heirs males of his body begotten then he hath Fee-tale and the issue Female shall not inherit as appears in the 14 year of E. 3. in an Assise 18 E. 3. 45. fee-Fee-tail is where the Land is given to a Man and the Heirs of his Body begotten and he is called Tenant in Taile general If Lands are given to the Husband and Wife and the Heirs of their two Bodies begotten then the Husband and the Wife are Tenants in Tail especial And if one of them die he that survives is Tenant in Tail after possibility of issue extinct and if he make Waste he shall not be impeached for it See Littleton But if the King give Lands to a man to his Heires males and the Donee dies without issue male then the Cousin collateral of the Donee shall not inherit but the King shall re-enter and so it was adjudged in the Exchequer-chamber 18 H. 8. in an Information made against the Heir of Sir T. Lovel Knight Tail after possibility TO hold in the Tail after possibility of Issue extinct is where Land is given to a Man and his Wife and the Heirs of their two Bodies engendred and one of them overlives the other without issue between them begotten he shall hold the Land for term of his own life as Tenant in the Tail after possibility of Issue extinct and notwithstanding that he do Waste he shall never be Impeached of it And if he alien he in the Reversion shall not have a Writ of Entry in consimili casu
Lessee pays the Rent to the Lessor and he receives it and puts it in his purse and afterwards upon review of it at the same time he finds that he hath received some counterfeit pieces aud thereupon refuses to take away the Money but re-enters for the Condition broken there his Entry is not lawful for when he hath accepted the Money this was at his peril and after this allowance he shall not take exception to any of it Collateral COllateral is that which comes in or adheres to the side of any thing as Collateral Assurance is that which is made over and beside the Deed it self For example if a man covenants with another and enters Bond for the performance the Bond is called Collateral Assurance because it is external and without the nature and essence of the Covenant And Crompton fol. 185. saith that to be subject to feeding the Kings Deer is collateral to the soil within the Forest In like manner we may say that the liberty to pitch Sheds or Standing for a Fair in the soil of another man is collateral to the land The private Woods of a common person within the Forest cannot be cut down without the Kings license for it is a Prerogative collateral to the soil Man part 1. pag. 66. Collateral Warranty See tit Warrantie Collation COllation is properly the bestowing of a Benefice by the Bishop that hath it in his own Gift or Patronage and differs from Institution in this for that Institution into a Benefice is performed by the Bishop at the motion and Presentation of another who is Patron of the same Church or hath the Patrons right for that time Yet Collation is used for Presentation in 25 E. 3. Stat. 6. and there is a Writ in the Regist 31. b. called De Collatione facta uni post mortem alterius c. directed by the Iustices of the Common Pleas commanding them to direct their Writ to the Bishop for the admitting a Clerk in the place of another presented by the King who during the Suit between the King and the Bishops Clerk deceased for judgment once passed for the Kings Clerk and he dying before he be admitted the King may give his Presentation to another Collusion COllusion is where an action is brought against another by his own agreement if the Plaintiff recover then such Recovery is called by Collusion And in some cases the Collusion shall be enquired of as in Quare impedit and Assise and such like which any Corporation or Body politick brings against another to the intent to have the Land or Advowson whereof the Writ is brought in Mortmain But in Avowry nor in any Action personal the Collusion shall not be inquired See the Stat. of Westm 2. c. 32. which gives the Quale jus and enquiry in such cases Colour COlour is feigned matter which the Defendant or Tenant uses in his barre when an Action of Trespass or an Assise is brought against him in which he gives the Demandant or Plaintiff a Shew at first sight that he hath good cause of Action where in truth it is no just cause but only a Colour and Face of a cause and it is used to the intent that the determination of the Action should be by the Iudges and not by an ignorant Iury of twelve men And therefore a Colour ought to be a matter in Law doubtfull to the common people As for example A. brings and Assise of land against B. and B. saith he himself did let the same land to one C. for term of life and afterward did grant the Reversion to A. the Demandant and after C. the Tenant for term of life died after whose decease A. the Demandant claiming the Reversion by force of the Grant whereto C. the Tenant for life did never atturn entred upon whom B. entred against whom A. for that Entry brings this Assise c. This is a good Colour because the common people think the land will pass by the Grant without Atturnment where indeed it will not pass c. Also in an Action of Trespass Colour must be given of which there are an infinite number one forexample In an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith that before the Plaintiff had any thing in them he himself was possessed of them as of his proper goods and delivered them to A. B. to deliver them to him again when c. and A. B. gave them unto the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and and the Defendant took them from the Plaintiff whereupon the Plaintiff brings an Action that is a good Colour and a good Plea See more hereof in Doctor and Student l. 2. c. 13. Colour is for this cause viz. where the Defendant justifies by title in trespass or Assize if he do not give the Plaintiff Colour his plea amounteth only to not guilty for if the Defendant hath title he is not guilty 1 Co. 79. 108. Colour of Office COlour of Office is always taken in the worst part and signifies an act evilly done by the countenance of an Office and it bears a dissembling face of the right of the Office whereas the Office is but a vail to the falshood and the thing is grounded upon vice and the Office is as a shadow to it But by reason of the Office and by virtute of the Office are taken always in the best part and where the Office is the just cause of the thing and the thing is pursuing the Office Plo. in Dive Man case sol 64. a. Combat COmbat in our ancient Law was a formal Trial of a doubtful Cause or quarrel by the Sword or Bastons of two Champions See Glanvile l. 14. c. 1. Britton c. 22. and Dyer fol. 301. num 41. Commandment COmmandment is taken in divers significations sometimes for the Commandment of the King when by his mere motion and from his own mouth he casts any man into prison Stamf. Plac. Coron fol. 72. or of the Iustices And this Commandment of the Iustices is either absolute or ordinary Absolute as when upon their own authority or wisdom and discretion they commit any man to prison for a punishment Ordinary is when they commit one rather to be safely kept then for punishmenr and a man committed by such ordinary Commandment is bailable Placit Cor. fol. 73. Commandment is again used for the offence of him that wills another man to transgresse the Law or to do any such thing as is contrary to the Law as Murther Theft or such like Bract. l. 3. tract 2. c. 19. The Civilians call this Commandment Angelus de maleficiis Commendrie COmmandrie was the name of a Manor or chief Messuage with which Lands or Tenements were used belonging to the late Priory of S. John of Jerusalem untill they were given to King Henry the eighth by Statute made in the 32 year of his reign And he who
