paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
or out of Lands For he is truly said to have an interest in them Coke on Litt. fo 345. b. Interlocutory Order Ordo interlocutorius Is that which non definit controversiam sed aliquid obiter ad causam pertinens decernit As where an Order is made by motion in Chancery in a Sute there depending for the Plaintiff to have an Injunction to quiet his possession till the hearing of the Cause This or any such like order which is not final is call'd interlocutory Interpleder See Enterpleder Intestates Intestati There are two kinds of Intestates one that makes no Will at all another that makes a Will and Executors and they refuse in which case he dies quasi intestatus 2 Part Inst fol. 397. Intiertie See Entierty Intrusion Intrusio Is when the Ancestor dies seiz'd of any Estate of inheritance expectant upon an estate for life and then Tenant for life dies between whose death and the entry of the Heir a stranger does interpose himself and intrude Coke on Litt. fo 277. To the same effect is Bracton lib. 4. ca. 7. Intrusio est ubi quis cui nullum jus competit in re nec scintilla juris possessionem vacuam ingreditur c. See him at large and Fleta lib 4. ca. 30. Sect. 1 2. Britton ca. 65. See Abatement Entrusion and the Stat. 21 Jac. ca. 14. Intrusione Is a Writ that lies against the Intruder Regist fo 233. Invadiationes Morgages or Pledges Confirmamus eis omnes alias donationes venditiones invadiationes eis rationabiliter factas Mon. Angl. 1. pa. fo 478. a. Inventarie Inventarium Is a list or repertory orderly made of all dead mens goods and Chattels prized by four credible Men or more which every Executor or Administrator ought to exhibit to the Ordinary at such time as he shall appoint West Part 1. Symbol lib. 2. Sect. 696. where likewise you may see the form This Inventary proceeds from the Civil Law for whereas by the ancient Law of the Romans the Heir was tied to answer all the Testators Debts by which means Inheritances were prejudicial to many men Justinian to encourage men the better to take upon them this charitable Office ordain'd That if the Heir would first make and exhibit a true Inventary of all the Testators Substance coming to his hands he should be no farther charged then to the value of it Lib. ult Cod. de Jure deliberando In ventre sa mere Fr. In the Mothers Belly Is a Writ mentioned in the Register of Writs and in Anno 12 Car. 2. ca. 24. Invest from the Fr. Invester Signifies to give possession Investitura proprie dicitur quando hasta vel aliquod corporeum traditur a Domino sayes the Feudist lib. 2. tit 2. We use likewise to admit the Tenant by delivering him a Verge or Rod into his hands and ministring him an Oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio a giving Livery of seisin or possession Invoice 12 Car. 2. ca. 34. Is a particular of the value custom and charges of any goods sent by a Merchant in another mans Ship and consign'd to a Factor or correspondent in another Country Inure Signifies to take effect or be available As the pardon inureth Stamf. Praerog fo 40. See Enure Jocalia Jewels Edward the First employ'd one Andevar ad socalia sua impignoranda Claus 29 Edw. 1. Praeterea confiderantes gratam subventionem quam praefati abbas Monachi Rading nobis fecerunt de magnis praeciosis Jocalibus ac aliis rebus suis in subsidium expensarum sumptuum quos circa praesens passagium nostrum versus partes transmarinas c. In mem Scac. de Anno 20 Ed. 3. Trin. Rot. 3. Jocarius a Jester In a Deed of Richard Abbas de Bernayo to Henry Lovet sine dat among the witnesses to it was Willielmo tunc Jocario Domini Abbatis Joclet Sax. Praediolum agri colendi portiuncula A little Farm or Mannor in some parts of Kent called a Yoklet as requiring but a small Yoke of Oxen to till it Sax. dict Jotson See Jetsen Flotson Joynder Is the coupling or joyning of two in a Sute or Action against another Fitz. Nat. Br. fo 118. and in many other places as appears in the Index verbo Joynder Joyntenants Simul tenentes or qui conjunctim tenent Are those that come to and hold Lands or Tenements joyntly by one title pro indiviso or without partition Littleton lib. 3. ca. 3. And these Joyntenants must joyntly plead and joyntly be impleaded by others which property is common between them and Coparceners but Joyntenants have a sole quality of survivorship which Coparceners have not For if there be two or three Joyntenants and one has Issue and dies he or those Joyntenants that survive shall have the whole by survivorship See Coke on Litt. fo 180. Joyning of Issue Junctio exitus See Issue Joynture Junctura Is a Covenant or Settlement whereby the Husband or some other friend in his behalf assureth to his Wife in respect of Marriage Lands or Tenements for term of her life or otherwise It is so called either because it is granted ratione Juncturae in matrimonio or because the Land in Frank-marriage is given joyntly to the Husband and Wife and after to the heirs of their bodies whereby the Husband and Wife are made Joyntenants during the Coverture Coke lib. 3. Butler and Bakers Case Ioynture is also used as the abstract of Ioyntenants Coke lib. 3. Marq. of Winchesters Case Journal Fr. A Diary or Day-book Iournals of Parliament are no Records but Remembrances they are not of necessity nor have been of long continuance See Hob. Rep. fo 109. Journ-choppers Anno 8 Hen. 6. ca. 5. Were Regraters of Yarn Whether that we now call Yarn was in those dayes called Iourn I cannot say but choppers in these dayes are well known to be changers As to chop and change is a