the king as of the person of the king and yet houldeth not in caepite but as he held before So that by this booke tenuere houlding of the person of the king and tenure in capite are two diuers tenures To take away this difficulty I thinke M. Kitchin is in that place to be taken as if he saide not in capite by Knights seruice but by socage folowing the vsuall speech because most commonly where we talke of tenure in capite we meane tenure by Knights seruice Carno Cromptons iurisd fol. 191. is an imunity Carke seemeth to be a quantititie of wolle whereof thirtie make a Sarpler anno 27. H. 6. ca. 2. See Sarpler Carrack aliàs Carrick seemeth to be a shippe of burden so called of this Italian carrico or carco a burden or charge or of the spanish cargo you haue this word anno 2. R. 2. ca. 4. anno 1. Iaco. ca. 33. Carroway seedes aliàs Carruway seedes semen cari vel carei is a seed springing of the herbe so called of whose operation you may read in Gerards herball li. 2. ca. 396. It is reckoned among the merchandize that ought to be garbled anno i. Iaco. ca. 19. Carue of land carucata terrae commeth of the French charue i. aratrum and with vs is a certaine quantitie of land by the which the subiects haue some time bene taxed wherevpon the tribute soe leuied is called Carvage Caruagium Bracton li. 2. ca. 16. nu 8. It is all one with that which the same author lib. 2. ca. 17. calleth carucatam terrae For Litleton ca Tenure in socage saith that haec soca socae idem est quod caruca sc one sok or one plow land Yet one place I finde in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time king Henry tooke carvage that is to say two merks of siluer of euery knights fee toward the mariage of his sister Izabell to the Emperor where caryage cannot be taken for a plow land except there were some other farder division whereby to raise of euery plowe land so much and so consequently of euery Knights fee that is of euery 680. acres two merkes of siluer Rastall in his Exposition of words saith that caruage is to be quite if the lord the King shall taxe all the land by carues that is a priuiledge whereby a man is exempted frō carvage Skene de verb. signif ver Carucata terrae deriueth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a yere and day with one plough which also is called hilda or hida terrae a word vsed in the old Britaine lawes M. Lamberd among his precedents in the end of his Eirenarcha translateth carucatū terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certaine blacke round and long cods wherein is contained a pulpe soft pleasantly sweet seruing for many vses in Phisick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruite is mentioned in the statute anno 1. Iacob cap. 19. among drugges and spices that be to be garbled Cassia lignea is a sweet wood not vnlike to Cynamom and sometime vsed in steede of Cynamom Whereof you may read in Gerards Herball lib 1. ca. 141. This is called Cassia lignum in the Statute anno 1. Iacob cap. 19 and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captaine sometime called a Constable of a castell Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. īn like maner is it vsed anno 3. Ed. 1. cap. 7. In the bookes de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that haue the custodie of the Kings mansion houses called of the Lumbards curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest lawes pag. 113. saith that there is an officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laide vpon such of the kings subiects as dwell within a certaine compasse of any castell toward the maintenance of such as doe watch and ward the castell Magna charta cap. 20. anno 32. H. 8. cap. 48. It is vsed sometime for the very circuit it selfe which is inhabited by such as are subiect to this seruice as in Stowes annals pag. 632. Casu consimili is a writ of entrie graunted where the tenent by courtesie or tenent for terme of life or for the life of another doth alien in fee or in tayle or for tearme of anothers life And it hath the name of this for that the Clerkes of the Chauncerie did by their common consent frame it to the likenesse of the writ called In casu prouiso according to their authoritie giuen them by the Statute Westm 2. cap. 24. which as often as there chanceth any new case in Chancerie something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads together and to frame a new forme aunswerable to the new case and as like some former case as they may And this writ is graunted to him in the reuersion against the party to whom the said tenent so alienateth to his preiudice and in the life time of the said tenent The forme and effect whereof reade more at large in Fitz. nat br fol. 206. Casu proviso is a writ of entry giuen by the Statute of Glocecester cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life or in taile and lyeth for him in reuersion against the alienee Whereof reade F 〈…〉 cat br more at large fol. 205. Catals catalla aliâs chatels cōmeth of the Normans For in the 87. chapter of the grand Custumarie you shal find that al moueable goods with them are called chatels the contrary whereof is fief ibid. which we do call fee. But as it is vsed in our common law it comprehendeth all goods moueable and immoueable but such as are in the nature of free hould or parcell thereof as may be gathered out of Sawnf praero ca. 16. and anno Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla fo 32. saith that ready mony is not accompted any goods or catels nor haukes nor houndes The reason why hawks and hounds be not he giueth because they be ferae naturae why money is not though he set not downe the cause yet it may be gathered to be for that money of it selfe is not of worth but as by cōsent of men for their easier traficke or permutation of things necessary for common life it is reckoned a thing rather consisting in imagination then in deede Catals be either personall