Winchester 13 Edw. 1. which appoints for the conservation of the Peace and view of Armour two Constables in every Hundred and Liberty and these are at this day called High Constables because the increase of people and offences hath again under these made others in every Town called Pe ◠ie Constables who are of the like nature but of inferiour authority to the other Besides these there are Officers of particular places called by this name as Constable of the Tower Stan. 152. 1 H. 4. 13. Constable of the Exchequer 15 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. pag. 239. F. N. B. otherwise called Castellain Manw. part 1. cap. 13. of his Forest Law makes mention of a Constable of the Forest Customes and Services See Prescription CUstomes and Services is a Writ and lies where I or my ancestors after the limitation of Assise for which see the Title of Limitation in the Collection of Statutes were not seised of the Customes or Services of the Tenant before then I shall have this Writ to recover those Services Also the Tenant may have this Writ against his Lord but after the Tenant hath declared the Lord shall defend the words of the Declaration and replying shall say that he distrained not for the Customes whereof the Declaration is and then he shall declare all the Declaration of the Customes and Services and then the Tenant who was Plaintiff shall become Defendant and shall defend by Battel or great Assise Consultation COnsultation is a Writ whereby a Cause being formerly removed by Prohibition out of the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Iudges of the Kings Court comparing the Libell with the Suggestion of the party find the Suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a Consultation Of this you may read the Regist Orig. fol. 44. untill fol. 58. Old Nat. Brev. fol. 32. Fitzh Nat. Brev. fol. 50. Contenement COntenement seems to be the Freehold-land that lies to the Tenement or Dwelling-house that is in his own occupation for in Magna Charta cap. 14. there are these words A Free-man shall not be amerced for a small fault but according to the quantity of the fault and for a great fault according to the manner thereof saving unto him his Conteuement or Free-hold And a Merchant shall also be amerced saving to him his Merchandizes and a Villain saving to him his Wainage Continual Claime COntinual claim is where a man hath right to e ◠ter into certain lands whereof another is seised in Fee or fee-Fee-tail and dares not enter for fear of death or beating but approaches as nigh as he dares and makes Claim thereto within the year and day before the death of him that hath the Lands if that he who hath the Land die seised and his Heir is in by discent yet he that makes such Claim may enter upon the Heir notwithstanding such discent because he hath made such Continual claim But such Claim must always be made within the year and the day before the death of the Tenant for if such Tenant do not die seised within a year and a day after such Claim made and yet he that hath right dares not enter then it behoves him that hath such right to make another Claim within the year and day after the first Claim and after such second Claim to make the third Claim within the year and day if he will be sure to save his Entry But if the Disseisor die seised within the year and day after the Disseisin and no Claim made then the entrie of the Disseisee is taken away for the year and day shall not be taken from the time of the title of the Entry to him grown but only from the time of the last Claim by him made as is aforesaid See more hereof in Littl. li. 3. c. 7. and see the Stat. 32 H. 8. cap. 33. Continuance COntinuance in the Common Law is of the same signification with Prorogatio in the Civil as Continuance until the next Assise Fitzh Nat. Brev. 154. f and 244. d. in both which places it is said That if a Record in the Treasury be alledged by the one party and denyed by the other a Certiorari shall be sued to the Treasurer and the Chamherlain of the Exchequer and if they do not certifie in the Chancery that such Record is there or that it is like to be in the Tower the King shall send to the Iustices repeating the said Certificate and commanding them to continue the Assise In this signification it is also used by Kitchen 202. and 119. also Anno 11 H. 6. cap. 4. Contract COntract is a Bargain or Covenant between two parties where one thing is given for another which is called Quid pro quo as if I sell my Horse for money or if I covenant to make you a Lease of my Mannor of Dale in consideration of twenty pound that you shall give me these are good Contracts because there is one thing for another But if a man make promise to me that I shall have xx s. and that he will be debtor to me thereof and after I ask the xx s. and he will not deliver it yet I shall never have any Action to recover this xx s. because this Promise was no Contract but a bare Promise and Ex nudo Pacto non oritur Actio But if any thing were given for the twenty shillings though it were but to the value of a peny then it had been a good Contract Contra forma Collationis COntra formam Collationis is a Writ that lies where a man hath given Lands in perpetual Almes to any of the late Houses of Religion as to an Abbot and Convent or other Soveraign or to the Warden or Master of any Hospital and his Covent to find certain poor men and to do other Divine Service if they alien the Lands then the Donor or his heirs shall have the said Writ to recover the Land But this Writ shall be alway brought against the Abbot or his successor and not against the Alienee although he be Tenant but in all other Actions where a man demands Free-hold the Writ shall be brought against the Tenant of the Land See the Stat. West 2. cap. 41. Contra formam Feoffamenti COntra formā Feoffamenti is a Writ that lies where a man before the Statute of Quia emptores terrarum made 18 Edw. 1. infeoffed another by Deed to do certain Service if the Feoffor or his heirs distrain him to do other Service then is comprised in the Deed then the Tenant shall have this Writ commanding him not to distrain him to do other Service then is comprised in the Deed. But this Writ lies not for the Plaintiff who
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple fee-Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or fee-Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
both are Records yet the Iudgment in the Kings Court upon judicial and ordinary proceeding is more notorious and conspicuous and of a more high and eminent degree then a Statute or Recognisance taken in private and by consent of parties and is therefore preferred in judgment of the Law before Recognisance or Statute and if the Executors do not satisfie this first then if they have no goods of the dead in their hands they shall pay it of their own So the Ordinary having goods of one that dies intestate in his hands by Sequestration and an Action of Debt upon an Obligation to the value of the said goods is brought against him as Ordinary he shall not dispose or administer any parcell of the said Goods to the other Creditors at his pleasure but is bound to satisfie the Debt first for which an Action is brought against him Dyer fol. 232. placit 5. If a Sheriff retorne ex officio without inquest that the Executor hath wasted goods the Execution goes de bonis propriis of the Executor and if the retorn be false then the Executor may have an Action upon the Case against the Sheriff for his false retorn because the Executor hath no day to plead But if the Sheriff retorn a devastavit upon an Inquiry by a Iury the Executor may appear and traverse quod non devastavit and try it 1 Cro. Mounson and Bourn Proctor versus Chamberlain Devenerunt DEvenerunt is a Writ directed to the Escheator when any of the Kings Tenants holding in Capite dies and when his son and heir within age and in the Kings custody dies then shall this Writ go forth commanding the Escheator that he by the oath of good and lawful men enquire what Lands or Tenements by the death of the Tenant come to the King c. See Dyer f. 360. pla 4. But see the Stat. 12. Car. 2. cap. 24. Devest DEvest is a word contrary to Invest for as Invest signifies to deliver the possession of a thing so Devest signifies the taking it away Devise DEvise is where a man in his Testament gives or bequeaths his Goods or Lands to another after his decease And where such Devise is made of Goods if the Executors will nor deliver them to the Devisee he hath no remedy by the Common Law but it behoves him to have a Citation against the Executors of the Testator to appear before the Ordinary to shew why he performs not the Will of the Testator for the Devisee may not take the Legacy and serve himself but it must be delivered to him by the Executors See the Stat. 32 H. 8. ca. 1. 34 H. 8. ca. 5. 