familiar phrase See Chop-chirch Journy-man from the Fr. Iournee i. A day or days work Was properly he that wrought with another by the day though now by Statute it be extended to those likewise that covenant to work with another in their Occupation or Trade by the year Anno 5 Eliz. ca. 4. Ire ad largum To go at large to escape to be set at liberty Irregularity Irregularitas Disorder going out of Rule In the Canon Law it is taken for an impediment which hinders a man from taking Holy Orders as if he be base-born notoriously desamed of any notable Crime maimed or much deformed or has consented to procure anothers death with divers other Irrepleviable or Irreplevisable That may not or ought not by Law to be replevied or set at large upon Sureties The Distress shall remain irrepleviable Anno 13 Ed. 1. ca. 2. Isinglas Gluten piscium Is a kind of Fish-glue or Fish-gum brought from Iseland and those parts and is used in Medicines and by some in the
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
against the Steward or Marshal for holding Plee in his Court of Freehold or for trespass or contracts not made within the Kings houshold Fitz. Nat. Br. fo 241. Super Statuto de articulis Cleri ca. 6. Is a Writ against the Sheriff or other Officer that distrains in the Kings High-way or in the Glebeland anciently given to Rectories Fitz. Nat. Br. fo 173. Supervisor Lat. A Surveyor or Overseer It was anciently and still is a Custome among some especially of the better sort to make a Supervisor of a Will an Office or Title as it is now carelesly executed to little purpose and of as little use however the intendment may be good viz. That he should supervise the Executors and see the Testators will punctually performed Supervisor of High-wayes Anno 5 Eliz. ca. 13. Is otherwise called Surveyor See Surveyor Supplicavit Is a Writ issuing out of the Chancery for taking the surety of Peace against a Man It is directed to the Justices of Peace and Sheriff of the County and is grounded upon the Statute 1 Edw. 3. ca. 16. which ordains that certain persons shall be assigned by the Chancellor to take care of the peace See Fitz. Nat. Brev. fo 80. This Writ was of old called Breve de minis as Lam. in his Eiren. notes out of Reg. of Writs fo 88. Sur cui in vita Is a Writ that lies for the heir of that Woman whose Husband has alienated her Land in Fee and she brings not the Writ Cui in vita for the recovery of her own Land in this case her heir may have this Writ against the Tenant after her decease Fitz. Nat. Br. fo 193. Surcharge of the Forest Superoneratio Forestae Is when a Commoner puts on more Beasts in the Forest than he has right unto Manwood Par. 2. ca. 14. nu 7. and is taken from the Writ De secunda superoneratione pasturae in the same sence when the Commoner surchargeth 3 Inst fo 293. Surplusage Fr. Surplus i. Corollarium additamentum Signifies a superfluity or addition more than needs which sometimes is a cause that a Writ abates Brooke tit Nugation Superfluity fo 100. Plowden Casu Dives contra Maningham fo 63. b. It is sometime also apply'd to matter of account and signifies a greater disbursment than the Charge of the Accountant amounts unto Satisfaciant in omnibus quod conjunctum fuerit per praedictum computum inter eos de surplusagio recepto de averiis venditis c. Ordinatio de marisco Romeneiensi Pa. 38. Surrejoynder Is a second defence of the Plaintiffs Action opposite to the Defendants Rejoynder West Part 2. Symbol tit Supplications Sect. 57. And therefore Hotoman calls it Triplicationem quae est secunda Actoris defenfio contra Rei duplicationem appusita Surrebutter A second Rebutter or a Rebutting more then once See Rebutter Surrender Sursum redditio Is an Instrument in Writing testifying with apt words that the particular Tenant of Lands or Tenements for Life or Years does sufficiently consent and agree that he who hath the next or immediate Remainder or Reversion thereof shall also have the present estate of the same in Possession and that he yields and gives up the same unto him For every Surrender ought forthwith to give a possession of the thing surrendred West Par. 1. lib. 2. sect 503. where you may see divers Presidents And a Surrender may be of Letters Patent to the King to the end he may grant the estate to whom he pleaseth But there may be a Surrender without writing and therefore there is said to be a Surrender in Deed and a Surrender in Law The first is that which is really and sensibly performed the other is in intendment of Law by way of consequent and not actual Perkins Surrender fol. 60â— As if a Man have a Lease of a Farm and during the term he accept of a new Lease this Act is in Law a Surrender of the former Coke 6 Rep. fol. 11. b. There is also a Customary Surrender of Copihold Lands for which see Coke on Littl. sect 74. Surrogate Surrogatus One that is substituted or appointed in the room of another most commonly of a Bishop or the Bishops Chancellor Sursise Supersisae Seems to be an especial name used in the Castle of Dover for such Penalties and Forfeitures as are laid upon those that pay not their Duties or Rent for Castleward at their days Anno 32 Hen. 8. cap. 48. Bracton hath it in a general signification Lib. 5. tract 3. cap. 1. num 8. and Fleta lib. 6. cap. 3. Surveyor Supervisor Is compounded of two French words Sur i. Super and Veois i. Cernere intueri Signifies one that hath the over-seeing or care of some great persons Lands or Works As the Surveyor-General of the Kings Mannors Cromp Jurisd fol. 106. And in this signification it is taken Anno 33 Hen. 8. cap. 