bequeath any thing to the redeeming of captives c. and appoint one to execute his will in that point the partie soe appointed shall see it performed and if he appointe none to doe it then the Bishop of the citie shall haue power to demaund the legacie and without all delay performe the will of the deceased Admirall Admiralius cometh of the frenche amerall and signifieth both in France and with vs an high officer or magistrate that hath the gouernement of the Kings navie and the hearing and determining of all causes as well civile as criminall belōging to the sea Cromptons diuers iurisd fo 88. and the statutes anno 13. R. 2. ca. 5. anno 15. eiusdem ca. 3. an 2. H. 4. ca. 11. anno 2. H. 5. ca. 6. an 28. H. 8. ca. 15. with such like This officer is in all kingdomes of Europe that border vpon the sea and his authoritie in the kingdome of Naples is called magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris Vincent de Franch descis 142. nu 1. This Magistrate among the Romanes was called praefectus classis as appeareth by Tully in Verrem 7. but his authoritie was not continuall as the Admirals is in these daies but onely in time of warre Neither doe I finde any such officer belonging to the Emperours in our Code And M. Guyn in the preface to his reading is of opinion that this office in England was not created vntill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his booke taking vpon him to name all the courts of Iustice maketh no mention of this courte or magistrate And againe Richard the second finding the Admirall to extend his iurisdiction over farre ordeined by statute made the 10. yeare of his reigne that the limits of the admirals iurisdiction should be restrained to the power he had in his grandfather Edward the thirds daies whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall But contrarily to this it appeareth by auncient records the copies whereof I have seene that not onely in the daies of Ed. the first but also of King Iohn all causes of Merchants and mariuers and things happening within the fludde marke were ever tried before the Lord admirall Adiura Regis is a writ for the Kings Clerke against him that seeketh to eiect him to the preiudice of the Kings title in the right of his crowne Of this you may see diuers formes vpon divers cases Register orig fo 61. a. Admittendo clerico is a writte graunted to him that hath recouered his right of presentation a-against the Bishop in the common bank the forme whereof read in Fitzh nat br fo 38. the Register orig fo 33. a. Admittendo in socium is a writ for the association of certaine persons to Iustices of assises formerly appointed Register orig fol. 206. a. Ad quod damnum is a writ that lyeth to the escheater to inquire what hurt it will be to the King or other person to graunt a Faire or market or a mortmaine for any lands intended to be giuen in fee simple to any house of religion or other body politicke For in that case the land so giuē is said to fal into a dead hād that is such an estate and condition that the chiefe Lords do leese all hope of heriots seruice of court and escheates vpon any traiterous or felonious offence committed by the tenant For a bodie politicke dieth not neither can performe personall seruice or commit treason or felonie as a singular person may And therefore it is reasonable that before any such grant be made it should be knowne what preiudice it is like to worke to the graunter Of this reade more in Fitzh nat breu fol. 221. and look Mortmaine Ad terminum qui praeteriit is a writ of entrie that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers and after the terme expired is held from them by the tenant or other stranger that occupieth the same and deforceth the leassour Which writ belongeth to the leassour and his heire also Fitzh nat br fol. 201. Aduent aduentus is a certaine space of time comprising a moneth or thereabout next before the feast of Christs natiuitie Wherein it seemeth that our ancestors reposed a kind of reuerence for the neerenesse of that solemne feast so that all contentions in lawe were then remitted for a season Whereupon there was a statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said vsuall solemnitie and time of rest it might be lawfull in respect of iustice and charitie which ought at all times to be regarded to take assises of nouell disseisin mort d'auncester and darrein presentment in the time of Aduent Septuagesima and Lent This is also one of the times from the beginning whereof vnto the end of the Octaues of the Epiphany the solemnizing of mariage is forbidden by reason of a certain spiritualioy that the church so consequently euery member thereof for that time doth or ought to conceiue in the remembrance of her spouse Christ Iesus and so abandon all affections of the flesh See Rogation weeke and Septuagesima Advocatione decimarum is a writ that lyeth for the claime of the fourth part or vpward of the tythes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to iustifie or maintaine an act formerly done For example one taketh a distresse