in the same signification cap. 3. And at this day Chapiters are called Articles for the most part and are delivered as well by the mouth of the Iustice in his Charge as by the Clerks in writing to the Enquest where in ancient time they were after an Exhortation given by the Iustices for the observation of the Laws of the Kings peace first read distinctly and openly in the full Court and then delivered in writing to the grand Enquest An example of these Chapiters there is in the Book of Assises fol. 138. pla 44. Chaplain CHaplain is he that performs Divine Service in a Chappel and therefore is commonly used for him that depends upon the King or other man of worth for the instruction of him and his Family the reading of Prayers and Preaching in his private house where usually they have a Chappel for that purpose And for that they are retained by Letters under the Seal of their Patron and thereby by intendment are to be resident with them the Law hath given liberty for their Non-residency upon their Benefices If an Earl or Baron retains a Chaplain and before his advancement is attainted of Treason there the Retainer is determined and after the Attainder such Chaplain cannot take a second Benefice because he that is attainted is by his Attainder a dead person in Law What and how many Chaplains Noblemen and others may respectively retain the Statute of 21 H. 8. c. 3. doth well declare The wife of a Baron during the Coverture cannot retain a Chaplain yet when a Baronnesse Dowager retains one or two according to the Proviso of the said Statute the Retainer is the principal matter and as long as the Retainer is in force and the Baronness continues a Baronness the Chaplains may well take two Benefices by the express letter of the Statute for it suffices if at the time of the Retainer the Baronness were a widow And herein this rule is to be observed of a woman that attains Nobility by Marriage as by marriage of a Duke Earl or Baron c. for in such case if she afterward marry under the degree of Nobility by such Marriage she loses the Dignity she had attained and after such latter Marriage the power to retain a Chaplain is determined But otherwise it is where a woman is Noble by Discent for there her Retainer before or after the Marriage with one that is not Noble shall be in force and is not countermanded by the Marriage nor determined by her taking a Husband under her degree Coke lib 4. fol. 118 119. Chapter CHapter in Latine is defined to be An Assembly of Clerks in a Church-Cathedral conventual regular or Collegiate and in another signification A place wherein the members of that Community treat of their common affairs and it hath other significations which appertain not to our purpose It may be said that this Collegiate company is termed Chapter metaphorically the word originally implying a little head for this Company or Corporation is as a Head not only to rule and govern the Diocesse in the vacation of the Bishoprick but also in many things to advise the Bishop when the See is full Charge CHarge is where a man grants a Rent issuing out of his land and that if the Rent be behind it shall be lawfull for him his heirs and assigns to distrain till the Rent be paid this is called a Rent-charge But if one grant a Rent-charge out of the land of another though after he purchase the land yet the Grant is void Charter land CHarter-land is such as a man holds by Charter that is by Evidence in writing which otherwise is called Free-hold Copyhold-lands before the Conquest were by the Saxons called Folkland and the Charter-lands Bockland And Lambert in the Explication of Saxon words saith That this land was held with more easie and commodious conditions then Folkland and Copyhold-land held without writing And his reason is because it is a free and absolute Inheritance whereas land without writing is charged with payment and bondage so that for the most part Noblemen and persons of Quality possess the former and Rusticks the other The first we call Free-hold and by Charter the other Land at the will of the Lord. If a Riot Rout or Vnlawful assembly be committed then by the Statute of 19 H. 7. c. 13. twenty men inhabiting within the County where the Riot c. is made whereof every of them shall have lands and tenements within the same County to the yearly value of twenty shillings of Charter-hold or Free-hold or twenty six shillings of Copyhold shall make enquiry thereof Charter-party CHarter-party is an Indenture of Covenants and Agreements made between Merchants or Mariners concerning their Sea-affairs and of this you may read in the Statute now out of use made 32 H. 8. cap. 14. Charters CHarters of Lands are Writings Deeds Evidences and Instruments made from one man to another upon some Estate conveyed or passed between them of Lands or Tenements shewing the names place and quantity of the Land the Estate time and manner of the doing thereof the Parties to the Estate delivered and taken the Witnesses present at the same with other circumstances Chartis reddendis CHartis reddendis is a Writ which lies against him that has Charters of Feoffment delivered him to be kept and refuses to deliver them Old Nat. Brev. fol. 66. Reg. orig fol. 159. Chase CHase is taken two wayes first to drive cattel as to chase a Distress to a Castle secondly for a Receit for Deer and Beasts of the Forest and it is of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as with Courts of Attachment Swainmore and Justice seat and yet of a larger compass and having greater diversity of Keepers and Game then a Park Crompt in his Book of Iurisdictions fol. 148. saith That a Forest may not be in the hands of a Subject but it presently looses the name and becomes a Chase and yet fol. 197. he saith That a subject may be Lord and owner of a Forest which though they seem contradictory yet are both his sayings in some sense true For the King may give or alienate a Forest to a Subject yet so that when it is once in the Subject it loses the true property of a Forest because the Courts of Swainmote Justice seat and Attachment presently vanish none being able to make a Lord chief Iustice in Eyre of the Forest but the King as Manwood hath well shewed as his Book of Forest Laws cap. 3. 4. Yet it may be granted in such large manner that there may be Attachment and Swainmote and a Court equivalent to a Justice Seat as appears by him in the same Chapter numb 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in its proper nature cannot be and from
one of the Articles to be enquired touching the Forrest is If all great Dogs or Mastives in the Forest are Expeditated according to the Laws of the Forrest and if any be not the Owner of every such Dog shall forfeit to the King three shillings and four pence Cromp. Jurisd fol. 152. Manwood uses the same word and part 1. of his Forrest Law fol. 212. sets down the manner of expeditating Dogs heretofore which was that the three Claws of the Fore-foot on the right side shall be cut off by the skin whereunto he also adds out of the Ordinance called the Assise of the Forrest that the same manner of expeditating Dogs shall be still used and kept and none other Quaere whence it arises that Crompton and he differ the one saying the Ball of the foot is cut out the other that the three Fore-claws are cut off by the skin Expensis Militum levandis EXpensis Militum levandis is a Writ directed to the Sheriff for levying the Allowance for the Knights of the Parliament Regist orig fol. 191. b. And Expensis Militum non levandis de hominibus de Antiquo Dominico nec a Nativis is a Writ to prohibit the Sheriff to levy any Allowance for the Knights of the County upon such as hold in Ancient Demesne c. Ibidem fol. 261. b. Extend EXtend is to value the Lands or Tenements of one bound by Statute c. that hath forfeited it and to deliver them to the Conusee at such indifferent rates as that by the yearly Profits the Conusee in time may be satisfied his Debt See Fitz. Nat. B. fol. 131. and Coke lib. 4. fol. 67. Fulwoods Case Extent EXtent has two significations The one is a Writ or Commission to the Sheriff for the valuing of Lands or Tenements the other the act of the Sheriff or other Commissioner upon that Writ Broke tit Extent fol. 313. Extinguishment EXtinguishment is where a Lord or any other hath any Rent or Service going out of any Land and he purchases the same Land so that he hath such Estate in the Land as he hath in the Rent then the Rent is extinct for that one may not have Rent going out of his own Land Also when any Rent shall be extinct the Land and the Rent must be in one hand the Estate indefesible and he have as good Estate in the Land as in the Rent for if he have Estate in the Land but for Life or Years and hath Fee-simple in the Rent then the Rent is not extinct but in suspence for that time and after the term the Rent is revided If there be Lord Mesne and Tenant and the Lord purchase the Tenancy the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as Rent-seck Also if a man have a High-way appendant and after purchase the Land wherein the High-way is then the Way is extinct and so it is of a Common appendant Extortion EXtortion is wrong done by any Officer Ordinary Archdeacon Official Major Bailiff Sheriff Escheator Coroner Under-Sheriff Goaler or other Officer by colour of his Office by taking excessive Reward or Fee for execution of his Office or otherwise and is no other thing indeed then plain Robbery or rather more odious then Robbery for Robbery is apparent and always hath with it the countenance of Vice but Extortion being as great a Vice as Robbery is carries with it a countenance of Vertue by means whereof it is the more hard to be tried or discerned and therefore the more odious And yet some there are that will not stick to stretch their Office Credit and Conscience to purchase Mony as well by Extortion as otherwise according to the saying of the Poet Virgil What is it that the greedy thirst of Gol ◠doth not constrain mortals to attempt F. Faculty FAculty is a word often used in the Statute of 25 Hen. 8. cap. 21. and it signifies a Priviledge or special Dispensation granted unto a man by favour and indulgence to do that which by the Law he cannot do as to eat Flesh upon days forbidden or to hold two or more Ecclesiastical Livings and the like And for the granting of these Faculties there is a special Officer under the Arch-bishop of Canterbury called The Master of the Faculties Failing of Record FAiling of Record is when an Action is brought against one who pleads any matter of Record and avers to prove it by Record and the Plaintiff saith there is no such Record whereupon the Defendant hath day given him to bring in the Record at which day he fails or brings in such a one as is no Bar to this Action then he is said to fail of his Record and thereupon the Plaintiff shall have Iudgment to recover c. Faint Action Faint Pleading FAint Action as Littleton fol. 154. saith is as much as to say in English a Fained Action that is such Action as though the words of the Writ be true yet for certain causes he hath no title by the Law to recover by the same Action And a false Action is where the words of the Writ are false So Faint Pleading is a covinous false and collusory manner of Pleading to the deceit of a third party And against such Faint Pleading amongst other things the old Statute in 3 E. 1. cap. 29. seems to be made Deed. DEed is a Writing sealed and delivered to prove and testifie the agreement of the party whose Deed it is to the thing contained in the Deed as a Deed of Feoffment is a Proof of the Livery of Seisin for the Land passes by the Livery of Seisin but when the Deed and the Delivery are joyned together that is a proof of the Livery and that the Feoffor is contented that the Feoffee shall have the Land All Deeds are either Indented whereof there are two three or more parts as the ease requires of which the Feoffor Grantor or Lessor hath one the Feoffee Grantee or Lessee another and peradventure some other body a third c. Or else they are Poll Deeđs single and but one which the Feoffee Grantee or Lessee hath c. And every Deed consists of three principal Points without which it is no perfect Deed to bind the parties namely Writing Sealing and Delivery 1. By Writing is shewed the parties Names to the Deed their Dwelling-places their Degrees the Thing granted upon what Considerations the Estate limited the Time when it was granted and whether simply or upon Condition with other such like Circumstances But whether the parties to the Deed write in the end their Names or set to their Marks as it is commonly used it matters not at all as I think for that is not meant where it is said that every Deed ought to have Writing 2. Sealing is a farther Testimony of their Consents to what is contained in the Deed as it appears in these words In Witness whereof c. or to such effect
LES TERMES DE LA LEY OR Certain difficult and obscure Words and Terms of the Common Laws and Statutes of this Realm now in use expounded and explained Now Corrected and Enlarged With very great Additions throughout the whole Book never Printed in any other Impression Hor. Multa renascentur quae jam cecidere cadentque Quae nunc sunt in honore vocabula si volet usus LONDON Printed by W. Rawlins S. Roycroft and M. Flesher Assigns of Richard and Edward Atkins Esquires For G. Walbanke S. Heyrick J. Place J. Poole and R. Sare 1685. To the READER I Need not strive much to prove the necessity of this Book if you consider that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason began with it much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science to which this little Book must open the door and let them in But least of all need I suspect that whoever is convinced of these two Points its Necessity and Profitableness will fail to peruse and esteem it Though no name of any Authour appears to it yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal that reverend Judge who was eminently knowing both in the Common and Statute Law of this Land as appears by the many Leraned Expositions and Excellent Cases which every where occur in it And we may probably guess it to be written by him originally in French only having some cause to suspect the Translation to be done by a less skilful Hand For though by the many Impressions of it and carelesness of Printers it has suffered much as other Books of like nature daily do yet some Objection lay against the Translator himself as to omit others Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum which was Englished thus odly A Place wherein common Tracts of men Collegiate are made And for Errors of the Press they were very numerous and strangely unhappy as disseised for die seized Common Law for Canon Law deep for deer necessary for accessary tiel for viel rather for either owner for power c. In devastaverunt sans compulsion was Englished by compulsion In the word Gild two whole Lines were omitted in the English and the French imperfect so likewise in Garranty and other words There was also a mistake in Geography in the word Pape where Rome was said to be 1500 miles from hence full 500 too much And still as Impressions were iterated Errat's increased Besides the very many Faults which were thus crept into this Book it was so extreamly misalphabeted that some words could not be found without much difficulty I had almost said not at all for if the Reader finds not the word he seeks in its true place he commonly lays by the Book with despair To remedy these encreasing Evils I was willing to bestow my endeavour First by adding above an hundred Words with Explications in their proper places and making references to others where needful Secondly by Correcting the whole Work in what I found amiss and retrenching some antiquated and tautological Expressions as they occurred Thirdly by adding to some old words such late Statutes as alter or concern the Law established by them And lastly by digesting the whole into an exact Alphabet and taking care to prevent Errors of the Press That I intended well I can give you but my word how I have performed I make my Reader Judge Inner Temple T. B. TERMS OF THE LAW EXPOUNDED Abate ABate seems to come from the French Abbatre is to destroy or defeat utterly and has several significations As to Abate a Castle or Fortlet Old Natura brev fo 45. which in Westem 1. cap. 17. is interpreted to beat down And to abate a Writ is to defeat or overthrow it by some Error or Exception Britton cap. 48. And he that steps in between the former possessor and his Heir is said to abate in the Lands See Abatement Abatement of a Writ or Plaint ABatement of a Writ or Plaint is when an Action is brought by Writ or Plaint wherein is want of sufficient and good matter or else the matter alledged is not certainly set down or if the Plaintiff or Defendant or Place are misnamed or if there appear variance between the Writ and the Specialty or Record or that the Writ or the Declaration be uncertain or for Death of the Plaintiff or Defendant and for divers other like causes then upon those defaults the Defendant may pray that the Writ or Plaint may abate that is to say that the Plaintiffs Suit against him may cease for that time and that he shall begin again his Suit and bring a new Writ or Plaint if he be so disposed But if the Defendant in any Action plead a matter in Bar to annul the Action for ever he shall not come afterwards to plead in Abatement of the writ but if after it appear in the Record that there is some matter apparent for which the Writ ought to be abated then the Defendant or any person as a friend to the Court may well plead and shew it in Arrest of Iudgement See the titles of Writ Misnosmer and Variance in the Abridgements and the Book called The Digests of Writs in which this matter especially is very well handled There are also other matters Which abate and stay Actions and Writs that is to say Variance between the Writ and the Count. If the Plaintiff be an alien Enemy For want of naming the Defendant of what Town Trade or degree he is where the Suit is by Writ That a Woman Plaintiff is married before or hanging the Suit That the Plaintiff hath another Action depending for the same cause That the Writ is dated before the Action accrued For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer For that the Land is ancient demesne For that the matter in Suit was done upon the high Sea in which case the Admiral hath Iurisdiction These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time If the Plaintiff in Action personal be out-law'd or convicted of Recusancy or Excommunicated Vpon a Scire facias against ter ' tenants for Debt plea that there are other Lands liable to the same Debt which are not returned doth stay the Proceedings until they be also returned Abatement in Lands ABatement in Lands or Tenements is when a man dies seised of Lands or Tenements and one that hath no right enters into the same before the Heir this Entry is called an Abatement and he an Abator But if the Heir enter first after the death of his Ancestor and the other enter upon the possession of the Heir this last entry is a Disseisin to the Heir Look in
