Cosoning and New Book of Entries verbo Disceit Decenna and Decenniers See Deciners Decennary Decennaria The Limits or Compass of ten Friburghs See Deciners Deceptione Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another Fitz. Nat. Br. fol. 95. And is either Original or Judicial as appears by Old Nat. Br. fol. 50. where you may read the use of both to this effect This Writ of Deceit when it is Original lies where deceit is used to a Man by another by not sufficiently performing a Bargain or Promise or by using some Guile whereby he may be disinherited or evil intreated c. And when Judicial it lies out of the Rolls of Record as in the Case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff returns the Writ served whereas the Party was not warned whereby he that sues the scire facias recovers then the Party who ought to have been warned shall have the said Writ against the Sheriff See Reg. of Writs fol. 112. and Reg. Judicial in the Table verbo Deceptione Decies tantum Is a Writ that lies against a Juror who hath taken Money for giving his Verdict called so of the effect because it is to recover ten times so much as he took It lies also against Embracers that procure such an Enquest Anno 38 Ed. 3. ca. 13. Reg. of Writs fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries verbo Decies tantum Decimation Decimatio the punishing every tenth Souldier by Lot was termed Decimatio Legionis Also a tithing or paying the tenth part What Decimation was in the late Usurpers time 1655 is still in the Memory of many good Subjects of this Realm See Tenths Decimis solbendis pro possessionibus alienigenarum Is a Writ or Letters Patent yet extant in the Register which lay against those that had farmed the Priors aliens Lands of the King for the Rector of the Parish to recover his Tyth of them Reg. of Writs fol. 179. Deciners alias Decenniers alias Doziners Decenarii Decearchi Signifie in the Ancient Monuments of our Law such as were wont to have the oversight and check of the Friburghs for Maintenance of the Kings Peace And the limits or compass of their Jurisdiction was call'd Decenna Bracton lib. 3. Tract 2. ca. 15. of whom you may also read Fleta lib. 1. ca. 27. And Reg. of Writs fol. 98. b. These seemed to have large Authority in the Saxons time taking knowledge of Causes within their Circuit and redressing Wrongs by way of Judgment and compelling Men thereunto as you may read in the Lawes of K. Edward the Confessor published by Lambert Numb 32. In later times I find mention of them as in Britton ca. 12. who sayes in the Kings Person for so he Writes his whole Book We will that all those who are 14 years old shall make Oath That they shall be sufficient and loyal to Us and neither be Felons nor assenting to Felons And We will That all Profess themselves to be of this or that Dozein and make or offer Surety of their Behaviour by these or those Doziners except Religious Persons Clerks Knights eldest Sons and Women Yet the same Author in his 29th Chap. sayes all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn except Earles Prelates Barons Religious persons and Women Stamf. Pl. Cor. fol. 37. has these words The like Law is where the Dozeniers make Presentment that a Felon is taken for Felony and delivered to the Sheriff c. And Kitchin fol. 33. thus Religious persons Clerks Knights or Women shall not be Deceniers A Dozein seems now to extend so far as every Leet extends because in Leets onely this Oath is Ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the Precinct of the Leet where they are sworn Fitz. Nat. Br. fol. 261. a. The particulars of this Oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. who sets down fifteen years for the age of those that are to be sworn to the Kings Peace but afterwards names twelve years See Inlaugh We may note out of the Premisses a diversity between the ancient and these modern times in this Point of Law and Government as well in the age of those who are to be sworn as also that Decennier is not now used for the chief Man of a Dozein but for him that is sworn to the Kings Peace and lastly That now there are no other Dozeins but Leets and that no Man ordinarily gives other security for keeping the Kings Peace but his own Oath and that therefore no Man answers for anothers transgression but every Man for himself See Frank-pledge and 2 Part. Inst fol 73. Declaration Declaratio Is properly the shewing forth or laying down in writing the Cause of Action in any sute at Law wherein the party supposes to have wrong This in an Action Real is properly called a Count which ought to contain Demonstration Declaration and Conclusion In Demonstration are contained three things viz. Who complains against whom and for what matter In the Declaration there ought to be comprised how and in what manner the Action rose between the parties when what day year and place and to whom the Action shall be given And in the Conclusion he ought to aver and proffer to prove his sute and shew the damage he hath sustained by the wrong done him Terms de la Ley. Decretals Decretales Are a Volume of the Canon Law so called or Books containing the Decrees of sundry Popes or a Digestion of the Canons of all the Councils that pertained to one Matter under one Head Dedi as if it be said in a Feoffment I. S. hath Given granted c. It is a Warranty in Law to the Feoffee and his Heirs Coke on Littl. fol. 384. a. Dedimus Potestatem i. We have given power Is a Writ whereby Commission is given to one or more private persons for the speeding of some Act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party who is to do something before a Judge or in a Court is so weak he cannot travel It is used in divers Cases as to take a Personal Answer to a Bill of Complaint in Chancery to examine witnesses in a Cause depending in that Court to levy a Fine c. West part 2. Symbol tit Fines sect 112. and divers other as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs verbo Dedimus Potestatem Déed Factum Is an Instrument written in Parchment or Paper consisting of three things viz. Writing Sealing and Delivery and comprehending a Contract or Bargain between party and party Of which there are two sorts Deeds Indented and Deeds
Mixta quae dicitur Actio Hirciscundae locum habet inter eos qni communem habent haereditatem c. See Coke on Littl. fol. 262. b. Action is also according to the Form of the Writ divided into such as are conceived to recover either the simple value of the thing chalenged or the double trebble or quadruple As a Decies tantum lies against Embracers Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both parties And to be short any other Action upon a Statute that punishes any offence by Restitution or Fine proportionable to the Transgression Action is Pre-judicial otherwise termed Preparatory or else Principal Pre-judicial is that which grows from some question or doubt in the Principal As if a Man sue his younger Brother for Land descended from his Father and it is objected he is a Bastard Bracton lib 3. cap. 4. Numb 6. This point of Bastardy must be tryed before the cause can further proceed and therefore is termed Pre-judicialis quia prius judicanda Action is either Ancestrel or Personal Stamf. Pl. Cor. 59. Ancestrel seems to be that which we have by some right descending from our Ancestor and Personal which has beginning in and from our selves There is also Action Ancestrel Droiturel and Action Ancestrel Possessary which see in Cokes 2 Inst fol. 291. Action upon the Case actio super casum is a general Action given for redress of wrongs done to any Man without force and by Law not especially provided for and is now most in use For where you have any occasion of Suite that neither has a fit name nor certain Form already prescribed there the Clerks of the Chancery in ancient time conceived a sit Form of Action for the thing in question which the Civilians call Actionem in Factum and we Action upon the Case Action upon the Statute actio super Statutum is an Action brought against a Man upon an offence against a Statute whereby an Action is given and lay not before As where one commits Perjury to the prejudice of another he who is endamaged shall have a Writ upon the Statute and his Cause And the difference between an Action upon the Statute and Action Popular is Where the Statute gives the Suite or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where Authority is given by the Statute to every one that will so sue that is termed Action Popular Action is Perpetual or Temporal Perpetua vel Temporalis and that is called Perpetual whose force is by no time determined Of which sort were all Civil Actions among the Ancient Romans viz. Such as grew from Laws Decrees of the Senate or Constitutions of the Emperors whereas Actions granted by the Pretor died within the year So we have in England Perpetual and Temporary Actions and I think all may be called Perpetual that are not expresly limited As divers Statutes give Actions so they be pursued within the time by them prescribed namely the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed and no longer And the Statute of 7 Hen. 8. cap. 3. doth the like for four years and that of 31 Eliz. cap. 5. for one year and no more But as by the Civil Law no Actions were at the last so perpetual but that by time they might be prescribed against So in our Law though Actions may be called Perpetual in comparison of those that are expresly limited by Statute yet is there a means to prescribe against Real Actions after five years by a Fine levied or a Recovery suffered as you may see in the words Fine Recovery and Limitation of Assize Action of a Writ is a term used when one pleads some matter by which he shews the Plaintiff had no cause to have the Writ he brought yet it may be he might have another Writ or Action for the same matter Such a Plea is called A Plea to the Action of the Writ Whereas if by the Plea it should appear That the Plaintiff has no cause to have an Action for the thing demanded then it is called A Plea to the Action Cowel Acts of Parliament are Positive Laws which consist of two parts viz. Of the words of the Act and the sence of it and they both joyned together make the Law Acton-Burnel a Statute so called made 13 Edw 1. An. 1285. Ordaining the Statute Merchant for Recovery of Debts and was so termed because made at Acton-Burnel a Castle anciently of the Burnels afterward of the Lovels in Shropshire Actuary actuarius is the Scribe that Registers the Acts and Constitutions of the Convocation Addition additio signifies A Title given to a Man over and above his Christian and Sirname shewing his Estate Degree Mystery Trade Place of dwelling c. Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are those we call names of Dignity as Knight Lord Earl Marquess and Duke Additions of Mystery are Scrivener Painter Mason c. Addition of Town as Dale Thorp and such like And where a Man hath houshold in two places he shall be said to dwell in both of them so that his Addition in either may suffice By the Statute of 1 Hen 5. cap. 5. It was ordained That in Suits or Actions where Proces of Outlary lies such Additions should be to the name of the Defendant to shew his Estate Mystery and place where he dwells and that the Writs not having such Additions shall abate if the Defendant take exception thereto but not by the Office of the Court. And this was ordained to the intent that one Man might not be vexed or troubled by the Outlary of another but by reason of the certain Addition every person may bear his own burden See 2 Part. Institut fol. 595. 666. And the Statute 27 Eliz. cap. 7. Addoubors See Redoubors Adeling or Ethling from the Sax. Æðelan i. nobilis Was a Title of Honor among the Angles properly appertaining to the Successor of the Crown For King Edward being himself without issue and intending to make Eadgar to whom he was great Uncle by the Mothers side his heir to this Kingdom called him Adeling Hoveden parte poster Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept cap. ante-penult See more of this word in Spelmans Glossarium Adjournment from the Fr. adjournement Is when any Court is dissolved for the present or put off and assigned to be kept again at another day or place Adjournment in Eyre Anno 25 Edw. 3. Statute of Purveyers cap. 18. Is an appointment of a day when the Justices in Eyre mean to sit again And in 2 Edw. 3. cap. 11. Adjournment has the like signification See Prorogue Adjudication adjudicatio A giving by Judgment a Sentence or Decree An. 16 17 Car. 2. cap. 10. Ad inquirendum is a Writ
Incarnation of our Lord JESUS and is used in publick writings sometimes with and sometimes without the year of the Kings reign As the Romans made their computation from the Building of the City Rome and the Grecians by Olympiads So Christians in remembrance of the happy Incarnation of our Saviour reckon their time from thence The day of the Moneth the Year of our Lord and Saviour Christ and the Year of the Kings reign are the usual Dates of Deeds Cokes 2 Inst fol. 675. Annuity annuus redditus Signifies a Yearly Rent to be paid for term of Life or Years or in Fee and is also used for the Writ that lies against a Man for recovery of such a Rent Register of Writs fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise defined to be a certain sum of Money granted to another in Fee-simple Fee-tail for Life or Years to receive of the Grantor or his Heirs so that no Free-hold be charged therewith whereof a man shall never have Assize or other Action but a Writ of Annuity Doctor and Student Dial. 1. cap. 3. Shews several differences between a Rent and an Annuity whereof the first is That every Rent be it Rent-charge Rent-service or Rent-seek is issuing out of Land but an Annuity chargeth the person onely that is to say The Grantor or his Heirs that have Assets by descent The second is That for the recovery of an Annuity no Action lies but onely the Writ of Annuity against the Grantor his Heirs or Successors but of a Rent the same Actions lie as do of Land as the Case requires The third difference is That an Annuity is never taken for Assets because it is no Free-hold in Law nor shall it be put in Execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. numb 2. Coke on Littl. fol. 144. b. Anoisance alias Nusance Fr. Nuisance i. Hurt or Offence Hath a double signification being used as well for any hurt done either to a publick place as High-way Bridge or Common River or to a private by laying any thing that may breed infection by incroaching or such like means As also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoisance I finde Anno 22 Hen. 8. cap. 5. Ansel weight See Aunsel Apostata capiendo Is a Writ now out of use that lay against one who having entred and professed some Order of Religion brake out again and wandered the Countrey contrary to the Rules of his Order The form whereof with other circumstances you shall finde in the Register of Writs fol. 71. 267. And Fitz. Nat. Br. fol. 233. Apparator Anno 21 Hen. 8. cap. 5 A Messenger that cites offenders to appear in the Spiritual Court and serves the Process thereof Apparlement of the Fr. pareillement i. likewise or in like manner Signifies a resemblance or likelihood as Apparlement of War mentioned in our Statutes Appeal Fr. Appel Is as much as accusatio with the Civilians For as in the Civil Law Cognizance of Criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon Indictment or Appeal Indictment comprehending both Inquisition and Denunciation and Accusation or Appeal is a lawful Declaration of another Mans crime which by Bracton must be Felony at least before a competent Judge by one that sets his name to the Declaration and undertakes to prove it upon the penalty that may ensue of the contrary For the whole course of an Appeal I must refer you to Bracton lib. 3. tract 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton cap. 22 25. And to Stamf. Pl. Coron lib. 2. cap. 6 7 c. An Appeal is commenced two ways either by Writ or by Bill Appeal by Writ is when a Writ is purchased out of the Chancery by one to another to this end that he Appeal a third of some Felony committed by him finding Pledges that he shall do it and deliver this Writ to the Sheriff to be recorded Appeal by Bill is when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner offering to undergo the burden of Appealing the person therein named This point of our Law among others is drawn from the Normans which appears plainly by the Grand Customary cap. 68. Where there is set down a solemn discourse both of the effects of this Appeal viz. The Order of the Combat and of the Tryal by Inquest which by our Law is in the choice of the Defendant See New Book of Entries verbo Appel Book of Assizes fol. 78. And 3 Part. Inst fol. 131. Appeal of Maihem Is an accusing of one that hath maimed another But that being no Felony the Appeal thereof is but in a manner an Action of Trespass because there is nothing recorded but damages Bracton calls this Appellum de Plagiis Mahemio and writes a whole Chapter of it Lib. 3. Tract 2. cap. 24. See Coke Vol. 4. fol. 43. a. In King Johns time there is recorded an Appeal against a Jew Qui fecit ementulari quendam nepotem suum Appeal of wrong Imprisonment Is used by Bracton for an Action of wrong Imprisonment Lib. 3. Tract 2. cap. 25. Appeal from Appello to call because Appellans vocat reum in judicium Coke on Littl. lib. 2. cap. 11. Is divers times used in our Common Law as in the Civil which is for a removing of a Cause from an Inferior Judge to a Superior As Appeal to Rome Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar But more commonly for the private accusation of a Murderer by a Person who had interest in the party murdered or of any Felon by one of his Complices in the Fact See Approver and see Coke on Littl. fol. 287. b. Appellor or Appealor Is he who hath committed some Felony which he confesses and now Appeals that is Accuses others who were complices with him And those that are so appealed are called Appealees Anno 28 Edw. 1. See Approver Appendant appendens Is an Inheritance belonging to another that is more worthy as Accessorium principali with the Civilians or Adjunctum subjecto with the Logicians An Hospital may be Appendant to a Mannor Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold Westm 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription See Coke on Littl. fol. 121. b. Appennage or Apennage Fr. The portion of the Kings younger Children in France a Childes part They have in France a Fundamental Law which they call the Law of Apennages whereby the Kings younger Sons have Dutchies Counties or Baronies granted unto them and their Heirs or Heirs-males of their Bodies the Reversion reserved to the Crown and all Matters of Regality as Coynage Levying Taxes and the like It is derived Ab appendendo or from the German word Avanage which signifies a
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Tenement I do thereby foregoe or quit the Possession and if I condition with the Lessee that for non-payment of the Rent at the day it shall be lawful for me to re-enter this is as much as if I conditioned to take again the Land into my own hands and to recover the possession by my own fact without the assistance of Judge or Process Reer-County See Rier County Re-extent Is a second Extent made upon Lands or Tenements upon complaint made that the former Extent was partially executed Brook tit Extents fo 313. Regal fishes Anno 1 Eliz. ca. 5. Are Whales and Sturgeons some add Porpusses The King by His Prerogative ought to have every Whale cast on shore or Wrecked in all places within this Realm unless granted to Subjects by special words as a Royal-fish The King himself shall have the Head and Body to make Oyl and other things and the Queen the Tail to make Whalebones for her Royal Vestments Pat. 1 Edw. 1. m. 25. dorso See Tract de Auro Reginae pa. 127. Regalia Anno 13 Eliz. ca. 16. Dicuntur jura omnia ad fiscum spectantia The Rights of a King which the Civilians say are six 1. Power of Judicature 2. Power of Life and Death 3. All kind of Arming 4. Masterless Goods 5. Assessments 6. And the value of Money See Royalties Also the Crown Scepter with the Cross Scepter with the Dove St. Edwards Staff four several Swords the Globe the Orbe with the Cross and other such like used at the Coronation of our Kings are called Regalia See the Relation of the Coronation of King Charles the Second in Bakers Chron. Regalis Justicia Item praefati Barones sc Quinque Portuum habere debent ut asserunt per Chartam suam Regalem Justiciam in villa Gernemuth tempore Feriae una cum Balivo seu Praeposito villae praedictae viz. Cognitionem Assisae panis ulnarum ponderum alidrum mensurarum similiter voide Strand Denne secundum consuetudines suas usitataâ— c. Rot. Parl. 8 Ed. 2. Nu. 262. Regardant Villain regardant was called regardant to the Mannor because he had the charge to do all base villanous services within the same and to see the same freed of all filthy and loathsome things that might annoy it Coke on Litt. fo 120. This word is onely applyed to a Villain or Neif yet in old Books it was sometimes apply'd to Services ibid. Regard Regardum Rewardum from the Fr. Regard i. Aspectus respectus though it has a well-known general signification of any care or respect yet a special also wherein 't is used onely in matters of the Forest and there two wayes one for the Office of the Regarder the other for the compass of ground belonging to the Regarders charge Cromp. Jurisd fo 175. 199. Touching the former thus Manwood The Eyre general Sessions of the Forest or Justice seat is to be kept every third year and of necessity the Regarders of the Forest must first make their Regard which must be done by the Kings Writ And the Regarder is to go through the whole Forest and every Bailywic to see and enquire of the Trespasses therein ad videndum ad inquirendum ad imbreviandum ad certificandum c. Part 1. Pa. 194 198. Touching the second the compass of the Regarders charge is the whole Forest that is all that ground which is parcel of the Forest for there may be Woods within the limits of the Forest which are no part thereof and those are without the Regard Manwood Part 2. ca. 7. num 4. Anno 20 Car. 2. ca. 3. HEnricus Rex Anglorum omnibus Forestariis suis de Glocestershire salutem Sciatis me concessisse praesenti carta confirmasse Ecclesiae S. Jacobi de Bristowa in qua sepultus est Robertus Comes Glocestriae avunculus meus Monachis ibidem Deo servientibus pro salute mea pro anima ipsius Comitis quod terra ipsius Ecclesia Monachorum in ea Deo servientium de Cisseleia boscus ejusdem terrae sint quieta de Rewardo decimationis exigentia pro Essartis Et prohibeo ne inter Assarta amodo computetur Teste Roberto Episcopo Winton Regarder Regardator Fr. Regardeur i. Spectator Is an Officer of the Kings Forest who is sworn to make the Regard of it as has been used in ancient time and to view and enquire of all offences of the Forest as well of Vert as of Venison and of all concealments of any offences or defaults of the Foresters and all other Officers of the Kings Forest concerning the Execution of their Offices c. More particulars of the Regarders Office how he is chosen and the form of his Oath see in Manwood par 1. pag. 188. 195. 207. Cromp. Juris fol. 153. Regio Assensu Is a Writ whereby the King gives His Royal Assent to the Election of a Bishop or Abbot Reg. of Writs fol. 294. b. Registry Registrum from the old Fr. Gister i. In lecto reponere suo loco constituere Signifies the Office Books and Rolls wherein the proceedings of the Chancery or any Spiritual Court are recorded The Writer and Keeper whereof is called the Register in Latin Registrarius Register is also the name of a Book wherein are expressed most of the Forms of Writs used at the Common Law called the Register of the Chancery of which thus Spelman Codex dicitur quo Brevia Regia tam originalia quam judicialia formularum inscribuntur Hujus Codicis me minit Westm 2. cap. 24. 25. This Register is one of the most ancient Books of the Common Law according to Coke on Littl. fol. 159. Register of the Parish Church Registrum Ecclesiae Parochialis Is that wherein Baptisms Marriages and Burials are in each Parish overy year orderly Registred Which was laudably instituted by the Lord Cromwel in September Anno 1538. While he was Viccar-General to King Henry the Eight Regius Professor Anno 12 Car. 2. ca. 17. Henry the Eight founded Five Lectures in each University viz. Of Divinity Hebrew Greek Law and Physick the Readers of which Lectures are called in the University Statutes Regii Professores Regrator Regratarius Fr. Regrateur Did anciently signifie such as bought by great and sold by retail Anno 27 Edw. 3. stat 1. cap. 3. But now it signifies him that buys and sells any Wares or Victuals in the same Market or Fair or within four miles thereof Anno 5 Edw. 6. cap. 14. 13 Eliz. 25. In the Civil Law he is called Dardanarius a Dardano quodam hujus sceleris authore In ancient time both the Ingrosser and Regrator were comprehended under the word Forestaller 3 Inst 195. Rehabere facias seisinam quando Uicecomes liberabit seisinam de majore parte quam deberet Is a Writ Judicial Reg. of Writs Judic fol. 13. 51. There is another Writ of this Name and Nature fol. 54. Rehabilitation Anno 25 Hen. 8. cap. 21. Is one of those