29 Car. 2. ca. 3. By which last Statute the Law of Testameuts is altered But by the Common Law if a man be sole seised of Lands in fee and devises them by Testament this Devise was void unless the Lands were in City or Borough where Lands are devisable by Custome But if any man were infeoffed to the use of another and his heirs and he to whose use he was so seised did make Devise of his Lands this Devise was good though it were not in a Town where Lands are devisable Also if any man devise Lands in City Town or Borough devisable and the Devisor dies if his Heir or any other abate in the Lands then the Devisee shall have a Writ of Ex gravi querela But this Writ shall never be pleaded before the Kings Iustice but always before the Maior or Bailiffs in the same Town And here to the end to shew how much the Laws of this Realm and the discreet Iudges of the same who are the Interpreters of it do favour Wills and Testaments and Devises in yielding to them such a reasonable construction as they think might best agree with the minds of the dead considering that Wills and Testaments are for the most part and by common intendment made when the Testatour is very sick weak and past all hope of recovery for it is a received opinion in the Countrey amongst most that if a man should chance to be so wise as to make his Will in his good health when he is strong of good memory and hath time and leisure to ask counsell if any doubt were of the Learned that then he should not live long after and therefore they deferre it to such time when it were more convenient to apply themselves to the dispositions of their Souls than of their Lands or Goods except it were that by the fresh memory and recital of them at that time it might be a cause to put them in mind of some of their goods or lands falsly gotten and so move them to restitution c. And at that time the penning of such Wills is commonly committed to the Minister of the Parish or to some other more ignorant who knows not what words are necessary to make an Estate in Fee-simple Fee-tail for term of life or such like besides many other mischiefs I will therefore here set down some of those Cases that are most common in ignorant mens mouths and carry by the wise interpretations of the Judges a larger and more favourable sense in Wills than in Deeds First therefore if one devise to J. S. by his Will all his Lands and Tenements here not only all those Lands that he hath in possession do pass but all those that he hath in Reversion by virtue of those words Tenements And if Lands be devised to a man to have to him for ever or to have to him and his Assigns in these two cases the Devisee shall have a Fee-simple But if it be given by Feoffment in such manner he hath but an Estate for term of life And if a man devise his Land to another to give sell or do therewith at his pleasure or will this is Fee-simple A Devise made to one and to his Heirs males doth make an estate-Estate-tail But if such words be put in a Deed of Feoffment it shall be taken for Fee-simple because it doth not appear of what body the Heirs males shall be begotten If Lands be given by Deed to J. S. and to the Heirs males of his body c. who hath issue a daughter who hath issue a son and dies there the Land shall return to the Donor and the son of the Daughter shall nor have it because he cannot convey himself by Heirs males for his mother is a let thereto But otherwise it is of such a Devise for there the son of the daughter shall have it rather then the Will shall be void If one devise to an Infant in his mothers belly it is a good Devise but otherwise by Feoffment Grant or Gift for in those cases there ought to be one of ability to take presently or otherwise it is void See 14. El. Dy. 304. A Devise made in Fee-simple without expresse words of Heirs is good in Fee-simple But if a Devise be made to J. N. he
the Province against any inferiour Ordinary for Delaying Iustice in any Cause Ecclesiastical as to give sentence or to institute a Clerk presented or such like the effect of which is That the Archbishop taking knowledge of such Delay directs his Letters under his authentical Seal to all and singular Clerks of his Province thereby commanding and giving authority to them and every of them to admonish the said Ordinary within nine days to do the Iustice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to alledge the cause of his Delay and lastly to intimate to the said Ordinary that if he performs not the thing injoyned nor appears at the day assigned he himself without other Delay will proceed to perform the Iustice required And it seems to be called a Double Quarel because it is most commonly made against the Iudge and him at whose request Iustice is delayed Dower DOwer by the Law of the Realm is a Portion which a Widow hath of the Lands of her husband which by the Common Law is the third part but by her husbands assignment by his fathers assent at the Church-door she may have so much of his fathers Land as is so assigned and so of the husbands assignment of part of his own Land And Dower by the Custome of some places is to have half the husbands Land Dower is also a Writ that lies where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or fee-Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the husband was sole seised any time during the Coverture by a Writ of Dower unde nihil habet though he died not seised and though he made Alienation thereof in his life But if a man before the Statute of Vses 27 H. 8. had Lands in which another man or other men were seised to his use always during the Coverture and he to whose use they were seised died before the said Statute his wife should not be endowed And if before the said Statute two men were seised of Lands to the use of one of them and he to whose use c. died before the said Statute his wife should not be endowed Also if a woman bring a Writ of Dower she should recover Dammages for the profit run after the death of her husband if he died seised thereof but if any Alienation or Estate were made during the Coverture so that the husband died not seised then though she should recover the Land yet no Dammages Also there is another Writ of Dower called a Writ of Right of Dower which lies where a woman hath recovered part of her Dower in one Town and the other part she is to recover But in divers cases a woman shall not have Dower as if the husband commit Treason for which he is attainted then his wife shall have no Dower And if she elope from her husband with another man in Adultery and be not reconciled to him of her own will without coercion of the Church she shall not be endowed See Lit. l. 1. cap. 4. And note where in the Civil Law Dower is that which the husband hath with his wife in Marriage to maintain the married estate by the Laws of this Realm the word Dower signifies such Portion as the wife after her husbands death shall have to live on Dozeine DOzeine See Deciners Drie Exchange DRie Exchange Anno 3 H. 7. cap. 5. Seems to be a subtile term invented to disguise Vsury in which something is pretended to pass on both sides whereas in truth nothing passes on the one side Drift of the Forest DRift of the Forrest is nothing else but an exact view or Examination taken once twice or oftner in a year as occasion shall require what Beasts there are in the Forrest to the end that the Common in the Forrest be not over-charged that the Beasts of Foreiners that have no Common there be not permitted and that Beasts not commonable may be put out See for this the Statute of 32 H. 8. cap. 35. and Manwoods Forrest Laws cap. 15. Right RIght is where one hath a thing that was taken from another wrongfully as by Disseisin Discontinuance or such like the Challenge or Claim of him that ought to have it is called Right If a woman release all her Right to him in Reversion her Dower is extinct for when the Right which is the foundation and principal is released by Consequence the Action which is but the means to recover is also released By Release of all Title to the Land all his Right is extinct So when a man hath Title either by Condition or by Alienation in Mortmain the Release of all his Right shall extinguish this Title Cok. lib. 8. fol. 151 153. Right of Entry RIght of Entrie is when one seised of Land in fee is thereof disseised now the Disseisee hath Right to enter into the Land and may so do when he will or else may have a Writ of Right against the Disseisor Duces tecum DUces tecum is a Writ out of the Chancery commanding a man to appear there and to bring with him some piece of Evidence or other thing that the Court would have a sight of Dum fuit infra Aetatem DUM fuit infra aetatem is a Writ that lies where an Infant aliens his Land in Fee-simple or for term of life when he comes to his full age he shall have this Writ or he may enter if he will but he must be of full age the day of his Writ brought Also if an Infant alien his Land and die his issue at his full age shall have this Writ or he may enter but the issue shall not have this Writ within his age Dum non fuit compos mentis DUM non fuit compos mentis is a Writ that lies when a man that is out of his wit viz. Mad or Lunatick aliens his Land in Fee-simple and dies then his Heir after his decease shall have this Writ but he himself shall not have it for that a man shall not be received to disable himself Also this Writ may be made in the Per Cui and Post Duplicat DUplicat is a Second Letters Patents granted by the Lord Chancellour in case where he hath granted the same before and therefore they are held void by Crompton in his Jur. of Courts fol. 215. Duresse DUresse is where one is kept in Prison or restrained from his Liberty contrary to the order of Law or threatned to be killed maimed or greatly beaten and if such person so in Prison or in fear of such Threatnings make any Specialty or Obligation by reason of such Imprisonment such a Deed is void in Law and in an Action brought upon such a Specialty he may say it was made by Duresse