haeredis c. without shewing any certainty in these Writs bnt in the Plaint of the Assise or Demand in the Writ of Dower and in the count in the Writ of Ward the Plaintiff or Demandant is to shew the certainty of the acres or parcels of Land then if the Tenant pleads Nontenure or Ioyntenancy or some other such like Plea to parcel of the Land demanded in abatement of the Writ the Plaintiff or Demandant may abridge his Plaint or Demand to that Parcel that is he may leave out that part and pray that the Tenant may answer the rest to which he hath not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but is generally and notwithstanding the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Accedas ad Curiam ACcedas ad Curiam is a Writ directed to the Sheriff commanding him to go to such a Court of some Lord or Franchise where a Plaint is sued for taking of beasts as a Distress or any false Iudgment is supposed to be made in any Suit in such a Court which is not of Record and that the Sheriff shall there make Record of the said Suit in presence of the Suitors of the same Court and of four other Knights of the County and certiffe it into the Kings Court and at the day that is limited in the Writ This Writ is made out of Chancery and returnable into the Kings Bench or Common Pleas. Accedas ad Vicecomitem ACcedas ad Vicecomitem is a Writ directed to the Coroner commanding him to deliver a writ to the Sheriff who having a Pone delivered him suppresses it Regist orig 8. 3. Acceptance ACceptance is a taking in good part and as it were an Agreeing unto some act done before which might have been undone and avoided if such Acceptance had not been by him or them that so accepted for example if a Bishop before the Statute made 1 Eliz. lease part of the possessions of his Bishoprick for term of years reserving rent and dies and after another is made Bishop who accepts that is takes or receives the Rent when it is due and ought to be paid now by this Acceptance the Lease is made perfect and good which else the new Bishop might very well have avoided The like law is if a man and his wife seised of Land in right of the wife joyn and make a Lease or Feoffment by Deed reserving rent and the husband dies she accepts or receives the rent by this the Feoffment or Lease is made perfect and good and shall bar her of bringing a Cui in vita Accessories ACcessories are of two sorts by the Common Law and by the Statute Law Accessory by the Common Law is also of two sorts the one before the offence is done the other after Accessory before the Fact is he that commends or procures another to do Felony and is not there present himself when the other does it but if he be present then he is called Principal Accessory after the offence is he that receives favours aids assists or comforts any man that hath done any Murther or Felony whereof he hath knowledge Such an Accessory shall be punished and shall have judgment of life and member as well as the Principal which did the Felony but such an Accessory shall never be put to answer that till the Principal be attaint or convict or be outlawed thereupon In Manslaughter a man cannot be Accessory before the fact for Manslaughter ought to ensue upon a sudden debate or affray for if it be premeditated it is Murther Co. l. 4. fo 44. â— But a Woman in such case shall not be Accessory for helping her husband In great or high Treason as well the commanders as the Assisters and receivers are always Principals If a man councels a Woman to murther the child in her body and after the child is born and then is Murthered by the woman in the absence of him that so gave the counsel yet he is Accessory by his counselling before the birth of the Infant and not countermanding it Dyer fo 186. pl. 2. Also one may be Accessory to an Accessory as if one feloniously receive another that is accessory to Felony there the Receiver is an Accessory Accessory by the Statute is such an one as abets counsels or receives any may who commits or hath committed any offence made Felony by Statute For although the Statute doth not make mention of Accessories Abettors c. yet they are included by the interpretation of the said Statutes Stamf. Pl. cor li. 1. c. 45 46 47 48. See more of Accessory in the said Book of Plees lib. 1. cap. 44 59 50. Accompt ACcompt is a Writ and it lies where a Bailiff or Receiver to any Lord or other man who ought to render Accompt will not give his Accompt then he to whom the Accompt ought to be given shall have this Writ And by the Statute of Westm 2. c. 10. if the Accomptant be found in arrerages the Auditors that are assigned to him have power to award him to prison there to abide till he have made satisfaction to the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more receipts than they ought then his next friend that will sue for him shall sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer at a certain day and to warn the Lord to appear there the same day Accord ACcord is an agreement between two at the least to satisfie an offence or Trespass that the one hath made to the other for which he hath agreed to satisfie and content him with some Recompence which if it be executed and performed then because this Recompence is a full satisfaction for the offence it shall be a good bar in Law if the other after the Accord performed should sue again any Action for the same Trespass Note that the first is properly called an Accord the other a Contract Acquital ACquital is where there is a Lord Mesne and Tenant and the Tenant holds of the Mesne certain Lands or Tenements in Frank-almoign Frank-marriage or such like and the Mesne holds over also of the Lord paramount or above him Now ought the Mesne to acquit or discharge the Tenant of all and every manner of Service that any other would have and demand of him concerning the same Lands or Tenements because the Tenant must do his Service to the Mesne only and not to divers Lords for one Tenement or parcel of Land The same Law is where there is Lord Mesne and Tenant as aforesaid and the Mesne grants to the Tenant upon the tenure made between them to acquit and discharge him of all Rents Services and such like This Discharge is called Acquital Like
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
Money is not to be accounted Goods or Catals nor Hawks nor Hounds for they are ferae naturae But it seems that Money is not a Chattel because it is not in it self valuable but rather in imagination than in Deed. Catals are either real or personal Catals real are either such as do not immediately appertain to the person but to some other thing by way of dependance as a Box with writings of Laud the body of a Ward the Apples upon the tree or the Tree it self growing upon the ground Crom. fol. 33. b. Or else such as are issuing out of some thing immovable to the person as a Lease for Rent or term of years Personal may be so called in two respects The one because they belong immediately to the person of a man as a Horse c. The other because when they are wrongfully detained we have no other means for their recovery but personal Actions The Civilians comprehend these things and also Lands of all natures and tenures under the word Goods which are by them divided into Moveable and Immovable See Bract. lib. 3. c. 3. num 3 4. Cepi corpus CEpi corpus is a Return made by the Sheriff that upon an Exigend or other Writ he has taken the body of the party F N. B. fol. 26. Certificate CErtificate is a Writing made in some Court to give notice to another Court of something done there as a Certificate of the cause of Attaint is a transcript briefly made by the Clerks of the Crown Clerks of the Peace or Clerks of Assise to the Court of Kings Bench containing the tenor and effect of every Indictment Outlawry or Conviction and Clerk attainted made or declared in any other Court But note that this Certificate ought to be made by him that is the immediate Officer to the Court and therefore if the Commissary or Official of the Bishop certifie an Excommunication in bar of an action at the Common Law this is not good as was resolved in Coke lib. 8. fol. 68. but such Excommunication ought to be certified by the Bishop himself Yet the Certificate of an Excommunication by special Commissioners Delegates under their Common Seal was allowed and held good enough in the Common-place Dyer fol. 371. pla 4. Certification of Assise CErtification of Assise of Novel disseisin c. is a Writ awarded to re-examine or review a matter passed hy Assise before any Iustices and is used when a man appears by his Bailiff to an assise brought by another and loses the day and having some other matter to plead farther for himself as a Deed of Release or c. which the Bailiff did not plead or might not plead for him desires a better Examination of the Cause either before the same or other Iustices and obtains Letters Pa â— ents see their form F. N. B. 181. and then brings a Writ to the Sheriff to call the party for whom the Assise had passed and also the Iury which was impannelled upon the same Assise before the said Iustices at a day and place certain And it is called a Certificate because therein mention is made to the Sheriff that upon the parties complaint of the defective Examination or doubts remaining yet upon the Assise passed the King hath directed his Letters Patents to the Iustices for the better certifying of themselves whether all the points of the said Assise were duly examined or not Certiorari CErtiorari is a Writ that lies where a man is impleaded in a base Court that is of Record and he purposes that he may not have equal Iustice there then upon a Bill in the Chancery comprising some matter of Conscience he shall have this Writ to remove all the Record into the Chancery there to be determined by Conscience but if he prove not his Bill then the other party shall have a Writ of Procedendo to send again the Record into the base Court and there to be determined And it lies in many other cases to remove Records for the King as Indictments and others This Writ is also granted out of the Court of Kings Bench or Common Pleas to remove any Action thither out of Inferior Courts of Record and so the Plaintiff must declare and proceed in the Superior Court Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench where nullum tale Recordum is pleaded Also upon Writs of Error of a Iudgment in the Common Pleas each party may have this Writ to bring any of the Proceedings into the Kings Bench upon alledging Diminution as appears Coke Entr. 232 233 242. 2 Cro. 131 479. Cessavit CEssavit is a Writ that lies where my very Tenant holds of me certain Lands or Tenements yielding certain Rent by the year and the Rent is behind for two years and no sufficient Distress may be found upon the Land then I shall have this Writ by which I shall recover the Land But if the Tenant come into the Court before Iudgment given and tender the Arrearges and Damages and find Surety that he shall cease no more in payment of the said Rent I shall be compelled to take the Arrerages and the Damages and then the Tenant shall not lose the Land The heir may not maintain this Writ for Cessure made in the time of his Ancestor And it lies not but for Annual service as Rent and such other and not for Homage and Fealty Also there is another Writ called Cessavit de cantaria which lies where a man gives Land to a House of Religion to find for the soul of him his ancestors and his heirs yearly a Candle or Lamp in the Church or to say Divine Service feed the poor or other Alms or to do some other thing then if the said Services be not done in two years the Donor or his Heirs shall have this Writ against whosoever holds the things given after such Cessure See the Statute W. 2. cap. 41. Cession CEssion is when an Ecclesiastical Person is created Bishop or when a Parson of a Parsonage takes another Benefice without dispensation or otherwise not qualified c. In both cases their first Benefices are become void and are said to become void by Cession And to those that he had who was created Bishop the King shall present for that time whosoever is Patron of them And in the other case the Patron may present See 41 E. 3. 5. 11 H. 4. 37. Cestuy a que vie cestuy a que use CEstuy a que vie is he for whose life another holds an estate and cestuy a que use is he who is a Feoffee for the use of another Challenge CHallenge is an Exception taken either against Persons or Things Persons as in an Assise the Iurors or any one or more of them or in case of Felony by the Prisoner at the Bar against Things as a Declaration Old N. B. 76. Challenge made to the Jurors is either made to the Array or
a Park in this that it is not inclosed and hath not only a larger compasse and more store of Game but of Keepers also and Overseers See Forest Chatels CHatels See Catals Chauntry CHauntry is a Church or Chappel indued with lands or other yearly revenues for the maintenance of one or more Priests to sing Mass daily for the Souls of the Donors and such others as they appoint And of these you may read in the Statutes made 37 H. 8. c. 4. 1 E. 6. cap. 14. Chevage CHevage is a summe of money paid by Villains to their Lords in acknowledgement of their Slavery which Bracton lib. 1. cap. 10. thus defines Chevagium dicitur recognitio in signum subjectionis dominil de capre suo It seems also to be used for a sum of money given by one man to another of power and might for his avowment maintenance and protection as to their head and Leader Lambert writes it Chivage or rather Chiefage Chievisance CHevisance comes from the French word Chevir that is to come to the end or Head of a business And because the perfecting of a Bargaine is the drawing of the matter to the head this word Chevisance is used for Bargaining in the Statutes of 37 H. 8. cap. 9. 13 Eliz cap. 7 8. Childwit CHildwit that is that you may take a Fine of your Bondwoman defiled and gotten with Child without your licence Chimin CHimin is the High-way where every man goes which is called Via Regia and yet the King hath no other thing there but the passage for him and his people for the Free-hold is in the Lord of the Soile and the Profits growing there as Trees and other things And it is divided into two sorts the King's way of which is spoken before and a private Way or private Passage and this is the Way by which one man or more have liberty to pass either by prescription or by writing through the land of another And this is divided into a way in gross and a Way appendant Kitch fol. 177. Chimin in gross is that Way which a man holds principally and solely in it self Chimin appendant is that which a man hath adjoyned to some other thing as appertaining thereunto for example if a man hires a Close or Pasture and hath a Covenant for ingress and egress to and from the said Close through the ground of some other through which otherwise he might not pass Or a Way in gross may he that which the Civilians call Personal as when one covenants for a Way through the ground of another man for himself and his heirs A way appendant on the other side may be that which they call Real as when a man purchases a Way through the ground of another man for such as do or shall dwe â— in this or that house or that are the owners of such a Manor for ever Chiminage CHiminage is a Toll paid for a mans passage through a Forest to the disquiet of the wild beasts of the Forest Chirographer CHirographer is he that in the Common-Bench-Office ingrosses Fines acknowledged in that Court into a perpetual Record after they are acknowledged and fully passed by those Officers by whom they are first examined and that writes and delivers the Indentures one for the Buyer and another for him that sells and makes another indented piece containing also the effect of the Fine which he delivers over to the Custos Brevium which is called the Foot of the Fine The Chirographer also or his Deputy proclaims all the Fines in the Court every Term according to the Statutes and then repairing to the Office of the Custos Brevium there endorses the Proclamations upon the backside of the Foot thereof and always keeps the Writ of Covenant as also the Note of the Fine Chivage CHivage See Chevage Chivalrie CHivalrie is a Tenure of land by Knights service for the better understanding whereof it is to be known that there is no land but is held mediately or immediately of the Crown by some Service or other and therefore all our Free-holds that are to us and our heirs are called Fees as proceeding from the bounty of the King for some small yearly Rent and the performance of such services as originally were imposed upon the Land at the githing thereof For as the King gave to his Nobles his immediate Tenants great possessions for ever to hold of him for such or such Rent and Service so they again in time parcelled out to such as pleased them their Lands so received of the Kings bounty for such Rents and Services as to them seemed good And the Services are all by Littleton divided into two sorts Chivalry and Socage the one material and military the other clownish and rustical Chivalry therefore is a Tenure whereby the Tenant is bound to perform some Noble or Military Office to his Lord and is of two kinds either Regal that is such as may be held onely of the King or such as may also be held of a common person as well as of the King That which may be held onely of the King is properly called S â— rvitium or Sergeantia and is also again divided into Grand and Petit Serjeanty Grand Serjeanty is that where a man holds lands of the King by service which he ought to do in his own person as to carry the Kings Banner or his Spear to lead his Army to be his Marshal to blow a Horn when he sees his enemies invade the Land or to find an armed man to fight within the four Seas or to do it himself or to carry the Kings Sword before him at his Coronation or at that day to be his Sewer Carver Butler or Chamverlain Petit Serjeanty is where a man holds land of the King to pay him yearly a Bow a Sword a Dagger a Knife a Spear a pair of Gloves of maile a pair of Spurs of Gold or to give such other small things concerning the War Chivalrie that may hold of a common person as well as of the King is called Escuage Service of the shield and this is either uncertain or certain Escurage uncertain is also of two kinds first where the Tenant by his Tenure is bound to follow his Lord going in person to the Kings wars against his enemies either himself or to send a sufficient man in his place there to be maintained at his costs so many dayes as were agreed upon between the Lord and his Tenant at the granting of the Fee And the dayes of such service seem to have been rated by the quantity of the land so held as if it extends to a whole Knight's Fee then the Tenant was bound so to attend his Lord 40 days and a Knight's fee was so much land as in those days was accounted a sufficient living for a Knight and this was 680 acres by the opinion of some or eight hundred as others think or fifteen pounds by the year Cambden's Brit. fol. 110. If