signifies a Forfeiture or an Amerciament and is much transformed in the writing since more probably it should be Mishersing Mishering or Miskering according to the Learned Spelman It seems by some Authors to signifie a Freedom or Liberty because he that has this word in any Charter or Grant has not onely the Forfeitures and Amerciaments of all others for transgressions within his Fee but also is himself free from all such control by any within that compass Abjuration abjuratio a forswearing or renouncing by Oath a sworn banishment or an Oath taken to forsake the Realm for ever For as Stamford Pl. Cor. lib. 2. cap. 40. saith The devotion towards the Church first in Edward the Confessors time and afterward till 22 Hen. 8. was so zealous That if a man having committed Felony could recover a Church or Churchyard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their coming or to the Coroner and before them or him give his oath finally to forsake the Realm The form and effect whereof you may read in De Officis Coronatorum and in Horns Mirror of Justices lib. 1. cap. Del Office de Coroner Quando aliquis abjuravit regnum Cruoc ei liberata fuit in manu sua portanda in itinere suo per semitas regias vocabitur vexillum sanctae Ecclesiae Essex Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary wherein upon abjuration of his liberty and free habitations he would chuse to spend hs life as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That hereafter no Sanctuary or Priviledge of Sanctuary shall be allowed and consequently Abjuration is taken away 2 Instit fol. 629. See Sanctuary Abolition Anno 25 Hen. 8. cap. 21. A destroying or putting out of memory Institutae actionis peremptio The leave given by the King or Judges to a criminal accuser to desist from further prosecution Abridge from the Fr. Abreger to make shorter in words holding still the whole substance But in Law it seems to signifie for the most part the making a Declaration or Count shorter by substracting or severing some of its substance For example a Man is said to abridge his Plaint in an Assize or a Woman her Demand in an Action of Dower that hath put into the Plaint or Demand any Land not in the Tenure of the Tenant or Defendant and if the Tenant pleads Non-tenure or such-like Plea to parcel of the Land demanded in Abatement of the Writ the Demandant may abridge his Plaint or Demand to that patcel that is he may leave out that part and pray the Tenant may answer the rest to which he has not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but they run in general And though the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Brook tit Abridgment An. 21 H. 8. cap. 3. Abridgment of a Plaint See Abridge Abrogate abrogo to disannul take away or repeal as to abrogate a Law i. To lay aside or repeal it Anno 5 6 Edw. 6. cap. 3. See Prorogue Absentees or des Absentees was a Parliament so called held at Dublin 10 May 28 H. 8. And mentioned in Letters Patent Dat. 29 H. 8. See Cokes 4 Inst fol. 354. Abuttals See Abbuttals Accedas ad Curiam Lat. is a Writ that lies for him who has received false Judgment or fears partiality in a Court Baron or Hundred Court being directed to the Sheriff as appears by Dyer fol. 169. numb 20. As the Writ De falso judicio lies for him that has received such Judgment in the County Court the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register fol. 9. b. where it is said this Writ lies for Justice delayed as well as falsly given and that it is a Species of the Writ Recordare Accedas ad Uicecomitem is a Writ directed to the Coroner commanding him to deliver a Writ to the Sheriff who having a Pone delivered him doth suppress it Reg. of Writs fol. 83. Acceptance acceptatio is a taking in good part and a tacite kinde of agreeing to some former Act done by another which might have been undone or avoided if such Acceptance had not been For example if Baron and Feme seized of Land in right of the Feme make a joynt Lease or Feoffment by Deed reserving Rent the Baron dies the Feme accepts or receives the Rent By this the Feoffment or Lease is made good and shall bar her to bring the Writ Cui in vita Coke on Littl. fol. 211. b. Accessory or Accessary particeps criminis most commonly signifies one that is guilty of a felonious offence not principally but by participation as by command advice or concealment and is of two sorts 1. Before the offence or fact is he that commands or procures another to commit Felony and is not himself present but if he be then he is also a Principal 2. After the offence is he that receives assists or comforts any man that has done any Murder or Felony whereof he hath knowledge He who counsels or commands any evil shall be judged accessary to all that follows upon it but not to another distinct thing As I command one to beat another and he beats him so that the other dies of it I shall be accessary to this murder But if I command one to steal a White Horse and he steals a Black one or to burn such a House which he well knows and he burns another I shall not be accessary If I command one to kill I. S. in the Field and he kills him in the City or Church or to kill him at such a day and he kill him on another I shall be accessary nothwithstanding For the killing is the substance and the day place or weapon is but circumstance But if I command one to kill I. S. and before he hath killed him I come and say I am penitent for my malice and charge him not to kill him and yet he kills him I shall not be accessary Where the Principal is pardoned or hath his Clergy the Accessary cannot be arraigned there being a Maxim in the Law Ubi non est principalis non potest esse accessorius For it appears not by the Judgment of Law that he was Principal but if the Principal after Attainder be pardoned or hath his Clergy allowed him there the Accessary shall be arraigned See Sir Edward Cokes 2 Part Institutes fol. 183. In the lowest and highest offences there are no Accessaries but all are Principals as in Riots forcible Entries and other transgressions Vi armis which are the lowest offences So in the highest offence which is crimen laesae Majestatis there are no Accessaries but in Felony there are
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
19 Hen. 7. cap. 20. Afforest afforestare To turn Ground into Forest Charta de Foresta cap. 1. Anno 9 Hen. 3. See more in Forest Affray of the Fr. affros i. A fright Signifies a skirmish or fighting between two or more Lamb. in his Eirenarcha lib. 2. cap. 3. saith It is ofttimes confounded with Assault but they differ in this That an Assault is onely a wrong to the party an Affray is a common wrong And therefore both are enquirable and punishable in a Leet An Affray may also be without word or blow given As if a Man shew himself furnished with Armor or Weapons not usually worn it may strike a fear into others unarmed And so it is used An. 2 Edw. 3. cap. 3. Affri vel Affra Bullocks or Plough-Beasts Vicecomes liberet ei omnia catalla debitoris exceptis bobus Affris carucae Westm 2. cap. 18. And in Northumberland to this day they call a dull or slow Horse a False aver or Afâ—r Spelm. From whence also may come the word Heyfer for a young Cow Age aetas Fr. aage Signifies that part of Mans life which is from his birth to this or his last day But in Law it is particulary used for those especial times which enable Men or Women to do that which before for want of Age and consequently of Judgment they might not do These in a Man are two at Fourteen years he is at the Age of Discretion Twenty one years is his full Age. Littleton lib. 2. cap. 4. In a Woman there were six Ages observed First at Seven years of Age her Father might of old Distrain the Tenants of his Mannor for Aid to marry her For at those years she may consent to Matrimony Bracton lib. 2. cap. 36. numb 3. Secondly At nine years old she is Dowable for then or within half a year after she is able Promereri dotem virum sustinere Fleta lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years Thirdly At Twelve years she is able finally to ratifie and confirm her former consent to Matrimony Fourthly At Fourteen she is enabled to receive her Lands into her own hands and should be out of Ward if she were of this Age at her Ancestors death Fifthly At Sixteen years she should be out of Ward though at the death of her Ancestor she was under Fourteen The reason is Because then she might take a Husband able to perform Knights service Sixthly At Twenty one years she is able to alienate her Lands and Tenements Also at the Age of Fourteen a Man is enabled to chuse his own Guardian and to claim his Land holden in Soccage Dyer fol. 162. Which Bracton Lib. 2. limits at Fifteen years with whom Glanvile also agrees And at Fourteen a Man may consent to Marriage as a Woman at Twelve At the Age of Fifteen years a Man ought to be sworn to keep the Peace An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight that had Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage his estate which until that time he cannot do with security of those that deal with him The Age of Twelve years binds to appearance before the Sheriffs and Coroner for enquiry after Robberies Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Order of Religion without consent of Parents Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b. Age Prier aetatem precari or aetatis precatio Is a Petition or Motion made in Court by one in his minority having an Action brought against him for Lands coming to him by descent that the Action may rest till he come to full age which the Court in most Cases ought to grant This is otherwise in the Civil Law which enforceth Children in their minority to answer by their Tutors or Curators Agenhine See Hoghenhine Agent and Patient Is when one is the doer of a thing and the party to whom it is done As where a Woman endows herself of the fairest possession of her Husband Agist from the Fr. giste i. A Bed or Resting-place or from gister i. stabulari Signifies to take in and feed the Cattle of Strangers in the Kings Forest and to gather the Money due for the same Charta de Foresta cap. 9. The Officers that do this are called Agistors in English Guest or Gist-takers Crom. Jurisd fol. 146. These are made by the Kings Letters Patent and he hath four of them in every Forest where he has any Pawnage In what their Office consists see Manwood Part 1. Of Forest Laws p. 336. Their Function is termed Agistment as Agistment upon the Sea Banks Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground at a certain rate per week See 4 Part. Instit fol. 293. Agreement Agreamentum Plowden fol. 17. Is a joyning or putting together of two or more Mindes in any thing done or to be done and this is in three manners 1. An Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths which saith That the Goods bought by Forestallers being thereof attainted shall be forfeit to the King if the Buyer thereof have made Gree with the Seller where the word Gree which is otherwise called Agreement Executed signifies Payment for the things or Satisfaction The second is where one does an Act and another agrees or assents thereunto afterwards The third is when both parties at one time are agreed that such a thing shall be done in time to come which is Executory in regard the thing is to be done afterwards Aid auxilium Is all one in signification with the French aide and differs onely in pronunciation if we take it as it is used in our vulgar language But in our Laws it hath divers particular significations as sometimes it signifies a Subsidy An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Tenants to their Lords as toward the Relief due to the Lord Paramount Glanvile lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants for Knighting his eldest son at the age of fifteen years or marrying his daughter at seven Register of Writs fol. 87. a. And that at what rate themselves listed But the Statute of Westm 1. An. 3 Edw. 1. ordained a Restraint herein upon common persons being Lords and tied them to a constant rate And 25 Edw 3. Stat. 5. cap. 11. Provides that the rate set down by the former Statute should hold in the King
figillo meo munitâ confirmavi Hi is testibus Ade Salvag Walt. de novo Menul c. Sine dat Penes Tho. Bridgwater Gen. Assault assultus Is a violent kinde of injury offered to a Mans person of a higher nature then Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib 1. cap. 3. As to rebuke a Collector with foul words so that he departed for fear without doing his Office was taken for an Assault To strike at a Man though he were neither hurt nor hit with the blow was adjudged the like 22 Lib. Ass Plea 60. For Assault does not always necessarily imply a hitting or blow because in Trespass for Assault and Battery a Man may be found guilty of the Assault and excused of the Battery 25 Edw. 3. cap. 24. The Feudists define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de Feud pag. 10. num 38. Assach or Assath An. 1 H. 5. cap. 6. Was a strange kinde of Purgation used of old in Wales by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales and is now abrogated Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clark of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assaier of the King Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in prasentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen. 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate Anno 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is called Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign â—false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assizes And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Depty is he that does it in the right of another Assise of mort d'auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. F. Nat. Br. fol. 114. Register of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have presented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used see Bracton lib. 4. tract 2. Register of Writs fol. 30. F. Nat Br. fol. 195. Assise de utrum assisa utrum Lies for a Parson against a Lay-man of a Lay-man against a Parson for Land or Tenement doubtful Whether it be Lay-fee or Free-alms And of this sâ—c Bracton lib. 4. tract 5. cap 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation
Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in praesentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regiis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate An. 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors Debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br. fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assises And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Deputy is he that does it in the right of another Assise is derived from the French Assis i. assessum locatum definitum and is diversly used Littleton Cha. Rents says it is Aequivocum and sets down three significations of it One as it is taken for a Writ another as it is used for a Jury the third for an Ordinance i. Assise is a Writ dirâ—cted to the Sheriff for Recovery of Possession of things immoveable whereof your self or Ancestors have been disseised and this is as well of things corporal as incorporeal Rights being of four sorts viz. Assise of Novel Disseisin Assisa novae Disseisinae Lies where a Tenant in Fee-simple Fee-tail or for Life is lately disseised of his Lands or Tenements Rent-service Rent-seck or Rent-charge Common of Pasture c. and divers other such like of which you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. Britton cap. 70. Reg. of Writs fol. 197. Fitz. Nat. Br. fol. 177. Westm 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added the Bill of Fresh force which is directed to the Officers or Magistrates of Cities or Towns-corporate being a kinde of Assise for Recovery of Possession in such places within forty days after the force as the ordinary Assise is in the County Fitz. Nat. Br. fol. 7. Assise of Mort d'Auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have prsented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used See Bracton lib. 4. tract 2. Register of Writs fol. 30. Fitz. Nat. Br. fol. 195. Assise de utrum Assisa utrum Lies for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tencment doubtful Whether it be Lay-fee or Free-alms And of this see Bracton lib. 4. tract 5. cap. 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation except they be tried in the standing Courts at Westminster as appears by Fitz. Nat. Br. fol. 177. d e. Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also
Sylvestres Are the Hart Hind Hare Bore and Woolf. Manwood part 2. cap. 4. num 1. Beasts and Fowls of Warren Are the Hare Coney Pheasant and Partridge Manw. part 2. cap. 4. num 3. Beastials See Bestials Beau-pleader Fr. Beau-plaider i. To plead fairly Is a Writ upon the Statute of Marlbridge 52 Hen. 3. cap. 11. whereby it is provided That neither in the Circuit of Justices nor in Counties Hundreds nor Courts Baron any Fines shall be taken of any Man for Fair pleading that is for not pleading fairly or aptly to the purpose upon which Statute This Writ was ordained against those that violate the Law herein See Fitz. Nat. Br. fol. 270. whose Definition is to this effect The Writ upon the Statute of Marlbridge for not Fair Pleading lies where the Sheriff or other Bailiff in his Court takes Fine of the Party Plaintiff or Defendant for that he pleads not fairly c. And it was as well in respect of the Vicious Pleading as of the Fair Pleading by way of amendment 2 Part. Inst fol. 122. Bedel Bedellus Sax. bydel A Cryer or Messenger of a Court the Keeper of a Prison or House of Correction an under Bailiff of a Mannor Manwood par 1. fol. 221. says A Beadle is an Officer or Servant of the Forest who makes all manner of Garnishments of the Courts of the Forest and all Proclamations as well within the Courts as without and executes all the processes of the Forest he is like a Bailiff Errant of a Sheriff in a County Edgarus interdicit omnibus ministris suis id est Vicecomitibus Bedellis Balivis in Patria Girvirorum Ne introeant fines limites dicti Marisci Ingulphus Hist Croyl Bedelary Is the same to a Bedâ—l as Bailiwick to a Bailiff Littl. lib. 3. cap. 5. Bederepe alias Bidrepe Sax. Is a service which some Tenants were anciently bound to perform viz. To repe their Land-lords Corn at Harvest as some yet are tied to give them one two or three days work when they are called Debent venire in Antumpno ad precariam quae vocatur a le Bederepe Pla. in Crast Pur. 10 Hen. 3. Rot. 8. Benefice beneficium Is generally taken for any Ecclesiastical Living or Promotion be it Dignity or other As Anno 13 Rich. 2. Stat. 2. cap. 2. where Benefices are divided into Elective and Donative So is it used in the Canon Law Duarenus de Beneficiis l. 2. cap. 3. Beneficio primo Ecclesiastico habendo Is a Writ directed from the King to the Chancellor to bestow the Benefice that shall first fall in the Kings gift above or under such a value upon this or that Man Reg. of Writs fol. 307. b. Benerth Was a Service which the Tenant rendred to his Lord with his Plough and Cart. Lamb. Itin. pag. 212. and Coke on Littl. fol. 86. a. Benevolence Benevolentia favor good will Is used both in the Chronicles and Statutes of this Realm for a voluntary gratuity given by the Subjects to the King Stows Annals pag. 701. By the Statute of 1 Rich. 3. cap. 2. it is called a New Imposition But Stow pag. 791. saith That the invention grew from Edward the Fourths days you may finde it also Anno 11 Hen. 7. cap. 10. to be yielded to that worthy Prince in regard of his great expences in Wars and otherwise See Cokes 12 Rep. fol. 119 120. It is in other Nations called Subsidium charitativum given sometimes to Lords of the Fee by their Tenants sometimes to Bishops by their Clergy Cassan de consuet Burg. pag. 134 136. By Act of Parliament 13 Car. 2. cap. 4. it was also given to His Majesty that now is King Charles the Second Bercaria from the Fr. Bergerie A Sheep-coat or Sheepfold In Doomsday it is called Berquarium 2 Part. Cokes Inst fol. 476. Dedi sexaginta acras terrae ad unam Bercariam faciendam Mon. Angl. 2. p. fol. 599. a. where it seems to signifie a Sheep-walk Berghmayster from the Sax. berg Mons quasi Master of the Mountain A Bailiff or cheif Officer among our Derbishire Miners who among other parts of his Office does also execute that of Coroner among them Juratores dicunt quod in principio quando Mineratores veniunt in campum minera quaerentes inventa minera venient ad Balivum qui dicitur Berghmayster petent ab eo duas Metas si sit in novo campo habebunt unam scil pro inventione aliam de jure Mineratorum unaquaeque meta continet quatuor Perticatas ad foveam suam septem pedes unaquaeque Perâ—â—cata â—rit de 24 pedibus c. Esâ— de Anno 16 Edw. 1. num 34. In Turr. Lond. See Berghmoth Bergmoth or Berghmote Juratores dicunt etiam quod Placita del Bergmoth debent teneri de tribus septimanis in tres septimanas super mineram in Pecco Esâ— 16 Edw. 1. ut supra This Bergmoth or Berghmote comes from the Saxon berg i. Mons and mote or gemote conventus Quasi the Court held upon a Hill for deciding Pleas and Controversies among the Derbishire Miners of which thus Mr. Manlove in his ingenious Treatise of their Customs And Sute for Oar must be in Berghmote Court Thither for Justice Miners must resort If they such Sutes in other Courts commence They lose their due Oar-debt for such offence And must pay Costs because they did proceed Against their Custom Miners all take heed No Man may sell his Grove that 's in contest Till Sute be ended after the Arrest The Sellers Grove is lost by such offence The Buyer fined for such Maintenance And two great Courts of Berghmote ought to be In every year upon the Minery To punish Miners that transgress the Law To curb Offenders and to keep in aw Such as be Cavers or do rob Mens Coes Such as be Pilferers or do steal Mens Stows To order Grovers make them pay their part Joyn with their Fellows or their Groves desert To fine such Miners as Mens Groves abuse And such as Orders to observe refuse Or work their Meers beyond their length and Stake Or otherwise abuse the Mine and Rake Or set their Stows upon their Neighbors Ground Against the Custom or exceed their Bound Or Purchasers that Miners from their way To their Wash-troughs do either stop or stay Or dig or delve in any Mans Bing-place Or do his Stows throw off break or deface To fine Offenders that do break the Peace Or shed Mans Blood or any Tumults raise Or Weapons bear upon the Mine or Rake Or that Possession forcibly do take Or that disturb the Court the Court may fine For their Contempts by Custom of the Mine And likewise such as dispossessed be And yet set Stows against Authority Or open leave their Shafts or Groves or Holes By which Men lose their Cattle Sheep or Soles And to lay Pains that grievance be redress'd To case the Burdens of Poor-men oppress'd To swear