39. where there is a Court of Surveyors erected Surveyor of the Kings Exchange An. 9 Hen. 5. stat 2. cap. 4. Was an Officer whose name seems in these days to be changed into some other or the Office it self being very ancient legal and profitable for the Common-wealth disused Survivor from the Fr. Survivre i. Superesse Signifies the longer liver of two Joynt-tenants See Brook tit Joynt-tenants fol. 33. or of any two joyned in the right of any thing Suskin See Galli halfpence Suspense or Suspension Suspensio Is a Temporal stop or hanging up as it were of a Mans right as when a Seignory Rent c. by reason of the Unity of Possession thereof and of the Land out of which they issue are not in esse for a time tunc dormiunt but may be revived or awaked and differs from Extinguishment which dies for ever Coke on Littl lib. 3. cap. 10. sect 559. Brook tit Extinguishment and Suspension fol. 314. Suspension Is also sometimes used by us as it is in the Cannon Law Pro minori Excommunicatione Anno 24 Hen. 8. cap. 12. Suspiral from the Lat. Suspirare â—i Ducere suspiria Seems to be a Spring of Water passing under the Ground toward a Conduit or Cistern Anno 35 Hen. 8. cap. 10. Sute See Suite Sute-silver Is a small Rent or sum of Money which if paid does excuse the Freeholders from their appearance at the Court Barons within the Honor of Clun in Shropshire Swan-heard See Kings Swan-heard Swanimote or Swainmote Swainmotus From the Sax. swang i. as we now call our Rusticks A Countrey Swain a Boclandman A Freeholder and gemote i. Conventus the Sax. g being usually turned into i or y signifies a Court touching matters of the Forest kept by the Charter of the Forest thrice in the year before the Verderors as Judges Anno 3 Hen. 8. cap. 18. What things are inquirable in the same you may read in Cromp. Jurisd fol. 180. And is as incident to a Forest as a Court of Pâ—e powder to a Fair. See Lamberts Explication of Saxon words verbo
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
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
King to some Baron or such like man of worth for him and his heirs to dwell upon and to exercise some jurisdiction more or less within that circuit as he thought good to grant performing him such services and paying such yearly rent for the same as he by his grant required and that afterward this great Man parcelled his Land to other meaner Men enjoyning them again such services and rents as he thought good and by that means as he became Tenant to the King so the inferiors became Tenants to him See Perkins Reservations 670. and Horns Mirror of Justices lib. 1. ca. du Roy Alfred In these dayes a Manor rather signifies the jurisdiction and Royalty incorporeal than the Land or scite For a man may have a Manor in Gross that is the right and interest of a Court Baron with the Perquisits and another enjoy every foot of the land belonging to it Kitchin fo 4. Bracton lib. 5. Tract 5. ca. 28. nu 1. See Fee A Manor may be compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowzen Court-baron and such like And this ought to be by long continuance of time bey ond mans memory For at this day as some hold a Manor cannot be made because a Court-Baron cannot be made and a Mannor cannot be without a Court-Baron and two suiters at least Manpygarnon Will. Walcote tenet Manerium de Adington in Com. Surr. per servitium inveniendi ad Coronationem Regis quoddam Potagium vocat Manpygarnon Mansion Mansio a Manendo A dwelling house a Country habitation most commonly used for the Lords chief dwelling House within his Fee otherwise called the Capital Messuage or the chief Manor-place See Skene verbo Mansus The Latin word Mansia in the Charter granted by King Kenulphus to Ruchin Abbot of Abingdon and mentioned by Sir Edward Coke in his Report de Jure Regis Ecclesiastico seems to signifie a certain quantity of Land Hida vel Mansia Mat. Westm in Anno 857. And in a Charter of Edw. Conf. it is written Mansa v. Hist of Pauls fo 189. Mansura Masura Are used in Domesday and other ancient Records for Mansiones vel habitacula villicorum But in carta de Anno 1 Edw. 3. n. 3. we read de tribus mansuris terrae in Wigornia quaere Manslaughter Homicidium Is the unlawful killing a Man without prepensed malice as when two meet and upon some sudden occasion falling out the one kills the other It differs from Murder because it is not done with foregoing malice and from Chancemedley because it has a present intent to kill and this is Felony but admits Clergy for the first time Stamf. pl. Cor. lib. 1 ca. 9. and Britton ca. 9. It is confounded with Murder in the Stat. 28 Edw. 3. ca. 11. Mansus Anciently a Farm Seldens Hist of Tythes pa. 62. Haec Indentura testatur quod Reginaldus Grey Dominus de Hastings Weisford de Ruthin tradidit Iohanni Saunders Mansum Manerii de Bedworth c. dat 18 Hen. 6. Here Mansum Manerii is used for the Mannor House or Mannor-Place Mansum capitale dicitur de aedibus Domini Manerii quas aulam vulgo nuncupant Mansum or Mansus is sometimes confounded with Mesuagium Spelman Manubrium The handle or haft of a Sword or Dagger Iur. praesentant quod A. de C. Aurifaber 2 Iunii 2 Iac. apud S. praedict quoddam Manubrium pugionis ferreum Anglice dictum A Dagger hilt of Iron c. Apud Maidston Manucaptio Is a Writ that lies for a Man who taken on suspicion of Felony and offering sufficient Bayl for his appearance cannot be admitted thereto by the Sheriff or other having power to let to Mainprise Fitz. Nat. Br. fo 249. See Mainprise How diversly it is used see the Table of Reg. of Writs And Pryns Animadversions fo 