of Imprisonment But if a man be arrested upon an Action at the Suit of another though the cause of Action be not good nor true if he make an Obligation to a Stranger being in prison by such Arrest yet it shall not be said by Duresse But if he make an Obligation to him at whose Suit he was arrested to be discharged of such Imprisenment then it shall be said Duresse Duchy IS a Court in the Duchy Chamber of Lancaster at West before the Chancellor del Duchy de Lanc̄ for matters concerning the lands and Franchises of the Duchy and their proceedings are by English bill as in Chancery Co. 4. Inst 204. E. Earlderman EAlderman among the Saxons was as much as Earl among the Danes Camb. Brit. 107. And at this day we call them Aldermen who are Associates to the chief Officer in the Common Council of the Town 34 H. 8. c. 13. And in some places the chief Officer himself is called Alderman Earle EArle See Countee Easement EAsement is a Priviledge that one Neighbour hath of another by Writing or Prescription without profit as a Way or a Sink through his Land or such like Kitch f. 105. Egiptians EGiptians commonly called Gipsies are counterfeit Rogues Welsh or English that disguise themselves in speech and apparel and wander up and down the Country pretending to have skill in telling Fortunes and to deceive the common people but live chiefly by filching and stealing and therefore the Statutes of 1 2 Mar. c. 4. 5 Eliz. c. 20. were made to punish such as Felons if they departed not the Realm or continued so a mouth Ejectione firmae EJectione Firmae Look for that in the Title Quare ejecit infra terminum Ejectment de Gard. Ejectment de Gard. See that in the Title Gards Eigne EIgne is a French word and signifies the Eldest or First-born See Enitia pars Einecia EInecia signifies Eldership Stat. of Ireland Anno 14 H. 3. See Enitia pars Eire Justices EIre Justices or Itinerant as we call them were Iustices that used to ride from place to place throughout the Realm to administer Iustice And these Iustices had authority in ancient times to grant Land that was seised for the King for Alienation without licence for then Iustices in Eire might have granted such Land in fee rendring Rent as Iustices of the Forrest who in effect as to this purpose are Iustices in Eire at this day may of Lands iuclosed within a Forrest without the Kings licence Coke l. 2. fol. 80. Election ELection is when a man is left to his own Free will to take or do one thing or another which he pleases As if A covenants to pay B a pound of Pepper or Saffron before Whitsontide it is at the Election of A at all times before Whitsontide which of them he will pay but if he pays it not before the said Feast then afterward it is at the Election of B of have his Action for which he pleases Dyer f. 18. pl. 104. So if a man gives to another his Horse or Cow the Donee may take the one or the other at his Election But if it be that he will give in the future tense then the Donee cannot take the one nor other for then the Election is in the Donor 21 H. 7. 19. Also if a Iustice of Peace direct his Warrant to a Constable to bring the party apprehended before him or another Iustice it is in the Election of the Constable to go to what Iustice he pleases Coke lib. 5. fol. 59. And so in many other cases Elegit TO hold by Elegit is where a man hath recovered Debt or Dammage by a Writ against another by confession or in other manner he shall have within the year against him a Writ judicial called Elegit to have execution of the half of all his Lands and Chattels except Oxen and Beasts of the plow till the Debt and Dammages be wholly levied and paid him and during this term he is Tenant by Elegit If he be put out within the term he shall have Assise of Novel Disseisin and after a Redisselsin if need be and this is given by the Statute of Wes ◠m. 2. c. 18. And by the equity of the said Statute he that hath this Estate if he be put out shall have Assise and Redisseisin if need be And also if he make his Executors and die and his Executors enter and after are put out they shall have such Action as he himself And if he be put out and after make his Executors and die his Executors may enter and if they be stopped of their Entry they shall have a Writ of Trespasse upon their Case If he do Waste in all the Land or parcel the other shall have against him immediately a Writ judicial out of the first Record called Venire facias ad computandum by which it shall be enquired if he have levied all the money or parcel and if he have not levied the money then it shall be enquired to how much the Waste amounts and if the Waste amount but to parcel then as much of the money as the Waste amounts unto shall be abridged of the aforesaid money which was to be levied But if he have done more Waste then the aforesaid summ of money which was to be levied amounts to the other shall be discharged forthwith of all the said money and shall recover the Land And for the superfluity of the Waste made above the said summ he shall recover his dammages single The same Law is of his Executors and of him that hath his Estate Or if the Debtor be satisfied by digging Coals Load Tyn or oeher casual profits See the Stat. 32 H. 8. c. 5. If all the Lands extended be evicted from the Debtor by a better title he may take a new Execution Co. 4. Rep. 66. If he alien in fee for term of life or in tail all or parcel of the Land which he holds by Elegit if the Alienation be made within the term or after he who hath right shall have against him an Assise of Novel Disseisin And they both must be put in the Assise the Alienor and the Alience and though the Alienor d ◠e presently yet he who hath right shall have Assise against the Alienee alone as if the Alienee had been a plain Tenant for term of years And that is by the equity of the Statute of Westm 2. cap. 25. for that he hath but a Chattel in effect And the same Law is of his Executors and of him who hath his Estate as is aforesaid In Elegit if the Sherif return that the party hath nothing the day of the Recognizance made but that he purchased Lands after the time then the Plaintiff shall have a new Writ to have Execution thereof The same Law is of a Statute-Merchant After a Fieri facias a man may have the Elegit but not contrariwise for that the Elegit is of a higher nature then the
Soccage the Widow is sped of her Dower rather in the Soccage-Lands as the fairest part Of this see Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement is when a man is incorporated into any Society or Body politick So if an Alien born be made Denizon of England he is said to be enfranchised and he that is made a Citizen of London or other Town Corporate because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised And when a man is enfranchised into a City or Borough he hath a Free-hold in his Freedome for his life and with others in their politick capacity hath Inheritance in the Land of the said Corporation wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed and not only an Endeavouring or enterprising whereof he may repent before it be put in execution And what shall be sufficient cause to dis-infranchise a Free-man and what not see Cok. lib. 11. in Bagg's Case fol. 98. Englesherie ENglesherie or Englecerie is an old word which signifies the being an Englishman For in ancient time as appears by Bracton lib. 3. Tract 2. cap. 15. fol. 134. if a man had been slain or murthered he was accounted to be Francigena which word implies every Alien until Englesherie were proved that is until it was made manifest that he was an Enlish-man The original whereof was this Kanotus the Danish King having established his Estate here in peace at the request of our Barons discharged the Land of his Armies wherein he reposed his greatest safety upon this condition That the Barons would give consent to a Law That whosoever should â— ill an Alien and was apprehanded and could not acquit himself should be liable to Iustice â— But if the Man-slaier escayed the Town where the man was slain should forfeit sixty six Marks to the King and if â— he Town was not able to pay it then the Hundred should forfeit and pay this to the King 's own Tteasury and farther That every man murthered should be accounted Francigena unless Englesherie were proved and how it should be proved see Bracton in the same chap. num 7. Also see Horn's Mirrour of Justices l. 1. cap. of the Office of Coroners and Fleta l. 1. c. 30. This Englesherie for the abuses and grievances which were afterwards perceived to arise therefrom was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke l. 7. f. 16. Calvin's Cafe Enheritance ENheritance is such Estate in Lands or Tenements or other things as may be inherited by the Heir whether it be estate in Fee-simple or Tail by Discent from any of his