Berghmaysters that they faithfully Perform their Duties on the Minery And make Arrests and eke impartially Impanel Jurors Causes for to try And see that Right be done from time to time Both to the Lord and Farmers on the Minc Bernet Incendium from the Sax. byrnan to burn Is one of those crimes which by Henry the First 's Laws cap. 13. Emendari non possunt See Opentheff Bery or Bury from the Sax. Byr i. Habitatio A dwelling place a Mansion-house or Court a chief Farm The cheif House of a Mannor or the Lords Seat is still so called in some parts of England as in Herefordshire there are the Beries of Stockton Luston Hope c. Anciently also used for a Sanctuary Berton Bertona a Sax. bere hordeum ton villa Est area in aversa parte aedium ruralium primartarum in qua horrea stabula vilioris officii aedificia sita sunt in qua fodentur domestica animalia negotiationes rusticae peraguntur Rex Thesaurario Baronibus suis de Scaccario salutem Quia volumus quod Castrum nostrum Glocestriae nec-non Tina Bertona Gloc. corpori dicti Comitatus nostri Gloc. annectantur c. Claus 32 Edw. 1. m. 17. Berwica A Hamlet or Village appurtenant to some Town or Mannor often found in Doomsday from the Sax. bereƿica a Corn-Farm or Villa frumentaria Manerium minus ad maius pertinens non in gremio Manerii sed vel in confinio vel dis-junctiùs interdum situm est Spel. Besaile Fr. Bisayeul i. The Father of the Grand-father Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple the day he died and after his death a stranger abates or enters the same day uppn him and keeps out his Heir c. The form and further use of this Writ read in Fitz. Nat. Br. fol. 221. Besca A Spade or Shovel From the Fr. bescher to Dig or Delve In communi pastura turbas cum una sola besca fodient nihil dabunt Prior. Lew. Custamar de Hecham pa. 15. Hence perhaps Una bescata terrae inclusa Mon. Angl. p. 2. fol. 642. a. may signifie a peice of Land usually digged such as Gardiners sow Roots in Bestials Fr. Bestiails i. Beasts or Cattle of any sort Anno 4 Edw. 3 cap. 3. It is written Bestail and is generally and properly used for all kinde of Cattle Mentioned also in 12 Car. 2. cap. 4. Bidale or Bid-all Precaria potaria from the Sax. biddan i. To pray or sapplicate Is the invitation of Friends to drink Ale at the House of some poor Man who thereby hopes a charitable contribution for his relief still in use in the West of England and falsly written Bildale in some Copies of Bracton lib. 4. cap. 1. num ult And mentioned 26 Hen. 8. cap. 6. See Sothale Bidding of the Beads Anno 27 Hen. 8. cap. 26. Was anciently an invitation or notice given by the Parish Priest to his Parishioners at some special times to come to Prayers either for the Soul of some Friend departed or upon some other particular occasion And to this day our Ministers do usually on the Sunday precedent bid such Festivals as happen in the week following Holidays that is desire or invite their Parishioners to observe them Bidding comes from the Sax. biddan i. To desire or intreat and Bead in that language signifies a Prayer Bidripe Bidripa See Bederepes Biga Properly a Cart or Chariot drawn with two Horses coupled side to side but in our ancient Records it is used for any Cart Wain or Waggon Et quod eant cum Bigis carris caeteris falleris super tenementum suum c. 2 Mon. Angl. fol. 256. b. Bigamus Is he that hath married two or more Wives or a Widdow as appears in the Statutes 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst fol. 273. Bigamy Bigamia Signifies a double marriage or the marriage of two Wives it is used for an impediment to be a Clerk Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy Chap. 5. 2. Oportet ergo Episcopum irreprehensibilem esse unitis uxoris virum Upon which the Canonists founded that Doctrine That he that hath married a Widow is by their interpretation taken to have been twice married And both these they not onely exclude from holy Orders but deny them all Priviledges that belong to Clerks But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks though not within Orders the benefit of Clergy in case of Felony not especially excepted by some other Statute Brook tit Clergy Bilanciis deferendis Is a Writ directed to a Corporation for the carrying of Weights to such a Haven there to weigh the Wools that such a Man is licenced to transport Reg. of Writs fol. 270. a. Bilawes or rather by-By-laws from the Gothish By pagus and lagen Lex or from the Sax. Bilage i. Leges obiter pro re nata conditae are particular Orders made in Court Leets or Court Barons by common assent of the Resiants for the good of those that make them in some particular Cases whereto the Publick Law does not extend Coke Vol. 6. fol. 63. Kitchin fol. 45 79. In Scotland they are called Laws of Burlaw or Birlaw which are made and determined by consent of Neighbors elected by common consent in the Birlaw Courts wherein Knowledge is taken of Complaints betwixt Neighbor and Neighbor which men so chosen are Judges and Arbitrators to the effect aforesaid and are called Birlaw-men For Bawr or Bawrsman in Dutch is Rusticus and so Birlaw or Burlaw Leges Rusticorum Skene By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs are impowred to make By-Laws c. Anno 20 Car. 2. cap. 6. Bilinguis Signifies in the generality a double-tongued Man or one that can speak two Languages yet it is used for that Jury which passeth in any Case betwixt an Englishman and an Alien whereof part must be Englishmen and part strangers Anno 28 Edw. 3. cap. 13. Bill Billa Is diversly used First it is a security for Money under the Hand and Seal of the Debtor and is without condition or forfeiture for non-payment 2. Bill is a Declaration in Writing expressing either the wrong the Complainant hath suffered by the party complained of or else some fault committed against some Law or Statute of the Realm This Bill is most commonly addressed to the Lord Chancellor of England especially for unconscionable wrongs done sometimes to others having Jurisdiction according as the Law whereon they are grounded does direct It contains the Fact complained of the Damages thereby sustained and Petition of Process against the Defendant for redress See more in West par 2. Symbol tit Supplications Bill of Store Is a kinde of
Bailiff and Burgesses of Leominster But we do now usually call those Burgesses who serve in Parliament for any such Borow or Corporation Filius verò Burgensis aetatem habere tunc intelligitur cùm discretè sciverit Denarios numerare pannos ulnare alia paterna negotia similiter exercere Glanvile lib 7. cap. 9. In Germany and other Countreys they confound Burgess and Citizen but we distinguish them as appears by the Stat. 5 Rich 2. cap. 4. where the Classes of this Commonwealth are thus enumerated Count Baron Baneret Chivaléer de Countée Citezein de Citée Burgess de Burgh See the Statute of Merton cap 7. And Coke on Littl. fol. 80. Burglary from the Fr. bourg i. pagus villa and larecin i. furtum or laron fur Coke lib. 4. fol. 39. Is a felonious entring into another Mans Dwellâ—ng-house wherein some person usually inhabits or into a Church in the night time with intent to commit some Felony therein as to kiâ—l some Man steal somewhat thence or to do some other fe onious act though he execute it not Burglary in the natural signification of the word is nothing but the robbing a House by night or breaking in with an intent to rob or do some other Felony The like offence by day we call House-robbing or House-breaking by a particular name How many ways Burglary may be committed see Cromp. Just of Peace fol. 28 29 30. and 3 Part. Inst fol. 363. It shall not have benefit of Clergy Anno 18 Eliz cap. 7. Burghware q. burgi vir A Citizen or Burgess Willielmus Rex salutat Willielmum Epis opum Goffredum Portgresium omnem Burghware infra London Charta Willielmi â—â—n Londoniensibus confecta Burlimen See Sucking Bursa A Purse Reddendo inde ad Bursam Abbatis vi d. ad festum Sancti Michaelis c. Ex lib. Caâ—tarum Priorat Leominstr Busca or Buscus Under-wood or Brush-wood Busones Comitatus Justiciarii vocatis ad se quaâ—â—or vel sex vel pluribus de Majoribus Comitatus qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum c. Bracton lib. 3. tract 2. cap. 1. num 1. Quare But Butticum Every But of Malmesey to contain at the least 126 Gallons Anno 1 Rich. 3. cap. 13. Butlerage of Wines Signifies that Imposition upon Sale-Wine brought into the Land which the Kings Butler by vertue of his Office may take of every Ship that is Two shillings of every Tun of Wine imported by Strangers Anno 1 Hen. 8. cap. 5. See more in Botiler of the King and Prisage The Stat. 12 Car. 2. cap. 24. for taking away of Purveyance Does not extend to prejudice the ancient duties of Butlerage and Prisage of Wines but they are to continue as before the making this Act. See Calthrops Reports of Special Cases pag. 23. and 4 Inst fol. 30. Buzcarles or Buscarles Buscarli Buthsecarli Sunt qui portus nauticos custodiunt Mariners or Scamen Quando Rex ibat in expeditionem vel terra vel mari habebat de hoc Manerio aut xx sol ad pascendos suos Buzecarl aut unum hominem ducebat secum pro honore quinque Hidarum Domesd tit Wiltsc Wilton And Seldens Mare clausum fol. 184. where it is written Butsecarli Buzones Judiciorum Placita de temp Johannis Regis Gloc. 139. See Busones Comitatus Bydalle Anno 26 Hen. 8. cap. 6. See Bid-ale Byrlaw or Laws of Burlaw Leges Rusticorum from the Germ. Baur i. Rusticus Lauch Lex Laws made by Husbandmen concerning Neighborhood to be kept among themselves Skene pag. 33. See Bylaws C. THe Letter C among the Ancients denoted Condemnation See Ignoramus Cablish Cablicia among the Writers of the Forest Laws signifies Brush-wood or Browse-wood Cromp. Jurisd fol. 163. But Sir Henry Spelman thinks it more properly signifies Wind-faln-wood because 't was written of old Cadibulum from cadere or if derived from the Fr. Chablis it also signifies Wind-faln-wood Cabo bona speransa See Cape bona esperanza Cade of Herrings Is 500. Of Sprats 1000. Book of Ratâ—s tol 45. Yet I find anciently 600. made the Cade of Herring 120 to the hundred Calandring of Worsted-stuffs mentioned 5 Hen. 8. cap. 4. and 25 ejusdem cap. 5. signifies to smooth trim and give them a gloss it is a Trade both in London and Norwich Calangium Challenge claim or dispute Sciant quod ego Godefridus de Doddensull cum assensu Amiliae uxoris meae dedi Deo Beatae Mariae Dominis meis Priori Conventui Wigorn. in pura perpetua clâ—emosina unam acram terrae sine aliqua reclamatione seu calangiv c. sine dat penes Thomam Chyld Arm. Boscum qui suit in calengio inter ipsum Walterum Mon. Angl. 2. par fol. 252. b. Calcetum Calceata a Causey or Causway See Causey Calends Calendae properly the first day of every Month being spoken by it self or the very day of the New Moon which commonly fall out together If Pridie be placed before it then it signifies the last day of the foregoing Month as Pridie Calend. Maii is the last day of April If any number be placed with it it signifies that day in the former Month which comes so much before the Month named as the Tenth Calends of October is the Twentieth day of September because if one begin at October and reckon backwards that Twentieth day of September is the Tenth day before October In March May July and October the Calends begin at the Sixteenth day in other Moneths at the Fourteenth which Calends must ever bear the name of the Moneth following and be numbred backward from the First day of the said following Moneths See more in Hoptons Concordance pag. 69. And see Ides Dictum de Kenelworth is dated the day before the Calends of November Anno 1256. In the Dates of Deeds the day of the Moneth by Nones Ides or Calends is sufficient 2 Inst fol. 675. Campfight See Champion and 3 Instit fol. 221. Candlemass-day Sax. Candelmaesse The Feast of the Purification of the Blessed Virgin Mary 2 Febr. instituted in memory and honor both of the Presentation of our Blessed Lord and the Purification of the Blessed Virgin in the Temple of Jerusalem the Fortieth day after her happy Child-birth performed according to the Law of Moses Levit. 12. 6. It is called Candlemass or a Mass of Candles because before Mass was said that day the Church blessed that is deputed or set a part for sacred use Candles for the whole year and made a Procession with hallowed Candles in the hands of the faithful in memory of the Divine Light wherewith Christ illaminated the whole Church at his Presentation when old Simeon stiled him A light to the Revelation of the Gentiles and the Glory of his people Israel S. Luk. 2. 32. This Feastival-day is no day in Court and is the Grand day of Candlemass Term in the Inns of Court Cantel among the Statutes
Is a Writ lying for Cattle in Withernam Reg. of Writs fol. 82. 83. See Withernam Capias in Withernamium de Homine Is a Writ that lies for a Servant in Withernam Reg. fol. 79. 80. See Withernam Capias conductos ad proficiscendum Is an Original Writ which lies by the Common Law against any Soldier that hath covenanted to serve the King in his War and appears not at the time and place appointed directed to two of the Kings Serjeants at Arms to arrest and take him wheresoever he may be found and to bring him Coram Consilio nostro with a Clause of Assistance 4 Inst fol. 128. Capite from Caput i. Rex unde tenere in Capite i. Tenere de Rege omnium terrarum Capite Was a Tenure which held of the King immediately as of his Crown were it by Knights Service or Soccage Broke tit Tenures 46 94. Dyer fol. 123. num 38. But by Stat. 12 Car. 2. cap. 24. all Tenures by Knights Service of the King or of any other person Knights Service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof are taken away and discharged from 24 Febr 1645. And all Tenures of all Mannors Lands c. held either of the King or of any other person from that time shall be construed and taken for ever to be turned into free and common Soccage And all Tenures hereafter to be created by the King upon any Gifts or Grants of Mannors Lands c. are by that Statute ordained to be in free and common Soccage onely and not by Knights Service or in Capite and are to be discharged of all Wardship c. Caption Captio When a Commission is executed and the Commissioners names subscribed to a Certificate declaring when and where the Commission was executed that is called the Caption which commonly begins thus Virtute istius Commissionis nos c. Or Executio istius Commissionis patet in quadam Schedula annexata c Capture Captura The taking a prey a little gain an Arrest or Seisure Anno 14 Car. 2. cap. 14. Caput Baroniae Is the Castle or cheif Seat of a Nobleman which is not to be divided among Daughters if there be no Son but must descend to the eldest Daughter Caeteris filiabus aliundè satisfactis Carecta Carectata Sax. Cret unde Cart A Cart or Cart-load Facient precarias de Caruca Carecta i. De aratro carro Custumar Prior. Lewes M. S. Quinque Carectatas clausturae ad praedictae terrae clausturam sustinendam Mon. Angl. 2. par fol. 340. a. Caretarius A Carter Sciant quod ago Herewardus Pril Dedi In liberam puram perpetuam Eleemosinam Deo Altari B. Mariae in Conventuali Ecclesia Leominstr xii d annui reditus provenientes de quodam Mesuagio in Marisco quod fuit Ricardi Caretarii c. sine Dat. Ex libro Cart. Priorat Leominstr See Carreta Cark Is a quantity of Wool thirty whereof make a Sarpler Anno 27 Hen. 6. cap. 2. See Sarpler Carno Seems to signifie an immunity or priviledge Cromp. Jurisd fol. 191. Prior de Melton se homines suos immunes clamat ab omnibus Amerciamentis in Foresta ab omnibus Geldis Footgeldis Buckstals Tritis Carno Sumag c. Itin. Pick. fol. 168. b. Quaere Carpemeals A course kinde of Cloth made in the North of England and mentioned Anno 7 Jac. cap. 16. Carreta alià s Carrecta Was anciently used for a Carriage Wain or Cart-load Sciant praesentes futuri quod ego Henricus de Ribesford Dedi Rogero filio Ade Pistonis pro Homagio Servicio suo totum pratum meum de Wiggemore Reddend inde annuatim mibi haeredibus meis ipse haredes sui unam Carretam soeni rationabilem bene foenatam c. Sine dat Penes Tho. Bridgwater gen Carrick or Carrack Carrucha A Ship of great burden so called of the Italian word Carico or Carco a burden or charge Mentioned 2 Rich. 2. cap. 4. Cartel See Chartel Carucage Carucagium As Hidage was a Taxation by Hides of Land so Carucage was by Carucata s of Land Dederunt S. Edmundo de qualibet Carucata terrae in toto Episcopatu quatuor Denarios annuos quod usque modo ea de causa Carucagium est appellatum Mon. Angl 1 par fol. 294. a. Carrucate or Carve of Land Carrucata terrae of the Fr. Charrue i. aratrum Is a certain quantity of Land by which the Subjects have sometimes been taxed whereupon the Tribute so levied was called Carvagium Bracton lib. 2. cap. 26. num 8. Carucata tâ—rrae A Plough Land may contain Houses Mills Pasture Meadow Wood c. Coke on Littl. Sect. 119. Carrucata is sometimes also used for a Cart-load Una Carrucata ligni in Foresta nostra quae appellatur defensa Mon. Angl. 2. par fol. 311. a. Littleton cap. Tenure in Soccage saith that Soca idem est quod Caruca a Soke or Plough-Land are all one Yet Stow in his Annals pag. 271. says The same King Henry took Carvage that is two Marks of Silver of every Knights Fee towards the Marriage of His Sister Isabel to the Emperor Where Carvage cannot be taken for a Plough-Land except there were some other farther division whereby to raise of every Plough-Land so much and so consequently of every Knights Fee that is of every 680 Acres two Marks of Siver Rastal in his Exposition of Words says Carvage is to be quit if the King shall tax all the Land by Carves that is a priviledge whereby a Man is exempted from Carvage Skene says it contains as great a Portion of Land as may be labored and tilled in a year and day by one Plough which also is called Hilda or Hida terrae a word used in the old British Laws Lamb. in the end of his Eirenarcha translates Carrucatam terrae a Plough-Land The word Carve is mentioned in the Statutes of Wards and Relief made 28 Edw. 1. And in Magna Char. cap. 5. Anno 1200 facta est Pax inter Johannem Regem Angliae P. Regem Franciae c. Et mutuavit Regi Franciae 30 millia Marcarum pro quibus collectum est Carvagium in Anglia scil iii s. pro quolibet aratro Ex Registro Priorat â—e Dunstaple in Bibl. Cotton See Coke on Littl. fol. 69. a. Cassatum Cassata Habitaculum cum terra idonea ad unam familiam alendam alias Casamentum Saxonibus nostris ride Bedâ Familia Ego Forterus famulus famulorum Dei pro redemptione animae meae unum Cassatum dedi Aldberto Abbati quae sita est juxta fluvium Aesee ad portam quae dicitur Bledenithe ad insulam parvam ad Ecclesiam beati Martini Confessoris in propriam substantiam Habendum Donandumque cuicunque voluerit Qui hanc cartam infringere temptaverit sciat seipsum a Communione Sanctorum separatum ab omnipotenti Deo + Ego Forterus
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. paâ—d to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
whereby the King commands the Justices in Eyre to admit of ones Claim by Atturney who is employed in the Kings-service and cannot come in his own person Reg. of Writs fol. 19. b. Clap-bord Anno 35 Eliz. cap. 11. Is Board cut in order to make Cask or Vessels Clarentius See Herald Claves Insulae i. The Keys of the Island In the Isle of Man all ambiguous and weighty Cases are referred to Twelve whom they call Claves Insulae Clausum Fregit Mr. Somner in his Saxon Dictionary conceives the original of those much used words in our Law-Pleadings might come from the Saxon Eder-bryce which signifies Hedge-breaking the Boughs which close the top of the Hedge being usually called Etherings Clausum Paschae Stat. of Westm 1. Lendemaine de la Cluse de Pasche that is In Crastino clausi Paschae or in Crastino Octabis Paschae which is all one viz. The morrow of the Utas of Easter 2 Part. Inst fol. 157. Ad Curiam cum visu Franc. Pleg tent apud Maurdin die Jovis prox post Festum Clausi Paschae Anno 17 Edw. 4. Testatum fuit quod c. Clausum Paschae i. Dominica in Albis sic dictum quòd Pascha Claudat Clausura Heye Johannes Stanley Ar. clamat quod ipse haeredes sui sunt quieti de Clausura Heye de Macclesfield scil Clausura unius Rodae terrae circitèr hayam praedict Rot. Plac. in Itinere apud Cestriam Anno 14 Hen. 7. Clergy Clerus Is diversly taken sometime for the whole number of those who are De Clero Domini of our Lords lot or share as the Tribe of Levi was in Judaea sometimes for a Plea to an Indictment or an Appeal and is by Stamf. Pl. Cor. lib. 2. cap. 41. thus defined Clergy is an ancient liberty of the Church which hath been confirmed by divers Parliaments and is When a Priest or one in Orders is arraigned of Felony before a Secular Judge he may pray his Clergy which is as much as if he prayed to be delivered to his Ordinary to purge himself of the offence objected And this might be done in case of Murder Coke lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri Anno 9 Edw. 2. c. 26. and what persons might have their Clergy and what not see Stamf. Pl. Cor. lib. 2. cap. 42 43. Yet there are many Statutes made since he wrote that Book whereby the benefit of Clergy is abrigded As Anno 8 Eliz. cap. 4. 14 Ejusdem cap. 5. 18 Ejusdem cap. 4 6 7. Anno 23 Ejusdem cap. 2. 29 Ejusdem cap. 2. 31 Ejusdem cap 12. and 39 Ejusdem cap. 9. 15. Of this see Cromptons Justice of Peace fol. 102 105. And Lambert Eiren. lib. 4. cap. 14. And note that the ancient course of Law in this point is much altered for by the Statute of 18 Eliz cap. 7. Clerks are no more delivered to their Ordinaries to be purged but now every Man to whom this benefit is granted though not in Orders is put to read at the Bar after he is found guilty and convicted of such Felony and so burnt in the hand and set free for the first time if the Ordinaries Commissioner or Deputy standing by do say Legit ut Clericus or otherwise he suffers death for his transgression Cowel Clerico Admittendo Is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne Admittas tryed and found for the party that procures the Writ Reg. of Writs fol. 31. Clerico capto per Statutum Mercatorum c. Is a Writ for the delivery of a Clerk out of prison who is imprisoned upon the Breach of a Statute Merchant Reg. of Writs fol. 147. Clerico convicto commisso Goalae in defectu Ordinarii deliberando Is a Writ for the delivery of a Clerk to his Ordinary that was formerly convict of Felony by reason his Ordinary did not challenge him according to the priviledges of Clerks Reg. of Writs fol. 69. a. Clerico infra sacros ordines constituto non eligendo in Officium Is a Writ directed to the Bailiffs c. that have thrust a Bailiwick or Beadleship upon one in holy Orders charging them to release him Reg. of Writs fol. 143. a. Clerk Clericus Hath two significations one as it is the title of him that belongs to the holy Ministery of the Church under which where the Canon Law hath full power are not onely comprehended Sacerdotes Diaconi but also Subdiaconi Cantores Acolyti Exorcistae Ostiarii And in this signification a Clerk is either Religious otherwise called Regular or Secular Anno 4 Hen. 4. cap. 12. The other denotes those who by their function or course of life practise their Pen in any Court or otherwise as the Clerk of the Rolls of Parliament Clerks of the Chancery c. whose peculiar Offices shall be set down in order Clerk of the Ax Clericus Securis Is an Officer in the Navy whose function is to carry a Silver Ax wherewith to mark and seise Timber for the Kings use in His Navy or otherwise and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts I suppose by mistake Clerk of the Parliament Rolls Clericus Rotulorum Parliamenti Is he that Records all things done in the High Court of Parliament and engrosseth them fairly in Parchment Rolls for their better preservation to posterity Of these there are two One of the Lords House another of the House of Commons Cromp. Jurisd fol. 4. 8. Smith de Repl. Angl. pag. 38. See also Vowels Book touching the Order of the Parliament Clerk of the Crown in Chancery Clericus Coronae in Cancellaria Is an Officer there who by himself or Deputy is continually to attend the Lord Chancellor or Lord Keeper writes and prepares for the Great Seal of England special Matters of State by Commission or the like either immediately from His Majesty or by Order of His Council as well ordinary as extraordinary viz. Commissions of Lieutenancy of Justices Itinerant and of Assises of Oyer and Terminer of Goal Delivery and of the Peace with their Writs of Association and the like Also all General Pardons upon Grants of them at the Kings Coronation or at a Parliament where he sits in the Lords House in Parliament time info whose Office the Writs of Parliament made by the Clerks of the Pettibag with the names of Knights and Burgesses elected thereupon are to be returned and filed He hath also the making of all special Pardons and Writs of Execution upon Bonds of Statute Staple forfeited which was annexed to his Office in the Reign of Queen Mary in consideration of his continual and chargeable attendance Both these before being common for every Cursitor and Clerk of the Court of Chancery to make Clerk of the Crown Clericus Coronae Is a Clerk or Officer in the Kings Bench whose function is to frame read and record all Indictments against Traitors Felons and