for rent or other thing and he that is destreyned sueth a Replevin Now he that tooke the distresse or to whose vse the distresse was taken by another iustifying or maintaining the act is said to avowe Tearmes of the lawe Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton vseth the Latine word in the same signification as advocatio disseisiuae li. 4. cap. 26. And I find in Cassauaeus de consuet Burg. pa. 1210. advohare in the same signification and pag. 1213. the Substantine desavohamentum for a disavowing or refusall to avowe Advowzen advocatio signifieth in our common law a right to present to a benefice as much as ius patronatus in the canon lawe The reason why it is so tearmed proceedeth from this because they that originally obtained the right of presenting to any Church were maintainers and vpholders or great benefactors to that Church either by building or increasing it and are thereupon tearmed sometime patroni sometime Advocati cap. 4. cap. 23. de iure patronatus in Decretal And advowzen being a bastardly French word is vsed for the right of presenting as appeareth by the Statute of Westm the second anno 13. Ed. 1. ca. 5. Advowsen is of two sorts advowsen in grosse that is sole or
scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitiorū ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitā maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grādfather or great grandfather called of our common lawyers besayle but in true French bisaieul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearāce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke Denizen 4. c. And in this case a man born out of the land so it be within the limits of the Kings obedience beyond the sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer vpō complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir 〈◊〉 superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
Idem eodem Tenent vpon sufferance Idem fol. 165. Tenent of state of inheritance Stawnf praerog fol. 6. Sometime they containe a relation toward the Lord of whom he houldeth as Tenent in cheife i. he that houldeth of the King in the right of his crowne Fitz. nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honour eodem Very tenent i. he that houldeth immediately of his Lord. Kitchin fol. 99. For if there be Lord Mesn and Tenent the Tenent is very Tenent to the mesn but not to the Lord aboue Tenent parauaile pl. cor fo 197. Fitzh nat br fol. 136. D. is the lowest tenent and fardest distant from the Lord Paramont It seemeth to be tenent per auaile See Diers commentaries fol. 25. nu 156. Noe tenent in right to the Lord but Tenent as for the avowrie to be made Litleton fol. 96. Sometime they haue a relation betweene Tenents and Tenents in seuerall kindes as ioynt tenents i. they that haue equall right in lands and tenements and all by vertue of one title Litleton li. 3. ca. 3. Tenents in common be they that haue equall right but hold by diuers titles as one or more by gift or descent and others by purchase Idem eod cap. 4. Particular tenent Stawnf praerog fol. 13. that is he which holdeth onely for his terme as tenent in dower tenent by the courtesie or otherwise for life West parte 2. symbol titulo Fines sect 13. G. See anno 32. H. 8. ca. 31. and Cooke in Sir William Pellams case lib. 5. fol. 15. a. they be termours for yeares or life See Plowden casu Colthirst fol. 23. b. Sole tenent Kitchin 134. i. he that hath none other ioyned with him If a man and his wife hold for both their liues and the man dyeth he dieth not sole tenent Idem eodem Seuerall tenent is opposite to ioynt tenents or tenents in common See Seuerall tenencie Tenent al praecipe is he against whom the writ Fraecipe is to be brought Cookes Reports lib. 3. the case of fines fol. 88. a. Tenent in demesn anno 13. Ed. 1. cap. 9. anno 32. H. 8. cap. 37. is he that holdeth the demeanes of a maner for a rent without seruice Tenent in feruice an 20. Ed. 1. stat pri is he that holdeth by seruice v. Britton cap. 79. in principie ca. 96. Car fealte c. vel quaere whether he may be termed tenent in demesne that holdeth some of the Demeanes howsoeuer and he tenent in seruice which is a freehoulder to a maner houlding by seruice for the free houlds of a manner are not accounted of the demesne but onely that which the Lord keepeth in his owne hand or letteth out by copie according to the custome of the maner Tenent by execution an 32. Henr. 8. cap. 5. is he that holdeth land by vertue of an exeution vpon any statute recognisance c. Tendeheved decanus vel caput decem familiarum of this see Roger Hoveden parte poster suorum annalium fol. 346. a. See Frank pledge Tenement Tenementum is diuersly vsed in the common lawe Most properly it signifieth a house or home stall but in a larger signification it is taken for either house or land that a man holdeth of another And ioyned with the adiectiue Frank in our lawyers French it conteineth generally lands or houses yea or offices wherein we haue estate for terme of life or in fee. And in this signification Kitchin fol. 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton vse it through his whole 27. chapter as also Bracton doeth the latine liberum tenentum lib. pri cap. 5. 