268. Manuel Manuelis That whereof present profit may be made or that is employed or used by the hand Stamf. Praerog fol. 54. As such a thing in the Manuel occupation of one i. Actually used or employed by him Manumission Manumissio Is the freeing a Villain or Slave out of bondage The form of this in the time of the Conqueror Lamb. in his Archai fo 126. sets down in these words Si quis velit servum suum liberum facere tradat cum vicecomiti per manum dextram in pleno comitatu quietum illum clamare debet a jugo servitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were manumitted by Charter Vide Brooke tit Villenage fo 305. Another way of Manumitting was for the Lord to take the Bondman by the Head and say I will that this Man be Free and then shove him out of his hand There was also Manumission imply'd as when the Lord made an Obligation for payment of Money to the Bondman at a certain day or sued him where he might enter without Sute or the like See Neif EDWARDUS Dei Gratia Rex Angliae Franciae Dominus Hiberniae Omnibus ad quos praesentes Literae nostrae pervenerint Salutem Sciatis quod nos ex gratia nostra speciali ex mero motu nostro Manu misimus ab omni jugo servitutis liberamus Johannem Dedwiche de Orleton in Com. Heref. Husbandman William Dedwiche de eadem Husbandman Nativos nostros de Manerio sive Dominio nostro de Orleton praedict Cum omnibus bonis catallis suis tuta eorum sequela progenie de eorum corporibus procreatis sive procreandis Ita quod nec Nos nec heredes nec Successores nec Assignati nostri aliquod Iuris vel clamei ratione alicujus Villenagii in ejusdem Johanne Willielmo seu de eorum progenie procreatis sive procreandis seu de bonis Catallis suis exigere vel vendicare poterimus in futuro c. In cujus rei testimon has literas nostras sub sigillo nostro Comitis nostrae Marchiae fieri fecimus Patentes Dat. vicessimo die Mensis Aprilis anno regni nostri octavo Ex ipso autographo penes Johan Colman Gen. locus sigil i. Sigillum Edwardi quarti dei gra regis anglie francie diu hiberme conntatussin marchie Manupastus Saepe obvenit in forensi dialecto pro famulo serviente Domestico Spelman Erat culpabilis tanquam de Manupasto Manwood cap. 16. n. 6. i. He shall be culpable as of a thing done by one of his family Gloss in x. Scriptor Manutenentia Is a Writ used in case of Maintenance Reg. of Writs fol. 182. 189. See Maintenance Manworth Sax. Manwyrth The price or value of a Mans Life or Head every Man according to his degree being rated at a certain price according whereunto satisfaction was of old made to his Lord for the killing him Marches Marchia Are the Bounds and Limits between
Mint see in Cowels Interpreter verbo Mint Minute tythes Minutae sive minores decima Small Tythes such as usually belong to the Viccar as of Herbs Seeds Eggs Honey Wax c. See 2 Part Inst fo 649. and Udal Tindals case Hill 22 Jac. where the tyth of Woad was adjudged to be minuta decima 3 Part Crokes Rep. fo 21. See Tithes Misaventure or Misadventure Fr. Mesadventure i. Infortunium Has an especial signification for the killing a man partly by negligence and partly by chance As if one thinking no harm carelesly throwes a stone or shoots an Arrow wherewith he kills another In this case he commits not Felony but onely loseth his goods and has a Pardon of course for his life Stam. Pl. Cor. lib. 1. ca. 8. Britton ca. 7. distinguishes between Aventure and Misavonture The first he makes to be meer chance as if a Man being upon or near the Water be taken with some sudden sickness and so fall in and is drowned or into the fire and is burnt Misaventure he says is where a man comes to his death by some outward violence as the fall of a Tree the running of a Cart-wheel the stroke of a Horse or such like So that Misadventure in Stamfords opinion is construed somewhat more largely then Britton understands it West part 2. Symbol tit Inditement Sect. 48 49. makes Homicide casual to be meerly casual or mixt Homicide by meer chance he defines to be when a man is slain by meer fortune against the mind of the killer as if one hewing the Axe flies off the haft and kills a man And this is al one with Brittons Misaventure Homicide by chance mix'd he defines Sect. 50. to be when the killers ignorance or negligence is joyned with the chance as if a man lop Trees by a high-way side in which many usually travel and cast down a Bough not giving warning c. by which Bough a man is slain Miscognisant Ignorant or not knowing In the Stat. 32 Hen. 8. ca. 9. against Champertie and Maintenance It is ordained that the Justices of Assise shall twice in the year in every County cause open Proclamation to be made of this present Act and of every thing therein contained c. to the intent that no person should be ignorant or miscognisant of the dangers and penalties therein contained Miscontinuance Kitchin fo 231. the same with Discontinuance which see Mise A French word signifying expence or disbursement sometimes written Missum in Lat. and sometimes Misa has divers significations first it is a kind of honourable gift or customary present with which the People of Wales are wont to salute every new King and Prince of Wales at their entrance into that Principality It was anciently given in Cattel Wine and Corn for sustentation of the Princes Family but when that Dominion was annexed to the English Crown the Gift was changed into Money and the Summ is 5000 l. Sterling or More and it hapned to be thrice paid in King James's Reign First at his own coming to the Crown and that Principality Secondly when Prince Henry was created Prince of Wales