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
tenenda in Scarcario Is a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Plea between common persons in that Court where neither of them belong thereto Reg. of Writs fol. 187. b. Comorth Comortha From the British Cymmorth Subsidium A Contribution Subsidium à pluribus collatum Anno 4 Hen. 4. cap. 27. And 26 Hen. 8. cap. 6. Prohibits the Levying any such in Wales or the Marches c. It seems this Commorth was gathered at Marriages and when young Priests said or sung their first Masses and sometimes for redemption of Murders or Felonies Companion of the Garter Is one of the Knights of that most Noble Order Anno 24. Hen. 8. cap. 13. See Garter Compositio Mensurarum Is the Title of an ancient Ordinance for Measures not Printed and is mentioned in the Statute of 23 Hen. 8. cap 4. Compromise Compromissum Is a mutual promise of two or more parties at difference to refer the ending of their Controversies to the Arbitrement and Equity of one or more Arbitrators West defines a Compromise or Submission to be the faculty or power of pronouncing Sentence between Persons at Controversie given to Arbitrators by the Parties mutual private consent without publick Authority Par. 2. Symbol Tit. Compromise Sect. 1. Computation Computatio Is the true account and construction of time to the end that neither party do wrong to the other nor that the determination of time be so left at large as to be taken otherways then according to the just Judgment of the Law As if Indentures of Demise are engrossed bearing date 11 May 1669. To have and to hold the Land in S. for three years from henceforth and the Indentures are delivered the Fourth day of June following In this Case from henceforth shall be accounted from the day of the Delivery and not from the date and if the Indenture be delivered at four of the Clock in the Afternoon of the said Fourth day of June the Lease shall end the Third day of June in the Third year For the Law in this Computation rejects all fractions or divisions of the day for the incertainty which always is the Mother of Contention So where the Statute of Enrolments made 27 Hen. 8. cap. 16. is That Writings shall be enrolled within six Moneths after the date thereof if such Writings have date the Six Moneths shall be accounted from the date and not from the Delivery but if they want date then it shall be accounted from the Delivery Coke lib. 5. fol. 1. If any Deed be shewed to a Court at Westminster it shall remain in Court by Judgment of the Law all the Term in which it is shewed for all the Term in Law is but as one day Coke lib. 5. fol. 74. If a Church be void and the Patron does not present within Six Moneths then the Bishop of the Diocess may collate his Chaplain but these Six Moneths shall not be Computed according to Twenty eight days in the Moneth but according to the Kalendar See Kalendar-moneth Computo Lat. Is a Writ so called of the Effect which compels a Bailiff Chamberlain or Receiver to yield his account Old Nat. Br. fol. 58. It is founded on the Statute of Westm 2. cap. 2. And it lies also for Executors of Executors 15 Edw. 3. Stat. de provis victual cap. 5. Thirdly Against the Guardian in Soccage for Waste made in the Minority of the Heir Marlbr cap. 17. And see further in what other Cases it lies Reg. of Writs fol. 135. Fitz. Nat. Br. fol. 116. Conabel Fr. Convenable i. Convenient or fitting We ordain that there be made a Hache of Conabyl heythe crestyd with Pikes of Herne to sore the entry of your Kechyne that no strange peopille may enter with certain Clekets advised be you and be your Steward to such persons as you and them think honest and Conable Artic. Decani Capit. S. Pauli Priorat S. Helenae Dat. 21 Junii 1439. Concealers Concelatores Are such as finde out concealed Lands that is such Lands as are privily kept from the King by common persons having nothing to shew for their Title or Estate therein Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. They are so called a Concelando as Mons à Movendo per Antiphrasin See 3 Part. Inst fol. 188. Where the Author calls them Turbidum hominum genus Concessi a word much used in Conveyances In Law it creates a Covenant as Dedi does a Warranty Coke on Littl. fol. 384. Concord Concordia Agreement Is by a peculiar signification defined to be the very Agreement between Parties who intend the levying a Fine of Lands one to the other how and in what manner the Land shall pass But in the form of it many things are to be considered West pa. 2. Symb. tit Fines and Concords Sect. 30. whom read at large Concord is also an Agreement made upon any Trespass committed betwixt two or more and is divided into a Concord Executory and a Concord Executed See Plowden in Reniger and Fogassa's Case fol. 5 6 8. where it appears by some opinion That the one bindes not as being imperfect the other absolute and ties the party Yet by some other opinion in the same Case it is affirmed That Agreements Executory are perfect and binde no less then Agreements executed Concubinage Fr. Signifies properly the keeping a Whore for ones own filthy use but it is used as an exception against her who sues for Dower alleaging thereby that she was not Wife lawfully married to the party in whose Lands she seeks to be endowed but his Concubine Britton cap. 107. Bracton lib. 4. tract 6. cap. 8. Conders from the Fr. Conduire i. to conduct Are such as stand upon high places near the Sea-coast at the time of Herring-Fishing to make signs with Boughs c. to the Fishers which way the shole of Herrings passeth which may better appear to such as stand upon some high Cliff on the shore by a kinde of blew colour they cause in the Water then to those that are in the Ships These are otherwise called Huers of the Fr. Huyer i. Exclamare and Balkers Directors and Guiders as appears by the Statute 1 Jac. cap. 23. Condition Conditio Is a Manner Law Quality or Restriction annexed to Mens Acts qualifying or suspending the same and making them uncertain whether they shall take effect or no. West pa. 1. Symb. lib. 2. sect 156. In a Lease there may be two sorts of Conditions Condition collateral or Condition annexed to the Rent Coke lib. 3. Penants Case fol. 64. Collateral Condition is that which is annexed to any Collateral Act as that the Lessee shall not go to Paris Ibidem fol. 65. Condition is also divided into Condition in Deed or Fact and Condition in Law which otherwise may be termed Condition expressed and Condition implied Perkins tit Conditions Condition in Deed Is that which is knit and annexed by express words to the Feoffment Lease
Hillaire prochain venant William Clopton du Counte de Suffolke Esquier pour adunques respondre devant nous ou nostre Lieutenant en la Cour de Chivalrie a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes ad appose le Seel de ces Armes a un faux forge fait as domages du dit Robert de Cl. plus a ce quil dit Remandantz par d'evers nous a dit jour ove icest nostre mandement tout ce que vous en aurez faitz Donne soubz le seel du nostre Office le xxiii jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme Courtilage See Curtilage Couthutlaugh Sax. Couch sciens Utlaugh exlex Is he that willingly receives a Man out-lawed and cherishes or conceals him In which case he was in ancient time subject to the same punishment that the Outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. Cranage Cranagium Is a liberty to use a Crane for drawing up Wares from the Vessels at any Creek of the Sea or Wharff unto the Land and to make profit of it It signifies also the Money paid and taken for the same New Book of Entries fol. 3. Crastino Sancti Uincentii i. the morrow after the Feast of St. Vincent the Martyr which is 22 Januarii Is the date of the Statutes made at Merton Anno 20 Hen. 3. Cravent or Craven In a tryal by Battel upon a Writ of Right the ancient Law was That the Victory should be proclaimed and the vanquished acknowledge his fault in the audience of the people or pronounce the horrid word Cravant in the name of Recreantise c. and presently Judgment was to be given and after this the Recreant should Amittere liberam legem that is He should become infamous c. See 2 Part. Instit fol. 247 248. We retain the word still for a Coward If the Appellant joyn Battel and cry Craven he shall lose liberain legem but if the Appellee cry Craven he shall be hanged 3 Inst fol. 221. Crayer Seems to be a kinde of small Sea-Vessel or Ship mentioned in the Stat. 14 Car. 2. cap. 27. Creansor Creditor of the Fr. Coyance persuasio Signifies him that trusts another with any debt be it in Money or Wares Old Nat. Br. fol. 67. Anno â—8 Edw. 3. cap. 5. Creast-tile See Roof-tile Créek Creca Seems to be a part of a Haven where any thing is landed from the Sea So that when you are out of the main Sea within the Haven look how many Landing places you have so many Creeks may be said to belong to that Haven See Cromp. Jurisd fol. 110. a. This word is mentioned in the Stat. 2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow Casu Ronyger Fogassa Crocards A sort of Money See Pollards Croft Sax Croftus Crofta A little Close or Pitle enclosed near a Dwelling House for any particular use Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus pro se hominibus sive tenentibus suis includere Crofâ—os sive pratum juxia pontem separalitèr quantum illis placuerit Ingulf In some ancient Deeds Crufta occurs as the Latin word for a Croft but Cum Toftis Croftis is most frequent Crosses Cruce signati Are used by Britton cap. 122. for Pilgrims because they wear the sign of the Cross upon their Garments Of these and their Priviledges read Bracton lib. 5. pâ— 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy cap. 49. Under this word are also signified the Knights of S. John of Jerusalem created for the deâ—ence of Pilgrims and all those worthy Men of the Nobility and Gentry of England who in the Reigns of King Henry the Second Richard the First Henry the Third and Edward the First were Cruce signati as dedicating and listing themselves to the Wars for the recovery of Jerusalem and the Holy Land Greg. Syntag. lib. 1â— cap. 13 14. Euekingstool or Cokestool Tumbrella Is an Engin invented for the punishment of Scolds and unquiet Women by Ducking them in the Water called in ancient time a Tumbrel Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella Kitchin cap. Charge in Court Leet fol. 13. a. says Every one having view of Frank-pledge ought to have a Pillory and a Tumbrel This was in use even in our Saxons time by whom it was called Sâ—eal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and described to be Cathedra in qua rixosae mulieres sedentes aquis demergebantur And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws who were thereupon in such a Stool or Chair to be ducked and immerged in Stercore some muddy or stinking Pond Cudutlaugh See Couthutlaugh Cut antè divortium Is a Writ which a Woman divorced from her Husband hath to recover Lands or Tenements from him to whom her Husband did alienate them during the marriage because during the marrige she could not gainsay it Reg. of Writs fol. 233. Fitâ— Nat. Br. fol. 204. Cui in vita Is a Writ of Entry which a Widow hath against him to whom her Husband alienated her Lands or Tenements in his life time which must specifie that During his life she could not withstand it Reg. of Writs fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries verbo Cui in vita Culagium Is when a Ship is laid in the Dock to be repaired M. S. Arth. Trevor Arm. de Plac. Edw. 3. Culvertage Culvertaginm from Culum vertere to turn tail Omnes cum equis armis jussit sub nomine Culvertagii convenire Matth. Paris fol. 233. That is under the penalty of Cowardise or being accounted Cowards See Gloss in x. Scriptores Cunage Cunagium De Cunagio Stanneriae de emptione totius Stanni in Com. Devon Cornub. Rot. Pat. 21 Edw. 3. See Coinage Cuneus A Mint or place to Coyn Money in Mandatum est Reginaldo de Cornhil c. Sciatis quod concessimus venerabili Patri nostro Cicestr Fpiscopo quod habeat Cuneum suum in Civitate Cicestriae quod currat donec nostri in eadem civitate currant tunc una cum illis currat Et ideo vobis praecipimus quod ei vel certo nuncio suo Cuneum illum habere sine dilatione faciatis 〈◊〉 29 Apr. Claus 6 Joh. m. 3. Cuntey-Cuntey Is a kinde of tryal as appears by Bracton in these words Negotium in hoc casu terminabitur per Cuntey-Cuntey sicut inter Cohaeredes And In brevi de recto negotium terminabitur per Cuntey-Cuntey which seems to be as much as the Ordinary Jury Bracton lib. 4. tract 3. cap. 18. Curfeu Ignitegium of the Fr. Couvrir feu i. Cover the Fire Signifies an Evening Peal by which the Conqueror
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse
in the second the Cart-wheel Cart and Horses and in the third the Tree is to be given to God that is to be sold and distributed to the Poor by the Kings Almoner for expiation of this dreadful event though effected by unreasonable yea sensless and dead creatures Stamf. Pl. Cor. lib. 1. cap. 2. Bracton lib. 3. tract 2. cap. 5. Omnia quae movent ad Mortem sunt Deodanda Fleta says This Deodand is to be sold and the price distributed to the Poor for the Soul of the King his Ancestors and all faithful people departed this life Lib. 1. cap. 25. De Submersis Which Law seems to bear an imitation of that in Exodus cap. 21. Si cornu perierit bos virum vel mulierem ita ut moriatur lapidabitur bos neque comedetur caro ejus ac Dominus ejus crit innocens This word is mentioned in the Stat. De Officio Coronatoris Anno 4 Edw. 1. See 3 Part. Inst fol. 57. Deoneranda pro rata portionis Is a Writ that lies where one is distrained for a Rent that ought to be paid by others proportionably with him For example a Man holds ten Oxgangs of Land by Fealty and ten shillings Rent of the King and aliens one Oxgang thereof to one and another to another in Fee Afterward the Sheriff or other Officer distrains onely one of them for the Rent he that is so distrained may have this Writ for his relief Fitz. Nat. Br. fol. 234. Departer or Departure Is a word properly applied to him who first pleading one thing in Bar of an Action and being replied unto does in his Rejoynder wave that and shew another matter contrary or not pursuing his first Plea Plowden in Reneger and Fagossa fol. 7 8. Or it may be applied to a Plaintiff who in his Replication shews new matter from his Declaration As in Crokes 2 Part Bagshaws Case fol. 147. The Defendant hereupon demurred because it was a departure from the Declaration So if a Man plead a General Agreement in Bar and in his Rejoynder alleage a special one this shall be adjudged a Departure in Pleading Departure in despight of the Court Is when the Tenant or Detendant appears to the Action brought against him and hath a day over in the same Term or is called after though he had no day given him so it be in the same Term if he do not appear but make default it is a Departure in despight of the Court and therefore he shall be condemned which departure is always of the part of the Tenant or Defendant and the Entry of it is Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit defaltum fecit Coke lib. 8. fol. 62. Departers of Gold and Silver See Finors Depopulation Depopulatio A wasting pilling or destruction a desolation or unpeopling of any place Cokes 12 Rep. fol. 30. Depopulatores agrorum It appears by the Stat. 4 Hen. 4. cap. 2. that they were great offenders by the ancient Law and that the Appeal or Indictment of them ought not to be General but in Special manner They are called Depopulatores Agrorum for that by prostrating or decaying the Houses or Habitation of the Kings people they depopulate that is dispeople the Towns 3 Part. Inst fol. 204. Deposition Depositio Is the Testimony of a Witness otherwise called a Deponent put down in writing by way of answer to Interrogatories exhibited to that purpose in the Court of Chancery And when such witness is examined in open Court he is said to be examined Viva voce Deposition is also used for death as in Provin Angl. lib. 2. tit De feriis Ordinamus quod Festum Depositionis Sancti Johannis de Beverlaco 7 die Mail. Per Provinciam nostram antedictam perpetuit temporibus colebretur Deprivation Deprivatio A depriving bereaving or taking away With the loss or deprivation of all the Spiritual Promotions whereof c. Anno 2 3 Edw. 6. cap. 20. Deprivation of Bishops and Deans Anno 39 Eliz. cap. 8. De quibus sur Disseisin Is a Writ of Entry See Fitz. Nat. Br. fol. 191. Deraign or Dereyn Disrationare vel dirationare Signifies generally to prove as Dirationabit jus suum haeres propinquior Glanvil lib. 2. cap. 6. And Dirationabit terram illam in Curia mea He proved that Land to be his own Idem lib. 2. cap. 20. Bracton uses it in the same sence Habeo sufficientem disratiocinationem probationem lib. 4. tract 6. cap. 16. And so he useth disrationare lib. 4. cap. 22. And to Dereyn the Warranty Old Nat. Br. fol. 146. To Deraign that right 3 Edw. 1. cap. 40. And Westm 2. cap. 5. Anno 13 Edw. 1. cap. 5. When the Parson of any Church is disturbed to demand Tythes in the next Parish by a Writ of Indicavit the Patron shall have a Writ to demand the Advowson of the Tythes being in demand and when it is Deraigned then shall the Plea pass in the Court Christian as far forth as it is Deraigned in the Kings Court. In some places the Substantive Dereinment is used in the very literal signification with the French Disrayer or desranger that is turning out of course displacing or setting out of order as Deraignment or departure out of Religion Anno 31 Hen. 8. cap. 6. and 5 6 Edw. 6. cap. 13. And Dereinment or discharge of their profession 33 Hen. 8. cap. 29. Which is spoken of those Religious Men who forsook their Orders and Professions So Kitchin fol. 152. The Leasee enters into Religion and afterwards is dereigned And Britton cap. 21. hath these words Semounse desrenable for a Summons that may be challenged as defective or not lawfully made Of this you may read something more in Skene verbo Disrationare where in one signification he confounds it with our waging and making of Law See Lex Deraisnia Descent See Discent De son tort demesn Fr. Are words of Form used in an Action of Trespass by way of Reply to the Defendants Plea For example A. sues B. in such an Action B. answers for himself that he did that which A. calls a trespass by the command of C. his Master A. saith again that B. did it de son tort demesne sans ceo que C. luy command modo forma That is B. did it of his own wrong without that that C. commanded him in such form c. Detinet See Debito and Debet and Solet Detinue detinendo Is a Writ that lies against him who having Goods or Chattels deliver'd him to keep refuses to re-deliver them See Fitz. Nat. Br. fo 138. To this is answerable in some sort actio depositi in the Civil Law And he takes his Action of Detinue who intends to recover the thing deteined and not the Damages sustained by the Detinue Kitchin fol. 176. See the New Book of Entries verbo Detinue Devastaverunt bona Testatoris Is a Writ lying against Executors for
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the common-Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd downward in a right-line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Discent springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process The effect of Discontinuance of Possession is this That a Man may not enter upon his own Land or Tenement alienated whatsoever his right be to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict fol. 131. useth it in these words If a Justice Seat be Discontinued by the not coming of the Justices the King may renew the same by His Writ c. In this signification Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
further in Fleta lib. 6. ca. 8. seq and that these came to us from the Civil-Lawes and the Normans is well shewed by the grand Custumary where you may find in a manner all that our Lawyers say of this matter ca. 39. to 45. Essoins and Profers Anno 32 Hen. 8. ca. 21. See Profer Essonio de malo lecti Is a Writ directed to the Sheriff for sending four lawful Knights to view one that has Essoined himself de malo lecti Reg. of Writs fol. 8. b. Establishment of Dower Seems to be the assurance or settlement of Dower made to th Wife by the Husband or his Friends before or at Marriage And Assignment is the setting it out by the Heir afterwards according to the Establishment Britton ca. 102 103. Estandard or Standard Fr. Estandart i. Signum vexillum An Ensign for Horsemen in War and is commonly that of the King or Chief General But it is also used for the Principal or Standing-Measure of the King to the scantling whereof all the Measures throughout the Land are or ought to be framed by the Clerks of the Market Aulneger and other Officers according to their several Offices For it was established by Magna Charta 9 Hen. 3. ca. 9. That there should be but one scantling of Weights and Measures through the whole Realm which was confirm'd by the. Stat. 14 Edw 3. ca. 12. From henceforth there shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm 17 Car. 1. ca. 19. It is called a Standard with good reason because it stands constant and immoveable and hath all other Measures coming towards it for their Conformity as Souldiers in the field have their Standard or Colours to repair to Of these Measures read Britton ca. 30. Estate Fr. Estat i. Conditio Signifies especially that Title or Interest which a Man hath in Lands or Tenements as Estate simple otherwise called Fee simple and Estate conditional or upon condition which is according to Litt. lib. 3. ca. 5. either upon Condition in Deed or upon Condition in Law The first is where a Man by Deed indented infeoffs another in Fee reserving to him and his heires yearly a certain Rent payable at one Feast or at divers upon condition that if the Rent he behind c. it shall be lawful for the Feoffer and his heirs to enter Estate upon condition in Law is such as hath a Condition in Law annexed to it though it be not specify'd in writing For example if a Man grant to another by his Deed the Office of a Parker for life This Estate is upon condition in the Law or imply'd by Law viz. If the Parker so long shall well and truly keep the Park c. We read also of an Estate particular which is an Estate for life or for years Perkins Surrenders 581. Esterling See Sterling Estopel from the Fr. Estouper i. Oppilare Obstipare Is an impediment or bar of an Action growing from his own Fact who hath or otherwise might have had his Action For example a Tenant makes a Feoffment by collusion to one the Lord accepts the Services of the Feoffee by this he debars himself of the Wardship of his Tenants heir Fitz. Nat. Br. fol. 142. k. And Broke hoc titulo Coke lib. 2. Casu Goddard defines an Estopel to be a bar or hindrance to one to plead the truth and restrains it not to the impediment given a man by his own act onely but by anothers also Lib. 3. Case of Fines fol. 88. There are three kinds of Estopel viz. By matter of Record by matter in Writing and by matter in Paiis Of which see Coke on Litt. fol. 352. a. Estovers Estoveria from the Fr. Estouver i. Fovere Signifies nourishment or maintenance Bracton lib. 3. tract 2. ca. 18. num 2. uses it for that sustenance which a man apprehended for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Stat. 6 Ed. 1. ca. 3. useth it for an allowance in meat or cloth It is also used for certain allowances of Wood to be taken out of another Mans Woods Westm 2. ca. 25. 20 Car. 2. ca. 3. West pa. 2. Symbol tit Fines Sect. 26. sayes Estovers comprehends House-bote Hay-bote and Plow-bote As if one hath in his Grant these general words De rationabili Estoverio in boscis c. He may thereby claim these three In some Mannors the Tenants have Common of Estovers that is necessary Botes out of the Lords Woods As at Orleton in Com. Heref. where the Tenants paid the Lord a Wood-hen yearly by way of Rent or Retribution for the same Rationabile Estovorium See Alimony Estray from the old Fr. Estrayeur Lat. Extrahura Pecus quod elapsum a custode campos pererrat ignoto Domino Signifies any beast that is not wild found within any Lordship and not owned by any man in which Case if it be Cried according to Law in the next Market-Towns and it be not claimed by the Owner within a Year and a day it is the Lords of the Soil See Britton ca. 17. See Estrays in the Forrest Anno 27 Hen. 8. ca. 7. New Book of Entries verbo Trespas concernant Estrey The ancient Law of K. Inas was Diximus de ignotis pecoribus ut nemo habeat sine testimonio Hundredi vel bominum Decennae i. Sectatorum Letae Spel. Estreat Extractum Is used for the Copy or true Note of an Original Writing and especially of Amerciaments or Penalties set down in the Rolls of a Court to be levied by the Bailiff or other Officer upon every Man for his Offence See Fitz. Nat. Br. fol. 57 76. And so-it is used We stm 2. ca. 8. Clerk of the Estreats See in Clerk Estrepe Fr. Estropier i. Mutilare To make spoil by a Tenant for life in Lands or Woods to the prejudice of him in reversion Estrepement or Estrepament From the Fr. Estropier i. mutilare Signifies spoil made by the Tenant for term of life upon any Lands or Woods to the prejudice of him in the Reversion Stat. 6. Edw. 1. ca. 13. And it may seem by the derivation that Estrepament is properly the unreasonable soaking or drawing away the heart of the Land by Plowing and Sowing it continually without Manuring or other good Husbandry And yet Estropier signifying mutilare it may no less properly be applyed to those that cut down Trees or lop them farther then the Law allowes It signifies also a Writ which lies in two Cases the one when a Man having an Action depending as a Formdon dum fuit infra atatem Writ of right or such like wherein the Demandant is not to recover Damages sues to inhibit the Tenant from making wast during the Sute The other is for the Demandant who is adjudged to recover Seisin of the Land in question and before Execution sued by the Writ Habere facias possessionem for fear