6. and many other places Tenentibus in assisa non onerandis c. is a writ that lieth for him to whome a disseisour hath alienated the land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour haue wherewith to satisfie them him selfe Register orig fol. 214. b. Tenths Decimae is that yearely portion or tribute which all liuings ecclesiasticall doe yeeld to the king For though the Bishop of Rome doe originally pretend right vnto this revenewe by example of the high preist among the Iewes who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem yet Iread in our Chronicles that these were often graunted to the King by the Pope vpon diuers occasions sometime for one yeare sometime for more vntill by the statute anno 26. Hen. 8. cap. 3. they were annexed perpetually to the Crown See Disms It signifieth also a taske leuied of the temporalty Holinshed H. 2. f. 111. Tenore indictamenti mittendo is a writ whereby the Record of an indictment and the proces thereupon is called out of another court into the chauncerie Register orig fol. 169. a. Tenure Tenura commeth of the Norman Teneure as appeareth by the Grand Custumarie cap. 28. where it is defined to this effect Tenure is the maner whereby tenements are houlden of their Lords What may make a tenure and what not see Perkins Reseruations 70. And in that chapter shall you finde the most of those tenures recited that be now vsually in England In Scotland I finde that there be foure maner of tenures which they call halding of land the first is pura eleemozina which is proper to spirituall men paying nothing for it but deuot a animarum suffragia the second they call Few or few ferme which houldeth of the King Church Barons or others paying a certaine duty called Feudi firma The third is a hould in Blench as they terme it by payment of a peny rose paire of guilt spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by seruice of ward and relieue where the heire being minor is in the gard or custody of his Lord togither with his lands c. And land houlden in this fourth maner is called there feudum de Hauberk or Haubert or feudum militare or feudum Hauberticum or feudum loricatum because it is giuen vpon condition that the vassall possessor therof shall come to the host with a lack or Haubert which is a coate of maile M. Skene de verb significa verbo Haubert Tenure in grosse is the Tenure in Capite For the Crowne is called a Seignory in grosse because it consisteth as a corporation of and by it selfe not tyed to any honour or maner See Cromptons Iurisd fol 206. See the new booke of Entries verbo Tenure Term Terminus signifieth with vs commonly the bounds and limitation of time as a lease for terme of life or terme of yeares Bracton lib. 2. cap. 6. nu 4. But most notoriously it is vsed for that time wherein the Tribunals or places of Iudgement are open to all that list to complaime of wrong or to seeke their right by course of law or
i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the 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 entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the writ brought against an Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
his Additament to his Theater verb. Ansiatici saith is an old Gothish word Where he sheweth not the interpretation It signifieth a certaine societie of Merchants combined together for the good vsage and safe passage of merchandies from kingdome to kingdome This societie was and in part yet is endued with many large priuiledges of princes respectiuely within their territories It had foure principall seates or staples where the Almaine or Dutch Merchants being the erectours of this societie had an especiall house one of which was here in London called Gildhalda Teutonicorum or in our common language the Steelyard Of this you may reade more in the place of Ortelius aboue mentioned Happe commeth of the french Happer i. rapio cum quadam velocitate capio and the french seemeth to come from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It signifieth in our common lawe the same thing as to happe the possession of a deede poll Litleton fol. 8. Haque is a handgunne of about three quarters of a yard long anno 33. H. 8. ca. 6. a. 2. et 3. Ed. 6. ca. 14. There is also the halfe haque or demy hake See Haquebut Haquebut is that peece of artilery or gunne which we otherwise call an harquebuse being both french words anno 2. 3. Ed. 6. ca. 14. anno 4. 5. Ph. Ma. ca. 2. Hariot aliâs Heriot heriotum is the saxon heregeat a litle altered which is drawn from here i. exercitus and a heriot in our Saxons time signified a tribute giuen to the lord for his better preparation toward war Lamb. in his expl of Saxon words verbo hereotum The name is still reteined but the vse altered for whereas by M. Lamb. opinion vbi supra it did signifie so much as Releife doth now with vs now it is taken for the best chaâ—ell that a tenent hath at the houre of his death due vnto the lord by custome be it horse oxe kettle or any such like M. Kitchin distinguisheth betweene heriot seruice and heriot custom fol. 133. 