the land extends but to the moiety of a Knight's fee then the Tenant is bound to follow his Lord but 20 days if a fourth part then 10 days Fitzh Nat. Brev fol. 83. c. 84. c e. The other kind of Escuage uncertain is called Castleward where the Tenant by his land is bound either by himself or some other to defend a Castle as often as it shall come to his turn Escuage certain is where the Tenant is assessed to a certain summe of money to be paid instead of such uncertain service as that a man shall pay yearly for a Knights Fee 20 shillings for the half 10 shillings or any such rate And this Service because it is drawn to a certain Rent comes to be of a mixt nature not meerly Socage for it smells not of the Plow and yet Socage in effect being now neither personal service nor incertain Chivalry hath other conditions annexed thereunto as Homage Fealty Wardship Relief and Marriage Bract. l. 2. c. 35. and what they signifie see in their several places Chivalry is either general or special Dyer fol. 161. plac 47. General seems to be where it is only said in the Feoffment that the Tenant holds by Knights Service without any specification of Sergeanty Escuage c. Special is that which is declared particularly what kind of Knights service he holds by See the Statute 12 Car. 2. c. 24 Thing in Action THing in Action is when a man hath cause or may bring an Action for some duty due to him as an Action of Debt upon an Obligation Annuity or Rent Action of Covenant or Ward Trespasse of goods taken away Beating or such like and because they are things whereof a man is not possessed but for recovery of them is driven to his Action they are called Things in Action And those Things in Action that are certain the King may grant and the Grantee may have an Action for them in his own name only But a common person cannot grant his Thing in Action nor the King himself his Thing in Action which is uncertain as Trespass and such like But of late times it is used in London that Merchants and others there who have Bills without Seals for payment of Money assign them to others who bring actions in their own names Churchesset CHurchesset is a word whereof Flet. l. 1. c. 47. in the end thus writes It signifies a certain Measure of Wheat which in times past every man on St. Martins day gave to Holy Church as well in the time of the Britains as of the English Yet many great persons after the coming of the Romans gave that Contribution according to the ancient Law of Moses in the name of the First-fruits as in the Work of King Kanutus sent unto the Pope is contained in which they call the Contribution Chirchsed as one would say Church-seed Church-wardens CHurch-wardens are Officers yearly chosen by the consent of the Minister and the Parishioners according to the custom of every several place to see to the Church Church-yard and such things as belong to both and to observe the behaviour of the Parishioners for such crimes as appertain to the jurisdiction or censure of the Ecclesiastical Court These are a kind of Corporation and are enabled by Law to sue for any thing belonging to their Church or the Poor of the Parish See Lambert's Duty of Church-wardens Cinque Port. CInque Port are five Haven-towns that is Hastings Romney Hythe Dover and Sandwich to which have been granted long time since many Liverties which other Port-towns haue not and that first in the time of King Edward the Confessor which have been increased since and that chiefly in the days of the three Edwards the first the second and third as appears in Dooms-day book and other old Monuments too long to recite Circuity of Action CIrcuity of Action is when an Action is rightfully brought for a Duty but yet about the bush as it were for that it might as well have been otherwise answered and determined and the Suit saved and because the same Action was more then needful it is called Circuity of Action As if a man grant a Rent-charge of x. li out of his Mannor of Dale and after the Grantee disseises the Grantor of the same Manor and he brings an Assise and recovers the land and xxli damages which xx.li. being paid the Grantee of the Rent sues his Action for x. li of his Rent due during the time of the Disseisin which if no Disseisin had been he must have had This is called Circuity of Action because it might have been more shortly answered for whereas the Grantor shall receive xx.li. damages and pay x. li Rent he may haue received but the x. li only for the damages and the Grantee might have cut off and kept back the other x. li in his hands by way of deteiner for his Rent and so thereby might have saved his Action Circumstantibus CIrcumstantibus is a word of Art signifying the Supply and making up the number of Iurors if any impannelled do not appear or are challenged by either party by adding to them as many others of those that are present and standers by See 35 H. 8. c. 6. 5 El. c. 25. City CIty is such a Town corporate as hath a Bishop and a Cathedral Church whereof such words are found The same place is called Urbs Civitas and Oppidum It is called Civitas in regard it is governed in justice and order of Magistracy Oppidum for that there are therein great plenty of Inhabitants and Urbs because it is in due form begirt about with Walls But that place is commonly called Civitas which hath a Bishop Yet Crompton in his Jurisdictions reckons up all the Cities and leaves out Ely although it hath a Bishop and a Cathedral Church and puts in Westminster notwithstanding it now hath no Bishop And 35 El. 6. Westminster is called a City and Anno 27 ejusd c. 5 of Statutes not printed Westminster is alternative called a City or Borough It appears by the Stat. 35 H. 8. c. 10. that then there was a Bishop of Westm Cassanaeus writes that France hath within its Territories 104 Cities and gives this reason because there are so many Sees of Archbishops and Bishops Clack CLack as to clack force and bard wool 8 H 6. cap. 22. whereof the first viz. to Clack wool is to cut off the mark of the Sheep which makes it to weigh lesse and so to pay the less Custome to the King To Force wool is to clip the upper and most hairy part of it To Bard or beard wool is to cut the head and neck from the other part of the Fleece Claim CLaim is a Challenge by any man of the property or ownership of a thing which he hath not in possession but is withholden from him wrongfully and the party that so makes this Claim shall have thereby a great advantage for by it in some cases he may
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
have been taken for such as a man retains to speak for him in any Court as Advocates and Pledeurs to be another sort as Attorneys for one that is present himself but suffers another to speak for him Countours according to M. Horne are such Sergeants skilful in the Law which serve the common people to defend their Actions in Iudicature for their fee. Countee COuntee so called a comitando because they accompany the King was the most eminent and high dignity from the conquest untill the 11 year of King Ed. 3. when the Black Prince was created Duke of Cornwall and those who of ancient time were created Countees were of the Blood-Royal aud at this day the King in all his appellations stiles them by the name of Our most dear Cousin And for these causes the Law gives them high and great Priviledges and therefore their body shall not be arrested for Debt Trespasse c. because the Law intends that they assist the King with their counsel for the publick good and keep the Realm by their prowesse and valour Also for the same cause they shall not be put in Iuries although it be for the service of the Country And if issue be taken whether the Plaintiff or Defendant be a Countee or not this shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of favour against a Lord of the Parliament because he is intended to attend the publick And of ancient time the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County and now the Sheriff hath all the authority for administration and execution of Iustice which the Countee had Cok. lib. 9. fol. 49. and therefore he is called Viscount Countenance COuntenance seems to be used for Credit or Estimation Old Nat. Brev. 111. in these words The Attaint shall be granted to poor men that will take their oaths they have not any thing whereof to make their Fine saving their Countenance In the same manner it is used 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings Debtors with as much as they may levy with their oaths without abating the Debtors Countenance Countermand COuntermand is where a thing formerly executed is afterward by some act or ceremony made void by the party that hath first done it As if a man hath made his last Will whereby he devises his Land to J. S. and afterwards he infeoffs another of the same Land there this Feoffment is a Countermand to the Will and the Will as to the disposition of the Land is void If a woman seised of Land in fee makes a Will in writing and devises that if A. of B. survives her then she devises and bequeaths to him and his heirs her Land and afterward she entermarries with the said A. of B. there by taking him to husband and coverture at the time of her death the Will is Countermanded But if a Baroness widow retains two Chaplains according to the Statute and takes one of the Nobility to husband and afterwards the husband dies the Reteiner of those two Chaplains remains and they without new Reteiner may take two Benefices for their Reteiner was not determined nor countermanded by such Marriage If a woman makes a Lease at will and afterwards takes an husband this Marriage is no Countermand to the Lease without express matter done by the Husband after the Marriage to determine the Will Also if a Lease be made at will to a woman and she takes an Husband the Lease continues notwithstanding the Marriage and is no Countermand thereunto Counterplea COunterplea is when one brings an Action and the Tenant in his Answer and Plea vouches or calls any man to warrant his Title or prayes in aid of another who hath better Estate than he as of him that is in the Reversion or if one that is a stranger to the Action come and pray to be received to save his Estate if the Demandant reply thereto and shew cause that he ought not to vouch such a one or of such a one to have aid or that such a one ought not to be received this Plea is called a Counterplea to the Voucher Aid or Resceit as the case is But when the Voucher is allowed and the Vouchee comes in and demands what cause the Tenant hath and the Tenant shews his cause and the Vouchee pleads any thing to avoid the Warranty that is called a Counterplea in the Warranty Countie COuntie signifies as much as Shire both containing a compasse or portion of the Realm into which all its land is divided for the better government thereof and more easie administring of Iustice so that there is not any part of the Kingdom that lies not within some County and every County is governed by a yearly Officer whom we call Sheriff who among other duties belonging to his Office puts in execution all the Commandments and Iudgments of the Kings Courts that are to be executed within the compasse Fortesc ' cap. 24 Of these Counties there are four more remarkable than others called County Palatines as Lancaster Chester Durham and Ely an 5. El. c. 23. There was also the County Palatine of Hexam an 33 H. 8. cap. 10. but thereof quaere A County Palatine is of so high a nature that whereas all Pleas touching the life or maihem of a man called Pleas of the Crown are usually held and sped in the Kings name and cannot be passed in the name of any other the chief Governours of these by special Charter from the King heretofore did send out all Writs in their own name and did all things touching Iustice as absolutely as the Prince himself in other Counties onely acknowledging him to be their Superiour and Soveraigne But by the Statute of 27 H. 8. cap. 25. this power was much abridged which fee and Cromp. Jurisdict 137. Besides these two sorts of Counties there are also Counties corporate as appears by the Statute of 3 Ed. 4. 5. and these are certain Cities or ancient Boroughs of the Land upon whom the Princes of this Nation have bestowed such extraordinary Liberties as London York Chester Gloucester and many others County in another signification is used for the County Court which the Sheriff keeps every moneth within his charge either by himself or his Deputy See for this Dal â— on s Office of Sheriffs Of these Counties or Shires there are reckoned to be 37 in England besides the twelve in Wales Court COurt is diversly taken sometimes for the House where the King remains with his ordinary retinue and also the place where Iustice is judicially ministred of which you may find 32 several sorts in Cromp. Jurisd well described And of those the greater part are Courts of Record some are not and therefore accounted Base Courts in comparison of the others Besides these there are also Courts Christian so called because they handle matters chiefly
and the issue is â—â— pt forth of her belly alive there he shall not be Tenant by the Curtesie for this ought to begin by the issue and consummate by the death of the woman and the Estate of the Tenant by the Curtesie ought to avoid the immediate discent But if the husband hath issue by his wife and after Land discends to the woman be the issue then dead or alive he shall be Tenant by the Curtesie for the time of the birth of the issue is not material if it be in the life of the woman If Lands be given to a woman and the heirs males of her body and she takes an hu â— band and hath issue a daughter and dies the husband shall not be Tenant by the Curtesie for the issue cannot by any possibility inherit the same Tenements Also as a woman alien marrying one of the Kings subjects shall not be endowed in the same manner a man alien shall not be Tenant by the Curtesie Also if a man seised of Land in right of his wife be attainted of Felony having issue and then purchases the Kings Pardon and after his wife dies there he shall not be Tenant by the Curtesie But if he hath issue by his wife born after the Pardon in such case he shall Curtilage CUrtilage is a Garden Yard Field or piece of void ground lying near and belonging to the Messuage West part 2. sect 26. And so it is used 35 H. 8. c. 4. 39 Eliz. 2 Coke l. 6. fol. 64. Customary Tenants CUstomary Tenants are such Tenants as hold by the Custome of the Mannor as their special Evidence Custome CUstome may be defined to be a Law or Right not written which being established by long use and consent of our Ancestors hath been and dayly is put in practice Custome is either general or particular General is that which is current through England whereof you may read in Doctor and Student l. 1. c. 7. many very worthy to be known Particular is that which belongs to this or that County as Gavelkind to Kent or to this or that Lordship City or Town Custome differs from Prescription because Custome is common to many and Prescription by the opinion of some is particular to this or that man Again Prescription may be for a shorter time than Custome sc for five years or less As if a Fine be duly levied of Lands or Tenements and be not gainsaid within five years this is a Bar to all Claim for ever If a man omits his Continual Claim for a year and a day then the Tenant in possession prescribes an Immunity against the Entry of the Demandant and his Heir Fitzh Nat. Brev. 79. Out of our Statutes you may have greater diversity so that this seems to be a true saying That Prescription is an Exception founded upon so long time gone and past as the Law limits for the pursuit of any Action An example may be taken out of the Statute of 1 H. 8. c. 4. which enacts That in all Actions popular information shall be made within three years after the offence committed otherwise to be of no force Custome is also used for the Tribute or Toll that Merchants pay to the King to carry in and out Merchandizes 14 E. 3. Stat. 1. c. 21. In which signification it is called Custuma in Latine Reg. Orig. 129. a. 138. a. And lastly for such Services as Tenants of a Manor owe unto their Lord. Old Book of Entries word Custome See Consuetud Servitiis Custos Brevium CUstos Brevium is the chief Clerk belonging to the Court of Common Pleas or Kings Bench whose office is to receive and keep all the Writs and to put them upon Files every Return by it self and at the end of every Term to receive of the Prothonotaries all the Records of Nisi prius called the Postea The Custos Brevium also makes entry of Writs of Covenant and the Concord upon every Fine and makes out Exemplifications and Copies of all the Writs and Records in his Office and of all the Fines levied The parts of the Fines after they are ingrossed are divided between the Custos Brevium and the Chirographer whereof the Chirographer keeps always the Writ of Covenant and the Note the Custos Brevium keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causes the Proclamations to be indorsed when they are all proclaimed Custos Rotulorum CUstos Rotulorum is he that hath the keeping of the Rolls or Records of the Sessions of the Peace and as some think of the Commission of the Peace it self Lam. l. 4. c. 3. p. 373. He is always Iustice of the Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Iudge because the Commission of the Peace lays this special Charge by express words upon him That he should cause the Writs Precepts Process and Indictments aforesaid to come and be before him and his fellow-Justices at the days and places aforesaid Gardian of the Spiritualties GArdian of the Spiritualties is he that exercises the spiritual and Ecclesiastical Iurisdiction of any Diocess during the Vacancy of the See the appointment of whom by the Canon Law pertains to the Dean and Chapter lest in the Vacancie of the See some Innovation should be introduced But in Engl. the Archbishop of the Province hath it by Prescription Howbeit many Deans and Chapters a â— M. Gwyn saith in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cuynage CUynage is a word used in the Statute of 11 H. 7. c. 4. for the making up of Tinne into that fashion as it is used to be framed for the better carriage of it into other parts D. Dammage DAmmage is part of that which the Iurors are to enquire of in giving their Verdict for the Complainant or Demandant in an Action real or personal For after the Verdict given upon the principal matter they are also asked their Consciences touching Costs which are the Expences of the Suit and Dammages which contain the prejudice which the Plaintiff or Demandant hath suffered by means of the wrong doue him by the Defendant or Tenant And forasmuch as Iustice and Reason require that when the life credit lands goods corruption of bloud and all that a man hath to forfeit in this world are put in peril without just cause but only upon the malicious Accusation of another by Appeal that the Appellee should have satisfaction therefore against his false Accuser and if he hath not sufficient then against him or them that abbetted or procured him to pursue the Appeal Therefore the Common Law gave Dammages to the Defendant in an Appeal and assigned him a means for the recovery thereof when he was acquitted of the Felony as it is 48 E. 3. 22. But forasmuch as the Dammages against the Procurors and Abbettors were to be recovered