Ancestors or by his own Purchase And it is divided into Enheritance Corporate and Enheritance Incorporate Enheritance Corporate are Mesuages Lands Meadows Pastures Rents and such like that have substance in themselves and may continue always And these are called Corporal things Enheritance Incorporate are Advowsons Villains Ways Commons Courts Fishings and such like that are or may be appendant or appurtenant to Enheritance Incorporate The Eldest part ENitia or Einecia pars is that Part which upon Partition among Coparceners falls to the Eldest Sister or ancientest Coparcener as it appears by Littleton sect 245. And it is called Enitia pars from the French word Eigne or Aisne that is the First-born Enquest ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact And such Inquiry is either ex officio which are called Inquests of Office and are traversable or at the mise of the parties This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors Entendment ENtendment is an usual word in our Law when a thing is in doubt then by Entendment it shall sometimes be made good As if an Inquisition be found before a Coroner that a man was murthered at A. which is a Liberty and is not said in the Inquisition at A within the Liberty of A yet it shall be good by Entendment for peradventure the Liberty may extend beyond the Town but that the Town if self shall be presumed to be out of the Liberty of the Town is a captious construction wherefore the Inquisition shall be good by Entendment Coke l. 5. f. 121. See Kitch f. 224. Enterpleader ENterpleader is when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined For example Two persons be found Heir to Land by two several Offices in one County by this the King is in doubt to whom he shall make Livery for which cause before Livery made he will have them interplead and thereby determine who is the right Heir See Coke l. 7. f. 45. Stam. Prer c. 19. Brooke tit Enterpleader Also there is another sort of Interpleader in Detinue in divers cases which see Rast Entries 213. Entire Tenancie ENtire Tenancie is that which is contrary to Several Tenancy and signifies a Sole possession in one man where the other signifies Ioynt or common in more See Brooke Several Tenancies and the Old Book of Entries under this Title Entrie ENtrie is where a man enters into any Lands or Tenements or takes possession of them Also there are divers Writs of Entry which are in divers manners One is a Writ of Entrie sur Disseisin which lies where a man is disseised he or his Heir shall have this Writ against the Disseisor or any other after Tenant of the Land And if the Disseisor alien and die seised then the Writ of Entrie shall be against the Heir and the Alienee in the Per viz. in which the Tenant hath no Entry but by such a one naming the Disseisor who him hath disseised c. If the Heir or Alienee die seised or alien to another then the Writ shall be in the Per and Cui viz. to which the Tenant hath no Entry but by such a one naming the Heir or Alienee of the Disseisor to whom such a one naming the Disseisor did let it who by force disseised him c. And if Land be conveyed over to many or if the first Disseisor be disseised then the Writ of Entry shall be in the Post viz. that the Tenant hath no Entry but after the Disseisin which the first Disseisor made to the Demandant or his Ancestor See Entre en le Per. Entrie in the Per Cui and Post A Writ of Entrie in the Per lies where a man is disseised of his Free-hold and the Disseisor aliens or dies seised and his Heir enters then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor or against the Alienee of the Disseisor but living the Disseisor he may have an Assise if he will and the Writ of Entry shall say In quod A non habet Ingressum nisi per B qui illud
to say the truth And of Estoppels there are divers One for example is when J. S. is bound in Obligation by the name of T. S. or any other name and is sued afterward according to the name in the Obligation now he shall not be received to say that he is misnamed but shall be driven to answer according to the name put in the Obligation that is T. S for peradventure the Obligee did not know his name but by the report of the Obligor himself and inasmuch as he is the same man that was bound he shall be estopped and forbidden in Law to say contrary to his own deed for otherwise he might take advantage of his own wrong which the Law will not suffer a man to do If the daughter who is Heir to her father will sue Livery with her Sister who is a Bastard she shall not afterward be received to say that her Sister is a Bastard insomuch as if her Bastard-sister take half the Land there is no remedy by the Law Also if a man seised of Lands in Fee-simple will take a Lease for years of the same Land of a stranger by Deed indented this is an Estoppel during the term of years and the Lessee is thereby barred to say the truth which is That he that Leased the Land had nothing in it at the time of the Lease made and that the Fee-simple was in the Lessee But this he shall not be received to say till after the years are determined because it appears that he hath an Estate of years and it was his folly to take a Lease of his own Lands and therefore shal thus be punished for his folly Estovers Estovers are Nourishment or Maintenance And Bract. l. 3. tract 2. c. 18. num 1. uses it for such Sustenance as a man taken for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Statute of 6 E 1. c. 3. uses it for an allowance in Meat or Cloth It is also used for certain Allowances of wood to be taken out of another Mans wood Westm 2. c. 15. Anno 13. 1. West part 2. tit Fines sect 26. saith That the name Estovers comprehends House-boot Hedge-boot and Plow-boot as if one hath in his Grant these general words Reasonable Estovers in the Woods c. he may thereby claim those three Estrangers EStrangers are sometimes taken for those that are not Parties or Privies to the levying of a Fine or making of a Deed sometimes those that are born beyond Sea Estray EStray is where any Beast or Cattel is in any Lordship and none knows its Owner then it shall be seised to the use of the King or of the Lord that hath such Estray by the Kings Grant or by Prescription and if the Owner make claim thereto within a year and a day he shall have it again otherwise after the year the property thereof shall be to the Lord provided he make Proclamation of it according to Law Estreat EStreat is a Figure or Resemblance and is commonly used for the Copy or true Note of an Original writing as Estreats of Amerciaments imposed in the Rolls of a Court to be levied by the Balliff or some other Officer of every man that hath offended See F. N. B. 75 76. And so it is used in Westm 2. c. 2. Estrepment EStrepment is a Writ that lies where one is impleaded by a Praecipe quod reddat for certain Land if the Demandant suppose that the Tenant will do Waste depending the Plea he shall have against him this Writ which is a Prohibition commanding him to do no waste depending the Plea And this Writ lies properly where a man demands Lands by Formedon or writ of Right or such writs where he shall not recover Dammages for in such writs where he shall recover Dammages he shall have his Dammages with regard to the waste done Etate probanda ETate probanda is a Writ of Office and it lies for the Heir of the Tenant that held of the King in chief to prove he is of full age directed to the Sheriff to enquire of his age and then he shall become Tenant to the King by the same Services that his Ancestors made to the King But it is said that every one that shall pass in this Enquest shall be of the age of xlii years at least But see the Stat. 12 Car. c. 2. for abolishing the Court of Wards and Liveries c. Evesdroppers EVesdroppers are such as stand under Walls or Windows by night or day to hear news and to carry them to others to make strife and debate amongst their Neighbors those are evil Members in the Common-wealth and therefore by the Stat. of Westm 1. c. 33. are to be punished And this Misdemeanor is presentable and punishable in the Court-Leet Kitch f. 11. Evidence EVidence is generally used for any Proof be it by the Testimony of men or by Writing Sir Tho. Smith l. 2. c. 17. uses it in both senses in these words Evidence is authentical Writings of Contracts according to the manner of England that is written sealed and delivered And l. 2. c. 23. speaking of the Prisoner that stands at the Bar to plead for his life and of those that charge him with Felony thus Then he tells what he can say after him also all those who were at the Apprehension of the Prisoner or who can give any Signs or Tokens which we call in our Language Evidence against the Malefactor Exaction EXaction is a wrong done by an Officer or by one pretending to have authority in demanding or taking any reward or Fee for that matter cause or thing which the Law allows not The difference between Exaction and Extortion is this Extortion is where an Officer demands and extorts a greater Sum or Reward then his just Fee And Exaction is where an Officer or other man demands and wrests a Fee or Reward where no Fee or Reward is due at all See Extortion Exception EXception is a Bar or Stay to an Action and is divided into Exception dilatory and peremptory Of these two see Bracton l. 5. tract 5. and Britton c. 91 92. Exchange EXchange is where a man is seised of certain Land and another is seised of other Land if they by a Deed indented or without Deed if the Lands be in one County exchange their Lands so that each of them shall have other Lands to him so exchanged in fee fee-fee-tail or for term of Life that is called an Exchange and is good without Livery and Seisin In Exchange the Estates to them limited must be egal for if one should have an Estate in fee in his Land and the other an Estate in the other Land but for term of Life or in tail such Exchange is void but if the Estates be egal though the Lands be not of egal value yet the exchange is good Also an exchange of Rent for Land is good And an exchange