134. for interpretation whereof you shall finde these words in Brooke titulo hariot nu 5. Hariot after the death of the tenent for life is hariot custome For hariot service is after the death of tenent in fee-simple The new Expounder of the lawe termes saith that hariot seruice in some mans opinion is often expressed in a mans graunt or deed that hee holdeth by such seruice to pay hariot at the time of his death that holdeth in fee simple Hariot custome is where hariots haue bin payed time out of mind by custome And this may be after the death of the tenent for life See Plowden fol. 95. b. 69. a. b. Braston saith that heriotum est quasi Releuium lib. 2. cap. 36. See Reliefe But Britton cap. 69. saith that heriot is a reward made by the death of a tenent to any Lorde of the best beaste found in the possession of the tenent deceased or of some other according to the ordinance or assignement of the party deceased to the vse of his Lord which reward toucheth not the Lord at all nor the heire nor his inheritance neither hath any comparison to be Releife for it proceedeth rather of grace or goodwill then of right and rather from villeins then free men See Dyer fol. 199. nu 58. to the same effect This in Scotland is called Herrezelda compounded of herr i. dominus herus and zeild i. gift Skene de verbo signif verbo Herrezelda Hart is a stagge of 5. yeares old compleate Manwood parte 2. of his forest lawes cap. 4. nu 5. which he hath out of Budaeus de philologia li. 2. And if the King or Queene doe hunt him and he escape away aliue then afterward he is called a Hart royall And if the beast by the Kings or Queenes hunting be chased out of the forest and so escape proclamation is commonly made in the places there about that in regard of the pastime that the beast hath shewed to the King or Queene noneshall hurt him or hinder him from returning to the forest and then is he a Hart royall proclaimed Idem eodem Hauberk commeth of the French Haubert i. lorica wherevpon he that holdeth land in France by finding a coate or shirt of mayle and to be readie with it when he shall be called is said to haue Hauberticum feudum whereof Hotoman writeth thus Hauberticum feudum gallicâ linguâ vulgò dicitur pro loricatum i. datum vasallo ca conditione vt ad edictum loricatus siue cataphractus praesto sit Nam vt lorica latinis propriè minus vsitatè est tegmen de loro factum quo maiores in bello vtebantur quemadmodum Seruius Honoratus scribit in libro AeneiduÌ„ 11 frequentissimè autem pro aenea armatura in tegravsurpatur sic apud Gallos Haubert propriè loricam annulis contextam significat quam vulgus Cotte de maille appellat Haec Hot. in verbis feudal verbo Hauberticum feudum Hauberk with our awncesters seemeth to signifie as in France a shirt or coate of mayle and so it seemeth to be vsed anno 13. Ed. pri stat 3. ca. 6. Though in these daies the word is otherwise written as Halbert and signifieth a weapon well enough knowne Haward aliâs Hayward secmeth to be componnded of two french word Hay i. sepes Garde i. custodia It signifieth with vs one that keepeth the common heard of the towne the reason may be because one part of his office is to looke that they neither breake nor croppe the hedges of inclosed grounds It may likewise come from the german herd i. armentuÌ„ bewarren i. custodire He is a sworne officer in the Lords court and the forme of his oath you may see in Kitchin fol. 46. Hawkers be certaine deceitfull felowes that goe from place to place buying selling brasse pewter and other merchandise that ought to be vttered in open market The appellation seemeeth to growe from their vncertaine wandering like those that with hawkes seeke their game where they can finde it You finde the word anno 25. H. 8. ca. 6. anno 33. eiusdem cap. quarto Headborow is compounded of two words Heofod i. caput and Bor-he i. pignus It signifieth him that is chiefe of the franckpledg and him that had the principall gouernment of them within his owne pledge And as he was called Headborowe so was he also called Borowhead Bursholder Thirdborow Tithing man Chiefe pledge or Borowelder according to the diuersitie of speach in diuers places Of this see M. Lamberd in his explication of Saxon words verbo Centuria and in his treatise of Constables and Smith de Repub. Anglo lib. 2. cap. 22. It nowe signifieth Constable See Constable Healfang is compounded of two Saxon words Hals i. colluÌ„ and fang i. capere captivare See Pylorie Heire Haeres though for the word it be borowed of the latine yet it hath not altogether the same signification with vs that it
register fol. 234. which lyeth where the tenent for terme of life or of anothers life tenent by curtesie or tenent in Dower maketh a feofment in fee dyeth he in the reuersion shall haue the foresaid writagainst whomsoeuer that is in the land after such feofment made Ingrossing of a fine is making the indentures by the chirographer and the deliuery of them to the party vnto whom the cognisance is made Fitzh nat br fol. 147. A. Ingrosser ingrossator commeth of the frence Grosseur i. crassiiudo or Grosier i. Solidarius venditor it signifieth in the common law one that buieth corne growing or dead victuall to sell againe except barly for mault oats for oatemeale or victuals to retaile badging by licence and buying of oiles spices and victualls other then fish or salte anno 5. Edward 6. cap 14. anno 5. Elizab cap 14. anno 13. Elizab. cap 25. these be M. Wests words parte 2. simbol titulo Inditements sect 64. howbeit this definition rather doth belong to vnlawfull ingrossing then to the word in generall see Forstaller Inheritance hareditas is a perpetuity in lands or tenements to a man and his heirs For Litleton cap i. lib i hath these words and it is to be vnderstand that this word inheritance is not onely vnderstand where a man hath inheritance of lands and tenements by discent of heritage but also euery fee simple or fee taile that a man hath by his purchase may be said inheritance for that that his heires may inherit him Seuerall inheritance is that which two or moe hould seuerally as if two men haue land giuen them to them and the heires of their two bodies these haue ioynt estate during their liues