And Thirdly When King Charles the First succeeded him in that Principality Anno 27 Hen. 8. ca. 26. it is ordained That Lords Mayors shall have all such Mises and profits of their Lands as they have had in times past c. Misae etiam dicuntur praestationes illae quas ob fruendas pristinas immunitates Cestriae Palatinatus subditi novo cuique Comiti impendunt i. 3000 Marks for that County Sometimes Mises are taken for Taxes or Tallages Anno 25 Edw. 1. ca. 5. Sometimes for Costs or Expences as pro misis custagiis for Costs and Charges in the Entries of Judgments in personal Actions Mise is also a word of Art appropriated to a Writ of right so called because both parties have put themselves upon the meer right to be tryed by the grand Assise or by Battel so as that which in all other Actions is called an Issue in a Writ of Right in that case is called a Mise But in a Writ of Right if a collateral point be tryed there it is called an Issue and is derived from missum because the whole cause is put upon this point Coke on Litt. fol. 294. b. Anno 37 Ed. 3. ca. 16. To joyn the Mise upon the Meer is as much as to say to joyn the Mise upon the cleer right and that more plainly to joyn upon this point whether has the more right the Tenant or Demandant Mise is sometimes used as a Participle for cast or put upon Cokes 6 Rep. Saffins Case and sometimes corruptly for Mease a Messuage or Tenement As a Mise-place in some Mannors is taken to be such a Messuage or Tenement as answers the Lord a Herriot at the death of its owner 2 Inst fo 528. which in our French is written Mees Ceste Endenture temoigne que come Will. Terrye de Dounham tiegne de Johan de Veer Coonte d'Oxenford un Mees sys acres de terre c. dat 14 Ed. 3. penes Wil. Andrew Baronet Miserere Is the name and first word of one of the Paenitential Psalmes most commonly that which the Ordinary gives to such guilty Malefactors as have the benefit of the Clergy allowed by Law and it is usually called the Psalm of mercy Misericordia Is used for an Arbitrary Amerciament or Punishment imposed on any Person for an offence For where the Plaintiff or Defendant in any Action is amerced the Entry is always Ideo in misericordia c. And it is called Misericordia as Fitzherbert says Nat. Br. fol. 75. for that it ought to be but small and less then the offence according to the tenor of Magna Charta cap. 14. Therefore if a Man be unreasonably amerced in a Court not of Record as in a Court Baron c. there is a Writ called Moderata Misericordia directed to the Lord or his Bailiff commanding them that they take Moderate Amerciaments according to the quality of the fault Est enim misericordia Domini Regis says Glanvile quà quis per juramentum legalium hominum de viceneto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat And again Mulcta lenior sic dicta quòd lenissima imponitur misericordia graviores enim mulctas Fines vocant atrocissimas Redemptiones See Glanv pag. 75. a. And see Moderata Misericordia He shall be in the great Mercy of the King Westm 1. cap. 15. Misfeasans Misdoings or Trespasses Jury to enquire of all Purprestures Misfeasans 2 Part Croke fol. 498. And Misfeasor a Trespasser 2 Inst fol. 200. Mishering Est de estre quit de amerciemenz pur quereles en aucun Courts devant qui que il seyt nent ordinament ou proprement demonstre MS. LL. Temp. E. 2. See Abishersing and Miskering Miskenning Meskenninga LL. Hen. 1. cap. 12. Iniqua vel injusta in jus vocatio inconstanter loqui in
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
Scite Situs The setting or standing of any place the Seat or Scituation of a Capital House or Messuage a Territory or quarter of a Country As we often find the Site of the late dissolved Monastery of i. The place where it stood The word is found in the Stat. 32 Hen. 8. ca. 20. 22 Car. 2. ca. 11. and is there written Scite Dedi Situm loci in quo domus sua sita est Mon. Angl. 2 Par. fo 278. b. Sithcundman Sax. Sithcundus custos paganus interpretatur Lamb. expl verb. pa. 5. Such a gentleman as had the Office to lead the men of a Town or Parish E classe nobilium erat says Somner Scyvinage Anno 27 Hen. 6. ca. 2. Signifies the precincts of Caleis Smalt Anno 21 Ja. ca. 3. and Pat. 16 Feb. 16. Ja. Ital. smalto Is that of which Painters make Blew Colour Smoke silver Tenemenium Newstede cum pertinen c. in villa de Staplehirst in Cam. Cant. tenetur de manerio de East-greenwich per fidelitatem tantum in libero Soccagio per Pat. dat 3 Febr. 4 Edw. 6. And by the payment for Smoke-silver to the Sheriff yearly the summ of six pence Notes for Lord Wootons Office 1628. There is Smoke-silver and Smoke-penny paid to the Ministers of divers Parishes conceived to be paid in lieu of Tithewood Or it may as in many places at this day be a continued payment of the Romescot or Peter-pence See Chimney-money Soc Sax. Signifies power authority or liberty to minister Justice and execute Lawes Also the Shire Circuit or Territory wherein such power is exercised by him that is endued with such a priviledge or liberty Whence our Law Latin word Soca for a Seignory or Lordship enfranchised by the King with the liberty of holding or keeping a Court of his Sockmen or Socagers i. His Tenants whose tenure is hence call'd Socage This kind of liberty is in divers places of England at this day and commonly known by the name of Soke or Soken Skene says Sok an old word used in Charters and Feoffments which are in sundry old Books containing the Municipal Laws of this Realm is called Seda de hominibus suis in Curia secundum consuetudinem regni c. See Bracton lib. 3. Tract 