Forestall FOrestall is to be quit of Amerciaments and Cattels arrested within your Land and the Amerciaments thereof coming Founder FOunder is he that uses the Art of Melting or Dissolving Metals and making any thing thereof by casting in Molds He seems to have his name from the Latine word Fundere and is mentioned in the Statute of 17 R. 2. cap. 1. Fourcher FOurcher is a device used to delay the Plaintiff or Demandant in a Suit against two who thereto are not to answer till they both appear and the Appearance or Essoin of one will excuse the others Default at that day and they agree that the one shall be essoined or appear one day and for lack of the Appearance of the other have day over to appear and the other party shall have the same day and at that day the other will appear or be essoined and he that appeared or was essoined before will not then appear because he hoped to have another day by the Adjournment of the party who then appeared or was essoined This is called Fourcher and in some cases the mischief thereby is remedied by the Statute of Gloucest cap. 10. and Westm̄ 1. cap. 42. Franchise FRanchise is a French word and signifies in our Law an Immunity or Exemption from ordinary Iurisdiction as for a Corporation to hold Pleas within themselves to such a value and the like See of this in the Old Nat. Brev. fol. 4. a b. Franchise Royal. FRanchise Royal is where the King grants to one and his Heirs that they shall be quit of Toll or such like Free Almes FRee Almes is where in ancient times Lands were given to an Abbot and his Covent or to a Dean and his Chapter and to their Successors in pure and perpetual Almes without expressing any Service certain this is Frank-almoigne and such are bound before God to make Oraisons and Prayers for the Donor and his Heirs and therefore they do no Fealty and if such as have Lands in Frank-almoigne perform no Prayers nor Divine Service for the Souls of the Donors they shall not be compelled by the Donors to do it but the Donors may complain to the Ordinary praying him that such negligence be no more and the Ordinary of right ought to redress it But if an Abbot c. holds Lands of his Lord for certain Divine Service to be done as to sing every Friday a Mass or do some other thing if such Divine Service be not done the Lord may distrain and in such case the Abbot ought to do Fealty to the Lord and therefore it is not said Tenure in Frank-almoign but Tenure by Divine-Service for none can hold by Frank-almoign if any certain Service be expressed Frank Bank FRank Bank or Free Bench are Copihold-Lands which the Wife being married a Virgin hath after the decease of her husband for her Dower Kitch f. 102. Bract lib. 4. tract 6. cap. 13. num 2. hath these words There is a custom in those parts that the Wives their Husbands being dead should have Frank Bank of Lands of Sockmans and hold it in name of Dower Fitzh calls this a Custome by which in some Cities the Wife shall have all the Lands of her Husband for Dower N. B. fol. 150. See Plow fol. 411. Frank Chase FRank Chase is a Liberty by which all men having Land within this compass are prohibited to cut down the Wood or discover c. without the view of the Forrester although it be his own Crom. Jur. f. 187. Frank Fee TO hold in Frank Fee is to hold in Fee-simple Lands pleadable at the Common Law and not in ancient Demesne Frank Law FRank Law See Crom. Just of Peace f. 151. where you may find what this is by the contrary for he that for an Offence as Conspiracy loses his Frank Law is said to fall into these Mischiefs First that he shall never be Impanelled upon any Iury or Assize or otherwise used in saying any Truth Also if he have any thing to do in the Kings Court he shall not approach thither in person but must appoint his Attourney 3 His Lands Goods and Chattels are to be seised into the Kings hands and his Lands must be estrepped his Trees rooted up and his Body committed to prison Free Marriage FRee Marriage is when a man seised of Land in Fee-simple gives it to another man and his wife who is the daughter sister or otherwise of kin to the Donor in Free Marriage by virtue of which wards they have an Estate in special tail and shall hold the Land of the Donor quit of all manner of Services until the fourth degree be past accounting themselves in the first degree except Fealty which they shall do because it is incident to all Tenures saving Free alms And such Gift may be made as well after Marriage solemnized as before And a man may give Lands to his Soir in Free Marriage as well as to his Daughter by the opinion of Fitzh in his Writ of Champertie H. But it appears otherwise in Littleton and in Broke tit Frank-marriage pla 10. And so it was holden clear in Grays-Inne in Lent an 1576. 18 Eliz. by M. Rhodes then Reader there Frank-plege FRank-plege signifies a Pledge or Surety for Free-men according to the ancient Custom of England for preservation of the publick Peace See the Statute for View of Frank-pledge Anno 18 Ed. 2. and see View of Frank-pledge Free-hold FRee-hold is an Estate that a man hath in Lands or Tenements or Profit to be taken in Fee-simple Tail for term of his own or anothers life in Dower or by the Courtesse of England and under that there is no Free-hold for he that hath Estate for years or holds at will hath no Free-hōld but they are called Chatels And of Free-holds there are two sorts viz. Free-hold in Deed and Free-hold in Law Free-hold in Deed is when a man hath entred into Lands or Tenements and is seised thereof really and actually As if the Father seised of Lands or Teuements in Fee-simple dies and his son enters into the same as heir to his Father then he hath a Free-hold in Deed by his Entry Free-hold in Law is when Lands or Tenements are discended to a man and he may enter into them when he will but hath not yet made his Entry in Deed As in the case aforesaid if the Father being seised of Lands in Fee die seised and they discend to his Son but the Son hath not entred into them in Deed now befo rt his Entry he hath a Free-hold in Law French-man FRench-man was wont to be used for every Outlandish-man Bracton Lib. 3. Tract 2. cap. 15. See Engleshery Frendless man FRendless man was the old Saxon word for him we call an Outlaw nam forisfecit Amcos suos Bracton Lib. 3. Tract 2. cap. 12. Fresh Force FResh Force Frisca Forcia is a force committed in any City or Borough as by Disseisin Abatement Intrusion or Deforcement of any Lands or