but their heires haue seuerall inheritance Kitchin fol 155. See the new terms of law verbo Enheritance Inhibition Inhibitio is a writt to inhibit or forbid a Iudge from farder proceding in the cause depēding before him See Fitzh nat br fol 39. where he putteth prohibition and inhibition together inhibition is most commonly a writ issuing out of a higher courte Christian to a lower and inferiour vpon an Appeale anno 24. H. 8. cap 12. and prohibition out of the kings courte to a court Christian or to an inferiour temporall court Iniunction iniunctio is an interlocutory decree out of the Chācerie sometimes to giue possession vnto the plaintife for want of apparence in the defendant sometime to the Kings ordinary court and somtime to the court Christian to stay proceeding in a cause vpon suggestion made that the regour of the law if it take place is against equitie and conscience in that Case see West parte 2. simb titulo Proceeding in Chauncery sect 25. Inlawgh Inlagatus vel homo sub lege signifieth him that is in some frank pledge of whome take Bractons words l. 3. tracta 2. cap. H. nu 5. Minor verò qui infra aetatem duodecim annorū fuerit vtlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlowghe anglicè sc in franco plegio siue decenna sicut masculus duodecim annorum vlteriūs c. Inlaughe significat hominem subiectum leg i Fleta li. i. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the kings protection and to the benifite or estate of a subiect Bracton lib. 3 tracta 2 cap. 14. nu 6. 7. 8. Britton cap 13. Inmates are those that be admitted to dwell for their mony iointly with another mā though in seuerall roomes of his mantiō house passing in and out by one doore and not being able to maintaine themselues which are inquiralle in a leete Kitchin fol 45 where you may reade him at large who be properly Inmates in intendment of law and whoe not Imprision anno 18 Ed 3 statu 4 cap. vnico seemeth to signifie so much as an attempt comming of the french empris which is all one with enterpris an enterprise Inquirendo is an authoritie giuen to a person or persons to inquire into some thing for the kings aduantage which in what cases it lieth see the Register originall fol. 72. 85. 124. 265. 266. 179. 267. Inquisition Inquisitio is a maner of proceeding in maters criminall by the office of the Iudge which Hostiensis defineth thus Inquisitio nihil aliud est quà m alicuius criminis manifesti ex bono aquo Iudicis compeientis canonicè facta investigatio ca. qualiter de accusatio In the Decretales this course we take here in England by the great Enquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with vs vsed for the King in temporall causes and profits in which kinde it is confounded with Office Stawnf praerog fo 51. See Office Inrolement Irrotulatio is the registring recording or entring of any lawful act in the rowles of the chauncerie as recognisance acknowledged or a statute or a fine leuied See West parte 2. symbol titulo Fines sect 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kinde of theeues in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that libertie did receiue in such booties of catell or other things as the out parters brought in vnto them See Out parters Interdiction Interdictio is vsed in the common lawe in the same signification that it hath in the canon lawe where it is thus defined interdictio est censura ecclesiastica prohibens administrationem diuinorum c. quod in te de paenitent remiss in the Decretals and thus is it vsed anno 24. H. 8. cap. 12. Interpleder See Enterpleder Intrusion Intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est vbi quis cui nullum ius competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem iacentem antequam adita fuerit ab harede vel saltem a domino capitals ratione custodiae vel ratione eschaeta si forte heredes non existant vel si post mortem alicuius per finem factum vel per modum donationis vbi successio sibi locum vendicare non possit vel si post mortem alicuius qui tenuit ad vitam debeat tenementum reverti ad proprietariū ponat quis se in seisinā antequā tenemētū illud veniat ad illū ad quem pertinere deberet ex praedictis causis with whome agreeth Fleta lib. 4. cap. 30. § 1. 2. See Britton cap. 65. to the same effect See the newe booke of Entries verbo Entrusion See Entrusion See disseisin the author of new Terms of lawe would haue intrusion especially after the tenent for life is deceased verbo Abatement and abatement in all other cases But I finde
to the pound weight The third is the Controller who is to see that the mony be made to the iust assise to ouersee the officers and controll them if the money be not as it ought to be his fee is 100. merkes per annum Then is the Master of the Assaye who weigheth the siluer and seeth whether it be according to standard his yerely fee is also an hundred merkes Then is the Auditour to take the accompts and make them vp Auditor-like Then is the Surueyor of the melting who is to see the siluer cast out and not to be altered after it is deliuered to the melter which is after the Assay-master hath made triall of it Then is the Clerke of the Irons who seeth that the Irons be cleane and fit to worke with Then the Grauer who graueth the stampes for the monies Then the Smyters of Irons who after they be grauen smiteth them vpon the money Then the Melters that melt the Bullion before it come to the coyning TheÌ„ the Blanchers who do aneale boyle and cleanse the money The Porter who keepeth the gate