both are Records yet the Iudgment in the Kings Court upon judicial and ordinary proceeding is more notorious and conspicuous and of a more high and eminent degree then a Statute or Recognisance taken in private and by consent of parties and is therefore preferred in judgment of the Law before Recognisance or Statute and if the Executors do not satisfie this first then if they have no goods of the dead in their hands they shall pay it of their own So the Ordinary having goods of one that dies intestate in his hands by Sequestration and an Action of Debt upon an Obligation to the value of the said goods is brought against him as Ordinary he shall not dispose or administer any parcell of the said Goods to the other Creditors at his pleasure but is bound to satisfie the Debt first for which an Action is brought against him Dyer fol. 232. placit 5. If a Sheriff retorne ex officio without inquest that the Executor hath wasted goods the Execution goes de bonis propriis of the Executor and if the retorn be false then the Executor may have an Action upon the Case against the Sheriff for his false retorn because the Executor hath no day to plead But if the Sheriff retorn a devastavit upon an Inquiry by a Iury the Executor may appear and traverse quod non devastavit and try it 1 Cro. Mounson and Bourn Proctor versus Chamberlain Devenerunt DEvenerunt is a Writ directed to the Escheator when any of the Kings Tenants holding in Capite dies and when his son and heir within age and in the Kings custody dies then shall this Writ go forth commanding the Escheator that he by the oath of good and lawful men enquire what Lands or Tenements by the death of the Tenant come to the King c. See Dyer f. 360. pla 4. But see the Stat. 12. Car. 2. cap. 24. Devest DEvest is a word contrary to Invest for as Invest signifies to deliver the possession of a thing so Devest signifies the taking it away Devise DEvise is where a man in his Testament gives or bequeaths his Goods or Lands to another after his decease And where such Devise is made of Goods if the Executors will nor deliver them to the Devisee he hath no remedy by the Common Law but it behoves him to have a Citation against the Executors of the Testator to appear before the Ordinary to shew why he performs not the Will of the Testator for the Devisee may not take the Legacy and serve himself but it must be delivered to him by the Executors See the Stat. 32 H. 8. ca. 1. 34 H. 8. ca. 5. 29 Car. 2. ca. 3. By which last Statute the Law of Testameuts is altered But by the Common Law if a man be sole seised of Lands in fee and devises them by Testament this Devise was void unless the Lands were in City or Borough where Lands are devisable by Custome But if any man were infeoffed to the use of another and his heirs and he to whose use he was so seised did make Devise of his Lands this Devise was good though it were not in a Town where Lands are devisable Also if any man devise Lands in City Town or Borough devisable and the Devisor dies if his Heir or any other abate in the Lands then the Devisee shall have a Writ of Ex gravi querela But this Writ shall never be pleaded before the Kings Iustice but always before the Maior or Bailiffs in the same Town And here to the end to shew how much the Laws of this Realm and the discreet Iudges of the same who are the Interpreters of it do favour Wills and Testaments and Devises in yielding to them such a reasonable construction as they think might best agree with the minds of the dead considering that Wills and Testaments are for the most part and by common intendment made when the Testatour is very sick weak and past all hope of recovery for it is a received opinion in the Countrey amongst most that if a man should chance to be so wise as to make his Will in his good health when he is strong of good memory and hath time and leisure to ask counsell if any doubt were of the Learned that then he should not live long after and therefore they deferre it to such time when it were more convenient to apply themselves to the dispositions of their Souls than of their Lands or Goods except it were that by the fresh memory and recital of them at that time it might be a cause to put them in mind of some of their goods or lands falsly gotten and so move them to restitution c. And at that time the penning of such Wills is commonly committed to the Minister of the Parish or to some other more ignorant who knows not what words are necessary to make an Estate in Fee-simple Fee-tail for term of life or such like besides many other mischiefs I will therefore here set down some of those Cases that are most common in ignorant mens mouths and carry by the wise interpretations of the Judges a larger and more favourable sense in Wills than in Deeds First therefore if one devise to J. S. by his Will all his Lands and Tenements here not only all those Lands that he hath in possession do pass but all those that he hath in Reversion by virtue of those words Tenements And if Lands be devised to a man to have to him for ever or to have to him and his Assigns in these two cases the Devisee shall have a Fee-simple But if it be given by Feoffment in such manner he hath but an Estate for term of life And if a man devise his Land to another to give sell or do therewith at his pleasure or will this is Fee-simple A Devise made to one and to his Heirs males doth make an Estate-tail But if such words be put in a Deed of Feoffment it shall be taken for Fee-simple because it doth not appear of what body the Heirs males shall be begotten If Lands be given by Deed to J. S. and to the Heirs males of his body c. who hath issue a daughter who hath issue a son and dies there the Land shall return to the Donor and the son of the Daughter shall nor have it because he cannot convey himself by Heirs males for his mother is a let thereto But otherwise it is of such a Devise for there the son of the daughter shall have it rather then the Will shall be void If one devise to an Infant in his mothers belly it is a good Devise but otherwise by Feoffment Grant or Gift for in those cases there ought to be one of ability to take presently or otherwise it is void See 14. El. Dy. 304. A Devise made in Fee-simple without expresse words of Heirs is good in Fee-simple But if a Devise be made to J. N. he
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-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
Iury he shall be disgraded for it which is nothing else but the Deprivation of him from those Orders he hath taken upon him as Priesthood Deaconship or otherwise Stamf. Pl. Cor. fol. 130 138. In like manner there is Disgrading of a Knight as is aforesaid See Stow Annal. pag. 685. And it is worthy the observation that by the Canon Law there are two kinds of Disgradings the one summary by word only and the other solemn by Devesting the party disgraded from those Ornaments and Rites which are the Ensigns of his Order or Degree See 4 E. 4. 19 20. Tithes TIthes are the Tenth parts of any thing but properly of those things that increase which for the most part belong to Ministers of the Church for their maintenance and they are of three sorts to wit Predial Personal and mixt Predial Tithes are Tithes that are paid of things that come of the Ground onely as Corn Hay Fruits of trees and such like Personal Tithes are Tithes paid of such profits as come by the labour and industry of a mans person as by Buying and Seiling gains of Merchandize and of Handy-crafts men Labourers and such as work for hire as Carpenters Masons and such like Mixt Tithes are Tithes of Calves Lambs Pigs and such like that increase partly of the Ground they are fed upon and partly of the keeping industry and diligence of the Owner Disparagement DIsparagement is a Shame Disgrace or Villany done by the Gardian in Chivalrie to his Ward within age in point of his Marriage As when the Gardian marries his Ward within age of fourteen years and within such time as he cannot consent to Marriage to a Bond-woman or to the Daughter of one that dwels in a Borough which is to be understood such whose fathers profess Handicrafts and those baser Arts of buying and selling to get their living or to one that is lame or deformed or hath some horrible Disease as the Leprosie French-Pox Falling-sickness or such like or marries him to a woman that is past Child-bearing and divers such other then upon complaint made by the friends of such Heir the Lord or Gardian shall lose the Wardship and the profits during the Nonage of the Heir for the Disparagement done him See Littl. lib. 2. cap. 4. Disseisin DIsseisin is when a men enters into any Lands or Tenements where his Entry is not lawful and puts him out that hath the Freehold Disseisin upon Disseisin DIsseisin upon Disseisin is when the Disseisor is disseised by another Disseisor and Disseisee DIsseisor is he who puts a man out of his Land without order of Law But the King cannot be said to be a Disseisor and with this is a note in 1 E. 5 f. 8. that it was held the King could not be termed one that did wrong for if one will disseise another to the use of the King where the King hath no right the King cannot be said a Disseisor Disseisee is he that is put out of his Land and if such Disseisee levy a Fine of the Land whereof he is disseised to a stranger the Disseisor shall keep the Land for ever for the Disseisee against his own Fine cannot claim and the Conusee cannot enter for the right which the Disseisee had was extinct by the Fine whereof the Disseisor shall take advantage and so was the opinion Cok. lib 2. fol. 56. Distress DIstress is the thing taken and distrained upon any Land for Rent behind or other duty or for hurt done although the property of the thing belongs to a stranger but if they are Beasts that belong to a stranger it behoves that they were levant and couchant upon the same Ground that is to say that the Beasts have been upon the ground a certain space that they have themselves well rested there or else they are not distrainable for Rent or Service If one distrain for Rent or other thing without lawfull cause then the party grieved shal have a Replevin and upon Surety found to pursue his Action shall have the Distress re-delivered But there are divers things that are not distrainable viz. another mans Gown in the house of a Tailor or Cloth in the house of a Fuller Sheerman or Weaver they being common Artificers and the common presumption is that such things belong not to the Artificers but to other persons who put them there to be wrought Victual is not distrainable nor Corn in sheaves unless they are in a Cart because a Distress ought to be always of such things whereof the Sheriff may make Replevin and deliver again in as good case as they were at the taking A man may distrain for Homage of his Tenant for Fealty and Escuage and other Services and for Fines and Amerciaments which are assessed in a Leet but not in a Court-Baron and for Dammage-feasant that is when he finds the Beasts or goods of any other doing hurt or incumbring his Ground But a man may not distrain for any Rent or thing due for any Land but upon the same Land that is charged therewith And in case where I come to distrain and the other seeing my purpose cases the beasts or bears the th â— ng out to the intent that I shall not take it for a Distresse upon the Ground then I may well pursue and if I take it presently in the High-way or in anothers ground the taking is lawful as well there as upon the Land charged to whomsoever the property of the goods belongs Also for Fines and Amerciaments assessed in a Leet one may always take the goods of him that is so amerced in whose ground soever they be within the Iurisdiction of the Court as it is said Also when one ha â— h taken a Distresse it behoves him to bring it to the common Pound or else he may keep it in an open place so that he give notice to the party that he if the Distress be a quick beast may give it food and then if the beast die for want of food he that was distrained shall be at the loss and the other may distrain again for the same Rent or duty But if he carry the Distresse to an Hold or out of the County that the Sheriff may not make deliverance upon the Replevin then the party upon Return of the Sheriff shall have a Writ of Withernam directed to the Sheriff what he take as many beasts or as much goods of the other into his keeping till deliverance be made of the first Distresse And also if they be in a Fortlet or Castle the Sheriff may take with him the Power of the County and beat down the Castle as appears by the Statute of West 1. c. 17. Therefore see the Statute District DIstrict is sometimes used for the Circuit or Territory within which a man may be compelled to appear Brit. c. 120. and so also is Districtio in the Reg orig fol. 6. v. Distresse in the former signification is divided first into finite and infinite
Finite is that which is limited by Law how often it shall be made to bring the party to trial of the Action as once or twice Old Nat. Brev. f. 43. Distresse infinite is without limitation untill the party comes as against a Iury that refuses to appear upon Certificate of Assise the Process is a Venire facias Habeas corpora and distresse infinite Old nar Brev. f. 113. Then it is divided into the grand Distresse as Anno 52 H. 3. c. 7. which Fitzh calls in Latine Magnam Districtionem Nat. Brev. 126. a. and an ordinary distresse A grand Distresse is that which is made of all the goods and chattels which the party had within the County Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite idem fol. 80. with whom also the Statute of Marlbridge seems to agree Anno 52 H. 3. c. 7. 9 12. See the Old Nat. Brev. 71. b. Distringas DIstringas is a Writ directed to the Sheriff or any other Officer commanding him to distrain for a Debt to the King c. or for his appearing at a day See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men Of which see 1 Cro. Rep. 204. in t ' Reg. Inhabit ' de Epworth Dividend DIvidend is a word used in the Statute of Rutland Anno 10 E. 1. where it seems to signifie one part of an Indenture See Anno 28 ejusdem Stat. 3. c. 2. Divorce DIvorce See Devorce Docket DOcket is a Little piece of Payer or Parchment written that contains in it the effect of a Greater Writing See the Statute 2 3 P. M. c. 6. M. West part 2. tit Fines sect 106. calls it Dogget Dog-draw DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest There are four kinds of them observed by Manwood part 2. c. 18. num 9. of his Forest Laws that is Dog-draw Stable stand Back-bear and Bloudy-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound led in his hand Dogger DOgger is a kind of Ship Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven c. Doggermen Anno 2 H. 8. c. 4. Dole-fish DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance See the Statute Anno 35 H. 8. c. 7. Dominus litis IS the Advocate in the Civil Law who after the death of his Client prosecutes a Suit to sentence for the Executors use Domo reparan â—â— DOmo reparanda is a Vr. that lies for one against his neighbour by the fall of whose House he fears some hurt will come to his own Reg. orig fol. 123. Doom DOom from the Saxon Dom signifies Iudgment a word much used in References to Arbitrators Dooms-day DOoms-day is a Book that was written in the time of S. Edward the Confessor as the Author of Old Nat. Brev. saith fol. 15. and before in the title of Ancient demesne containing in it not only all the Lands through England but also all the names of those in whose hands they were at that time when the Book was made Lambert proves that this Book was made in the time of William the Conquerour with whom Cambden in his Britan. pag. 94. agrees proving it out of Ingulphus that flourished the same time who touching the contents thereof hath these words It describes the whole Land neither was there one Hide in all England whose Value and Possessour was unknown nor any Pool or place not describ'd in the Kings Roll and the Rent profits Possession it self and Possessor not made known to the King according to the fidelity of the Taxers who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English for its generality in that it contains all the Tenements contained throughout the Land it is surnamed Dooms-day And this Book is sometimes called Liber Judicatorius because in it is contained a diligent Description of the Kingdom and it expresses the value of all the ground thereof as well in the time of King Edward as in the time of King William under whom it was compiled Doomsman SEem to be Suitors in a Court of a Mannor in Auntient demesne who are Iudges there Donative DOnative is a Benefice meerly given and collated by the Patron to a man without either Presentation to or Institution by the Ordinary or Induction by his commandment F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis c. 11. num 1. hath these words But if Chappels founded by Lay-men were not approved of the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders Wherefore the founders and their Heirs may give such Chappels if they will without the Bishop M. Gwyn in the Preface to his Readings saith That the King might of antient time found a free Chappel and exempt it from the Iurisdiction of the Diocesan So also he may by his Letters Patents give licence to a common person to found such a Chappel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be deprivable by the Founder or his heir and not by the Bishop and this seems to be the original of Donatives in England Fitzherbert saith fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents And all Bishopricks were of the Foundation of the Kings of England and therefore in the antient time they were Donative and given by the Kings yet now the Bishopricks are become by the Grants of the Kings eligible by their Chapter Coke l. 3. f. 76. Donor and Donee DOnor is he who gives Lands or Tenements to another in tail and he to whom the same is given is called Donee Dorture DOrture is a common Room place or Chamber where all the Religious of one Covent slept and lay all night Anno 25 H. 8. cap. 11. Double Plea DOuble Plea is where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended and each one by it self is a sufficient Bar or Answer to the Action then such double Plea shall not be admitted for a Plea except one depend upon another and in such case if he may not have the last Plea without the first then such a double Plea shall be well received Double Quarel DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of