2. ca. 8. where he makes mention of these liberties Soc Sac Tol Team Infangthef Utfangthef LL. Hen. 1. ca. 22. Sive Sacam totaliter habent sive non Soca id quod Franchesiam dicimus i. Locus privilegiatus libertas immunitas refugium asylum sanctuarium a Sax. Socn socne haec ipsa significantibus Socage or Soccage Socagium From the Fr. Soc i. Vomer a Plowshare or Coulter Is a tenure of Lands by or for certain inferior or Husbandry services to be perform'd to the Lord of the Fee See Institutes of Common-Law 31. Bracton lib. 2. ca. 35. nu 1. Describes it thus Dici poterit Soccagium a Socco inde tenentes qui tenent in Soccagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tantummodo ad culturam quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebunt c. Skene sayes Soccage is a Tenure of Lawes whereby a man is infeoffed freely without Wardship or Marriage paying to his Lord some small rent c. which is called free-socage there was also base Soccage otherwise called Villenage Bracton adds Soccagium liberum est ubi fit servitium in donariis Dominis capitalibus nihil inde omnino datur ad scutum servitium Regis This free Soccage is also called common Soccage Anno 37 H. 8 ca. 20. Other divisions there are in our Law Writers of Soccage in Capite c. But by the Statute 12 Car. 2. ca. 24. all Tenures from and after 24 February 1645 shall be adjudged and taken for ever to be turned into free and Common Socage Socmans alias Sokemans Socmanni Are such Tenants as hold their Lands by Soccage Tenure But the Tenants in ancient Demean seem most properly to be called Socmans Fitz. Nat. Br. fo 14. b. Britton ca. 66. n. 2. Progenitores Simonis Bokeley omnia sua in Houcton per liberum Sokagium tunc tenebant quieti erant de Sectis Curiarum Consuetudinibus exactionibus demandis Lib. S. Albani Tit. Houcton ca. 1. The word Sokeman is found in the Statute of Wards and Relief 28 Edw. 1. Socna Sax. Socne A Priviledge Immunity Liberty or Franchise Volo ut ipsi sint eorum Sacae Socnae Theolonei etiam Teami privilegiorum scilicet jurium sic appellatorum digni intra tempus extra tempus c. Char. Canuti Regis in Hist Eccl. Cath. S. Pauli fo 189. See Soc. Socome signifies a Custom of grinding at the Lords Mill And there is Bond-Socome where the Tenants are bound to it and Love-socome where they do it freely out of love to their Lord. Soke Anno 32 Hen. 8. ca. 15. 20. Significat libertatem Curiae tenentium quam Socam appellamus Fleta lib. 1. ca. 47. Sect. Soke Soka hoc ect quod Prior habet sectam de homagiis suis ad Curiam suam secundum communem consuetudinem regni Angliae M. S. de libertat Priorat de Cokesford Per Soke Will. Stanley in manerio suo de Knottesford clamat cognitionem Placitorum debiti transgressionis conventionis detentionis infra summ 40 sol de aliis compactibus quibuscunque sine brevi Pl. in Itin. apud Cestriam 14 Hen. 7. Soke i. Aver Fraunche Court de ses homes MS. See Soc. Soken Soca See Soc and Hamsoken Sokereeve Seems to be the Lords Rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. Solda Pateat quod nos Johannes Romayne senior de Leominstr Johannes Romayne junior de eadem remisimus Johanni Meole vicario Ecclesiae de Wygemore Ricardo Bocerell Constabular Castri de Wygemore Fouke Sprengehose totum jus nostrum clamium in una Solda cum pertinenciis in Leominstr scituata in alto vico inter Soldam quondam Ricardi Spicer Soldam quae fuit Philippi Collinge c. Dat. 2. Octobre 19 Ric. 2. It seems to be the same with Solila a Shop or Shed Solet debet See Debet Solet Soletenant Solus tenens Is he or she that holds onely in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their Son Here the man dying the Lord shall not have Heriot because he dies not sole-tenant Kitchin fo 134. Solicitor Solicitator Signifies a man employ'd to follow and take care of Sutes dedepending in Courts of Law or Equity formerly allowed only to Nobility whose maenial servants they were but now too commonly used by others to the great increase of Champerty and Maintenance and Damage of the People Solidata terrae See Farding deal of Land Solidata signifies also the pay or stipend of a Souldier Et qui terram non
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
Wainnable la Bruere c. Carta Rogeri de Scales Sine dat Wainage Wainagium From the Sax. Æ¿aeen i. Plaustrum Vehiculum Mag. Char. cap. 14. And any others Uillain then ours shall be likewise amerced saving his Wainage if he fall into our mercy Sir Edward Coke 2 Part Instit fol. 28. says it signifies the Contentment or Countenance of the Villain But quaere whether it may not rather signifie the furniture or appurtenances of the Cart or Wain wherewith he was to do Villain-service See Gainage and Wannage Waitefée Tho. Spelman Filius Johannis obiit 12 Marcii 1 Eliz. dicitur in Inquisitione tenuisse Manerium de Narborough cum tertia parte Advocationis Ecclesia c. De Domina Regina ut de Manerio suo de Wingrave per servitium Militare per redditum 14 s. pro Waytefée Castlegarde valet clare per annum 34 l. 17 s. 10 d. quadrantem Patet in Schedula liberationis Joh. Spelman fratris sui 7 Aug. 5 Eliz. Perhaps a Fee to excuse his Waiting or giving Attendance at the Castle Waiviaria mulieris Is as much as Vtlagatio viri Reg. of Writs fol. 132. Many of the Kings Liege People outlawed and many waived by erroneous Process Anno 7 Hen. 4. cap. 13. See Vtlary Wakeman Sax. The Chief Magistrate of the Town of Rippon in Yorkshire so called quasi Watchman Cam. Britan. Wald Walda See Weald Walkers Are those who are otherwise called Foresters Cromp. Jurisd fol. 145. There are Foresters assigned