of the mint The Prouost of the mint who is to prouide for all the monyers and to ouersee them Lastly the monyers who are some to sheere the money some to forge it some to beate it abroade some to rouÌ„nd it some to stampe or coyn it Their wages is not by the day or yeare but vncertaine according to the waight of the money coyned by them Other officers that haue benein former time are said nowe to bee out of vse Misauenture or misaduenture commeth neere the French mesaduenture i. infortunium In our common law it hath an especiall signification for the killing of a man partly by negligence and partly by chaunce As if one thinking no harme dissolutely throweth a stone where with he killeth another or shooteth an arrow c. For in this case he committeth not felony but onely looseth his goods and hath pardon of course for his life Stawn pl. cor li. 1. ca. 8. Britton ca. 7. distinguisheth betweene Auenture and misauenture Auenture he maketh to be meere chaunce as if a man being vpon or neere the water be taken with some sodaine sicknes and so fall in and is drowned or into the fire and be burned to death Misauenture he maketh where a man commeth to his death by some outward violence as the fall of a tree or of a gate the running of a cartwheele the stroke of a horse or such like So that misauenture in Stawnfords opinione is construed somewhat more largely then Britton vnderstandeth it West parte 2. Symbol titulo Inditement sect 48. maketh homicide casuall to be meerely casuall or mixt Homicide by meere chaunce he defineth sect 49. to be when a man is slaine by meere fortune against the minde of the killer as if one hewing the axe flieth of the haste and killeth a man And this is all one with Brutons misauenture Homicide by chaunce mixed he defineth sect 50. to be when the killers ignorance or negligence is ioyned with the chaunce as if a man loppe trees by an high way side by which many vsually trauell and cast downe a bowgh not giuing warning c. by which bowgh a man passing by is slaine Miscontinuance Kitchin fol. 231. See Discontinuance Mise misa is a French word signifing as much as expensum in latine and the latine word Misa is so vsed in Kitchin fol. 144. and in West parte 2. Simbol titulo Proceedings in chauncery sect 21. F. It is vsed anno 2. 3. Ed. 6. ca. 36. for a somme of mony paid by the Kings tenents in certaine counties in Wales according to their seuerall customes In the statute 33. H. 8. ca. 13. it is vsed plurally for certaine custumary gratuities sent to to the Lord Marchers of Wales by their tenents at their first comming to their lands And anno 4. 5. Phil. Mar. ca. 11. mise is vsed in an action of right or property for the point whereupon the parties proceede to triall either by Assise or battaile as issue is in an action personall if the Mise be vpon battell Litleton fol. 102. and in the old nat br fol. 〈◊〉 you haue these words Know yea that this writ hath but two issues that is to say ioyning the mise vpon the meere and that is to put himselfe into the great Assise of our soueraigne Lord the King or to ioyne battaile See anno 37. Ed. 3. ca. 16. To ioyne the mise vpon the meere is as much to say as to ioyne the mise vpon the cleare right and that in more plaine terms is nothing else but to ioyne vpon this point whether hath the more right the tenent or demaundant Litleton li. 3. ca. 8. foll 101. b. This word in some other place is vsed for a participle signifiing as much as cast or put vpon in english which appeareth by S. Ed. Cokes report in Saffins case vol. 6. fo 124. a. Misericordia is vsed in the common law for an arbitrary punishment Bracton li. 4. tracta 5. ca. 6. in these words Item siquis in misericordiam inciderit pro disseisina non remanebit misericordia exigenda si ille qui â—miserit quaesiuerit conuictionem Kitchin fol. 78. out of Glanuile saith thus Est autem misericordia quia quis per iuramentum legalium hominum amerciatus est ne aliquid de suo honorabili contenemento amittaâ— which saying you haue in a maner word forword in Glanvile lib. 9. cap. 11. Fitzherbert saith that it is called misericordia because it ought to be very moderate and rather lesse then the offence according to the tenure of the great charter cap. 14. This saith Fitz. in his nat br in the writ De moderata misericordia fol. 75. A. I. Misericordia is to be quit of Misericors that is to be discharged of all maner of amercements that a man may fall into within the Forest Crompton Iurisd fol. 196. See Amerciament See Mercy and Moderata misericordia Miskeâ—ning i. chaunging of speech in court Saxon in the description of Engl. cap. 11. Misnomer is compounded of the French mes which in composition alwaies signifieth as much as amisse and nomer i. nominare It signifieth in our common lawe the vsing of one name for another or mis-tearming Broke titulo Misnomer Misprision Misprisio commeth of the French Mespris i. fastidiuÌ„ contemptus it signifieth in our common lawe neglect or negligence or ouersight As for example Misprision of treason or of felony is a neglect or light accompt shewed of treason or felony commited by not reuealing it when we know it to be committed Stawnf pl. cor li. 1. ca. 19. which read at large or by letting any person committed for treason or felony or suspitioÌ„ of either to goe before he be indited Also Misprision of Clerks anno 8. He. 6. ca. 15. is a neglect of Clerks in wrighting or keeping records Thirdly anno 14. Ed. 3. ca. 6. statu pri