the end of the Sute and all that the Kings Writ commands to be done The other Writ with a Quousque is tending to an end but not final as in the Case of Capias ad Satisfaciendum c. which is not final but the Body of the party is to be taken to the intent to satisfie the Demandant and his imprisonment is not absolute but until he satisfie Idem ibid. Executor Executor Is he that is appointed by any Mans last Will and Testament to have the Execution thereof and the disposing of all the Testators substance according to the tenor of the Will See the Duty of Executors a Book so entituled Executor de son tort Or of his own wrong is he that takes upon him the Office of an Execator by intrusion not being so constituted by the Testator or deceased nor for want of such Constitution constituted by the Ordinary to administer How far he shall be liable to Creditors see 43 Eliz. cap. 8. Dyer 166. and the Duty of Executors cap. 14. Exemplification of Letters Patent An. 13 Eliz. cap. 6. Is a copy or example of Letters Patent made from the Inrollment thereof and sealed with the Great Seal of England which Exemplifications are as effectual to be shewed or pleaded as the Letters Patent themselves Nothing but matter of Record ought to be exemplified 3 Inst fol. 173. See Pages Case 5 Rep. Exemplificatione Is a Writ granted for the Exemplification of an Original See Reg. of Writs fol. 290. Ex gravi Querela Is a Writ that lies for him to whom any Lands or Tenements in Fee within a City Town or Borough wherein Lands are devisable are devised by Will and the Heir of the Devisor enters and detains them from him Reg. of Writs fol. 244. Old Nat. Br. fol. 87. See Fitz. Nat. Br. fol 198. L. Exhibit Exhibitum When any Deed Acquittance or other writing is in a sute in Chancery exhibited to be proved by Witnesses and the Examiner certifies on the back of it that the Deed was shewed to such a one at the time of his Examination this is there called an Exhibit The word is mentioned Anno 14 Car. 2. cap. 14. Exigendaries of the Common Bench Exigendarii de Banco Communi Are otherwise 10 Hen. 6. cap. 4. called Exigenters which Vide. Exigent Exigenda Is a Writ that lies where the Defendant in an Action Personal cannot be found nor any thing of his within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlary This Writ also lies in an Indictment of Felony where the party indicted cannot be found Smith de Repub. Angl. lib. 2. cap. 19. It is called an Exigent because it exacteth the party that is requires his appearance or forth-coming to answer the Law for if he come not at the last days Proclamation he is said to be Quinquies Exactus and then is Outlawed Cromp. Jurisd fol. 188. See the New Book of Entries verbo Exigent Exigenters Exigendarii Are four Officers of the Court of Common Pleas who make aâ—l Exigents and Proclamations in all Actions wherein Process of Outlary lies and Writs of Supersedeas as well as the Pronotaries upon such Exigents as were made in their Offices 18 Hen. 6. cap. 9. But the making the Writs of Supersedeas is since taken from them by an Officer in the Court of Common Pleas erected by King James by his Letters Patent in the later end of His Reign Ex mero motu Lat. Are formal words used in the Kings Charters and Letters Patent signifying that he does what is contained therein Of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to Bar all Exceptions that might be taken to the Instrument wherein they are contained by alleaging that the Prince in passing such a Charter was abused by salse suggestion Kitchin fol. 352. Ex Officio By vertue of a Branch of the Stat. 1 Eliz. cap. 1. the Queen by Her Letters Patent might authorise any person or persons c. To administer an Oath Ex Officio whereby the supposed Delinquent was compelled to confess accuse or purge himself of any criminal matter and thereby be made liable to censure or punishment c. The Branch of which Statute relating to the said Oath is repealed 17 Car. 1. cap. 11. Exoneratione Sectae Was a Writ that lay for the Kings Ward to be disburdened of all sute c. to the County Hundred Leet or Court Baron during the time of his Wardship Fitz. Nat. Br. fol. 158. Ex Parte Lat. Partly or of one part In the Court of Chancery it hath this signification A Joynt-Commission is that wherein both Plaintiff and Defendant joyn A Commission Ex parte is that which is taken out and executed by one Party onely Ex parte talis Is a Writ that lies for a Bailiff or Receiver who having Auditors assigned to hear his account cannot obtain of them reasonable allowance but is cast into Prison by them Fitz. Nat. Br. fol. 129. The manner in this Case is to take this Writ out of the Chancery directed to the Sheriff to take four Mainpernors to bring his Body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time Expectant Used with this word Fee differs from Fee-simple For example Lands are given to a Man and his Wife in Frank-Marriage To hold to them and their Heirs In this case they have Fee-simple Bat if it be given to them and the heires of their body c. they have Taile and Fee-expectant Kitchin fol. 153. Explees See Esplees Expeditate Expeditare vel expaaltare In the Forest Laws signifies to cut out the Balâ— of great Dogs fore-feet for preservation of the Kings Game Every one that keeps any great Dogs not expeditated forfeits three shillings to the King The Ball of the foot of Mastists is not to be cut off but the three Claws of the fore-foot to the skin 4 Part. Inst fol. 308. Nullus Dominicos canes Abbatis Monachorum expaaltari cogat Charta Hen. 3. Abbati de Rading sint quieti de espeditamentis canum Ex magno Rot. Pipae de Anno 9 Ed. 2. Expenditors Anno 37 Hen. 8. ca. 11. Seems to signifie those that pay disburse or expend the Tax in the said Statute mentioned Anno 7 Jac. ca. 20. Paymasters Expensis militum levandis Is a Writ directed to the Sheriff for levying allowance for the Knights of the Parliament Reg. of Writs fol. 191. b. Explorator A Scout In memoriam Henrici Croft Equitis aurati Exploratoris in Hibernia generaliâ— qui obiit Anno 1609. Scoutmaster-general Also a Huntsman or Chaser Idem Abbas habens Exploratores suos statim ponere fecit retia c. In Itin. Pickering 8 Ed. 3. Rot. 4. Extend Extendere To value
on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of Immunity whereof he is either Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum Liberum Is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
Easterling Merchants in London called the Stilyard Anno 22 Hen. 8. cap. 8. Gild-merchant Gilda Mercatoria Was a certain Priviledge or Liberty granted to Merchants whereby they were enabled among other things to hold certain Pleas of Land within their own Precincts Giltwite See Gyltwite Gisarms rectius Guisarmes An. 13 Edw. 1. Stat. 3. cap. 6. A kinde of Hand-Ax according to Skene Fleta writes it Sisarms lib. 1. cap. 14. Est armorum genus longo manubrio porrecto cuspide Spel. Gleab-land Gleba Church-land Dos vel à terra ad Ecclesiam pertinens Charta Elredi Regis Magnae Britanniae Monast de Croiland apud Ingulphum Inprimis totam Insulam Croilandiae pro Gleba Ecclesiae pro situ seperali ejusdem Monasterii Dono. Lindwood says Gleba est terra in qua consistit Dos Ecclesiae Mentioned in the Statute of 14 Car. 2. cap. 25. We most commonly take it for Land belonging to a Parish Church besides the Tythe Skene says The four Acres of Land quhilk is given to the Ministers of the Evangel in Scotland is called ane Gleeb the quhilk suld be frée fra payment of any teinds Go Is sometimes used in a special signification as to go without day and to go to God is as much as to be dismissed the Court. Broke tit Failer de Records num 1. And Kitchin fol. 193. Goaling of Uagabonds i. Sending them to the Goal Anno 35 Eliz. cap. 7. God-bote Sax. Mulcta ex delictis in Deum admissis obveniens A Fine or Amerciament for crimes and offences against God an Ecclesiastical or Church Fine Good-behavior See Good abearing Goldwith vel Goldwich In the Records of the Tower there is mention of Consuetudo Vocata Goldwith vel Goldwich but no Explication of it Ideo quare Good abearing Bonus gestus Is by a special signification an exact carriage or behavior of a Subject towards the King and his Leige People whereunto some Men upon their misbehavior or loose demeanure are sometimes bound For as Lambert in his Eiren. lib. 2. cap. 2. says He that is bound to this is more strictly bound then to the Peace because where the Peace is not broken without an afray battery or such like this surety De bono gestu may be forfeited by the number of a Mans company or by his or their Weapons or Arms whereof see more in that Learned Writer and in Crompt Just of Peace fol. 120. 127. Good Country Bona Patria Is an Assize or Jury of Countrey-men or good Neighbors Skene verbo Bona Patria Goole Fr Goulet Anno 16 17 Car. 2. cap. 11. A breach in a Bank or Sea-wal or a passage worn by the Flux and Reflux of the Sea Gorce from the Fr. Gort i. a Wear Locus in fluvio coarctatus piscium capiendorum gratia a Wear It is accorded That all such Gorces Mills Wears Stanks Stakes and Kiddles which be levied and set up in the time of King Edward the Kings Grand-father and after whereby the Kings Ships and Boats be disturbed that they cannot pass in such River as they were wont shall be out and utterly pulled down without being renewed Anno 25 Edw. 3. cap. 4. Sir Edward Coke on Littl. fol. 5. b. seems to derive it from Gurges a deep Pit of Water and calls it a Gors or Gulf. But quaere if not a mistake Gote Anno 23 Hen. 8. cap. 5. A Ditch Sluce or Gutter perhaps from the Sax. geotan Fundere Graduats Graduati Are such Schollars as have taken degrees in any University Anno 1 Hen. 6. cap. 3. Graffer Fr. Greffier i. Scriba Signifies a Notary or Scrivener and is used in the Stat. 5 Hen. 8. cap. 1. Graile Gradale seu Graduale A Gradual or Book containing some of the Offices of the Roman Church Gradale inquit Lindwodus sic dictum a gradalibus in tali libro contentis Provincial Angl. lib. 3. The word is mentioned in Plowden fol. 542. And 37 Hen. 6. fol. 32. It is sometimes taken for a Mass-Book or part of it instituted by Pope Celestine Anno 430. according to Cotgrave Grand Assize See Assize and Magna Assisa Grand Cape See Cape and Attachment Grand days Are one in every Term solemnly kept in the Inns of Court and Chancery viz. Candlemas-day in Hillary Term Ascension-day in Easter Term S. John Baptist-day in Trinity Term and All-Saints in Michaelmas Term and these are Dies non juridici no days in Court Grand Distress Districtio Magna Is so called not for the quantity for it is very short but for the quality for the extent is very great for thereby the Sheriff is commanded Quod distringat tenentem ita quod ipse nec aliquis per ipsum ad ea manum apponat donec habuerit aliud praeceptum quod de exitibus eorundem nobis respondeat quod habeat corpus ejus c. This Writ lies in two Cases Either when the Tenant or Defendant is attached and so returned and appears not but makes default then a Grand Distress is to be awarded or when the Tenant or Defendant hath once appeared and after makes default then this Writ lies by the Common Law in lieu of a Petit Cape 2 Part. Inst fol. 254. Anno 52 Hen. 3. cap. 9. Westm 1. cap. 44. Grand Sergeanty See Chivalry and Sergeanty Grange Grangia Is a House or Farm not onely where are necessary places for all manner of Husbandry as Stables for Horses Stalls for Cattle c. But where are Barns and Granaries for Corn Haylofts c. And by the Grant of a Grange which is often in Conveyances such places will pass Provinc Angl. lib. 2. tit de Judiciis ca. Item omnis Grant Concessio Signifies a Gift in writing of such a thing as cannot aptly be passed or conveyed by word onely As Rent Reversions Services Advowsons in Gross Tythes c. or made by such persons as cannot give but by Deed as the King and all Bodies Politick which differences are often in speech neglected and then it is taken generally for every gift whatsoever made of any thing by any person and he that grants it is called the Grantor and he to whom it is made the Grantee West part 1. Symbol lib. 2. Sect. 334. And a thing is said to Lie in Grant which cannot be assigned without Deed. Coke lib. 3. Lincoln-Colledge Case Great Men Are most commonly understood to be the Temporal Lords of the Higher House of Parliament As Anno 43 Edw. 3. cap. 2. and 8 Rich. 2. in Proaem And sometimes of the Members of the House of Commons as Anno 2 Rich. 2. stat 2. Greathbreach or Greachbreach Is mistaken by Saxton in his Description of England cap. 11. And by Rastal for Grith-breche which Vide. Grée Fr. Gre i Will allowance or liking Signifies agreement contentment or good-liking As to make gree to the parties is to satisfie them for an offence done Anno 1 Rich. 2. cap. 15. And in 25 Edw. 3. cap. 19.
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has taken any Bondman or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes 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 and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Circa haec tempora processit in publicum novae inquisitionis breve quod anglicè dicitur Trail-baston contra Intrusores Conductitios hominum vapulatores conductitios seisinae captores pacis infractores raptores incendiarios murduratores pugnatores Multi hoc perempti multi redempti multi noxii pauci innoxii sunt inventi Adeo quidem rigidè processit hujuâ—â—â—ertionis justitia quod pater proprio filio non parceret c. dira multa Hist Roffens fol. 200. de Anno 1305. By means of which Inquisitions many were punished by Death many by Ransom many fled the Realm which was thereâ—y quieted and the King gained great riches towards the support of his Wars See Matth. Westm in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey Sociis suis Justic apud St. Albanum Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss verbo Trail-baston Justices of the Pavilion Justiciarii Pavilonis Are certain Judges of a Pyepowder Court of a most transcendent Jurisdiction anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City by vertue of Letters Patent granted by Edward the Fourth Episcopos Wynton successores suos a tempore quo c. Justiciarios suos qui vocantur Justiciarii Pavilonis cognitiones placitorum aliorum negotiorum eadem Feriâ— Durante nec non claves partarum custodiam praedictae Civitatis nostrae Wynton pro certo tempore Feriae illius nonnullas alias libertates immunitates consuetudines habuisse c. See the Patent at large in Prynnes Animad on 4 Inst fol. 191. Justices of the Peace Justiciarii ad pacem Are those who are appointed by the Kings Commission to attend the Peace of the County where they dwell of whom some for special respect are made of the Quorum because some business of importance may not be dispatched without the presence or assent of them or one of them See Quorum The Office and Power of these is various and grounded upon several Statutes too long to recite They were called Guardians of the Peace till the Thirty sixth year of Edward the Third cap. 12. where they are called Justices Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace Justices of Peace Within Liberties Justiciarii ad pacem infra Libertates Are such in Cities and other Corporate Towns as those others of the Counties and their Authority or power is all one within their several Precincts Anno 27 Hen. 8. cap. 25. Justiciar Fr. Justicier A Justice or Justicer The Lord Bermingham Justiciar of Ireland Baker fol. 118. Justicies Is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County Court of which by his ordinary power he cannot hold Plea there Fitz. Nat. Br. fol. 117. Kitchin fol. 74. says That by this Writ the Sheriff may hold Plea of a great sum whereas of his ordinary authority he cannot hold Pleas but of sums under Forty shillings with whom Crompton agrees fol. 231. It is called a Justicies because it is a Commission to the Sheriff Ad justiciandum aliquem to do a Man justice or right and requires no Return or Certificate of what he hath done Bracton lib. 4. tract 6. cap. 13. num 2. makes mention of a Iusticies to the Sheriff of London in a case of Dower See the New Book of Entries verbo Iusticies Justification Iustificatio Is a maintaining or shewing a good reason in Court why one did such a thing which he is called to answer As to justifie in a cause of Replevin Broke tit Replevin Justificators Iustificatores Will. Rex Angliae H. Camerario Justificatoribus suis omnibus suis fidelibus Norf. salutem Inquirite per Comitatum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei five Abbas Ramesiae five antecessor W. de Albenio Et si Comitatus concordaverit quod Abbas rectius praedictam forisfacturam debet habere tunc praecipio ut C. solidi quos Radul Passel implacitavit sine mora Abbati reddantur T. Episcopo Dunelmensi Sir Henry Spelman leaves it thus without explication Iustificators seem to signifie Compurgators or those that by Oath justifie the Innocency Report or Oath of another as in the case of Waging Law also Jury-men because they justifie that party on whose behalf they give their Verdict K. KAlender-Moneth Mentioned in the Stat. 16 Car. 2. cap. 7. Consists of Thirty or thirty one days according to the Kalender A Twelve-moneth in the singular number includes all the year but Twelve-moneths shall be computed according to Twenty eight days to every Moneth See Coke lib. 6. fol. 61. b. Catesbies Case and see Computation Kantref Brit. In Wales it signifies a Hundred Villages Le premer Conquereur des treis Kantrefs de la tere de Breckenoch estoit Bernard de Nefmarche Norman Mon. Angl. 1. pa. fol. 319. b. See Cantred Karle Sax. A Man and sometimes a Servant or a Clown Hence the Saxons called a Seaman a Buscarle and a Domestick Servant Huscarle This word is often found in Domesday Seldens Mare Clausum and other ancient Records from hence by corruption comes our modern word Churle Karrata faeni Mon. Angl. 1. par fol. 548. b. A Cart load of Hay See Carecta Kay Kaia Caya Sax. caeg Area in littore onerandarum atque exonerandarum navium causa e compactis tabulis trabibusque clavium instar firmata A Wharf to Land or Ship Goods or Wares at The Verb Caiare in old Writers signifies according to Scaliger to keep in or restrain and so is the Earth or Ground where Kays are made with Planks and Posts Kayage Kaiagium Portorium quod Kaiae nomine exigit Telonarius The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1. Kedel Anno 12 Edw. 4. cap. 7. See Kiddle Kéeper of the Great Seal Custos magni Sigilli Is a Lord by his Office stiled Lord Keeper of the Great Seal of England and is of the Kings Privy Council through whose hands pass all Charters Commissions and Grants of the King under the Great Seal Without which Seal many of those Grants and Commissions as to divers particulars are of no force in Law the Kings Great Seal being as the Publick Faith of the Kingdom in the high esteem and reputation justly belonging and attributed thereunto This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place Authority Preheminence Jurisdiction Execution of Laws and all other Commodities and Advantages as the Lord Chancellor of England hath Both these great Officers cannot properly be at the same time since the said Statute but before they might Yet Sir Francis Bacon was made Lord Keeper 7 Martii 1616. The Lord Chancellor Egerton then living but died the next day He is made Lord Keeper of the Great Seal Per