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-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
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
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
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
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
who is therefore called the Incumbent of that Church because he doth bend all his study to the discharge of the Cure there Indicavit INdicavit is a Writ or Prohibition that lies for the Patron of a Church whose Clerk is Defendant in Court-Christian in an Action for Tithes commenced by another Clerk and extending to the fourth part of the Church or of its Tithes in which case the Suit belongs to the Kings Court by Westm 1. c. 5. Wherefore the Defendants Patron being like to be prejudiced in his Church and Advowson if the Plaintiff obtain in the Court-Christian has this means to remove it to the Kings Court Reg. orig fol. 35. and Britton c. 109. This Writ is not returnable but if they cease not their Suit he shall have an Attachment Inditement INditement See Enditement Indorsement INdorsement is that which is written upon the Back of a Deed as the Condition of an Obligation is said to be indorsed because it is commonly written on the Back of the Obligation Induction INduction is a lay act made by prescept of the Ordinary by which actual possession of the Church is given to the Rector or Vicar after his Presentation and Institution to it Infangtheef INfangtheef is a Priviledge or Liberty granted to Lords of certain Mannors to judge any Thief taken within their Fee Information INformation for the King is that which for a common person is called a Declaration and is not always done directly by the King or his Attorney but rather by some other man who sues as well for the King as for himself upon the breach of some penal Law or Statute wherein a Penalty is given to the party that will sue for the same but no Action of Debt to recover it therefore it must be had by Information Ingrosser INgrosser comes of the French word Grosier that is one that sells by Whole-sale But in our Law an Ingrosser is one that buys Corn Grain Butter Cheese Fish or other dead Victuals with an intent to sell the same again And so he is defined in the Stat. of 5 E. 6. c. 14. made against such Ingrossing Inheritance INheritance See Enheritance Inhibition INhibition is a Writ to inhibit a Iudge to proceed farther in the Cause depending before him And there is another Writ where after the Kings Presentment to a Benefice he presents another and inhibiteth the Bishop to give Induction to the first Presentee Plo. Com. 528. See F. N. B. f. 39. where he puts Prohibition and Inhibition together Inhibition is most commonly a Writ issuing forth of an higher Court-Cheistian to a lower and inferiour upon an Appeal Anno 24 H. 8. c. 12. and Prohibition out of the Kings Court of Record at Westminster to a Court-Christian or to an inferiour Temporal Court Injunction INjunction is an interlocutory Decree out of the Chancery sometimes to give Possession to the Plaintiff for defect of Apparance in the Defendant sometimes to the ordinary Courts of the King and sometimes to the Court-Christian to stay Proceeding in a Cause upon suggestiou made that if the rigor of the Law take place it is against Equity and Conscience in that Case See West part 2. tit Proceedings in Chancery sect 25. Inlagary INlagary or Inlagation is a Restitution of one outlawed to the Kings Protection or to the benefit condition of a Subject Inlaugh INlaugh signifies him that is sub Lege in some Frank-pledge not out-lawed of whom see Bract. l. 3. tract 2. c. 11. Inmates INmates are those persons of one Family that are suffered to come and dwell in one Cottage together with another Family by which the poor of the Parish will be increased And therefore by the Statute of 31 Eliz. c. 7. there is a Penalty of ten shillings a Month set upon every one that shall receive or continue such an Iumate Inquisition INquisition See Enquest Inrolment INrolment is the Registring Recording or Entring of any Act or Deed in the Chancery or elsewhere as of a Recognizance Fine Statute or Deed indented by the Statute of 27 H. 8. c. 16. by which a Freehold shall pass Instant INstant in Latine Instans is defined by the Logicians A thing not dividable in Time which is not any Time nor part of Time to which yet the parts of time are conjoyned and much considered in the Law and though it cannot be actually divided yet in consideration and conceit it may be divided and applied to several purposes as if they were several times whereof see in Plowdens Commentaries in the Case between Fulmerston and Stuard where the Statute of 31 H. 8. which Enacted That if an Abbot within a year before the Statute had letten Lands to one who at the time of making that Lease had the same Land to farm for a term of years then not expired that the Lessee should have that Land only for twenty one years is expounded And there it is debated That when the Termor takes the second Lease he surrenders his former term and so at the same instant of taking the second Lease the former term is expired And in the Case between Petit and Hales he who kills himself commits not Felony till he be dead and when dead he is not in being so as to be termed a Felon but at the instant is in the Law so adjudged And there are many other Cases in Law where the instant time that is not dividable in nature in the consideration of the mind and understanding of the Sages of the Law is divided upon which arise many arguments of great use and profound learning Institution INstitution is a Faculty made by the Ordinary by which a Vicar or Rector is approved to be Inducted to a Rectory or Vicarage Interdiction INterdiction has the same signification in the Common as in the Canon Law where it is thus defined Interdictio est Censura Ecclesiastica prohibens administrationem Divinorum And so it is used 22 H. 8. cap. 12. Intrusion INtrusion is a Writ that lies against him that enters after the death of Tenant in Dower or other Tenant for Life and holds out him in the Reversion or Remainder for which see Fitz. N. B. fol. 203. E. And every entry upon the possession of the King is called an Intrusion as where the Heir of the Kings Tenant enters after Office and before Livery this is called an Intrusion upon the King as appears in Stanf. Prerog fol. 40. and many other Books Intrusion INtrusion See Entrusion Inventary AN Inventary is a Catalogue or Recital in Writing of all the Goods and Chattels of one that is dead with the Valuation of them by four several persons which every Executor and Administrator ought to exhibit to the Ordinary at the time appointed Jointenans JOintenants are where two men come to any Lands and Tenements by one joynt Title as if a man give Lands to two men and to their Heirs Tenants in common are where two have Lands by several Titles or by Feoffment to two
shall bring with him vj viij or xij of his Neighbors as the Court shall assign him to swear with him much like the Oath which they make who are used in the Civil Law to purge others of any crime laid against them who are called Compurgators Note that the Offer to make the Oath is called Wager of Law and when it is accomplished then it is called the Doing of your Law And if the Sheriff in any Action return that he hath summoned the Defendant to appear in Court at any day to answer the Plaintiff at which day he makes Default Process shall be awarded against him to come and save or excuse his Default which is as much to say as to excuse the Delay or otherwise to lose the thing demanded And the Defendant comes and swears he was not summoned which is called waging of Law then he ought to do it at the day assigned with xij others And in doing of his Law he ought upon his Oath to affirm directly the contrary of that which is imputed to him But the others shall onely say They think he saith the truth Libel LIbel Libellus is a term of the Civil Law signifying the Original Declaration in any Action and so it is used in the Statutes of 2 H. 3. cap. 3. and 2 E. 6. cap. 13. And an infamous Libel signifies properly in our Law a Scandalous report of any man unlawfully published in writing of which see Cok. lib. 5. fol. 125. a. Liberate LIberate is a Warrant issuing out of the Chancery to the Treasurer Chamberlains and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any yearly Pension or other Sum granted under the Great Seal Regist orig 193. Sometimes to the Sheriffs c. Fitzh N. B. fol. 132. for the delivery of Lands or Goods taken upon Forfeiture of a Recognizance F. N. B. 131 132. Cok. lib. 4. Fulwoods Case fol. 64 66 67. Also to a Gaoler from the Justices for the delivery of a Prisoner that hath put in Bail for his Appearance There is also another Writ made out of the Petry-bag Office in Chancery upon a Statute Staple after an Extent thereupon retorned by which the Sheriff retorns he has delivered the Land extended to the Cognizee which being filed he may then not before bring his Action of Ejectment to recover possession of the Lands extended Libertate probanda LIbertate probanda Look for that in the Title Nativo habendo Librata Terrae LIbrata Terrae contains four Ox-gangs and every Oxgang 13 Acres of Land Skene de verb. signif verbo bovata Terrae Lien LIen is a word of two significations Personal lien and come being Covenant or Contract And real lien as Judgment Statute Recognizance or an Original against an Heir which oblige and affect the Land Ligeance LIgeance is a true and faithful Obedience of the Subject due to his Soveraign and this Ligeance which is an incident inseparable to every Subject is in four manners the first is natural the second acquired the third local and the fourth legal Of all which you may read much excellent Learning in Cok. lib. 7. Calvins Case Limitation LImitation is an Assignment of a space or time within which he that will sue for any Lands or Hereditaments ought to prove that he or his Ancestor was seised of the thing demanded or otherwise he shall not maintain his Suit or Action which Assignments are made by divers Statutes As the Statute of Merton cap. 8. Westm 1. cap. 38. 32 Hen. 8. cap. 2. c. Livery of Seisin LIvery of Seisin is a Ceremony used in Conveyance of Lands and Tenements where an Estate in Fee-simple Fee-tail or a Free-hold shall pass And it is a Testimonial of the willing departing of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing Acceptance by the other party of all that whereof the other hath devested himself And it was invented as an open and notorious thing by means whereof the common People might have knowledge of the Passing or Alteration of Estates from man to man that thereby they might be the better able to try in whom the right and possession of Lands and Tenements were if they should be impanelled in Juries or otherwise have to do concerning the same The common manner of Delivery of Seisin is thus If it be in the open Field where is no Building or House then one that can read takes the Writing in his hand if the Estate pass by Deed and declares to the standers by the cause of their meeting there together c. and then openly reads the Deed or declares the effect thereof and after that is sealed the party who is to depart from the Ground takes the Deed in his hands with a Clod of the earth and a Twig or Bough if any be there which he delivers to the other party in the name of Possession or Seisin according to the form and effect of the Deed there read or declared But if there be a Dwelling-house or Building upon the Land then this is done at the Door of the same none being left at that time within the House and the party delivers all aforesaid with the Ring of the Door in the name of Seisin or Possession and he that receives the Livery enters in first alone and shuts the door and presently opens it again and lets them in c. If it be a House whereto is no Land or Ground the Livery is made and Possession taken by the delivery of the Ring of the Door and Deed only And where it is without Deed either of Lands or Tenements there the party declares by word of mouth before witness the Estate that he means to depart with and then delivers Seisin or Possession in manner aforesaid And so the Land or Tenement doth pass as well as by Deed and that by force of the Livery of Seisin It was agreed in Gray's Inne by Master Snagge at his Reading there in Summer Anno 1574. That if a Feoffor deliver the Deed in view of the Land in name of Seisin that is good because he hath a Possession in himself But otherwise it is of an Attorney for he must go to the Land and take Possession himself before he can give Possession to another according to the words of his Warrant c. And where Livery of Seisin is by View if the Feoffee do not enter after c. nothi â— g passes for he ought to enter in Deed. Lollards LOllards were Dogmatists in Religion in the times of E. 3. and H. 5. and in those times were reputed Hereticks as appears by the Statutes in 5. R. 2. cap. 5. and 2 H. 5. cap. 7. Which Statutes you shall find repealed in 1 E. 6. cap. 12. and 1 El. cap. 1. They had their name as some think from one Gualter Lolhard a German who lived about the year 1315. and was the first Author