of this Sect. Lord in Grosse LOrd in Grosse is he who is Lord without a Mannor as the King in respect of his Crown Fitz. Nat. Brev. fol. 5. A man makes a Gift in tail of all his Land to hold of him and dies his Heir hath nothing but a Seignory in Gross Lotherwit LOtherwit is that you may take amends of him who doth deffle your Bondwoman without your licence Lushburgh LUshburgh was a counterfeit Coin in the time of E. 3. made beyond Seas in likeness of English Moneys and brought in to deceive the King and his Subjects And therefore it is declared to be Treason by the Stat. of 25 E. 3. Stat. 5. cap. 2. for any man to bring it into the Realm knowing it to be false M. Maegbote MAEgbote was a a Recompence for a Kinsman slain Maihem or Maime MAihem or Maime is where by the wrongful act of another any Member is hurt or taken away whereby the party is made unperfect to fight As if a Bone be taken out of the Head or broken in any other part of the Body or Foot or Hand or Finger or Joynt of a Foot or any Member be cut or by some Wound the Sinews be made to shrink or the Fingers made crooked or if an Eye be put out Fore-teeth broken or any other thing hurt in a mans Body by means whereof he is made the less able to defend himself or offend his enemy But the cutting off of an Ear or Nose or breaking of the Hinder-teeth or such like is no Maihem because it is rather a deformity of Body then diminishing of Strength and that is commonly tryed by the Justices beholding the party And if the Justices stand in doubt whether the hurt be a Maihem or not they use and will of their own discretion take the help and opinion of some skilful Chirurgeon to consider thereof before they determine upon the Cause Mainpernable MAinpernable that may be mainprised or delivered to Mainpernors See the Statute of Westm 1. Cap. 15. what persons may be mainpernable what not Mainprise MAinprise is when a man is arrested by Capias the Iudge may deliver his body to certain men to keep and to bring before him at a certain day and these are called Mainpernors and if the party appear not at the day assigned the Mainpernors shall be amerced Maintenance MAintenance is where any man gives or delivers to another that is Plaintif or Defendant in any Action any sum of money or other thing to maintain his Plea or takes great pains for him when he hath nothing therewith to do then the party grieved shall have against him a Writ called a Writ of Maintenance Manbote MAnbote signifies a Pecuniary Compensation for the killing a man Lambert Mandamus MAndamus is a Writ that goes to the Escheator for the finding of an Dffice after the death of one that died the Kings Tenant and it is all one with the Writ of Diem clausit extremum but that the Diem clausit extremum goes out within the year after the death and the Mandamus goes not out till after the year and in case where there was never any Diem clausit extremum sued out or was not sued out with effect Fitz. N. B. 253. B. C. See the Stat. 12 Car. 1. cap. 24. Also there is another sort of Mandamus granted upon Motion in the Kings Bench one to the Bishop to admit an Executor to prove a Will or to grant Administration Stiles Reports 78. Another to command Corporations to restore Aldermen and others to Offices out of which they are unjustly put out Look 11 Report James Bag 's Case Mannor MAnnor is compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowson Court-Baron and such like which make a Mannor And this ought to be by long continuance of time the contrary whereof mans memory cannot discern for at this day a Mannor cannot be made because a Court-Baron cannot now be made and a Mannor cannot be without a Court-Baron and Suiters and Freeholders two at the least for if all the Free-holds except one escheat to the Lord or if he purchase all except one there his Mannor is gon for that it cannot be a Mannor without a Court-Baron as is aforesaid and a Court-Baron cannot be holden but before Suiters and not before one Suiter and therefore where but one Free-hold or Freeholder is there cannot be a Mannor properly although in common speech it may be so called Mansion MAnsion Mansio is most commonly taken for the chief Messuage or Habitation of the Lord of a Mannor the Mannor-house where he doth most reside his Capital Messuage as it is called of which the Wife by the Statute of Mag. Chart cap. 7. shall have her Quarentine Munucaptio MAnucaptio is a Writ that lies for him who is arrested or indicted of Felony and offers sufficient Sureties for his Appearance but the Sheriff or he whom it concerns will not suffer him to be bailed then he shall have his Writ to command them to suffer him to be bailed See of this Fitz. N. B. fol. 249. G. Manumission MAnumission is the making a Bond-man free and may be in two sorts the one is a Manumission expressed the other a Manumission implied Manumission expressed is where the Lord makes a Deed to his Villain to Infranchise him by this word Manumittere which is as much to say as to let one go out of another mans hands or power The manner of Manumitting or Infranchising in old time most usually was thus The Lord in presence of his Neighbors took the Bondman by the Head saying I will that this Man be free and therewith shoved him forward out of his hand and by this he was free Manumission implied without this word Manumitere is when the Lord makes an Obligation to his Villain to pay him money at a certain day or sues him where he might enter without Suit or grants him an Annuity or Leases Lands to him by Deed for years or life and in divers like cases the Villain thereby is made free Marchers MArchers are the Noble-men dwelling on the Marches of Wales or Scotland who in â— imes past had their private laws as if they had been Kings and therefore in the Statutes of 2 H. 4. c. 28. 26 H. 8. cap. 6. 27 H. 8. cap. 26. and 1 E. 6. cap. 10. they are called Lord Marchers Marches MArches are the bounds and Limits betwixt us and Wales or Scotland so called either from the German word March which signifies a Frontire or Border or else from the French word Marque that is a Sign or Token of Distinction these being the notorious Distinctions of two divers Countries Of these you shall read in the Statutes of 4 H. 5. cap. 7. 22 E. 4. cap. 8. 24 H. 8. cap. 9. and others Marshal MArshal is a general word for many Officers in England as the Lord or Earl Marshal of whom mention is made in the Statutes
the Statute of Mag. Charta cap. 14. speaks And therefore if a man be outragiously amerced in a Court not of Record as in a Court-Baron c. there is a Writ called Moderata Misericordia to be directed to the Lord or his Baily commanding them that they take moderate Amerciaments according to the quantity of the fault And of that see Fitzh N. B. fol. 75. A. and Moderata Misericordia after Misnomer MIsnomer is the Mistake of a Name or the using of one Name for another See Broke tit Misnomer Misprision MIsprision is when one knows that another hath committed Treason or Felony and will not discover him to the King or his Council or to any Magistrate but conceals the same Divers other offences are called Misprision as when a Chaplain had fixed an old Seal of a Patent to a new Patent of Non-residence this was held to be Misprision of Treason only and no counterfeiting of the Kings Seal So it is holden in 37 H. 8. Bro. tit Treason 3. in Fine but 2 H. 4. f. 25. A. it is adjudged contrary and Stamf. Pl. cor fol. 3. B. cites it Treason and so it is holden at this day And if a man know Money to be counterfeit and bring the same from out of Ireland hither and utter it in payment yet this is but Misprision of Treason and no Treason and so it is in divers like cases In all cases of Misprision of Treason the Party offendor shall forfeit his Goods for ever and the profits of his Lands for his life and his Body to Prison at the Kings pleasure And for Misprision of Felony or Trespass the Offendor shall be committed to Prison until he have found Sureties or Pledges for his Fine which shall be assessed by the discretion of the Iustices before whom he was convict And note That in every Treason or Felony is included Misprision and where any man hath committed Treason or Felony the King may cause him to be Indicted and Arraigned of Misprision only if he will See more hereof Stamf. lib. 1. cap. 39. Mittimus MIttimus is a Writ by which Records are transferred from one Court to another sometimes immediately as it appears in the Statute of 5. R. 2. cap. 15. as out of the Kings Bench into the Exchequer and sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 H. 8. Dyer fol. 29. a b. 29 H. 8. Dyer fol. 32. a b. This word is used also for the Precept that is directed by a Iustice of Peace to a Goaler for the receiving and safe keeping of a Felon or other Offendor committed by the said Iustice to the Goal Moderata Misericordia MOderata Misericordia is a Writ that lies where a man is amerced in Court-Baton or County more then he ought to be then he shall have this Writ directed to the Sheriff if it be in the County or to the Bayliff if it be in Court-Baron commanding them that they amerce him not but with regard to the quantity of the Trespass and if they obey not this Writ then shall go forth against them a Sicut alias and Causam nobis significes and after that an Attachment Modus decimandi MOdus decimandi is Mony or other thing of value given annually in lie â— of Tithes The tryal of which appertains to the Common Law and not to any Court-Christian Ridley's view del Civil Law 141. In which he says There was one modus decimandi pro omnibus rebus per totum regnum Monstrans de Droit MOnstrans de Droit is a Suit in Chancery for the Subject to be restored to Lands and Tenements which he shews to be his Right but are by Office found to be in the possession of another that is lately dead by which Office the King is intitled to a Chattel Free-hold or Inheritance in the said Lands And this Monstrans de Droit is give by the Statutes of 34 E. 3. cap. 14. and 37 E. 3. cap. 13. See Coke lib. 4. fol. 54. B. in the Case of the Wardens and Commonalty