a long time first sending to the Sheriff of Middlesex to Summon the Party and if he could not be found there then to apprehend him wheresoever But afterwards by the contrivance of Clerks and upon a pretence of Expedition of Justice it was at last devised to put both these Writs into one and so to attach the party complained of upon a Supposal or Fiction that he was not within the County of Middlesex but lurking elswhere and that therefore he was to be apprehended in any place else where he was presumed to lie hid by a Writ directed to the Sheriff of the County where he is suspected to be Launcegays Anno 7 Rich. 2. cap. 13. A kinde of offensive Weapons now disused and prohibited by the said Statute Law Lex From the Saxon Lag or Laugh The Law of England is divided into Three Parts The Common Law which is the most Ancient and General Law of the Realm Statutes or Acts of Parliament and thirdly Particular Customs I say particular for if it be the General Custom of the Realm it is part of the Common Law Coke on Littl. fol. 15. b. Bracton defines it to be Sanctio justa jubens honesta prohibens contraria And the Divine Schoolman says Lex humana est quoddam dictamen rationis quo diriguntur humani actus See Merchenlage Law hath also a special signification wherein it is taken for that which is lawful with us and not elswhere As Tenant by the curtesie of England Anno 13. Edw. 1. cap. 3. To Wage Law Vadiare Legem and to make or do Law Facere Legem Bracton lib. 3. tract 2. cap. 37. When an Action of Debt is brought against one upon some secret Agreement or Contract as in an Action of Detinue for Goods Money or Chattels lent or left with the Defendant the Defendant may wage his Law if he will that is swear and certain persons with him that he detains not the Goods or ows nothing to the Plaintiff in Manner and Form as he hath declared which is intended by Law to be onely in case of the Plaintiffs want of Evidence and when he cannot prove his Surmise by any Deed or open Act. When one wages his Law he shall bring with him so many of his Neighbors as the Court shall assign Sir Edward Coke says Eleven to swear with him That they think in their Consciences he hath sworn truly who in the Civil Law are called Compurgators The offer to make the Oath is called Wager of Law and when it is accomplished it is called The making or doing of Law See Glanvil lib. 1. cap. 9. 12. Anciently Laga was used as Latin for Law Lagam Regis Edwardi vobis reddo c. Magna Char. Hen. 1. Anno 1 Rich. 3. cap. 2. 31 Hen. 6. cap. 6. Coke on Littl. fol. 155. 295. who says it is called Wager of Law because in old time the party did ingage with surety to make his Law by such a day Legem vadiare est cautionem dare de perimplendo Legis exigentiam in re litigata ut de praestando Sacramento ad indictam diem cum indicto consacramentalium seu conjuratorum numero Spelman And was a Custom anciently used among the Egyptians as Boemus in his Book De moribus Gentium informeth us Lawyer Legista Legisperitus Jurisperitus Our Saxons called him Lahman Law of Merchants Lex Mercatoria Is become a part of the Laws of this Realm for if there be two Joynt-Merchants of Wares and Merchandise and one of them dies his Executor shall have the moyety which is not so in the case of others not Merchants Coke on Littl. fol. 182. Anno 13 Edw. 1. stat 3. 27 Edw. 3. cap. 8. Law Spiritual Lex Spiritualis Is the Ecclesiastical Law allowed by the Laws of this Realm which is not against the Common Law whereof the Kings Prerogative is a principal part nor against the Statutes and Customs of the Realm And regularly according to such Ecclesiastical Laws the Ordinary and other Ecclesiastical Judges do proceed in Causes within their Cognizance Coke on Littl. fol. 344. Law of the Staple 27 Edw. 3. stat 2. cap. 22. Is the same with Law-Merchant See 4 Inst fol. 237 238. And Staple Law of Marque Anno 27 Edw. 3. stat 2. cap. 17. From the German word March i. Limes a Bound or Limit because they that are driven to make use of this Law do take the Shipping or Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can take them within their own Bounds or Precincts See Reprisals Law-day Is otherwise called View of Frank-pledge or Court Leet Anno 1 Edw. 4. cap. 2. it is used for the County Court. Et quod terrae eorum imperpetuum quietae sint de sectis Comit atuum Hundredorum nostrorum de visu Franci plegii Lawdayorum de Turno auxilio Vicecomitum c. Carta 39 Hen. 3. m. 5. Lawing of Dogs Mastiffs must be lawed every three years Cromp. Jur. fol. 163. that is Three Claws of the Fore-foot shall be cut off by the Skin Char. Forestae cap. 6. or the Ball of the Forefoot cut out See Expeditate and Pèllota Lawless Court On Kingshil at Rochford in Essex on Wednesday morning next after Michaelmas day at Cockscrowing Is held a Court vulgarly called The Lawless Court They whisper and have no Candle nor any Pen and Ink but a Coal and he that ows Sute or Service and appears not forfeits double his rent every hour he is missing This Court belongs to the Honor of Raleigh and to the Earl of Warwick and is called Lawless because held at an unlawful or lawless hour or Quia dicta sine lege The Title of it in the Court Rolls runs thus Kingshil in Rochford ss CUria de Domino Rege Dicta sine Lege Tenta est ibidem Per ejusdem consuetudinem Ante ortum solis Luceat nisi polus Senescallus solus Nil scribit nisi culis Toties voluerit Gallus ut cantaverit Per cujus soli sonitus Curia est summonita Clamat clam pro Rege In Curia sine Lege Et nisi citò venerint Citiùs paenituerint Et nisi clam accedant Curia non attendat Qui venerit cum lumine Errat in regimine Et dum sunt sine lumine Capti sunt in crimine Curia sine cura Jurati de injuria Tenta ibidem die Mercurii ante Diem proximi post Festum Sancti Michaelis Arch angeli Anno regni Regis c. This Court is mentioned in Cam. Britan though imperfectly who says this servile attendance was imposed on the Tenants for conspiring at the like unseasonable time to raise a Commotion fol. 441. Lawless-Man Sax. Laugheles-Man exlex Is otherwise called an Outlaw Pro exlege tenebitur cum Principi non obediat nec legi tunc utlagabitur sicut ille qui est extra legem sicut Laugheles-man Bract. lib. 3. Corona
satisfy'd before Reg. of Writs fol. 299. Levari facias quando vicecomes returnavit quod non habuit emptores Is a Writ commanding the Sheriff to sell the Goods of the Debtor which he has already taken and returned that he could not sell Reg. of Writs fol. 300. a. Levy Levare Signifies to gather or exact as to levy Money and is sometimes used to erect or set up as to levy a Mill. Kitchin fo 180. Also to raise or cast up as to levy a Ditch Old Nat. Br. fol. 110. And to levy a Fine which is now the usual term but I have seen a Deed where in William St. George Esquire convenants to rere a Fine of the Mannors of Brandon and Wych-hampton Dat. 17 Hen. 6. Lex Bretoise The Law of the Britans or Marches of Wales Lex Marchiarum See Bretoyse Lex deraisnia rectius Deraisina Is the proot of a thing which one denies to be done by him and his Adversary affirms it defeating and confounding the Assertion of his Adversary and shewing it to be without and against reason or probability Juris membrum est Normannici quod in prisco ejusdem Custumario ca. 126. sic definitur Deraisina autem est Lex quaedam in Normania constituta per quam in simplicibus querelis insecutus factum quod a parte adversa ei obiicitur se non fecisse declarat Vide plura ibidem Dereyn Ley gager Anno 1 Car. 1. ea 3. Wager of Law See Law Ley Lex See Law Libel Libellus Litterally signifies a little Book but by use it is the original Declaration of any action in the Civil Law An. 1 Hen. 5. ca. 3 2 Ed. 6. ca. 13. It signifies also a scandalous report of any man cast abroad or otherwise unlawfully published in Writing but then for difference sake it is called famosus libellus an infamous Libel See Cokes Rep. lib. 5. fo 124 125. 3 Inst fo 174. See Rime Libello habendo See Copia libelli deliberanda Liber taurus A free Bull. Compertum per Jur. quod Will. de Losa fuit seisitus de libero Tauro habendo in Hamsted c. Ideo consideratum est quod praedictus W. recuperet damna sua quae taxantur per Iur. ad iv s pro imparcatione ejusdem Tauri c. Norf. 16 Ed. 1. Libera batella A free Boat Per liberam batellam hoc est habere unam cimbam ad piscand subter pontem Cestriae supra Etonam ibidem cum omni genere retium Plac. in Itin. apud Cestriam 14 Hen. 7. Libera chasea habenda Is a Writ judicial granted to a man for a free chase belonging to his Mannor after he has by a Jury proved it to belong to him Reg. of Writs judicial fo 36 and 37. Liberate Is an original Writ issuing out of the Chancery to the Treasurer Chamberlanes and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any annual pension or other summ granted under the Great Seal or to a Sheriff to deliver possession of Lands and Goods extended See Broke tit Taile d' Exchequer 4 Inst fol. 116. Libertate probanda Was a Writ that lay for such as were challenged for Slaves and offer'd to prove themselves free c. Fitz. Nat. Br. fo 77. Villenage and the several appendixes thereof viz. Infranchisement Writs de Nativo habendo Libertate probanda and the pleadings and trials relating thereunto were great Titles in the old Books but now antiquated by time Pref. to Rolls Abridg. Libertatibus allocandis Is a Writ that lies for a Citizen or Burgess that contrary to his liberty is impleaded to have his priviledge allowed Reg. of Writs fo 262. Libertatibus exigendis in itinere Is a Writ whereby the King wills the Justices in Eyre to admit of an Atturney for the defence of another Mans liberty before them Reg. of Writs fo 19. Liberum Herbagium See Herbagium Librata terrae Contains four Oxgangs and every Oxgang 13 Acres Schene verbo Bovata terrae See Fardingdeal Licence to arise Licentia surgendi Is a liberty or space of time given by the Court to a Tenant to arise out of his bed who is essoyned de malo lecti in a real action See Bracton lib. 5. Tract 2. ca. 7. 10 12. And Horns Mirror ca. des Essoins Licentia surgendi is the Writ thereupon Reg. fo 8. Licentia transfretandi Is a Writ or Warrant directed to the keepers of Dover-Port c. willing them to let such pass over-Sea who have formerly obtained the Kings Licence thereunto Reg. of Writs fo 193. Licentia concordandi Anno 12 Car. 2. ca. 12. See Kings-silver lidford-Lidford-Law Is grown to a kind of Proverb to hang men first and to indite them afterwards so called from a Town of that name in Cornwal where a Court is held which was heretofore of great extent the course whereof is very summary The like being said of Halifax in the County of York Lieftenant or Lieutenant Locum-tenens The Kings Deputy He that exercises the Kings or any other persons place or represents his person As the Lieutenant of Ireland Anno 4 Hen. 4. ca. 6. and 2 3 Edw. 6. ca. 2. Whence that Officer seems to take his beginning Lieutenant of the Ordnance Anno 39 Eliz. ca. 7. Life-rent Is a Rent or Exhibition which a Man receives either for Term of life or for sustentation of life Nota quod Eschaeta terrarum felonis post annum diem viz. his Life-rent ipso vivente computatur inter bona mobilia Skenaus ad Quon Attach ca. 18. vers 5. Lieges and Liege-people Ligati The Kings Subjects anciently so called because they owe and are bound to pay Allegiance to Him Anno 8 Hen. 6. ca. 10. 14 Hen. 8. ca. 2. and divers other Statutes yet anciently private persons had their Leiges Reinaldus Dei gratia Abbas Ramesiae Praeposito hominibus de Brancestre omnibus vicinis Francis Anglis salutem Sciatis me dedisse terram Ulf in depedene hodie Depedale buic Boselino uxori ejus Alfniae ita bene sicut homines de Brancestre illum testificant verum habuisse ea conditione quod effecti sunt homines Liges Lib. Rames Sect. 244. Omnibus c. Reginaldus Rex Insularum salutem Sciatis quod deveni homo ligeus Domini Regis Angliae Iohannis contra omnes mortales quamdiu vixero inde ei sidelitatem sacramentum praestiti Et in hujus rei testimonium hanc eartam meam inde feci T. Domino F. Wint. Episcopo M. S. penes Wil. Dugdale Ar. See Ligeancy Lierwit See Lairwite Ligeancy Ligantia From the Ital. Liga a League or Bond Vinculum arctius inter subditum Regem utrosque invicem connectens hunc ad protectionem justum regimen illos ad tributa debitam subjectionem Is such a Duty or Fealty as no man may owe or bear to more then one Lord and therefore it is most commonly
offences were sometimes transmuted into pecuniary Fines if the Friends of the party slain were so content LL. Canuti Regis Par. 1. cap. 2. Magna Assisa Eligenda Is a Writ directed to the Sheriff to summon four lawful Knights before the Justices of Assise there upon their Oaths to chuse Twelve Knights of the Vicinage c. to pass upon the Grâ—at Assise between A. Plaintiff and B. Defendant Reg. of Writs fol. 8. 〈◊〉 〈◊〉 〈◊〉 The Great Charter Granted in the Ninth year of Henry the Third and confirmed by Edward the First and other Kings The reason why it was so termed was either for the excellency of the Laws and Liberties therein contained or else because there was another Charter called the Charter of the Forest established with it which was the lesser of the two or because it contained more then many other Charters or more then the Charter of King Henry the First Or in regard of the Wars and great troubles in the obtaining of it or the great and remarkable solemnity in the denouncing Excommunication and direful Anathema's against the infringers of it See Spelmans Gloss on this word at large who calls it Augustissimum Anglicarum libertatum diploma sacra Anchora So Edward Coke says It is Magnum in Parvo and that it hath been above thirty times confirmed On Littl. fol. 81. Mahim Mahemium from the Fr. Mehaigner i. mutilare Signifies a Corporal hurt whereby a Man loseth the use of any Member that is or may be any defence to him in Battel As the Eye the Hand the Foot Scalp of the Head Foretooth or as some say any Finger or Toâ— Glanvil lib. 14. cap. 7. See Brâ—ctâ—n at large lib. 3. tract 2. cap. 24. num 3. The cutting of an Ear or Nose or breaking the hinder Teeth is no Mahim because it is rather a deforming the Body then a diminishing its strength And when the case is difficult to judge whether it be a Mahim or not the â—udges commonly behold the party wounded and sometimes take the opinion of some able Chirurgeon The Canonists call it Membri Mutilationem All agree that it is the loss of a Member or the use thereof See Skene verbo Machanium Maiden â—ents Is a Noble paid by every Tenant in the Mannor of Builth in Com. Radnor at their Marriage and it was anciently given to the Lord for his quitting the Custom of Marcheta whereby some fancy That he was to have the first Nights Lodging with his Tenants Wife But I rather suppose it be a Fine for the Licence to marry a Daughter Sir Edm. Sawyer is now Lord of this Mannor See Marcheta Maignagium from the Fr. Maignen i. Faber ararius A Brasiers-shop Idem Hâ—go tenebat unum Maignagium in forâ—â—jusdem villa c. Lib. Ramâ—s sect 265. See Cotland Though 4 Inst fol. 338. confounds Managium with Mâ—suagium Maile Anciently a kinde of Money Etiam latiuâ— accipitur nec tantum pro denariiâ— plâ—â—ibus sed portione aliqua rei fr 〈…〉 〈◊〉 annoâ—aria â—oc verè in plaga Angliae Borâ—ali Blackmaile dicitur ut pocuniario illo distinguatur Inquis capta post mortem Wil. de Coway Anno 20 Edw. 3. n. 63. Lanâ— Est in â—â—verston quoddam proficuuâ— vocat â—â—â—smales quâ—ddaâ— proficuum apud Plumpton vocat Cowmale Spel. See Blackmaile Mainour Manour or Meinour from the Fr. Manier i. manu tractarâ— Signifies the thing that a Theiâ— takes away or steals As to be taken with the Manour Pl. Cor. fol. 179. Is to be taken with the thing stoln about him Again fol. 194. it was presented that a Theife was delivered to the Viscount together with the Manour And again fo 149. If the Defendant were taken with the Manor and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any Appeal or Inditement Si dicti Servientes seu Balivâ— sui aliquem latronem pro aliquo furto ubicunque fâ—erit facto cum Mannopere infra feodum Dominii sui prâ—dicti ceperint seu attach si ille latro feloniam illam coram quatuor villat voluntarie cognoverit tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉 onem decollare dictus Dux Lanc. tunc â—abebit omnia bona sua c. Plac. apud Cestriam 31 Ed. 3. de Quo War in Maner de Halton In Old Nat. Br. fo 110. it is thus used where a Man makes a thing by Manour or levying or estoping in such case he shall have Assise where it signifies handy-labour and is but an abbreviation of Mainovery Mainpernable Bailable What Prisoners arâ— Mainpernable and what not Anno 3 Edw. 1. ca. 15. See Mainprise Maine-porte Is a small tribute commonly of Loaves of Bread which in some places the Parishioners pay to the Rector of their Church in recompence for certain Tythes See Waxshot Vicaria de Wragby in Com. Linc. consistit in toto Altaragâ—o in Ceragio vulgariter dict Waxshot in panibuâ— vulgariter dict Manport in incremento denariorum Sancti Petri vulgariter dict Fireharth Spelman Mainprise Manucaptio of the Fr. Main i. Manus Prins i. Captus Signifies the taking or receiving a Man into friendly custody who otherwise is or might be committed to Prison upon security given for his forthcoming at a day assigned As to let one to Mainprise Old Nat. Br. fo 42. Is to commit him to those that undertake his appearance at the day appointed And they that thus undertake for any are called Mainpernors because they receive him into their hands Pl. Cor. fo 178. Hence the word Mainpernable that may be thus bailed For in many cases a Man is not Mainpernable whereof see Brook tit Mainprise And Fitz. Nat. Br. fo 249. Manwood in his 1 Par. For. Laws pa. 167. makes a great difference between Bayl and Mainprise For he that is Mainprised is already said to be at large and to go at his own liberty after the day he is set to Mainprise until the day of his appearance But not so where a Man is let to Baylâ— to four or two men by the Lord Iustice in Eyre of the Foreâ—t or any other Judge until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in Prison all that time So that he that is so bailed shall not be said by the Law to be at large or at his own liberty Thus Manwood Mainprise also is an undertaking in a su 〈…〉 certain Bail answers the condeâ—nation in Civil Causes and in Criminals body for body Cottoni postâ—uma When Mainprises may be granted and when not see Cromptons Justice of P. fo 136. and Britton fol. 73. The Author of the Mirror of Iustices sayes that Pledges are those that Ball or redeem any thing but the body of a Man and Mainpernors those that free the body That pledges therefore belong properly
to real and mixt Actions and Mainpernors to personal lib. 3. ca. des Pledges Mainpernors See 4 Inst fo 179. â—ainsworn in the North signifies as much as Forsworn Brownl Rep 4. Hâ—b rep 8. Maintainor Anno 19 Hen. 7. ca. 14. Is he that maintains or seconds a Cause depending in Sute between others either by disbursing Money or making Friends for either party towards his help Maintenance Manutenentia Signifies the upholding or maintaining a Cause or Person eithor by Word Writing Countenance or Deed Metaphorically taken from the succoring a young Child that learns to go by ones hand and is used in the evil part Anno 32 Hen. 8. ca. 9. When a Mans Act in this kind is by Law accounted Maintenance and when not See Brooke tit Maintenance and Kitchin fo 202. There lies a Writ against a Man for this offence called a Wrâ—t ef Maintenance See Coke on Litt. fo 368. b. Maison dieu Fr. An Hospital or Alms-house See Meason dieu Make Facere Signifies to perform or execute as to make his Law is to perform that Law which he has formerly bound himself unto that is to clear himself of an Action commenced against him by his Oath and the Oathes of his Neighbors Old Nat. Br. fo 267. Kiâ—câ—in fo 192. Which Law seems to be borrowed of the Feudists who call those Men that swear for another in this Case Sacramenâ—ales The formal words used by him that makes his Law are commonly these Hear O ye Iustices that I do not oâ—â— this summ of Money demanded neither all nor any part thereof in Manner and Form declared So help me God and the Contents of this Book To make Services or Custom is nothing else but to perform them Old Nat. 〈◊〉 fo 14. â—alediction Maledictio A Curse which was of old usually annexed to Donations of Land made to Churches and Religious Housâ—â— Si quic autem quod no◠〈◊〉 〈…〉 c â—ostram Donationem infringero 〈◊〉 pâ—rpâ—ssâ—◠〈◊〉 gelidâ—â— glaci 〈…〉 â—â—â—tibus maligâ—orum Spiriâ—uâ—m terribiles 〈◊〉 cruciatâ—◠〈◊〉 sisse non quiâ—scaâ— nâ—sâ— priâ—â— in riguâ—â— p 〈…〉 gâ—mit 〈…〉 purâ—â—mendatione emendaâ—â—rit Carta Regis Athelstani Monast dâ— Wilâ—unâ— Anno 933. Again Bolial sâ— qâ—iâ— filiâ—â— cartaâ—â— haâ—â— j 〈…〉 〈◊〉 conscriptam inimicali zelâ— corrumperâ— deâ—idâ—r 〈◊〉 〈◊〉 non dâ—biâ—â—t a 〈◊〉 〈◊〉 mei servientibus deo nunc 〈◊〉 usque in sâ—mpiternum abdicatum excommunicatum sine fine cruciandum unde post mortem a Tartariis rapsus Ministris in profundum pestiferae mortis inferni flammigera concludetur in Domo ibidem in quandam ollam Vulcani ligatis projicietur membris quae assidue bulliente pice repleta esse testatur a talibus frangentibus seu minuentibus intolleratissime atrociterque absque ulla misericordia sentitur nisi hoc ante mortem paenitentiae lamentis emendaverit Carta Eadredi Regis Mon. Angl. 2 Par. fo 867. Quod si forte post haec aliquis haeredum meorum de biis Elemosynis a pr 〈…〉 fata Ecclesia aliquid abstulerit ex ore meo in conspectu Dei sit ille maledictus in tremendo Iudicio nisi resipuerit condemnatus Amen Carta Roberti Camerarii Comitis Richmundiae in Bibl. Cotton Malefesance From the Fr. Malfaire i. To offend or transgress A doing of evil a transgressing Crokes Rep. 2 Par. fo 266. Maletent or Maletolte Fr. Maletoste i. Malum vel indebitum Telonium In the Statute called the Confirmation of the Liberties c. Anno 25 Edw. 1. ca. 7. Is interpreted to be a Toll of 40s for every sack of Wool Stow in his Annals calls it a Maletot fo 461. See the Stat. de Tallagio non concedendo Anno 35 ejusdem Nothing from henceforth shall be taken of Sacks of Wool by color or occasion of Maletent In France they had an extraordinary Tax called Maletoste Malin See Marle Malveis procurors in Art super Chartas ca. 10. Is understood of such as use to pack Juries by nomination or other practise or procurement 2 Inst fo 561. Manbote Sax. Man-bot A recompense for Homicide or a compensation due to the Lord for the slaughter of his Man or Vassal Manbote vero i. compensatio Domino persolvenda pro homine suo occiso Anglorum lege Regi Archiepiscopo tres Marcas de hominibus eorum propriis sed Episcopo ejusdem Comitatus Consuli dapifero Regis viginti solidos Baronibus autem aliis decem solidos c. Spel. de Concil Vol. 1. fol. 622. See Hoveden parte poster annal fo 344. Bote. Manca Charta Regis Eadgari Eccles Sancti Pauli Anno 867. Indictione 15. cum lato digno pretio i. lx Mancas in auro purissimo was a square piece of Gold commonly valued at 30 pence Mancusa was as much as a Mark of Silver Notes upon Canutus Lawes id est Manucusa Coyned with the hand Manciple Manceps A Clerk of the Kitchin or Caterer An Officer anciently so called in the Inner-Temple now he is called Steward there and still in Colledges of whom Jeoffrey Chaucer our ancient Poet and a Student in this House thus A Manciple there was in the Temple Of which all Catours might taken ensemple Mandamus Is a Writ that lay after the year and day where in the mean time the Writ called Diem clausit extremum had not been sent out to the Escheator Fitz. Nat. Br. fo 253. b. See Diem clausit extremum Mandamus was also a charge to the Sheriff to take into the Kings hands all the Lands and Tenements of the Kings Widow who against her Oath formerly given Married without the Kings consent Reg. fo 295. b. See Widow Mandatary Mandatarius He to whom a Commandement or Charge is given Also he that comes to a Benefice by a Mandamus Mandate Mandatum Is a Commandement judicial of the King or his Justices to have any thing done for the dispatch of Justice whereof you may see diversity in the Table of the Register Iudicial on this word The Bishops Mandat to the Sheriff Anno 31 Eliz. ca. 9. Manentes Was anciently used for Tenentes or Tenants Concil Synodal apud Clovesho Anno 822. Also Manses or Hides of Land Cressy's Ch. History fo 723. Manning Manopera A dayes Work of a Man in some ancient Deeds I have seen reserved so much Rent and so many Mannings Manor Manerium a Manendo of abiding there because the Lord of it did usually reside there Est feodum nobile partim vassallis quos Tenentes vocamus ob certa servitia concessum partim Domino in usum Familiae suae cum jurisdictione in vassallos ob concessa praedia reservatum Quae vassallis conceduntur terras dicimus tenementales quae domino reservantur dominicales Totum vero feodum dominium appellatur olim Baronia unde Curia quae huic praeest jurisdictioni hodie Curia Baronis nomen retinet Touching its original There was antiently a certain compass of Ground granted by the