by the King who are Walkers within a certain space of Ground assigned to their care Wall or Sea-wall Walla vel Wallia See Watergage Wallesheria or Walecheria Quod quatuor villatae propinquiores loco ubi casus homicidii vel infortunium contigerit veniant ad proximum Comitatum una cum inventore Wallesheria i. Parentela hominis interfecti ibidem praesentent factum feloniae casum infortunii c. Reperio says Spelman in nota quadam A. Wallesheria i. Parentela interfecti scilicet unus ex parte patris alius ex parte matris And concludes with Significat Wallica pars ut videtur Wang Sax. A Field also the Cheek or Jaw wherein the Teeth are set Hence with Chaucer we call the Cheek-Teeth or Grinders Wangs and Wang-teeth which is also notified in that old way of sealing writings And in witness that this is sooth I bite the Wax with my Wang tooth See Wong Wangenetheof Maneriolum de A. sit quietum de Gelth Scoth de Wreccho de Wangenetheof Danegueld c. Pat. 22 H. 4. par 1. m. 33. Quaere Wannage Wannagium Eodem anno scil 1198. Rex Angl. accepit de unaquaque carucata terrae sive Hyda totiâ—s Angliae 5 Sol. de auxilio ad quos colligendos misit idem Rex per singulos Comitatus Angliae unum Clericum etiam unum militem Qui fecerunt venire coram se Senescallos Baronum illius Comitatus qui juraverunt quot Carucarum Wannagia fuerint in singulis villis c. Ipsi vero qui electi fuerant constituti ad hoc negotium Regis faciendum statuerunt per estimationem legalium hominum ad uniuscujusque carucae Wannagium centum acras terrae Hoveden Annal. par poster fol. 443. num 30. See Wainage Quod ego H. haeredes mei villas aedisicia Wannagia ad libitum nostrum in terris praenominatis faciemus claudemus xl acras terrae ad excolendum vel ad tensandum ad libitum nostrum Mon. Angl. 2 par fol. 612. a. Here Wannagia seems to signifie Wainhouses or necessary out-houses for Husbandry Wapentake Sax. waepen-getace i. Arma tradere Is all one with that we call a Hundred as appears by Bracton lib. 3. tract 2. cap. 1. num 1. Convocentur postmodum servientes Balivi Hundredorum per ordinem irrotulentur Hundredarii sive Wapentachia nomina servientium c. Nominis autem origo non ab armorum tactu ut Hovedeno traditum sed hinc quod quoties novus esset Hundredi Dominus ei in subjectionis signum arma redderent vassalli ut Ranulfo Cestriensi observatum Lib. 1. cap. 5. Conslata voce a waepen arma Weapons Et gaetecan Tradere reddere to betake Quod Angli vocant Hundredum supradicti Comitatus vocant Wapentachium LL. Edw. Conf. cap. 33. Sir Tho. Smith de Repub. Angl. cap. 16. says to this effect That anciently Musters were taken of the Armor and Weapons of the several Inhabitants of every Wapentake and from those that could not 〈…〉 de sufficient Pledges for their good abearing their Weapons were taken away and delivered to others Lambert in his Explication of Saxon words verbo Centuria says This word is especially used in the Counties beyond Trent The Statutes Anno 3 Hen. 5. cap. 2. 9 Hen. 6. cap. 10. And 15 Hen. 6. cap. 7. make mention of Stainctif Wapentake and Frendles Wapentake in Craven in the County of York See Cam. Britan fol. 159. And Cokes 2 Part Instit fol. 99. Wapentak hoc est quietancia de sectis Hundredis quod dicitur Wapentak MS. in Bibl. Cotton sub tit Vitellius c. 9. Waranty Warrantia Is a promise or Covenant by Deed made by the bargainer for himself and his heirs to warrant or secure the Bargainee and his heirs against all men for the enjoying any thing agreed on between them And he that makes this Waranty is called Warrantus by Bracton lib. 2. ca. 19. 37. It passeth from the Seller to the Buyer from the Feoffer to the Feoffee from him that releaseth to him that is released from an Action real and such like and the form of it is thus Et ego vero praefatus A. haeredes mei praedictas quinque acras terrae cum pertinentiis suis praefuto B. haeredibus et assignatis suis contra omnes gentes warrantizabimus in perpetuum per praesentes See Glanvile lib. 3. per totum Bracton lib. 5. Tract 4. Briton ca. 105 Coke lib. 4. Nokes Case fo 81. a. Waranty Is either Real or Personal Real when it is annexed to Lands or Tenements granted for life c. and this is either in deed as by the word VVarrantizo expresly or in Law as by the vord Dedi or some other amplification Personal which either respects the property of the thing sold or the quality of it Real Waranty in respect of the Estate is either Lineal Collateral or commencing by Disseisin for which see Littleton in the last Chapter of his Tenures and Coke lib. 3. Fermors Case fo 78. a. Under this word baredes are comprised all such as the first Warranters Lands afterwards come unto either by descent or otherwise ex causâ— lucrativa Warantizare nihil aliud est quam possidentâ—m defendere Fleta lib. 5. 〈◊〉 15. Sect. 1 Bracton lib. 2. ca. 16 nu 10. By what words in a Feoâ—â—ment a Feossor shall be 〈◊〉 to Waranty see the Statute of Bigamy