of 13 R. 2. cap. 2. and 1 H. 4. c. 7. 14. the Marshal of the Kings House of whom you may read F. N. B. f. 241. B. and in the Statute of Artic. sup Chart. c. 3. 18 E. 3. c. 7. 2 H. 4. c. 23. 15 H 6. c. 1. and others There are also other inferior Marshals mentioned in our Books as the Marshal of the Kings Bench in the Statute of 5 E. 3. c. 8. and F. N. B. f. 251. l. who hath the custody of all the Prisoners of that Court and the Marshal of the Exchequer mentioned in the Statute of 51 H. 3. Stat. 5. called the Statute of the Exchequer Marshal is a French word and is as much to say as Master of the Horse for it seems to come of the German Marschalk which hath that signification Marshalsea MArshalsea is the Court or Seat of the Marshal of the Kings House of which you may read at large in Coke l. 6. f. 20. B. l. 10. f. 68. B. It is also taken for the Prison belonging to the Court of the Kings Bench of which the Marshal of that Court is the Keeper for so are the forms of the Bills there that A complains of B in the custody of the Marshal of the Marshalsea of our Lord the King c. Maugre MAugre is a word compound of two French words Mal and Gree so that it is as much as to say with an unwilling mind or in despight of another And so it is used in Littleton sect 672. where it is said that the Husband and Wife shall be remitted maugre the Husband that is in despight or against the will of the Husband Maximes MAximes are the Foundations of the Law and the Conclusions of Reason and are Causes efficient and certain universal Propositions so sure and perfect that they may not be at any time Impeached or Impugned but ought always to be observed and holden as strong Principles and Authorities of themselves although they cannot be proved by force of Argument or Demonstrations Logical but are known by Induction by the way of Sense and Memory For example it is a Maxime that If a man have Issue two Sons by divers women and the one purchases Lands in Fee and dies without issue the other shall never be his Heir c. And it is another Maxime that Lands shall discend from the Father to the Son but not from the Son to the Father for that is an Ascension c. And divers such there are whereof see Doctor and Student Maynour MAynour is when a Thief hath stollen and is followed with Hue and Cry and taken having that found about him which he stole that is called Maynour And so we commonly use to say when we find one doing of an unlawful act that we took him with the maynour or manner Meane MEane See Mesne Mease MEase or Messuage seems to come from the French word Maison or Mansion which is no other but a Place of abiding or habitation And yet Messuage in our Law contains more then the very place of habitation for a House and a Messuage differ in that a House cannot be intended other then the matter of Building but a Messuage shall be said all the Mansion-place and the Curtelage shall be taken as parcel of the Messuage 20 H. 7. Keloway fol. 57. a. And by the name of a Messuage the Garden and Curtelage shall pass Plowden fol. 171. a. Measondue MEasondue is an Appellation of divers Hospitals in this Kingdom which are so named Anno 2 3 P. M. cap. 23. 15 Car. 2. c. 7. And it comes of the French Maison de Dieu and is no more but Gods House in English Medietas Linguae MEdietas Linguae is an Inquest Impannelled upon any cause whereof the one half is of Denizens the other Strangers and it is used in Pleas between parties whereof one is a Denizen and the other a Stranger And this manner of Trial was first given by the Statute of 27 E. 3. Stat. 2. cap. 8. And by the Statute of 28 E. 3. c. 13. it was granted in cases where the King himself was party with an Alien Melius inquirendo MElius inquirendo is a Writ directed to the Escheator for a second Inquiry to be made when there is any doubt made of partiality in an Inquiry made upon a Diem clausit extremum after the death of the Kings Tenant See F. N. B. f. 255. C. Merchenlage MErchenlage is one of those three Laws out of which William the Conqueror framed our Common Laws with a mixture of the Laws of Normandy And it was the Law of the Mercians when they had the Government of the third part of this Realm Mesnalty MEsnalty is the right of the Mesne as the Mesnalty is extinct Old Nat. Br. f. 44. Mesne MEsne is where the Owner of Lands or Tenements holds of one by certain Services and he holds them of another by like or other Services then he who holds the Lands is called Tenant paravail and he of whom it is held is called Mesne and he of whom the Mesue holds is called chief Lord or Lord Paramount And in this case if the Lord above distrains the Tenant for the Service of the Mesne who ought to aequit him to the chief Lord then the Tenant shall have a Writ of Mesne so called against the Mesne and if he acquit not the Tenant then the Mesne shall lose the Service of the Tenant and shall be forejudged of his Seigniory and the Tenant shall be immediate Tenant to the chief Lord and shall do him the same Service and Suits as the Mesne did Messuage MEssuage See Mease Metropolitane MEtropolitane signifies the Arch-bishops of whom Centerbury is stiled Totius Angliae Primas Metropol And York the like Title without the word Totius Miscreant MIscreant is one who is perverted to Heresie or a faise Religion Bro. Presentation 54. Mise MIse is a French word and signifies as much as Expensum in Latine and it is so ordinarily used in the Entries of Iudgments in Personal Actions when the Plaintiff recovers the Entry is that Recuperet damna sua to such a value and pro misis custagis for Costs and Charges so much There is also another acception or signification of this word in the Law where it is taken for the Issue to be tried by Battail of Grand Assise And so it is used in Littleton sect 478. 482. and divers others where joyning of the Mise upon the meer right is putting it in Issue who hath the best or clearest right Misericordia MIsericordia is used in the Common Law for an Amerciament or Mulct set upon any for an offence as where the Plaintiff or Defendant in any Action are amerced the Entry is always Ideo in misericordia c. And it is therefore called Misericordia as Fitzh says N. B. fol. 75. H. for that it should be but small and less then the fault and saving his Contenement as
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
parts as there are Parceners then to write every part severally in a Little Scroll or piece of Paper or Parchment and put the same Scroll up close into a Hat or Cap or other such like thing and then each Parcener one after another as they are in age to draw one piece or Scroll wherein is written a part of the Land which by this Drawing is now severally alloted to them in Fee-simple The fourth Partition which is by Compulsion is when one or some of the Coparceners would have Partition and other some will not agree thereto then they that so would have Partition may bring a Writ De Partitione facienda against the others that would not make Partition by virtue whereof they shall be compelled to part c. In Kent where the Lands are of Gavelkind-nature they call at this day their Partition Shifting even the same word that the Saxons used namely Shiftan which signifies to make Partition between Coheirs and to assign to each of them their portion In Latin it is called Herciscere Partition also may be made by Ioyntenants or Tenants in common by their assent by Deed between them or by Writ by the Statutes of 31 H. 8. cap. 1. and 32 H. 8. cap. 32. Pasport PAsport is a word mentioned in the Statute of 2 E. 6. cap. 2. and signifies a Licence made by any that hath authority for the safe passage of any man from one place to another Patron PAtron is he that hath the Advowson of a Parsonage Vicarage Free-chappel or such like Spiritual Promotion belonging to his Manor or otherwise in gross and thereby may or ought to give the same Benefice or present thereto when and as often as it becomes void And this being Patron or Patronage had beginning for the most part by one of these three ways namely either by reason of the Foundation for that the Patron or his Ancestors or those from whom he claims were Founders or Builders of the Church or by reason of Donation for that they did endow or give Lands to the same for maintenance thereof or else by reason of the Ground because the Church was set or built upon their soil or ground and many times by reason of all three Paunage or Pannage PAunage or Pannage is that mony which the Agistors of Forests do gather for the feeding of Hoggs within the Forrest and it is also taken for all manner of Mast of trees within the Forest on which the Hogs do feed See Manw. For. Laws chap. 12. fol. 90. a. Peers PEers are those that are impannelled in an Enquest upon any man for the convicting or clearing him of any offence for which he is called in question The reason of which appellation of the Iury is for that Peers comes from the Latin Pares that is Equals and the custome of our Nation is to try every man by his Equals that is to say by his Peers And so it appears by the Statutes of Magna Charta cap. 29. West 1. cap. 6. This word is also used for the Nobility of the Realm and Lords of the Parliament who are called the Peers of the Realm And of that see Stamf. Pl. of the Crown lib. 3. cap. 1. fol. 152. Perambulatione facienda PErambulatione facienda is a Writ that lies where two Lordships lie one nigh another some Encroachment is made by long time then by assent of both Lords the Sheriff shall take with him the parties and the neighbours and shall make Perambulation and shall make the Bounds as they were before But if a Lord encroach upon another and he will not make Perambulation then the Lord so grieved shall have a Writ against the other which is called de Rationalibus divisis Perjury PErjury is a corrupt or voluntary false Oath given in Chancery or in Evidence to a Iury upon tryal of an issue at Common Law See Stat. 5 El. cap. 9. Perinde valere PErinde valere is a term that belongs to the Ecclesiastical Law and signifies a Dispensation granted to a Clerk who not being capable of a Benefice or other Ecclesiastical Function is de facto admitted to it And it hath the name from the words which make the faculty as effectual to the party as if he were actually capable of the thing for which he hath his Dispensation at the time of his admittance Pernor of Profits PErnor of Profits is he that takes the Profits Pernor of Profits and Cestuy que use is all one Coke lib. 1. Casu Chudley fol. 123. But one may be Pernor of c. and not Cestuy que use by Title but by Coven which see Co. 5. 77 78. Co. Entr. 698. 2 Leo. rep 16. 2 Anderson 25. Stat. 11. H. 6. 3. Perpetuity PErpetuity is used in Law where an Estate is so designed to be settled in Tail c. that it cannot be undone or made void Which the State cannot bear as is said in the end of the case Moo rep 809 810. Co. 1. 84. 130. Co. 6. 40. l. 8. 90. Per quae servitia PEr quae servitia is a Writ Iudicial and goes out upon the Note of a Fine and it lies for the Conusee of a Mannor or Seigniory to compel him that is Tenant of the Land at the time of the Fine levied to attourn to him And of this Writ see the Old N. B. f. 170. a. Perquisites PErquisites are Advantages and Profits that come to a Mannor by casualty and not yearly as Escheats Harriots Reliefs Waifes Estrays Forfeitures Amerciaments in Courts Goods and Lands purchased by Villains of the same Mannor Fines of Copiholds and divers other like things that are not certain but come by chance sometimes more often than at other times See Perkins fol. 20 21. Personalty PErsonalty as the Action is in the Personalty that is to say brought against the right person or the person against whom in Law it lies Petit Cape PEtit Cape is a Writ that lies when any Actios Real that is to say of Plea of Land is brought and the Tenant appears and afterward makes Default then this Petit Cape shall go forth to seise the Lands into the Kings hands But if he appears not at the first Summons then a Grand Cape shall go forth and for such Defalt the Tenant shall lose the Land But if he wage his Law of Non-summons he shall save his Default and then he may plead with the Demandant And in Grand Cape the Tenant shall be summoned to answer to the Default and farther to the Demandant But in Petit Cape he shall be summoned to answer to the Default only and not to the Demandant And it is called Petit Cape for that there is less in this Writ than in the other Pettybag PEttybag is an Office in the Court of Chancery for Suits for and against Attorneys and Officers of that Court And for process and proceedings by extents on Statutes Recognizances Ad quod dampnum c. Parva Baga dicitur Petit
Serjeantie TO hold by Petit Serjeantie is as if a man held Lands or Tenements of the King yielding him a Knife a Buckler an Arrow a Bow without string or other like Service at the will of the first Feoffor and there belongs not Ward Marriage or Relief And mark well that a man may not hold by Grand or Petit Serjeanty but of the King See the Stat. 12. Car. 2. cap. 24. Piccage PIccage is the payment of money or the money paid for the breaking of the ground to set up Booths and Standings in Fairs Picle or Pitle PIcle or Pitle seems to come from the Italian Picco â— o Parvus and signifies with us a little small Close or Inclosure Pillory PIllory is an Engine of punishment ordained by the Statute of 51 H. 3. for the punishment of Bakers but now used for many other Offendors and is called in Latine Collistrigium Pipowders PIpowders is a Court which is incident to every Fair for the determination of differences upon Bargains and disorders therein See more hereof Crom. Jurisd fol. 229. Coke lib. 10. fol. 73. Piscary PIscary is a Liberty of Fishing in another mans waters or his own Placard PLacard is word used in the Statutes of 33 H. 8. cap. 6. 2 3 Ma. cap. 9. and it signifies a Licence to use unlawful Games or to shoot in a Gun Plaintiff PLaintiff is he that sues or complains in an Assise or in an Action personal as in an Action of Debt Trespass Disceit Detinue and such other Pledges PLedges are Sureties either real or formal which the Plaintiff finds to prosecute his suit Pleading PLeadings are all the Sayings of the parties to Suits after the Count or Declaration namely that which is contained in the Bar Replication and Rejoynder and not that contained in the Count it self and therefore defaults in the matter of Count are not comprised within Mispleading or insufficient Pleading nor are remedied by the Statute of Jeofails 32 H. 8. but only the Mispleading or insufficient Pleading committed in the Bar Replication and Rejoynder are there provided for But see those now remedied also by the Statute of 18 Eliz. cap. 13. Plenartie PLenartie is when a Benefice is full directly contrary to Vacation which signifies the being void of a Benefice Stamf. Prerog cap. 8. fol. 32. Plevyn See Replevyn Pluralities PLuralities are where a Uicar or Rector has two or more Ecclesiastical Benefices For which see Stat. 21. H. 8. cap. 13. Policy of Assurance POlicy of Assurance is a course taken by Merchants for the assuring of their Adventures upon the Sea by giving a certain proportion in the Hundred for securing the safe return of the Ship and so much Merchandize as is agreed upon And of this you may read in the Statute of 43 Eliz. cap. 12. Vpon which an Action lies at the common Law or in the Court by the Kings Patent sitting at the Royal Exchange in London the Iudges of which are Civilians common Lawyers and Merchants Pone POne is a Writ whereby a Cause depending in the County-Court is removed into the Common-Pleas See for this Old N. B. fol. 2. a. Pontage POntage is a word mentioned in many Statutes as in Westm 1. cap. 25. 1 H. 8. cap 9. 39 Eliz. cap. 24. and it signifies sometimes the Contribution that is gathered for the Repairing of a Bridge sometimes the Toll paid by the Passengers to that purpose Portgreve See Viscount Portmoot POrtmoot is a word used in the Statute of 43 Eliz. cap. 15. and signifies a Court kept in a Haven-Town Possessio Fratris POssessio Fratris is where a man hath a son and a daughter by one Woman and a son by another Venter and dies the first son enters and dies without Issue the daughter shall have the Land as Heir to her brother although the second son is Heir to the father Litt. Sect. 8. Possession POssession is twofold either actual or in Law Actual Possession is when a man actually enters into lands or tenements to him discended or otherwise Possession in Law is when Lands or Tenements are descended to a man and he hath not as yet really actually and in Deed entred into them And it is called Possession in Law because in the eye and consideration of the Law he is deemed to be in Possession since he is Tenant to every mans Action that will sue concerning the same Lands or Tenements Post diem POst diem is the Return of a Writ after the day assigned for its Return Postd â— sseisin POstdisseisin Look for that before in the Title Assise Postea POstea is the Record of the proceedings upon a Trial by a Writ of Nisi prius which is returned after the Trial by the Iudge before whom it was tried into the Court where the first Suit began to have Iudgment there given upon the Verdict and it is called the Postea because it begins with Postea die loco c. Poundage POundage is a Subsidie to the value of 12 d. in the pound which is granted to the King by every Merchant as well Denizen as Alien for all manner of Merchandize carried out and brought in And of such Subsidies see the Statute 1 2 Ed. 6. cap. 13. 1 Jac. cap. 33. 14 Car. 2. cap. 24. Also by Stat. 29 El. cap. 4. every Sheriff is allowed poundage for levying Debt or Damages by Execution Pounds POunds are in two sorts the one Pound open the other close Pound open is every place wherein a Distress is put whether it be common Pound or Back-side Court Yard Pasture or else whatsoever whereto the Owner of the Distress may come to give them meat without offence for their being there or his coming thither Pound close is such a place where the owner of the Distress may not come to give them meat without offence as in a Close house or whatsoever else place Preamble PReamble takes his name of the preposition prae before and the verb ambulo to go so joyned together they make the compound verb praembulo to go before and hereof the first part or beginning of an Act is called the Preamble of the Act which is a Key to open the minds of the makers of the Act and the mischiefs which they intend to remedy by the same As for example the Statute made at Westm the first the 37 chap. which gives an Attaint the Preamble of which is thus Forasmuch as certain people of the Realm doubt very little to give false Verdicts or Oaths which they ought not to do whereby many people are disherited and lose their right It is provided c. Prebend and Prebendary PRebend and Prebendary are terms often used in our Books and they come of the Latine praebeo Prebend is that portion which every member or Canon of the Cathedral Church receives in right of his place for his maintenance and Prebendary is he that hath such a Prebend Precipe or Praecipe in capite PRecipe in capite