an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any Sute in Law as Praemuniri Outlary Villenage professed in Religion Excommunication or because he is a stranger born howbeit the last holds only in actions real or mixt and not in personal except he be a stranger and an Enemy The Civilians say such a Man has not Personam standi in judicio See Brooke hoc tit and Fitz. Nat. Br. fo 35. 65 and 77. Non admittas See Ne admittas Nonage Is all the time of a Mans age under one and twenty years in some cases or 14 in others as Marriage See Broke tit Age. See Age. Non capiendo Clericum See Clericum non capiendo Non-claim Is an omission or neglect of a Man that claims not within the time limited by Law as within a year and day where continual claim ought to be made or within five years after a Fine levied Vide Coke lib. 4. in Proaem and Continual Claim Non compos mentis Is a Man of no sound Memory and understanding of which there are four sorts 1. An Ideot who from his Nativity by a perpetual infirmity Is Non compos mentis 2. He that by sickness grief or other accident wholly loseth his Memory and Understanding 3. A Lunatick that has sometimes his understanding and sometimes not aliquando gaudet lucidis intervallis Lastly He that by his own act for a time deprives himself of his right mind as a Drunkard but that kind of Non compos mentis shall give no priviledge or benefit to him or his heirs and a Descent takes away the Entry of an Ideot albeit the want of understanding was perpetual Coke lib. 4. Beverly's Case Non diâ—â—ringendo Is a Writ comprizing divers particulars according to divers cases which you may see in the Table of Reg. of Writs Non est culpabilis Is the general Plea to an action of Trespass whereby the Defendant does absolutely deny the fact charged on him by the Plaintiff whereas in other special Answers the Defendant grants the fact to be done but alleages some reason in his defence why he lawfully might do it And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the Sute of the King or other wherein the Defendant denies the Crime objected to him See New Book of Entries tit non Culp Stamf. pl. Cor. lib. 2. ca. 62. Non est factum Is a Plea to a Declaration whereby a Man denies that to be his deed whereupon he is impleaded Brooke hoc titulo Non implacitando aliquem de libero tenemento fine brevi Is a Writ to inhibit Bailiffs c. from Distreming any Man without the Kings Writ touching his Freehold Reg. of Wrtis 171. b. Non intromittendo quando breve Praecipe in capite subdole impetratur Is a Writ which had dependence on the Court of Wards and therefore now obsolete Reg. of Writs fo 4. b. Non merchandizando victualia Is a Writ directed to the Justices of Assise commanding them to enquire whether the Officers of such a Town do sell Victuals in gross or by retain during their Office contrary to the Statute and to punish them if they find it true Reg. of Writs fo 184. Non molestando Is a Writ that lies for him who is molested contrary to the Kings protection granted him Reg. of Writs fo 24. Non obstante notwithstanding Is a word or clause usual in Statutes and Letters Patent All grants of such PensioÌ„ns and every non obstante therein contained shall be void Stat. 14 Car. 2. ca. 11. v. 3 Part Crokes Rep. fo 196. and Plow Com. fo 501 502. In Henry the Thirds time says Sir Richard Baker the Clause non obstante brought in first by the Pope was taken up by the King in his Grants and Writings See Pryns Animadversions on fourth Inst fo 129. Non omittas Is a Writ lying where the Sheriff delivers a former Writ to a Bailiff of a Franchise in which the party on whom it is to be served dwels and the Bailiff neglects to do it In this case the Sheriff returning that he delivered it to the Bailiff this shall be directed to the Sheriff charging him to execute the Kings command himself Old Nat. Br. fo 44. Of this the Reg. of Writs has three sorts fo 82. b. 151. Non ponendo in Assisis Juratis Is a Writ founded upon the Stat. Westm 2. ca. 38. and the Stat. Articuli super Chartas ca. 9. which is granted upon divers causes to Men for the freeing them from serving upon Assises and Juries as by reason of old age c. See Fitz. Nat. Br. fo 165. and Reg. fo 179. 181. Non procedendo ad Assisam Rege inconsulto Is a Writ to stop the Trial of a Cause appertaining to one who is in the Kings service c. until the Kings pleasure be farther known Reg. fo 220. Non residentia pro Clericis Regis Is a Writ directed to the Ordinary charging him not to molest a Clerk imployd in the Kings Service by reason of his Non-residence Reg. of Writs fol 58. b. Non Residence Anno 28 Hen. 8. cap. 13. Is applied to those Spiritual Persons that are not Resident but do absent themselves by the space of one Moneth together or two Moneths at several times in one year from their Dignities Prebends or Benefices For Regularly Personal Residence is required of Ecclesiastical Persons upon their Cures See 2 Part Instit fol. 625. Non solvendo pecuniam ad quam Clericus mulctatur pro non Residentia Is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the Kings for Non-residency Reg. of Writs fol. 59. Non-sute i Non est Prosecutus c. Is a Renunciation of the Sute by the Plaintiff or Demandant most commonly upon the discovery of some Error or Defect when the Matter is so far proceeded in as the Jury is ready at the Bar to deliver their Verdict Anno 2 Hen. 4. cap. 7. See the New Book of Entries verbo Nonsute The Civilians term it Litis Renunciationem Non-tenure Is an Exception to a Count by saying That he holdeth not the Land mentioned in the Count or at least some part of it Anno 25 Edw. 3. stat 4. cap. 16. West par 2. Symb. tit Fines sect 138. Mentions Non-tenure general and Non-tenure special This is an Exception alleaging that he was not Tenant the day whereon the Writ was purchased General is where one denies himself ever to have been Tenant to the Land in question See New Book of Entries Aerbo Non tenure Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae Is an Exception taken to any Act declared by the Plaintiff or Demandant to be done by another and whereon he grounds his Plaint or Demand And the effect of
it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâ—isum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the common-Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. 〈◊〉 Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the common-Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
return of Cattle to the owner unjustly taken by another as Damage-Feisant and so found by the Jury before Justices of Assise in the County or otherwise by default of Prosecution For which see Reg. of Writs Judic fol. 27. â—eve alias Greve Germanicè Grave Sax. gerefa Praefectus Praepositus Signifies the Bailiff of a Franchise or Mannor especially in the West parts Hence Shire-reve a Shiref See Kitchin fol. 43. See Greve and Shiref and Tun-greve See Verstegan cap. 10. and Church-reve Reveland See Teinland Revenue Fr. Revenu Signifies properly the Yearly Rent and Profits that accrews to every Man from his Lands and Possession Reversion Reversio Signifies a returning again Therefore Reversio terrae est tanquam terra revertens in possessione Donatori sive haeredibus suis post donum finitum Coke on Littl. fol. 142. b. It hath a double acception the one is Jus revertendi cum status possessionis defecerit and this is but an interest in the Land when the Occupation and Possession of it shall fall and so it is commonly taken 2. When the Possession and Estate which was parted with for a time ceaseth and is determined in the persons of the Alienees Assignees Grantees or their Heirs or effectually returns to the Donor his Heirs or Assigns whence it was derived This is the most proper signification of the word which is derived from Revertor apte dici non potest Reversio antequam revertatur in facto See Littl. lib. 2. cap. 12. And see Remainder Review Fr. Reveue A Bill of Review in Chancery is where the Cause hath been heard and the Decree signed and enrolled and some Error in Law appears in the Body of the Decree or new matter discovered in time after the Decree made Which Bill must be exhibited by leave of the Court and not otherwise Coll. of Orders in Chanc. pag. 69. Reviving Is a word metaphorically applied to Rents and Ac 〈…〉 and signifies a renewing them after they 〈◊〉 extinguished Whereof see divers examples in Brook tit Revivings of Rents Action c. fol. 223. Bill of Revivor Is where a Bill hath been exhibited in Chancery against one who answers and before the Cause is heard or if heard the Decree be not inrolled and either party dies In this Case a Bill of Revivor must be brought to the end the former proceedings may stand Revived and the Cause be finally determined Revocation Revocatio Is the recalling a thing granted Of which you have divers in the Register of Writs As Revocationem brevis de audiendo terminando fol. 124. Revocationem Praesentationis fol. 304 305 c. Rewey Anno 43 Eliz. cap. 10. So as the same Cloaths being put in water are found to shrink Rewey Squally Cockling Light and notable faulty c. i. Unevenly wrought or full of Rews Ribaud Fr. Ribauld A Rogue Rascal Fornicator Whoremonger Rot. Parl. 50 Edw. 3. num 61. Petition against Ribauds and sturdy Beggars Rider-Roll See in Roll. Ridge or Rig of Land Riga Terram quam è pluribus sulâ—u in aggâ—rem efferunt arantes ita ut sicca sedes frumentis habeatur Romani strigam atque inde agros strigatos nos a Ridge of Land Spel. Yet I have seen in the Exemplification of a Writ of Partition Anno 20 Eliz. Teste Jacobo Dyer Mil. unam acram terrae arabil continen quinque porcas terrae Anglico Ridges Ridings Are the names of the Parts or Divisions of Yorkshire being three viz. East-Riding West-riding and North-Riding and mentioned in the Statute of 22 Hen. 8. cap. 5. and 23 Ejusdem cap. 18. In Indictments in that County it is requisite that the Town and the Riding be expressed West par 2. Symb. tit Indictnents sect 70. Q. Riens passe per le fait Is the form of an Exception taken in some Cases to an Action See Brook tit Estraunger al fait ou Record Riens arrear Is a kinde of Plea used to an Action or Debt upon Arrearages of Account whereby the Defendant does alleage that there is nothing arrear Book of Entries Riens per descent i. Nothing by descent Is the Plea of an Heir where he is sued for his Ancestors Debt and hath no Land from him by descent See 3 Part Cokes Rep. fol. 151. Riens deins le gard Was a challenge to a Jury or Enquest within London c. But it is abrogated by the Statute 7 Hen. 7. cap. 5. Rier County Retro comitatus From the Fr. Arriere i. Posterior in the Stat. 2. Edw. 3. cap. 5. is opposite to open County And by comparing that Statute with West 〈…〉 2. cap. 38. it appears to be some publick place which the Sheriff appoints for Receipt of the Kings Money after the end of his County Fleta says it is Dies crastinus post comitatum Lib. 2. cap. 67. Right Jus In general signification includes not onely a right for which a Writ of Right lies but also any Title or Claim either by force of a condition Morgage or the like for which no Action is given by Law but onely an Entry Coke on Littl. lib. 3. cap. 8. sect 445. 447. There is Jus Proprietatis A Right of Ownership Jus Possessionis A Right of Seisin or Possession And Jus Proprietatis Possessionis A Right both of Property and Possession which was anciently called Jus Duplicatum See Recto Droit Right in the Court See Rectus in Curia Rime Rima Is taken for a mean kinde of Verse commonly made by some unskilful Poetaster Of a Libellous and Rebellious Rime I have thought fit to insert this Abstract of an ancient and memorable Record Placita coram Domino Rege apud Ebor. de Termino Pasche Anno Regni Regis Ricardi Secundi 16. Quamplurimi de Cotingham Villis circumjacentibus indictantur quod ipsi alligati fuerint quilibet ad alterum sustinendum manutenendum omnes querelas suas versus quoscunque Et quod modo guerrino obsiderunt villam de Kingston super Hull pontes circumjacentes diripuerunt ita quod nullus ire vel redire posset ad dictam villam ac insuper fecerunt Rimam in Anglicis verbis dictam Rimam publice apud Beverley proclamari fecerunt die c. quae Rima sequitur in haec verba IN the Countrey hard was we That in our Soken shrews should be With all for to bake Among you Friers it is soe And other Orders many moe Whether they sléep or wake And yet will ilke an help up other And maintain him al 's his brother Both in wrong and right And also will in strand and stoure Maintain our Neighbour With all our might Ilke Man may come and goe Among us both to and fro Say you sickerly But bethning wil we suffer none Neither of Hob nor of John With what may he merry be For unkinde we ware If we suffered lesse or mare Any villan hethning But it were quite double again And accord and be â—ul faine To byde dressing And on that
Coronatoris Inquirendum est per 12 Juratos pro Rege super Sacramentum suum quod fideliter presentabunt sine ullo concelamento omnes fortunas â—i fortuito occisos abjurationes Appella Murdra Sacrobarra felonias factas per quos quot c. Quaere If Sacrobarra be not the same with Sacrilegia Safe Conduct Salvus Conductus Is a security given by the Prince under the Broad Seal to a stranger for his quiet coming in and passing our of the Realm Touching which you may see the Statutes Anno 15 Hen. 6. cap. 3. 18 Ejusdem cap. 8. 28 Hen. 8. cap. 1. and the Form of it in Reg. of Writs fol. 25. Safe-guard See Salva-guardia Safe-pledge Salvus Plegius Is a Surety given for a Mans appearance against a day assigned Bracton lib. 4. cap. 2. num 2. Where it is also called Certus Plegius Sagibaro alias Sachbaro The same we now call Justiciarius It signifies as much as Vir causarum vel causis litibus praepositus LL. Inae Regis Anglo-Saxonis cap 6. MS. Sagitta Barbata A Bearded Arrow Reddendo inde annuatim pro omni servitio sex Sagittas Barbatas ad Festum Sancti Michaelis c. Carta Hugonis de Logiis sine Dat. Sailing Ware Anno 1 Rich. 3. cap. 8. Seems to be Canvas or such kinde of Cloath as Sails for Ships are made of Saka Hoc est Quod Prior habet emendas amerciamenta de transgressionibus hominum suorum in Curia sua litigantium tam liberorum quam Villanorum Reg. Priorat de Cokestord See Sax. Salary Salarium Is a recompence or consideration made to a Man for his pains or industry bestowed on another Mans business The word is used Anno 23 Edw. 3. cap. 1. Salet Is a Head-peece Anno 4 5 Phil. Mar. From the Fr. Salut i. Salus Mentioned also 20 Rich. 2. cap. 1. viz. Sallet or Scul of Iron c. Otherwise called a Moriam or Pot. Salarium Lat. Custom paid for Salt Camden Salina A Salt-pit or Vate a House or place where Salt is made In Herbagiis Piscariis in Salinis Fabricis in minariis ferreis c. Carta 17 Edw. 2. num 28. Salique Law Lex Salica De terra Salica nulla portio haereditatis mulieri veniat sed ad virilem sexum tota terrae hereditas perveniat c. Was an ancient Law made by Pharamund King of the Franks Part of which appears to have been borrowed by our Henry the First in compiling his Laws as Cap. 89. Qui hoc fecerit secundum Legem Salicam moriatur c. Salmon Pipe Anno 25 Hen. 8. cap. 7. Is an Engin to catch Salmons or such like Fish Salmon Sewse Seems to be the young Fry of Salmon Quasi Salmon issue Anno 13 Rich. 3. stat 1. cap. 19. Saltatorium A Deer-leap Clamat habere liberum Parcum suum apud Halton cum duobus Saltatoriis in eodem Pl. apud Cestriam 31 Edw. 3. Saltus Highwood See Boscus Salva Guardia Is a Protection given by the King to a stranger fearing the violence of some of His Subjects for seeking His Right by course of Law the form whereof see in Reg. of Writs fol. 26. Salvage Money Is a recompence allowed by the Civil Law in lieu of all damages sustained by that Ship that rescues or saves another which was set upon by Pyrates or Enemies Salute Salus Was a Coin made by our King Henry the Fifth in France after his Conquests there whereon the Arms of France and England were quarterly stamped Bakers Chron. fol. 187. Sanctuary Sanctuarium Is a place priviledged by the Prince for the Safe-guard of Offenders lives being founded on the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such Priviledge See Stamf. Pl. Cor. lib. 2. cap. 38. P. Bonifacius 5. jussit Aras Ecclesias esse asyla reis says Platina Among all other Nations our ancient Kings of England seem to have attributed most to these Sanctuaries permitting them to shelter such as had committed both Felonies and Treasons So that within forty days they acknowledged their fault and submitted themselves to banishment During which time if any Layman expelled them he was excommunicated if any Clerk he was made irregular But after forty days no Man might relieve them See New Book of Entries verbo Sanctuary and Fleta lib. 1. cap. 29. How by degrees they have been taken away See the Statutes 26 Hen. 8. cap. 13. and 28 Ejusdem cap. 7. 32 Ejusdem cap. 12. and 33 Ejusdem cap. 15. 1 Edw. 6. ca. 12 2 Ejusdem ca. 2. 33. and 5 Ejusdem cap. 10. See Abjuration Saint Johns of Beverley in Yorkshire had an eminent Sanctuary belonging to it which the Saxons called Fridstol q. Sedes Pacis So had St. Martins le Grand in London 21 Hen. 8. cap. 16. And Rippon had the like for which see Frodmortel Sand-gavel Is a payment due to the Lord of the Mannor of Rodely in Com. Gloc. for Liberty granted to the Tenants to dig Sand for their uses Taylors Hist of Gavelkind fol. 113. Sarplar of Wool Sarplera Lanae otherwise called a Pocket Is half a Sack a Sack eighty Tod a Tod two Stone and a Stone fourteen Pound See Fleta lib. 2. cap. 12. This in Scotland is called Serpliathe and contains eighty Stone See Skene verbo Serpliathe and 3 Part Inst fo 96. Sasse Annis 16 17 Car. 2. ca. 12. is a kind of Wear with Floudgates most commonly in Navigable and Cut Rivers for the damming and loosing the stream of Water as occasion requires for the better passing of Botes and Barges to and fro This in the West of Englad is called a Luck and in the River Lee less properly a Turnpike and in some places a Sluce Saterdays-stop Is a space of time in which of old it was not lawful to take Salmons in Scotland and the North of England that is from Evensong on Saturday till Sun-rising on Munday MS. Sauer default i. To excuse a defalt which is properly when a man having made defalt in Court comes afterwards and alleadges good cause why he did it as Imprisonment at the same time or the like New Book of Entries on this word Saunkefin from the Fr. Sang i. Sanguis Fin. Finis Is a word used by Britton ca. 119. for the determination or final end of the lineal Race or descent of a Kindred Saxonlage or Seaxenlage Seaxenlaga lex Saxonum See Merchenlage Scandalum Magnatum Is the special name of a Scandal or wrong done to any high Personage of the Realm as Prelates Dukes Earles Barons or other Nobles as also the Lord Chancellour Treasurer Steward of the House Clerk of the Privy-Seal Justice of either Bench or other great Officers by false newes or Messages whereby Debates and Discords betwixt them and the Commons or any scandal to their persons may arise Anno 2 Rich. 2. ca. 5.
ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le
fol. 78. and Brook tit Severance Summons fol. 238. There is also Severance of the Tenants in an Assise when one two or more Disseisors appear upon the Writ and not the other New Book of Entries fol. 81. And Severance in Attaints eodem fol. 95. And Severance in Debt fol. 220. where two Executors are named Plaintiffs and the one refuseth to prosecute Severance of Corn is the cutting and carrying it from off the Ground and sometimes the setting out the Tythe from the rest of the Corn is called Severance See Crokes Rep. 2 Part fol. 325. Several Tayl Tallium Separatum Is that whereby Land is given and entailed severally to two For example Land is given to two Men and their Wives and to the Heirs of their Bodies begotten the Donees have joynt-estate for their two lives yet they have several inheritance because the issue of the one shall have his moyety and the issue of the other the other moyety Several Tenancy Tenura Separalis Is a Plea or Exception to a Writ that is laid against two as Joynt who are indeed several Brook hoc tit fol. 273. Sewer Severa Sewera Est fossa in locis palustribus ducta ad aquas eliciendas c. A Passage or Gutter to carry Water into the Sea or a River Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as by authority under the Great Seal see Drains and Ditches well kept and maintained in the Marish and Fen Countreys for the better conveyance of the Water into the Sea and preserving the Grass upon the Land for Food of Cattle See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem cap. 11. Touching the Draining the Great Level in the Fens called Bedford Level and the authority of the Governor Bailiff c. As Commissioners of Sewers Sextary Sextarius Was an ancient Measure containing about our pint and a half according to the Latin Dictionary the City now Town of Leicester paid inter al. to the King yearly Twenty five Measures called Sextaries of Honey as we read in Domesday And in Claus 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini Et unum Sextrium Salis apud Wainflet Mon. Angl. 2 par fol. 849. b. Decem Mittas brasii quatuor Sextarios Avenae ad praebendam Idem 1 par fol. 136. b. Where it seems to have been used for a much greater quantity A Sextary of Ale contained xvi Lagenas See Tolsester Sexagesima See Septuagesima Shack Is a Custom in Norfolk to have Common for Hogs from the end of Harvest till Seed time in all Mens Grounds without control Cokes 7 Rep. fol. 5. Corbets Case And in that County To go at Shack is as much as to go at large Shares See Flotzon Sharping Corn Is a Customary gift of Corn which at every Christmas the Farmers in some parts of England give to their Smith for sharping their Plough Irons Harrow times and such like and exceeds not half a Bushel for a Plough-Land Sherbet Anno 15 Car. 2. cap. 11. Is a Compound Drink lately introduced in England from Turky and Persia and is made of Juyce of Lemmons Sugar and other ingredients Another sort of it is made of Violets Honey Juyce of Raisins c. Sherbert in the Persian Tongue signifies pleasant Liquor Shermans Craft Is a Craft or Occupation at Norwich the Artificers whereof do Shear as well Worsteads Stamins and Fustians as all other Woollen Cloth and mentioned Anno 19 Hen. 7. cap. 17. Shewing Is to be quit of Attachments in any Court and before whomsoever in Plaints shewed and not avowed Terms Ley. See Scavage Shilling Sax. scilling Among our English Saxons consisted but of Five pence Si in capillis sit vulnus longitudinis unius Unciae V. denariis i. uno solido componatur LL. H. 1. c. 39. Ship-money Was an Imposition charged upon the Ports Towns Cities Boroughs and Counties of this Realm in the time of King Charles the First by Writs commonly called ship-Ship-writs under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings service c. which by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm the Petition of Right Liberty of the Subjects c. Shipper Anno 1 Jac. sess 1. cap. 33. Is a Dutch word signifying the Master of a Ship We corrupt it into Skipper and use it for any Common Seaman Shire Comitatus From the Saxon Scir or Scyre i. To part or divide Is well known to be a part or portion of this Land called also a County Who first divided this Land into Shires see in Camd. Britan pag. 102. Of which there are in England Forty and in Wales Twelve In privilegiorum Chartis ubi conceditur quietum esse a Shiris intelligendum est de immunitate qua quis eximitur a Secta vel clientela Curiis Vicecomitum quas etiam Shiras â—â—cant prestanda vel perficienda Spel. The Assises of the Shire or the Assembly of the people of a County was called dcir-gemot by the Saxons Shirif or Shiref Vicecomes quasi Shire-reve Sax. scire-gerefa i. Pogi vel Comitatus Praepositus the Cheif Officâ—â— under the King of a Shire or County Camden in his Britan. pag. 104. thus describes his Office SIngulis vero annis Nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi Vicarium Comitis nostra lingua Shyref i. Comitatus Praepositum vocamus Qui etiam Comitatus vel Provinciae Quastor recte dici potest Ejus enim est publicas pecunias Provinciae suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Judicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Judices referunt Judices enim apud nos Juris solum non facti sunt Judices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autem jus dicunt Justiciarii quos Itinerantes ad Assisas vocant qui quot annis hos Comitatus bis adeunt ut de Causis cognoscant Carceratis Sententiam ferant Henricus secundus hos Itinerantes instituit vel potius restituit Ille ut inquit Matth. Paris consilio filii sui Episcoporum constituit Justiciarios per sex partes Regni in qualibet parte tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the Antiquity and Authority of this Officer read Cokes Rep. lib. 4. Mittons Case and Spelmans Glossarium verbo Vicecomes The Shirif was anciently chosen in the County Court by the Suffrages of the People as Knights of Parliament yet are but is now nominated by the the King See Fortescu cap. 24. fol. 53. Vicecomes dicitur quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum
in his Britan. fol. 184. there are two kindes the one called Lodeworks the other Stream-works This lies in lower Grounds when by Trenching they follow the Veins of Tin and turn aside now and then the streams of Water coming in their way The other is in higher places when upon the Hills they dig very deep Pits which they call Shafts and undermine Stréetgavel or Stretgavel i. Quilibet tenens in Manerio de Cholinton dabit 2 s. pro itu reditu MS. de temp E. 1. Every Tenant of that Mannor in Com. Sussex paid yearly 2 s. for his going out and returning into it to the Lord of the Mannor by the name of Stretgavel Mich. 4 Edw. 1. Coram Rege Antiquity of Pourveyance fol. 222. Strip Strepitus Destruction Mutilation from the Fr. Estropier i. Mutilars detruncare radicitus Strepitum vastum facere i. To make Strip and Waste or Strop and Waste See Estreapment Streteward Per Streteward Johannes Stanley Ar. clamat quod Scrvientes pacis Ministri sui in fra Feodum de Aldford capere debent de qualibet fuga catallorum iv d. Rot. Pla. in Itinere apud Cestriam 14 H. 7. See Marketzeld Strond Sax A Shore or Bank of the Sea or great River Ricardus Rex Notum facimus vobis nos concessisse Deo Sancto Albano Ecclesiae suae Sancti Oswyni de Tynemuth Cellae S. Albani Monachis ibidem Deo servientibus omnes terras suas omnes homines suos cum Sacha Soca Over Strond Streme on Wode Felde Toll Them Grithburg Hamsocne Murdrum Forestal Danegeld Infangenethef Utfangenethef Flemnensfrenieth Blodwit Wrec c. Dat. 4 Nov. Anno 1 Regni nostri apud Cant. On Stronde et Streame on Wde et Feld Voces Anglicae veteres in antiquioris avi Chartis crebro repertae Privilegium sapiunt seu potius privilegii latitudinem sive amplitudinem sic Latine Iegantur in litore in fluvio in sylva Campo Gloss in x Scriptores Strumpet Meretrix Was heretofore used for an Addition Jur. praesent c. Quod Johannes le Maynwarynge de Whatcroft de Cum. Cestriae Esq Laurentius le Waren de Davenham Esq c. Hugo de Sondebache Yoman Hopkin Norman de Com. Cestr Husband-Knave Willielmus le Birchewode de Clyve-Knave cum plurimis aliis Agnes Cawes de Medio Wico de Comitatu Cestr Strumpet Tali die domum Ranulphi Madock vi armis fregerunt c. Pla. apud Cestriam 6 Hen. 5. m. 2. in dorso Stud Libere vendendi emendi tam in Cestria quam in Comitatu Wycis ubi non fuit Lexulla omnia fine Toll Stud praeter sal equos c. Mon. Angl. 2 Par. fol. 187. b. It is probable this is the same which is elswhere written Stuth Stuth Per Stuth clamat esse quiet de exactione pecuniae a singulis villis Per Vicecom Comitat. Cestriae Pl. in Itin. ibid. 14 Hen. 7. Submarshal Submarescallus Is an Officer in the Marshalsea who is Deputy to the Cheif Marshal of the Kings-house commonly called the Knight Marshal and hath the custody of the Prisoners there Cromp. Jurisd fol. 104. He is otherwise called Under Marshal Subornation Subornatio A secret or underhand preparing instructing or bringing in a false witness or corrupting or alluring unto leudness Hence Subornation of Perjury mentioned in the Act of General Pardon 12 Car. 2. cap. 8. is the preparing bringing in or alluring unto Perjury Subornation of Witnesses 32 Hen. 8. cap. 9. 3 Part. Instit fol. 167. Subpaena Is a Writ whereby common persons are called into Chancery in such Case onely where the Common Law fails and hath not provided So as the party who in equity hath wrong can have no ordinary remedy by the Rules and course of the Common Law many examples whereof you may read in West Par. 2. Symbol tit Proceedings in Chancery sect 18. But Peers of the Realm in such Cases are called by the Lord Chancellors Letter giving notice of the Sute intended against them and requiring them to appear There is also Subpaena ad Testificandum which lies for the calling in of Witnesses to testifie in any Cause as well in Chancery as other Courts And the name of both proceeds from words in the Writ which charge the party called to appear at the day and place assigned Sub paena Centum librarum c. Cromp. Jurisd fol. 33. Anno 15 Hen. 6. cap. 4. Subsidium Cathedraticum See Cathedratic Subsidy Subsidium Signifies an Aid Tax or Tribute granted by Parliament to the King for the urgent occasions of the Kingdom to be levied of every Subject of ability most commonly after the rate of 4 s. in the pound for Land and 2 s 8 d for Goods I Do not finde that the Saxon Kings had any Subsidies collected after the manner of those this day but they had many Customs whereby they levied Money of the people or personal service toward the building and repairing of Cities Castles Bridges Military Expeditions c. which they called Burgbote Brigbote Herefare Heregeld c. But when the Danes oppressed the Land King Egelredus in the year 1007 yielded to pay them for redemption of Peace 10000 l. which after was increased to 36000 l then to 113000 l and at last to a yearly tribute of 48000 l. This was called Danegeld i. Danica solutio And for levying it every Hide of land that is every Plough-land was cessed 12 d. yearly the Church-lands excepted and thereupon it was after called Hydagium which name remained afterward upon all Taxes and Subsidies imposed upon Lands for sometimes it was imposed upon Cattel and was then called Hornegeld The Normans called both these sometimes according to the Latin and Greek word Taxes sometimes according to their own language Tallagium of talier to cut or divide And sometimes according to the word usual beyond the Seas auxilia subsidia The Conqueror had these kind of Taxes or Tallages and made a Law for the manner of levying them as appears in Emendationibus ejus pa. 125. Sect. volumus hoc firmiter c. After the Conquest these Subsidies seem to have been granted in other manner then now they are as every ninth Lamb every ninth Fleece and every ninth Sheaf Anno 14 Edw. 3. Stat. 1. ca. 20. Of which you may see great variety in Rastals Abr. Tit. Taxes Tenthes Fifteenths Subsidies c. and 4 Inst fo 28. 33. whence you may conclude there is no certain rate but as the Parliament shall think fit Subsidy is in our Statutes sometimes confounded with Custome Anno 11 Hen. 4. ca. 7. See Benevolence and 15 Car. 2. ca. 7. Sucking Per Sucking hoc est fore quiet de illis amerciamentis quando le Burlimen id est supervisores del Ringyord id est Clausur quae vocat le Chiminfildes vel common Medows praemonit fuerint ad imparcand faciend clausuras illas simul cum vicinis
suis ille qui non venit ad talem praemonitionem amerciatus erit ad pretium unius vomeris Anglice a Suck praetii quatuor denar hoc quotiescunque praemonit non venerit Pla. in Itin. apud Cestriam 14 Hen. 7. Surety of peace Securitas pacis so called because the party that was in fear is thereby secured Is an acknowledging a Bond to the Prince taken by a competent Judge of Record for the keeping of the Peace This peace a Justice of Peace may command either as a Minister when he is willed so to do by a higher Authority or as a Judge when he does it of his own power derived from his Commission Of both these see Lamb. Eiren. lib. 2. ca. 2. pa. 77. See Peace and Supplicavit It differs from Surety of good abearing in this that whereas the Peace is not broken without an affray battery or such like Surety de bono gestu may be broken by the number of a mans company his Weapons or Harness Suffragan Suffragnus Is a titular Bishop ordam'd to assist the Bishop of the Diocess in his Spiritual Function Sir Edw. Coke 2 Inst fo 79. calls him a Bishops Vice-gerent Dicuntur Episcopi qui Archiepiscopo suffragari assistere tenentur sayes Spelman Et Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur It was enacted Anno 26 Hen. 8. ca. 14. that it should be lawful for every Diocesan at his pleasure to elect two honest and discreet Spiritual persons within his Diocess and to present them to the King that he might give the one of them such Title Stile Name and Dignity of such of the Sees in the said Statute specify'd as he should think convenient c. and that every such person shall be called Bishop Suffragan of the same See c. Cam. in his Britan. Tit. Kent speaking of the Arch-bishop of Canterburies Suffragans sayes When the Arch-bishop is busied in weightier Affairs they manage for him matters that pertain to Orders onely and not to the Episcopal Jurisdiction Suite or Sute Secta Fr. Suite i. Consecutio sequela Signifies a following another but in divers sences the first is a Sute in Law and is divided into sute real and personal which is all one with Action real and personal 2. Sute of Court or Sute-service is an attendance which a Tenant owes to the Court of his Lord Anno 7 Hen. 7. ca. 2. 3. Sute-Covenant is when your Ancestor has Covenanted with mine to suâ— to his Court 4. Sute-Custome when I and my Ancestors have been seised of your and your Ancestors Sute time out of minde 5. Sutereal or regal when men come to the Sheriffs Turn or Lâ—et 6. Sute signifies the following one in Chase as fresh-sute Westm 1. ca. 46. Lastly it signifies a Petition made to the King or any great person Suite of the Kings Peace Secta pacis Regis Is the pursuing a man for breach of the Kings Peace by Treasons Insurrections or Trespasses Anno 6 Rich. 2. Stat. 2. ca. 1. and 27 ejusdem ca. 15. 5 Hen. 4. ca. 15. Suit-silver See Sute-silver Suling See Swoling Summage See Sumage Seme Sumage or Summage Sumagium Summagium a Horscload Toll for carriage on Horseback Cromp. Jur. fo 91. Forestarius capiat pro uno equo qui portat summagium per dimidium anni obolum Charta de Foresta cap. ante-penult Char. Edw. 1. num 17. Summoneas Is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Reg. judicial Summoner Summonitor Is a small Officer that calls or cites men to any Court These ought to be boni homines that is in Fleta's Judgment liberi homines ideo boni quia terras tenentes quod sint coram talibus Justiciariis ad certos diem locum secundum mandatum Justiciariorum vicecomiti directum parati inde faceri recognitionem lib. 4. ca. 5. Summons Summonitio Signifies with us as much as vocatio in jus or Citatio among the Civilians and thence is our word Sumner which in French is Somoneur i. Vocator Monitor Summons of the Exchequer Anno 3 Edw. 1. ca. 19. How Summons is divided and what circumstances it has to be observed See Fleta lib. 6. ca. 6 7. Summons in terra petita Kitchin fo 286. Is that Summons which is made upon the land which the party at whose Sute the Summons is sent forth seeks to have Summons ad Warrantizandum Dyer fo 69 nu 35. Summoneas ad warrantizandum Is the Process whereby the vouchee is called See Coke on Litt. fo 101. b. Sumptuary Laws Are Laws made to restrain excess in Apparel and prohibit costly Cloaths of which we have anciently had many in England but all repealed Anno 1 Jac. See 3 Inst fo 199. Super institution Super institutio One Institution upon another as where A. is admitted and instituted to a Benefice upon one Title and B. is admitted instituted c. by the presentment of another See Hutchins Case in Crokes Rep. 2 Par. fo 463. Superoneratione pasturae Is a Writ Judicial that lies against him who is impleaded in the County for the over-burdening a Common with his Cattel in case where he was formerly impleaded for it in the County and the Cause is removed into the Kings Court at Westm Super praerogativa Regis Is a Writ which lay against the Kings Widdow for Marrying without his Licence Fitz. Nat. Br. fo 173. Supersedeas Is a Writ which lies in divers cases and signifies in general a Command to stay or forbear the doing of that which ought not to be done or in appearance of Law were to be done were it not for the cause whereon the Writ is granted For example a man regularly is to have surety of Peace against him of whom he will Swear he is afraid and the Justice if required cannot deny it yet if the party be formerly bound to the Peace either in Chancery or elsewhere this Writ lies to stay the Justice from doing that which otherwise he might not refuse See the Table of the Reg. of Writs and Fitz. Nat. Br. fo 236. for preventing the superseding Executions See the Statute 16 17 Car. 2. ca. 8. Super Statuto Edw. 3. versus Servants and Labourers Is a Writ that lies against him who keeps my Servants departed out of my service against Law Fitz. Nat. Br. fo 167. Super Statuto de York quo nul serra viteller c. Is a Writ lying against him that uses Victualling either in Gross or by Retail in a City or Borough-Town during the time he is Mayor c. Fitz. Nat. Br. fo 172. Super Statuto 1 Edw. 3. ca. 12 and 13. is a Writ that lay against the Kings Tenant holding in Chief who alienated the Kings Land without his Licence Fitz. Nat. Br. fo 175. Super Statuto facto pour Seneshal Marshal de Roy c. Is a Writ lying
Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord Mâ—sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after Easter-day and ends the Munday next after Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur câ—rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery
nominant Travelyng-men c. Charta 22 Hen. 6. m. 34. n. 36. Item utimur quod nullus Vagabundus vagetur seu deambulet de nocte in villa seu suburbio ejusdem post pulsationem Campanae nostrae communis vocatae Coverfu Et si aliquis ibidem capiatur post pulsationem dictae Campanae ducatur ad Gaolam Domini Regis ibi morabitur usque in crastinum ut noticia personae suae habeatur emendas faciet ad voluntatem Balivorum Comburgensium per Balivos Capitales liberetur si hoc petat MS. Codex de Legibus Statutis Burgi-villae Mountgomer a tempore Hen. 2. Ualect Ualet or Uadelect Valettus vel valecta Qui juxta dominum vadit seu ministrat Fr Valet A Servitor or Gentleman of the Privy-Chamber according to Cambden In the accounts of the Inner-temple it is used for a Benchers Clerk or Servant The Butlers of the House corruptly call them Varlets In Reg. of Writs 25. b. Valettus If the Sheriff be a Vadelect of the Crown c. Coke on Lit. fo 156. Sciant Quod ego Henricus Comes Lancastriae Leicestr Senescallus Angliae Dendimus Dilecto Valetto nostro Johanni le Blount novem acras terrae cum pertin in Holland in Foresta nostra de Duffeld c. Dat. apud Hegham Ferrers 3 die Junii 5 Ed. 3. Penes Wal. Kirkham Blount Bar. Valet was anciently a name specially denoting young Gentlemen though of great descent or quality but now given to those of the rank of Yeomen Seldens titles of Honour fo 831. Ualue Valentia valor Is a known word but West gives us a nice difference betwixt value and price The value sayes he of those things in which offences are committed is usually comprized in Inditements which seems necessary in Theft to make a difference from petit Larceny and in Trespass to aggravate the fault and increase the Fine But no price of things ferae naturae may be expressed as of Deer Hares c. if they be not in Parks and Warrens which is a liberty Anno 8 Ed. 4. fo 5. nor of Charters of Land And where the number of the things taken are to be express'd in the Inditement as of young Doves in a Dove-house there must be said pretii or ad valentiam but of divers dead things ad valentiam and not pretii Of Coin not current it shall be pretii but of Coin Current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain c. Par. 2. Symbol tit Inditements Sect. 70. V. W. Ualor of Marriage Valore maritagii Was a Writ that lay for the Lord having profer'd Covenable Marriage to the Infant and he refusing it to recover the value of the Marriage Old Nat. Br. fo 90. but taken away by the Statute 12 Car. 2. ca. 24. Uantarius Praecursor As Vantarius Regis the Kings fore-foot-man Richardus Rockesle miles tenebat terras Seatoniae per Scriantiam esse Vantarium Regis in Gascoign donec perusus fuit pari solutarum precii 4 d. i. dum trivisset par calceorum pretii 4 d. Rot. de Finibus Term. Mich. 2 Ed. 2. Uariance From the Fr. Varier i. Alterare Signifies an alteration or change of condition after a thing done As the Commonalty of a Town make a composition with an Abbot and after obtain Bailiffs by grant from the King In this case if the Abbot commence any Sute for breach of the composition he must vary from the word Commonalty set down in the Composition and use Bailiffs and Commonalty Brook tit variance fo 292. It is also used for an alteration of something formerly laid in a Plea See Variance in the New Book of Entries Uarlets By a Repealed Statute of 20 Rich. 2. cap. 2. were used for Yomen or Yomen-servants See Valects and the Statute 3 Car. 1. ca. 4. Will. Hunt Varlet del Chambre nostre Seigneur le Roy. Claus 12 Rich. 2. M. 43. in dorso Uaslet Vaslettus Concordia inter Regem Radulphum de Normanvil viz. quod Rad. tenebit in servitio Regis Geroldum Radulphum milites filios suos quamdiu guerra sua duraverit per sic quod Rex ei remittat CC. Marcas quas debebant Regi Johanni de Fine pro redemptione dicti Geroldi per sic deberetur Thomas filius dicti Radulphi Vaslettus in custodia Regis qui similiter morabatur in servitio Regis cum praedictis Geroldo Radulpho fratribus suis Pat. 1 Hen. 3. in dorso M. 13. It seems here to signifie a Ward See Valect Uassal Vassallus From the Germ. Gessel i. Comes qui mercede servit Signifies him that holds Land in Fee of his Lord we call him more usually a Tenant in Fee whereof some owe fidelity and service and are called vasalli jurati But the word being little used in our Law Books make me waive that enlargement which Cowel makes upon it Uasto Is a Writ that lies for the Heir against the Tenant for life or years for making waste or for him in the reversion or remainder Fitz. Nat. Br. fo 55 See the Statute 6 Ed. 1. ca. 5. Uavasor alias Ualvasor Is one who in dignity is next a Baron Cambd. Brit. pa. 109. Bracton lib. 1. ea 8. sayes thus of them Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur vavasores viri magnae dignitatis vavasor enim nihil melius dici poterit quam vas sortitum ad valetudinem Rex c. Ballivis Petri de Pratellis de Insula Gerse Gernse c. volumus quod Episcopi Abbates Abbatissae Clerici Milites vavassores alii qui redditus tenementa habent in Insula Gersey c. quintam partem reddituum suorum unius anni c. praebeant ad sustentandum milites servientes qui praedictas Insulas defendunt Pat. 5 Joh. M. 7. See more of these in the learned Spelmans Gloss Uavasorie Vavasoria The Lands that a Vavasor held Quod dicitur de Baronia non est observandum in Vavasoria vel aliis minoribus feodis quam Baronia quia caput non habent sicut Baronia Bract. lib. 2. cap. 39. Ueal-Money or Ueal noble Money The Tenants of one of the Tithings within the Mannor of Bradford in Com. Wilts pay a yearly Rent by this name to their Lord the Marquess of Winchester which is in lieu of Veal paid formerly in kinde Uejours Visores from the Fr. Veoir i. Cernere intueri Are those that are sent by the Court to take view of any place in question for the better decision of the right Old Nat. Br. fol. 112. So Bracton uses it Lib. 5. tract 3. cap. 8. It signifies also those that are sent to view such as Essoign themselves De malo lecti whether they are in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. 14. Lastly
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
mansionum connexione quod in oppidis potius expetendum esset successivis temporibus villis postea introductum est Spelman Vill and Parish shall be intended all one 2 Part Crokes Rep. Wreys Case fo 263. yet there may be two Vills in one Parish idem fo 120. Storks Case Uillain Villanus Fr. Vilain i. Illiberalis vilis impurus Signifies a Bondman of which there were two sorts in England one termed a Villain in gross who was immediately bound to the person of his Lord and his heirs the other a Villain regardant to a Mannor whom the Civilians term Glebae adscriptitium being bound to their Lord as Members belonging to and annexed to a Mannor whereof the Lord was owner Sir Thomas Smith Repub. Angl. lib. 3. ca. 8. Old Nat. Br. fo 8. Bracton lib. 1. ca. 6. num 4. He was properly a pure Villain of whom the Lord took redemption to marry his Daughter and to make him free and whom the Lord might put out of his Lands and Tenements Goods and Chattels at his will and beat and chastise but not maim him There are not properly any Villains now though the Law concerning them stands un-repealed We have rarely heard of any Case of Villenage since Crouches Case in Dyer See Preface to Rolls Abridgment Servorum enim Nativorum apud nos sublata est conditio quas ideo possidebant terras vel praedia hodie libere tenent sub antiquae servitutis consuetudinibus Spel. Omnibus Frater Mathaeus Abbas de Halesoweign Conventus ejusdem loci salutem Noveritis nos unanima voluntate concensu fecisse Johannem del Grene de Rug eakur liberum cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis Ita vero quod praefatus Johannes cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis ab omni jugo servitutis liberi maneant imperpetuum In cujus â—ei testimonium huic literae libertatis sigillum nostrum apposuimus Dat. 31 Ed. 3. Ex ipso Autographo penes Johannem Winsord Mil. Uillanis Regis subtructis reducendis Was a Writ that lay for the Soringing back of the Kings Bondmen that had been carryed away by others out of his Mannors whereto they belonged Reg. of Writs fo 87. b. Uillanous Judgment Villanum Judicium Is that which casts the reproach of villany and shame upon him against whom it is given as a Conspirator c. Stamf. Pl. Cor. lib. 3. ca. 12. fo 175. which Lam. in his Eiren. lib. 1. ca. 13. pa. 63. calls villanous punishment and sayes it may well be called villanous because the Judgment in such a case shall be like the ancient Judgment in Attaint as it is said Anno 4 Hen. 5. Fitz. Judgment 220 and in 27 lib. Assis pl. 59. is set down to be that they shall not be of any credit afterward nor lawful for them in person to approach the Kings Court and that their Lands and Goods be seised into the Kings hands their Trees rooted up and their Bodies imprisoned c. And at this day the punishment appointed for Perjury having somewhat more in it then corporal or pecuniary pain strotching to the discrediting the testimony of the Offendor for ever may be partaker of this name This and such like is elsewhere termed vile odibile Judicium See Pillory Uillein fleeces Anno 31 Edw. 3 ca. 8. Are bad fleeces of Wool that are shorn from scabb'd Sheep Uillenage Villenagium Signifies a servile kind of tenure of Lands or Tenements whereby the Tenant was bound to do all such services as the Lord commanded or were fit for a villain to perform ubi sciri non poterit vespere quale servitium fieri debet mane Bracton lib. 2. ca. 8. num 3. The division of Villenage was villain of Blood and of Tenure Tenure in Villenage could make no Freeman villain if it were not continued time out of mind nor free land make villain free Villenage is also divided by Bracton ubi supra into Purum villenagium a quo praestatur servitium incertum indeterminatum as above is said and Villenagium Soccagium which was to carry the Lords Dung into his Fields to plow his ground at certain dayes Sow and Reap his Corn c. and even to empty his Jakes as the Inhabitants of Bickton were bound to do those of Clun Castle in Shropshire which was afterwards turned into a Rent now called Bicton silver and the villanous service excused Placita de Banco a die Pasche in 15 dies 34 Hen. 3. Rot. 20 Berks. WIll Maynard qui tenuit terras in Heurst cognoscit se esse Villanum Abbatis de Abbendon tenere de eo in Villenagio per villanas consuetudines viz. per servitium 18 d. per annum dandi Maritagium Marchetum pro filia sorore sua ad voluntatem ipsius Abbatis faciendo omnes villanas consuetudines Copyholders or Tenants by Copy is but a new name for anciently they were called Tenants in Villenage or of base Tenure Fitz. Nat. Br. fo 28. C. Uinnet Anno 14 Car. 2. ca. 33. A kind of flower or border with which Printers use to garnish printed leaves Uirgata terrae Al. Virga terrae A Yard-land MS. Codex Decem acrae terrae faciunt secundum antiquam consuetudinem unam ferdellam quatuor ferdellae faciunt virgatam See Yardland Uiridario eligendo Is a Writ that lies for the choice of a Verderor in the Forest Reg. of Writs fo 177. Uirilia A mans privy-members the cutting off of which was Felony by the common-Common-Law according to Bracton lib. 3. fo 144. whether the party consented or not Henricus Hall A. uxor ejus capti detenti in prisona de Evilchester eo quod rectati fuerint quod ipsi absciderunt virilia Johannis Monacbi quem idem Henricus deprehendit cum praedicta A. uxore ejus Rot. Claus 13. Hen. 3. m. 9. Uirga ferrea Sciant quod ego Hamundus Urri dedi Nich. filio Edde pro viii 5. sterlingis quos mihi dedit prae manibus unam placetam terrae meae in vico versus Dustelee quae jacet inter terram meam terram Philippâ— filiâ— Heylin cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium totidem aretro c. Ex libro Cart. Prior. Leominstr This was so many yards according to the Kings Standard in the Exchequer which anciently was of Iron now Brass Uisitation Visitatio Is that Office or Action which is perform'd by the Bishop in every Diocess once in every three years or by the Arch-deacon once a year by visiting the Churches and their Rectors c. Ut populus illorum curae commissus salubriter a pastoribus ordine gubernetur Reform Leg. Eccles fo 124. Ne quid detrimenti capiat Ecclesia sayes another Author Uisitation of Manners Visitatio