of Sadlers Shewing of Deeds or Records SHewing of Deeds or Records is thus An Action of Debt is brought against A upon an Obligation by B or by Executors c. After the Plaintiff hath declared he ought to shew his Obligation and the Executor the Testament to the Court. And so it is of Records And the diversity between Shewing of Deeds or Records and Hearing of Deeds or Records is this He that pleads the Deed or Record or Declares upon it ought to shew the same and the other against whom such Deed or Record is pleaded or declared and is thereby to be charged may demand hearing of the same Deed or Record which his Adversary brings or pleads against him Monstraverunt MOnstraverunt is a Writ that lies for the Tenants in Ancient Demesne and is directed to the Lord him commanding not to Distain his Tenant to do other Service then he ought and they may have this Writ directed to the Sheriff that he suffer not the Lord to distrain the said Tenant to do other Service If the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Iustices and all the names of the Tenants shall be put in the Writ though but one of them be grieved Also if any Land in ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ which is called of Right close after the Custome of the Mannor and that shall be alway brought in the Lords Court and thereupon he shall declare in the nature of what Writ he will as his case lies and this Writ shall not be removed but for a great cause or non-power of the Court. Also if the Lord in another place out of ancient Demesne distrain his Tenant to do other Service then he ought he shall have a Writ of Right called Ne Injuste vexes and it is a Writ of Right Patent which shall be tried by Battel or Grand Assise Mortdancester MOrtdancester See before in the Title Cosinage MOrtgage or Morgage MOrtgage or Morgage is when a Man makes a Feoffment to another on such condition that if the Feoffor pay the Feoffee at a certain day 40 li. of money then the Feoffor may re-enter c. In this case the Feoffee is called Tenant in Morgage And as a Man may make a Feoffment in Fee in Morgage so he may make a Gift in Tail or a Lease for Life or Years in Morgage And it seems the cause why it is called Morgage is for that it stands it doubt whether the Feoffoe will pay the mony at the day appointed or not and if he fail then the Land which he laid in gage upon condition of payment of the money is gone from him for ever and so dead to him upon condition but if he pay the mony then is the gage dead
hath or might have against him Bracton l. 5. tract 5. ca. 9. nu 9. Quo jure QUo jure is a Writ that lies where a man hath had Common of Pasture in anothers Several within the time of memory then he to whom the Several belongs shall have this Writ to charge him to shew by what Title he claims the Common Quo minus QUo minus is a Writ that lies where a man hath granted to another Housebote and Heybote in his wood and the Grantor makes such waste and destruction that the Grantee cannot have his reasonable Estovers then the Grantee shall have the aforesaid Writ which is in nature of a Writ of Waste And note that Housebote is certain Estovers to mend the House and Heybote certain Estovers to mend Heyes and Hedges There is another Writ called a Quo â— inus in the Exchequer which any Termor or Debtor to the king shall have against any other for Debt or Trespass in the Excheques Office called the Common Pleas by which the Plaintiff shall surmise that for the wrong which the Defendant doth him he is less able to pay the King his Debt or Term which is surmised to give Iurisdiction to the Court of Exchequer to hear and determine the cause of the Suit between them which otherwise should be determined in another Court Quo warranto QUo warranto is a Writ that lies where a man usurps to have any Franchise upon the King then the King shall have this Writ to make him come before his Iustices to shew by what Title he claims such Franchise Quod ei deforceat QUod ei deforceat is a Writ that lies where Tenant in Tail Tenant in Dower or Tenant for Life loses by Default in any Action then he shall have this Writ against him that recovers or against his Heir if he think he hath better right than he who recovered See the Statute West 2. cap. 4. Quod permittat QUod permittat is a Writ that lies where a man is disseised of his Common of Pasture and the Disseisor aliens or dies seised and his Heir enters then if the Disseisee die his Heir shall have this Writ Quod permittat Habere Chiminum Rast Entr. 538. Co. Entr. 526. Estoverium turbarum F. N. B. 124. Passagium ê‘ aquam Rast Entr. 538. Liberam chaceam 2 Institut 654. Liberum raurum F. N. B. 124. Liberam faldam Ibid. 6. E. 4. 1. Liberam piscar c. Ibidem Prosternere Domum murum sepem 5 Coke 100. Ripam c. 9 Coke 53. R. Ran. RAn signifies so open a Spoiling of a man that it cannot be denied Lambert Arch. fol. 125. Ranger RAnger comes from the French word Rang that is Ordo vel Series and signifies an Officer of the Forrest that is appointed to walk every day through the Purlieu whereof he is Ranger to drive back the wilde Beasts into the Forrest again to see hear and inquire of Offenders there and to present their Offences See Manwood cap. 20. fol. 185. c. Ransome RAnsome signifies properly the Sum that is paid for the redeeming of one that is taken Captive in War But it is also for a Sum of money paid for the pardoning of some great Offence as in the Statute of 1 H. 4. cap. 7. and in other Statutes Fine and Ransome going together 23 H. 8. cap. 3. and elsewhere Rape RApe hath two significations The first is when it is taken for part of a County as Sussex is divided into six parts which by a peculiar name are called Rapes Cambd. Britan. pag. 225. and these parts in other Countries are called Hundreds Tithings Lathes or Wapentakes In the other sense it is the violent Deflouring a Woman against her will and this offence is Felony as well in the Principal as in his Aidors See 11 H. 4. c. 13. 1 Ed. 4. c. 1. West 2. c. 13. CroÌ„pt Just of Peace f. 43 44. Rationabili parte bonorum RAtionabili parte bonorum is a Writ that lies for the Wife against the Executors of her Husband to have the third part of his Goods after Debts paid and Funeral expences discharged But whether this Writ lies by the Common Law or only by the Custom of some Countries is a question in our Books See F. N. B. fol. 122. L. Rationabilibus divisis RAtionabilibus divisis is a Writ that lies where there are two Lordships in divers towns and one nigh the other and any parcel of one Lordship or Waste hath been incroched by little parcels then the said Lord from whom the parcel of Ground or Waste hath been incroched shall have this Writ against the Lord that hath so incroched Ravishment de Gard. RAvishment de Gard is a Writ that lies for the Gardian by Knights Service or in Soccage against him that takes from him the Body of his Ward And of this see F. N. B. fol. 140. E. c. Rebutter REbut â— er is when one by Deed or Fine grants to warrant any Land or Hereditament to another and he who made the Warranty or his Heir s â— es him to whom the Warranty is made or his Heir or Assignee for the same thing now if he who is so sued pleads the said Deed or Fine with Warranty and demands Iudgment if the Plaintiff shall be received to demand the thing which he ought to warrant against that Warranty by Fine or Deed aforesaid comprehending such Warranty such Pleading of the Warranty is called a Rebutter This word is also a denomination of a Plea which followeth a Rejoynder And after the Rebutter followeth the Surrebutter See Cokes Entries fol. 284. Recaption REcaption is a second Distress of one former distrained for the self-same cause and that during the Plea grounded upon the former Distress It is also the name of the Writ or Remedy that the Law gives him who is thus twice distrained for one thing the form and use of which Writ you may see in Fitz. N. B. fol. 71. E. c. Recluse REcluse is one that by reason of his Order in Religion may not stir or depart out of his House or Cloister And of such Littleton speaks sect 434. Recognizance REcognizance is an Obligation made before a Master of the Court of Chancery for a Debt or to perform Covenants or an Order or Decree of the Court upon which an Extent issues if the Condition be not performed But no Capias lies upon it against the Cognizors or his Executors Quaere vide 2 Len. 84. Recordare REcordare is a Writ directed to the Sheriff to remove a Cause out of an inferior Court as a Court of Ancient Demesne Hundred Court or County Court into the Kings Bench or Common Pleas. And of this see Fitz. N. B. fol. 70. B. Record REcord is a Writing or Parchment wherein are Enrolled Pleas of Land or Common Pleas Deeds or Criminal Proceedings in any Court of Record But in Courts not of Record as Admiralty Courts Christian Courts Baron c. Their