is a Writ that lies where the Tenant holds of the King in chief as of his Crown and he is deforced that is put out of his Land then he shall have this Writ and it shall be Close and shall be pleaded in the Common Pleas. Also if any Tenant that holds of any Lord be deforced it behoves him to sue a Writ of Right Patent which shall be determined in the Lords Court But if the Land be holden of the King the Writ of Right Patent shall be brought to the Kings Court and the Writ may be removed from the Lords Court unto the County by a To â— t and from the County into the Common Place by a Pone Look therefore before in the Title Drolt Praecipe PRaecipe are of divers sorts Quod reddat terras as dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary is compounded of two Latine words prae and Notarius and is used in our Law for the chief Clerks of the Kings Courts whereof there is one in the Kings Bench and three in the Common Pleas. He in the Kings Bench records all Actions Civil sued in that Court and they of the Common Pleas inrol all Declarations Pleadings and Iudgments and make out all Iudicial Writs they Inroll all Fines and Recognisances and exemplifie all Records the same Term before the Rolls are delivered out of their hands In 15 E. 4. 26 b. This Officer is called Praesignator And one of the three in the Common Bench Praesignator pauperum Premisses PRemisses See Habendum Praemunire PRaemunire is a Writ that lies where any man sues another in the Spiritual Court for any thing that is determinable in the Kings Court for which great punishment is ordained by divers Statutes viz. that he shall be out of the Kings protection and put in Prison without Bail or Mainprise till he have made Fine at the Kings Will and that his Lands and Goods shall be forfeited if he come not within two months And his Provisors Procurators Atturneys Executors Notaries and Maintainers shall be punished in the same manner Therefore look the Statute Also some say if a Clerk sue another man in the Court of Rome for a thing Spiritual where he may have remedy within the Realm in the Court of his Ordinary that he shall be within the case of the Statute And upon divers other offences is imposed by Statutes lately made the Penalty that they incur who are attainted in Praemunire As by 13 Eliz. cap 8. they who are aiding to make a corrupt Bargain whereupon Vsury is reserved above x. l. in the hundred for a year c. Prender PRender is the power or right of Taking a thing before it be offered from the French prendre i. accipere Prescription PRescription is when a Man claims any thing because he his Ancestors or Predecessors or they whose Estate he hath have had or used it all the time whereof no memory is to the contrary But one may not prescribe against a Statute except he have another Statute that serves for him Presentment PResentment is of two significations One is to a Church as when a man hath right to give any Benefice Spiritual and names the person to the Bishop to whom he will give it and makes a Writing to the Bishop for him that is a Presentation or Presentment If divers Coheirs cannot agree in Presentment the Presentee of the eldest shall be admitted But if Ioyntenants and Tenants in common agree not within six moneths the Bishop shall present by lapse The other is a Presentment or Information by a Iury in a Court before any Officer who hath Authority to punish any offence done contrary to the Law Pretensed Right or Title PRetensed Right or Title is where one is in possession of Lands or Tenements and another who is out claims it and sues for it now the pretensed Right or Title is said in him who so doth sue claim And if he afterward come to the possession his Right or Title is annexed to the Land and possession and not then called Right Primer Seisin PRimer Seisin is used in the Common Law for a branch of the Kings Prerogative by which he hath the first possession that is the intire Profits for a year of all the Lands and Tenements whereof his Tenant that held of him in capite died seised in his Demesne as of Fee his Heir then being at full age and thus the King takes in lieu of the intire Profits which he may take if he will until Livery be sued or at the least tendered Prerog Reg. c. 3. Stamf. f. 11. B. See the Stat. 12 Car. 2. c. 24. Prisage PRisage is that part or portion that belongs to the King of such Merchandizes as are taken at Sea by way of lawful Prise And this word you shall find in the Statute of 31 Ell â— cap. 5. Prisage of Wines PRisage of Wines mentioned in the Stat. 1 H. 8. c. 5. is a custom by which the King out of every Bark laden with Wine under 40 Tun claims to have two Tun at his own price Privie or Privities PRivie or Privities is where a Lease is made to hold at will for years for life or a Feoffment in fee and in divers other cases now because of this that hath passed between these parties they are called Privies in respect of strangers between whom no such Conveyantes have been Also if there be Lord and Tenant and the Tenant holds of the Lord by certain Service there is a Privity between them because of the Tenure and if the Tenant be disseised by a stranger there is no Privity between the Disseisor and the Lord but the Privity still remains between the Lord and the Tenant that is disseised and the Lord shall avow upon him for that he is his Tenant in right and in Iudgment of the Law Privies are in divers sorts as namely Privies in Estate Privies in Deed Privies in Law Privies in Right and Privies in Blood Privies in Estate is where a Lease is made of the Mannor of Dale to A for life the Remainder to B in fee there both A and B are Privies in Estate for their Estates were both made at one time And so it is in the first case here where a Lease is made at will for life or years or a Feoffment in fee the Lessees or Feoffees are called Privies in Estate and so are their Hairs c. Privies in Deed is where a Lease is made for life and afterward by another Deed the Reversion is granted to a stranger in fee this Grantee of the Reversion is called Privy in Deed because he hath the Reversion by Deed. Privy in Law is where there is Lord and Tenant the Tenant leases the Tenancy for life and dies without Heir and the Reversion escheats to the Lord he is said Privy in Law because he hath his Estate
Tenements but only the King in right of his Crown because all the Lands through the Realm are in nature of Fee and hold mediately or immediately of the Town This word nevertheless is used for such right in Lands and Tenements as common persons have in the same And there are three manner of rights of Property that is Property absolute Property qualified and Property possessory Of which see at large Cok. lib. 7. Case de Swans fol. 17. Proprietary PRoprietary is he that hath a Property in any thing but is most commonly used for him who hath the Profits of a Benefice to him and his Heirs or to himself and his Successors as in times past Abbots and Priors had Protection PRotection is a Writ that lies where a man will pass over the Sea in the Kings service then he shall have this Writ whereby he shall be quit of all manner of Pleas between him and any other person except Pleas of Dower Quare impedit Assise of Novel disseisin Darrein presentment and Attaints and Pleas before Iustices in Eyre But there are two Writs of Protection one cum clausula Volumus and another cum clau â— ula Nolumus as appears in the Register But a Protectiou shall not be allowed in any Plea begun before the date of it if it be 〈◊〉 in Veyages where the King himself shall pass or other Voyages Royal or in Messages of the King of affairs of the Realm Nor shall a Protection be allowed for Victual brought for the voyage whereof the Protection makes mention nor in Pleas of Trespass or of Contracts made after the date of the Protection Note that any may attach or begin any Action real against him that hath such Protection and therein proceed until the Defendant comes and shews his Protection in the Court and hath it allowed and then his Plea or Suit shall go without day But if after it appears that the party who hath the Protection goes not about the affairs for which he hath it then the Demandant shall have a Repeal thereof And if he go and return after the business ended the Demandant shall have a Resummons to recontinue the former Suit Protestation PRotestation is a form of Pleading when any will not directly affirm nor directly deny anything that is alledged by another or which he himself alledges And it is in two sorts One is when one pleads any thing which he dare not directly affirm or cannot plead for doubt to make his plea double As if in conveying to himself a Title to any Land he ought to plead divers Discents by divers persons and he dare not affirm that all they were seised at the time of their death or although he could do it it shall be double to plead two Discents of both which each by it self may be a good Bar. Then the Defendant ought to plead and alledged the matter interlacing this word protestando as to say that such a one died by Protestation seised c. And that is to be alledged by Protestation and not to be traversed by the other Another Protestation is when one is to answer to two matters and yet by the Law he ought to plead but to one then in the first part of the Plea he shall say to the one matter protestando and non cognoscendo this matter to be true and makes his Plea farther by these words Sed pro placito dicit c. And this is for saving to the party that so pleads by Protestation the being concluded by any matter alledged or objected against him upon which he cannot joyn issue and is no other but an exclusion of the Conclusion for he that takes the Protestation excludes the other party to conclude him And the Protestation ought to stand with the sequel of the Plea and not to be repugnant or otherwise contrary Provendry PRovendry in the Church of Sarum is called the lesser part of the Altar in the Church of St. Mary 41 E. 3. 5. b. Provision PRovision is used with us as it is in the Common Law for providing of a Bishop or other Ecclesiastical person of an Ecclesiastical Living by the Pope before the Incumbent of it be dead the great abuse whereof appears by several Statutes that have been made from the time of E. 3. to the reign of H. 8. for the avoiding of such Provisions Rast Entries Quare impedit Roy 17. 20. Proviso PRoviso is a Condition inserted in any Deed upon the performance whereof the validity of the Deed consists Sometimes it is only a Covenant whereof see Coke lib 2. in the Lord Cromwels Case It hath also another signification in matters judicial as if the Plaintiff or Demandant desists from prosecuting an Action and brings it not to Trial then the Defendant or Tenant may take forth the Venire facias to the Sheriff which hath in it these words Proviso quod c. to this end that if the Plaintiff takes out any Writ to this purpose the Sheriff shall summon but one Iury upon them both See Old Natura Brevium in the Writ Nisi prius fol. 159. Prov â— sor See Praemunire Proxy Procuratio PRoxy Procuratio is a payment to a Bishop by a Religious house for the charges of his visitation of such Houses Davies rep 2. Purchase PUrchase is the Possession that a man hath in Lands or Tenements by his own act means or agreement and not by title of Discent from any of his Ancestors See Littl. l. 1. c. 1. Purlue PUrlue is all the Ground near any Forrest which being made Forest by Henry the second Richard the first or King John was by Perambulations granted by Henry the third severed again from the same Manwood part 2. of his Forrest Laws c. 20. And it seems that this word is composed either of pouralle that is to go or walk about or purelieu that is a pure place because such Lands as were by those Kings subjected to the Laws and Ordinances of the Forrest are now cleared and freed from the same As the Civilians call that a pure place which is not subject unto Burials fo â—â— kewise this may be called a pure place because it is exempted from the servitude and thraldom which was formerly laid upon it Purlue man is he that hath Lands within the Purlieu and being able to dispenh forty shillings by the year of Free-hold is upon these two points licensed to hunt in his own Purlieu Manwood part 1. p. 151. 177. See now the Stat. made 1 Jac. c. 27. Purpresture PUrpresture is a wo â—â— derived from the French â— ourpr â—â— which signifies to take from another and to app â—â— priate to himself and therefore a Purpresture in a general sense is taken for any such wrong done by one man to another Purpresture in a Forrest is every Incroachment upon the Kings Forrest be it by Building Inclosing or using of any liberty without a lawful warrant so to do And of this see Manwood in his Forrest Laws
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions of Parliament to which the King assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
his Father and he shall have be no other Recovery against the Tenant or any other because such advantage is given by the Law to the Tenant And note that Fealty of common right belongs to Rent service but not to Rent charge nor Rent seck If a man distrain for Rent charge and the Distress be rescued from him and he was never seised before he hath no recovery but by Writ of Rescous for the Distress first taken gives not Seis â— to him unless he had the Rent before for if he were seised of the Rent before and after the Rent be behind and he distrain and Rescous be made he shall have Assise or a Writ of Rescous In every Assise of Rent charge and annual Rent or in a Writ of Annuity it behoves him that brings the Writ to shew an Especialty or else he shall not maintain the Assise But in an Assise of Mortdancestor or Formedon in the discender or other Writs in which Title is given or comprised brought of Rent charge or annual Rent the Especialty need not be shewn And note well that if a man grant a Rent charge to another and the Grantee release to the Grantor parcel of the Rent yet all that Rent is not extinct If Rent charge be granted to two joyntly and the one release yet the other shall have the half of the Rent And if the one purchase the half of the Land whereout the Rent is going the other shall have the half of the Rent of his companion And if the Disseisor charge the Land to a Stranger and the Disseisee bring an Assise and recover the Charge is defeated But if he that hath right charges the Land and a Stranger feign a false Action against him who hath no right and recovers by Default the charge abides In case Partition be between two Parceners and more Land be allowed to one then to the other and she that hath most of the Land charges her Land to the other and she happeth the Rent she shall maintain Assise without Especialty And it is a Rent seck where a man holds of me by Homage Fealty and other Services yielding to me a certain yearly Rent which I grant to another reserving to me the other Services If Rent seck be granted to a man and to his Heirs and the Rent be behind and the Grantor die the Heir may not distrain nor shall recover the arrearages of the time of his Father as it is said before of Rent services And in the same manner it is of Rent charge or annual Rent But in all these Rents the Heir may have for the arrerages in his own time such advantage as his Father had in his life See the Statute 32 H. 8. cap. 37. And note well that in Rent seck if a man be not seised of the Rent and it be behind he is without recovery for that it was his own folly at the beginning when the Rent was granted him or reserved that he took not Seisin of it as a peny or two pence A man may not have a Cessavit per biennium or any other Writ of Entry sur Cessavit for any Rent seck behind by two years but only for Rent service as it appears in the Stat. West 2. cap. 21. It behoves him that sues for Rent seck to shew a Deed to the Tenant cise the Tenant shall not be charged with the Rent except where the Rent seck was Rent service before as in this case Lord Mesne and Tenant and every of them holds of other by Homage and Fealty and the Tenant of the Mesne by 10 s. rent the Lord paramount purchases the Lands or Tenements of the Tenant all the Seigniory of the Mesne but the rent is extinct and for this cause this rent is become Rent seck and the Rent service changed for he may not distrain for this rent and in this case he that demands the rent shall never be charged to shew a Deed. Also in a Writ of Mordint-cestor Ayle or Besayle of rent seck it needs not to shew a Specialty for that these Writs of Possession comprehend a Title within themselves that is to say that the Ancestor was seised of the same rent and centinued his possession in respect of which Seisin the Law supposes that it is also averrable by the Countrey Yet learn for some suppose a necessity to shew forth a Deed because rent seck is a thing against common right as well as rent charge But in Assise of Novel disseisin and in a Writ of Entry sur disseisin brought of Rent seck it is needful to shew forth a Deed for that Rent seck is a thing against Common Right except in the case aforesaid where it was Rent service before and by the act of Law it is become Rent seck And Assise of Novel disseisin and a Writ of Entry sur disseisin contain within them no Title but suppose a Disseisin to be done to the Plaintiff and by the intendment of the Law the Disseisin gives no cause of Averment against common Right but there is a necessity to shew forth a Deed. Repleader REpleader is where the plea of the Plaintiff or Defendant or both are ill or an impertinent Issue joyned then the Court makes void all the Pleas which are ill and awards the Parties to replead Coke Entr. 152. and 221 224. Replevin REplevin is a Writ that lies where a man is distrained for Rent or other thing then he shall have this Writ to the Sheriff to deliver to him the Distress and shall find Surety to pursue his Action and if he pursue it not or if it be found or judged against him then he that tooks the Distress shall have again the Distress which is called the Return of the Beasts and he shall have in such case a Writ called Returno habendo But if the Defendant avow for Rent he may have Iudgment for the value of the Cattel by the Statute of 17 Car. 2. cap. 7. If it be in any Franchise or Bailiwick the party shall have a Replevin of the Sheriff directed to the Bailiff of the same Franchise to deliver them again and he shall find Surety to pursue his Action at the next County And this Replevin may be removed out of the County unto the Common place by Writ of Recordare See more of Replevin in the Title Distress Also see Mich. 2 E. 3. pl. 31. 7 E. 3. 27. pl. 13. the word Plevin where Land was taken out of the Kings hands and are afterwards delivered or replevied out of the Kings hands For which see Stat. 9. 3. cap. 2. The Writ of Homine replegiando lies where a man is in Prison and not by special commandment of the King nor of his Iustices nor for the death of a man nor for the Kings Forest nor for such cause which is not replevisable then he shall have this Writ directed to the Sheriff that he cause him to be replevied This Writ is a Justcies
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest
same Statute And when any Waste or destruction is made by the Recognisee his Executors or him that hath his Estate the Recognisor or his Heirs shall have the same Law as is before said of the Tenant by Elegit If Tenant by Statute-Merchant hold over his term he that hath right may sue against him a Venire fac ' ad computandum or else enter immediately as upon Tenant by Elegit See the Statute 11 E. 1. and of Acton Burnel and 13 E. 1. De Mercatoribus Starr-chamber STarr-chamber was an High Court held in the Star-Chamber at Westm before the King Peers and Iudges abolished per Stat. 17 Car. cap. 10. Sterbrech STerbrech alias Strebrech is the Breaking Obstructing or or making less of a Way Stilyard STilyard is a word used in the Statute of 22 H. 8. chap. 8. where the Ha â— se-Merchants are called the Merchants of the Sti yard which is a place in London where these Merchants or their Brotherhood had their thode And the House is said to be so called because bullt upon a Court-yard near the Thames where Steel was wont to be much sold Sub poena SUb poena is the name of a Writ made in divers Courts of Law and Equity viz. in Chancery and all other Courts to summon Witnesses and in that Court and in the Exchequer in Law and Equity and in the Common Pleas upon Informations qui tam c. to summon Defendants and in the Crown Office upon Informations Suffragan SUffragan is a word used in the Statut of 26 H. 8. cap. 14. and signifies a Titular Bishop appointed to aid and assist the Bishop of the Diocess in his Spiritual Function And he is called Suffraganeus in Latin because by his Suffrage Ecclesiastical Causes are to be adjudged Suggestion SUggestion is an Information drawn in Writing shewing cause to have a Prohibition which is left in Court and is mentioned in the Statute 2 E. 6. cap. 13. Sumage SUmage seems to be Toll for Carriage on Horseback Cro. Jurisd f. 191. Summons ad Warrantizandum c. SUmmons ad Warrantizandum and Sequatur sub suo periculo See of them after in the Title Voucher Supercargo ou Supracargo SUpercargo ou Supracargo is a Factor or Agent which goes with a Ship beyond the Seas by order of the Owner of the Wares therein and disposes thereof And the Master of the Ship is obliged to perform the Orders of such Factor or Supereargo Supersedeas SUpersedeas is a Writ that lies in divers cases as appears by F. N. B. f. 236. A. but it is always a command to stay some ordinary Proceedings in Law which ought otherwise to proceed Supplicavit SUpplicavit is a Writ issuing out of the Chaucery directed to the Sheriff and some Iustices of the Peace in the County or to one or more Iustices without the Sheriff for taking Surety of such a one as it is prayed against that he should keep the Peace and this is by the Statute of 1 E. 3. c. 16. See F. N. B. f. 80. C and see the Stat. 21 Jac. c. 8. Sur cui in vita SUr cui in vita is a Writ that lies for the Heir of an Inheritrix whose Husband aliened the Inheritance of his Wife and the Wife died before she recovered in a Cui in vita See for this F. N. B. 194. C. Surplusage SUrplusage comes of the French Surplus that is an Overplus and signifies in the Law an Addition of more then needs which sometimes is the cause that a Writ shall abate but in pleading many times it is absolutely void and the residue of the Plea shall stand good Surrejoynder SUrrejoynder is an Answer to the Defendants Rejoynder or a second inforcing of the Plaintiffs Declaration Surrender SUrrender is the Consent of a particular Tenant that he in the Reversion or the Remainder shall presently have the possession And this is either Surrender in Deed by an actual yielding up of the Estate or in Law by the taking of the new Lease or such other act See of this Perkins c. 9. Also it is an act done to the Lord of a Mannor or his Steward of a Copy-hold Estate or done by special Custom of some Mannors to two Copy-hold Tenants of Mannors which surrender ought to be presented at the next Court Baron Swainmote SWainmote or Swannimote is a Court held thrice in a year within a Forrest by the Statute of Charta de Foresta c. 8. for all the Free-holders of the Forrest for so much the Etymology of the word imports Mote in the Norman speech signifying a Court and Swain in the Saxon a Charterer or Free-holder so that Swannimore is the Court of the Free-holder See of this Manwoods Forrest Laws cap. 23. f. 217 c. at large Swainmote in this Court Presentments of Offences done to the Forrest or Game are made given into the Iustices in Eyre Syb Som. SYb Som i. Peace and Security L. L. Eccles. Canuti Regis c. 17. Symony SYmony is an unlawful Contract made to have a man presented to a Rectory or Vicarage which is prohibited by Stat. 31 Eliz. cap. 6. T. Fee-tail TO hold in the Tail is where a man holds certain Lands or Tenements to him and to his Heirs of his Body begotten If the Land be given to a man and to his Heires males and he hath Issue male he hath Fee-simple which was adjudged in Parliament But where Lands are given to a man and to his Heirs males of his body begotten then he hath Fee-tale and the issue Female shall not inherit as appears in the 14 year of E. 3. in an Assise 18 E. 3. 45. Fee-tail is where the Land is given to a Man and the Heirs of his Body begotten and he is called Tenant in Taile general If Lands are given to the Husband and Wife and the Heirs of their two Bodies begotten then the Husband and the Wife are Tenants in Tail especial And if one of them die he that survives is Tenant in Tail after possibility of issue extinct and if he make Waste he shall not be impeached for it See Littleton But if the King give Lands to a man to his Heires males and the Donee dies without issue male then the Cousin collateral of the Donee shall not inherit but the King shall re-enter and so it was adjudged in the Exchequer-chamber 18 H. 8. in an Information made against the Heir of Sir T. Lovel Knight Tail after possibility TO hold in the Tail after possibility of Issue extinct is where Land is given to a Man and his Wife and the Heirs of their two Bodies engendred and one of them overlives the other without issue between them begotten he shall hold the Land for term of his own life as Tenant in the Tail after possibility of Issue extinct and notwithstanding that he do Waste he shall never be Impeached of it And if he alien he in the Reversion shall not have a Writ of Entry in consimili casu
mayne An jour wast AN jour wast is a Forfeiture when a man hath committed petit Treason or Felony and hath Lands holders of some common person which shall be seised for the King and remain in his hands by the space of one year and a day next after the Attainder and then the Trees shall be pulled up the Houses razed and pulled down and the Pastures and Meadows eyred and plowed up unless he to whom the Lands should come by escheat or forfeiture redeem it of the King A thing the more to grieve the offendors and terrifie others to fall into the like in shewing how the Law doth detest the offence so farr forth as that it doth execute judgment and punishment even upon their dumb and dead things Aniente ANiente comes from the French Aneantir that is annihiliare for Aniente in our Law-language signifies as much as frustrated or made void and is used by Littleton in his 741. Section Annates ANates is a word used in the Statute of 25 Hen. 8. cap. 20. and seems to all one with First-fruits for so Pol. Virgil. de Inventione rerum lib. 8. cap. 2. says That Annatarum usus multo antiquior est quam recentiores quidam scriptores suspicantur Annatas more suo appellant primos fructus unius anni Sacerdotii vacantis aut dimidiam eorum partem Annua pensione ANnua pensione is a Writ by which the King having due unto him an annual Pension from any Abbot or Prior for any of his Chaplains which he will name who is not provided of a competent Living demands it of the said Abbot or Prior for one that is named in the same Writ until c. and also commands him for the better certainty of his Chaplain to give his Letters Patents to him for the same See Fitzherb Nat. Brē fol 231. where you may also see the names of all the Abbies and Priories which were bound to this in respect of their foundation or creation and also for the form of the Letters Patents usually granted upon such a Writ Annuity ANnuity is a certain Sum of money granted to another in Fee-simple Fee-tail for term of Life or for term of years to receive of the Grantor or of his Heirs so that no Free-hold is charged therewith whereof a man shall never have Assise nor other Action but a Writ of Annuity and it is no Assets to the Heir of the Grantee to whom it shall descend There are many differences between Annuities and Rents For every Rent is issuing out of Land but an Annuity is not but charges the person that is the Grantor or his Heirs which have Assets by descent if some special proviso be not to the contrary as Littl. Sect. 220. Also for an Annuity no Action lies but only a Writ of Annuity against the Grantor his Heirs or Successors and this Writ of Annuity never lies against the taker of the profits but only against the Grantor or his Heirs Whereas for a Rent the same Actions he against the Tenant of the Land and sometimes against him that is taker of the Rent that is against him that takes the Rent wrongfully Also au Annuity is not to be taken for Assets because it is not any Free-hold in Law And it shall not be put in Execution upon a Statute-Merchant or Statute-Staple or Elegit as a Rent may Doct. Stud. cap. 30. See Dyer fol 345. pla 2. Also an Annuity cannot be fevered Co. l. 8. fol. 52. b. according to the Verse there Let no Judge himself endeavour Annuities or Debts to sever Anoysance ANoysance is a word used in the Statute of 22 Hen. 8. cap. 5 and signifies no more than Nusance and therefore see Title Nusance Apostata capiendo APostata capiendo is a Writ directed to the Sheriff for the taking of the body of one who having entred into and professed some order of Religion leaves his said order and departs from his house and wanders in the country vpon a Certificate of this matter made by the Soveraign of the House in the Chancery and the praying of the said Writ he shall have it directed to the Sheriff for the apprehending of him and redelivery of him to the said Sovereign of the House or his lawful Attorney See the form of it in Fitz. Nat. Br. 233. c. Appeal APpeal is where one hath done a Murther Robbery or Maihem then the wife of him that is slain shall have an Action of Appeal against the Murtherer but if he have no wife then his next Heir-male shall have the Appeal at any time within a year and a day after the deed Also he that is so robbed or maimed shall have his Appeal and if the Defendant be acquitted he shall recover damages against the Appealer and the Abettors and they shall have the imprisonment of a year and shall make fine to the King An Appeal of Mathem is in manner but a Trespass for he shail only recover damages Appeals are commenced two ways either by Writ or by Bill By Writ when a Writ is purchased out of the Chancery by one man against another commanding him that he shall appeal a third man of some Felony or other offence by him committed and to find pledges that he shall do this with effect and this Writ is to be delivered to the Sheriff to be recorded Appeal by Bill is when a man of himself gives his accusation of another man in writing to the Sheriff or Coroner and takes upon himself the burthen of appealing him that is named in the said writing Appellant is the Plaintiff in the Appeal Appendant Appurtenant APpendant Appurtenant are things that by time of prescription have belonged appertained and are joyned to another principal thing by which they pass and go as accessary to the same special thing by virtue of these words Pertinentiis as Lands Advowsons Commons Piscaries Ways Courts and divers such like to a Mannor House Office or such others Apportionment APportionment is a dividing into parts a Rent which is dividable and not entire or whole and forasmuch as the thing out of which it was to be paid is separated and divided the Rent also shall be divided having respect to the parts As if a man have a Rent-Service issuing out of Land and he purchases parcel of the Land the Rent shall be apportioned according to the value of the Land So if a man hold his Land of another by Homage Fealty Escuage and certain Rent if the Lord of whom the Land is holden purchase parcel of the Land the Rent shall be apportioned And if a man let Lands for years reserving Rent and after a stranger recover part of the Land then the Rent shall be apportioned that is divided and the Lessee shall pay having respect to that which is recovered to that which yet remains in his hands according to the value But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land
by Service to pay to his Lord yearly at such a Feast an Horse an Hawk a Rose a Cherry or such like there if the Lord purchase parcel of the land this Service is gone absolutely because an Horse an Hawk a Rose a Cherry and such other cannot be divided or apportioned without damage to the whole In some cases Rent-charge shall be apportioned as if a man hath a Rent-charge issuing out of Land and his Father purchases parcel of the Lands charged in fee and dies and this parcel descends to his son who hath the Rent-charge there this charge shall be apportioned according to the value of the land because such portion of the Land purchased by the Father comes not to the son by his own act but by descent and course of Law Common appendant is of a common right and severable and although the Commoner in such case purchase parcel of the Land wherein the Common is appendant yet the Common shall be apportioned but in this case Common appurtenant and not appendant by such purchase is extinct Coke lib. 8. fol. 79. Appropriations APpropriations were when those Houses of Religion and those religious persons as Abbots Priors and such like had the Advowson of any Parsonage to them and their Successors and obtained licence of the Pope Ordinary and King that they themselves and their Successors from thenceforth should be Parsons there and that it should be from thanceforth a Vicarage and the Vicar should serve the Cure And so at the beginning Appropriations were made only to those persons Spiritual that could administer the Sacraments and say divine Service as Abbots Priors Deans and such like After by little and little they were enlarged and made to others as namely to a Dean and Chapter which is a Body corporate consssting of many which Body together could not say divine Service and which was more to Nuns that were Prioresses of some Nunnery which was a wicked thing in regard that they could neither administer Sacraments nor preach nor say divine Service to the Parishioners And all this was upon pretence of Hospitality and maintenance thereof And to supply these defects a Vicar was devised who should be Deputy to the Priors or to the Dean and Chapter and also at the last to the said Abbots and others to say divine Service and should have for his labour but a little portion and they to whom the Appropriations were made should retain the greater revenues and they did nothing for it by means whereof Hospitality decayed in the place where it ought to have been chiefly maintained namely in the Parish where the Benefice was and where the profits grew and so it continues to this day if not worse since not only Friers and Nuns but Lay-men and seculer women are possessed of them to the great hinderance of Learning impoverishment of the Ministry and infamy of the Gospel and professors thereof The Vicar shall have a certain portion of the Benefice and the Abbot and the Covent shall be Parsons and shall have the other profits This is called Appropriation and then the Abbot and Covent shall be Parsons emparsonees but such Appropriation may not be made to begin in the life of the Parson without his assent And after the Church was appropriated then was it an incident inseparable to the House of Religion to which it was so appropriated And therefore where the Lands of the Templars in England were given by the general words of an Act of Parliament of 17 E. 2. to the Hospitallers it was adjudged That the Hospitaliers by the said Act should not have the Appropriation for it was inseparably annexed to the Corporation of the Templars which thing consisting in an inseparable privity by the general words of an Act of Parliament shall not be transferred to others Coke lib. 7. fol. 13. a. But if such Advowsons of the Parsonage be recovered by ancient Title then the Appropriation is adnulled And it is called Appropriation for that they hold the profits to their own proper use Approvement APprovement is where a man hath Common in the Lords waste ground and the Lord incloses part of the Waste for himself leaving nevertheless sufficient Common with egress and regress for the Commâ—ners This inclosing is called Approvement See Reg. Jud. fol. 8 9. Approver APprover or Appellor is he who hath committed some Felony which he confesses and now appeals or approves that is accuses others who were Coadjuters or Helpers with him in doing the same or other Felonies which thing he will approve And this proof is to be either by Battel or by the Countrey at his election that appealed This accusation is often done defore the Coroner who either is assigned to the Felon by the Court to take and record that which he saith or is called by the Felon himself and required for the good of the Prince and Common wealth to record that which he shall say The Oath of the Approver when he begins the combate as also the Proclamation by the Heraulds appear in Crompt pag. ult If a man of good fame be appealed by an Approver by which he is taken and kept in prison yet he may have a Writ to be directed to the Sheriff commanding him to suffer the party appealed to be bailed by good Sureties But if a man appealed by an Approver be kept in prison and afterwards the Approver dies there he may sue a Writ directed to the Sheriff to suffer him to be bailed upon good Surety if he be not a notorious Felon although he be not of good fame Fitz. N. B. 250. d. The Kings Approvers THE Kings Approvers are those that have the letting of the Kings Demeans in small Mannors for the Kings greater advantage And for such Approvers you may read in the Stat. 2 E. 3. c. 12. that they were men s â— nt into divers Countries to increase the Farms of Hundreds and Wapentakes And you may see in the Statute made in 1 E. 3. c. 8. that the Sheriffs call themselves the Kings Approvers Arbitrement ARbitrement is an award Determination or Iudgement which one or more makes at the request of two parties at the least for and upon some Debt Trespass or other Controversie had between them And this is called in Latin Arbitratus and Arbitrium and they tha â— make the Award or Arbitrement are called Arbitri in English Arbitrators To every Arbitrement five things are incident sc Matter of Controversie Submission Parties to the Submission Arbitrors and giving up of the Arbitrement Dyer 217. pl. 62. If the Arbitrement be made that the one party shall go quit of all Actions which the other hath against him and nothing is said of the Actions which he hath against the other this Arbitrement is void because it was made of the one part and not of the other 7 H. 6. ca. 40. When a Submission to an Arbitrement is general of all Actions c. and the Arbitrator makes an Award only of one