contributione Spelm. Warectum terra warecta Fr. Terre garee Land that has been neglected and long untill'd also Fallow ground Tempus warecti in ancient Records signifies the time wherein Land lies Fallow the Fallow year or season for Fallowing Land In Warectis in brueriis in boscis in mariscis in defensis et in omnibus terris c. Mon. Angl. 2. Par. fo 253. a. xxv acras uno quoque anno ad seminandum et totidem ad Warectandum Idem 1. Par. fo 525. b. See Yvernagium Waren VVarenna from the Germ. Wahren i. Custodire Is a Franchise or place priviledg'd either by prescription or grant from the King to keep Beasts and Fowle of VVaren which are Hares and Conies Partridges and Feasants If any person offend in such Free-waren he is punishable for the same by the Common-Law and by Statute 21 Ed. 3. called the Statute de malefactoribus in parcis et chaceis c. Videtur tamen Justiciariis hic et Concilio Dom. Regis quod Capreoli sunt bestiae de Warenna et non de Foresta eo quod fugant alias bestias de Warenna Hill An. 13 Ed. 3. Ebor. Rot. 136. Warnoth Inter Record de Recept Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege I find it to be an ancient Custom whereby if any Tenant holding of the Castle of Dover faild in paying his Rent at the day he should forfeit double and for the second failer treble c. And in Mon. Angl. 2. Par. fo 589. a. Terris cultis terris de Warnoth War-scot Was the contribution that was made towards Armor or War in the Saxons time Sint omnes tam primarii quam mediocres et minuti immunes liberi et quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et forinsecis querelis LL. Forest Canuti Regis num 9. UUarwit See VVardwite Waste Vastum Sax. waest Hath divers significations first it is a spoil made either in Houses Woods Lands c. by the Tenant for life or years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168 c. Whereupon the Writ of Waste is brought for recovery of the thing wasted and trebble damages See Vasto Waste of the Forest is most properly where a Man cuts down his own Woods within the Forest without Licence of the King or Lord Cheif Justice in Eyre See Manwood 2 Part cap. 8. num 4 5. Secondly Waste is taken for those Lands which are not in any one Mans occupation but lie common which seem to be so called because the Lord cannot make such profit of them as he does of his other Lands by reason of that use which others have of it in passing to and fro Upon this none may build cut down Trees dig c. without the Lords Licence Thirdly Year day and Waste Annus Dies Vastum Is a punishment or forfeiture belonging to Petit-Treason or Felony whereof you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year Day and Waste Waste-ground Vastus fundus Is so called because it lies as Waste with little or no profit to the Lord of the Mannor and to distinguish it from the Demesns in the Lords hands 2 Part Inst fol. 656. See Waste Wastors Anno 5 Edw. 3. cap. 14. Were a kinde of Theeves so called There have béen says the Statute divers Man-slaughters Felonies and Robberies done by People called Roberdsmen Wastors and Draw-latches 4 Hen. 4. cap. 27. Wastel Bread Anno 51 Hen 3. Statute of Bread Forte a Uasten Belgis jejunare unde illis Wastelavond Shrovetide Vox autem unde veniat non liquet says the Gloss in x. Scriptores See Cocket Water-bailiffs Seem to be Officers in Port-Towns for the searching of Ships Anno 28 Hen. 6. cap. 5. Also an Officer so called belonging to the City of London who hath the supervision and search of Fish brought thither and the gathering of the Toll rising from the Thames He also attends on the Lord Major for the time being and hath the principal care of Marshalling the guests at his Table and doth Arrest Men for debt or other personal or criminal Matters upon the River of Thames by Warrant of his Superiors Watergage Watergagium Aquagagium A Sea-wall or Bank to stop or restrain the current or overflow of the Water also an Instrument to gage or measure the profundity or quantity of any Waters Watergang Watergangium Sax. waetergang i. Decursus aquae A Trench Trough or Course to carry a Stream of Water Such I conceive as are usually made in Sea-walls to loose and drain Water out of the Marshes Some Authors confound this with Watergage but they seem to have different significations Carta Hen. 3. De Ordinatione Marisci de Romency c. Ad reparandum Wallias Watergangias eiusdem Marisci contra Maris periculum Omnibus Balivis de Besintone Robertus de Curci salutem Mando vobis atque praecipio quatenus justicietis meos homines de Snargate ut faciant Wallas Watergangas clausuras Wallarum sicut debent facere si facere noluerint tum justicietis illos ut faciant c. Mon. Angl. 2 par fol. 920. b. Watergavel Henricus Rex salutem Sciatis nos dedisse dilecto fide li nostro Huberto de Burgo Comiti Kantiae Margariae uxori suae redditum xxxii s. iv d. quem homines eorundem Huberti Margariae de Manerio suo de Elmour nobis reddere solebant singulis annis per manum Balivi nostri de Menstreworth nomine Watergavel Habend c. Dat. 15 Hen. 3. This was a Rent paid for fishing in or other benefit received from some River or Water Watlingstréet Anno 39 Eliz. cap. 2. Is one of those four ways which the Romans are said to have made here and called Consulares Praetorias Militares Publicas This Street is otherwise called Werlamstreet and leads from Dover to London Donstable Touceter Atterston and the Severn near the Wrekyn in Shropshire extending it self to Anglesey in Wales The second is called Ikenildstreet stretching from Southampton over the River Isis at Newbridge thence by Camden and Litchfield then it passeth the River Derwent near Derby so to Bolesover Castle and ends at Tinmouth The third was called Fosse because in some places it was never perfected but lies as a large Ditch leading from Cornwal through Devonshire by Tetbury near Stow in the Wolds and besides Coventry to Leicester Newark and so to Lincoln c. The fourth was called Ermin or Erminage-street stretching from S. Davids in West-Wales unto Southampton See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini or Four Publick Ways had the priviledge of Pax Regis Waxshot or Waxscot Ceragium Tributum quod in Ecclesiis pendebatur ad subministrationem cerae luminarium Wax cera Shot