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of Right which is of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the statute anno 27. Ed. 3. stat 2. cap. 17. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners by direction from the mouth of the King Guins preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
Scutagium aut servitium regale licet ad vnum obulum vel seriantiam illud poterit dici feudum militare This free Soccage is also called common Socage anno 37. H. 8. cap. 20. Soccage in base tenure or villanum Soccagium is diuided againe in villanum Soccagium purum villenagium Villanum Soccagium est illud de quo fit certum seruitium idque ratione sui tenemēti non personae suae Purum villenagium est illud in quo praestatur seruitium incertum indeterminatum vbi sciri non poterit vespere quale seruitium fieri debet mane viz. vbi quis facere tenetur quicquid ei praeceptum fuerit Bracton lib. 2. cap. 8. num 3. The old nat br fol. 94. maketh three parts of this diuision viz. Soccage of free tenure Soccage of auncient tenure and soccage of base tenure soccage of free tenure is as the booke saith where a man holdeth by free seruice of 12. pence by yeare for all maner of seruices or by other seruices yearely Soccage of auncient tenure is of land of auncient Demesn where no writ originall shall be siewed but the writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hould in Soccage and may haue none other writ but the Monstraverunt and such Sockmen hould not by certaine Seruice And for that are they not free Sockmen Then againe Soccage is diuided into soccage in cheife and common soccage Soccage in cheife or in capite is that which holdeth of the King as of his Crowne Praerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or maner Ibidem Burgage is also a kinde of Soccage See Burgage Sockmans Sockmanni are such tenents as hould their lands and tenements by Soccage tenure And accordingly as you haue 3. kinds of Soccage soe be there 3. sorts of sockmans as sockmans of frank tenure Kitchin fol. 81. sockmans of anncient Demesn ould nat br fol. 11. and Sockmans of base tenure Kitchin vbi supra But the tenents in auncient Demesn seeme most properly to be called Sockmans Fitzh na br f. 14. B. Brit. c. 66. n. 2. Soke anno 32. H. 8. cap. 15. cap. 29. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus lib. 1. cap. 47. § Soke See Roger Houeden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Register originall fol. 1. a. Sokereue seemeth to be the Lords rent gatherer in the Soke or Soken Fleta lib. 2. cap. 55. in principio Sole tenent Solus tenens is he or shee which holdeth onely in his or her owne right without any other ioyned For example if a man and his wife hould land for their liues the remainder to their son here the man dying the Lord shall not haue Heriot because he dieth not sole tenent Kitchin fol. 134. Solicitour Solicitator commeth of the French Soliciteur It signifieth in our commō law a man imploied to folow suites depending in law for the beter remembrance and more case of Atturnies who commonly are so full of clients and busines that they cannot so often attend the seriants and counsellers as the case may require Solet Debet See Debet solet Solidata terrae see Farding deale of land Sollace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our common law as much as vocatio in ius or citatio among the Ciuilians And thence is our word somner which in French is semonneur i. vocator monitor The Custumary of Normandie for our sommons hath semonse ca. 61. summons of the Exchequer anno 3. Ed. pri ca. 19. anno 10. eiusdem cap. 9. How summons is diuided and what circumstances it hath to be obserued See Fleta lib. 6. cap. 6. 7. Solutione feodi militis Parlamenti and solutione feodi Burgen Parlamenti be writs whereby Knights of the Parlament may recouer their allowance if it be denyed anno 35. H. 8. ca. 11. Sontage Stow. pag. 284. is a taske of fourty shillings laid vpon euery Knights fee. Sorting Kerseies 3. Iacobi ca 16. Sothale is a kinde of intertainment made by Bayliffes to those of their Hundreds for their gaine Which sometime is called Filctale Of this Bracton lib. 3. tracta 2. cap. pri hath these words De Balliuis quifaciunt ceruisias suas quas quandoque vocant sothale quandoque Filctale vt pecunias extorque ant ab eis qui sequntur Hundreda sua Baliuas sitas c. I thinke this should rather be written Scotale See Scotale Southvicont Subvicecomes is the vnder Shyreeue Cromptone Iurisdict fol 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their art signifiing so much as to be leuiable or possible to be gathered or collected For example estreats that sowne not are such as the Shyreeue by his industry cannot get and estreats that sowne are such as he can gather anno 4. H. 5. ca. 2. Speaker of the Parlament is an officer in that high Court that is as it were the common mouth of the rest and as that honourable assembly consisteth of two houses one called the higher or vpper house consisting of the King the nobility and Kings councell especially appointed for the same the other termed the lower or commonhouse containing the Knights of the Shires the citizens barons of the cinque ports and the burgeses of borough townes so be there also two speakers one termed the Lord speaker of the higher house who is most commonly the Lord Chaunceler of England or Lord Keeper of the great seale the other is called the speaker of the lower house And the duties of these two you haue perticularly described in M. Vowels aliâs Hookers booke intituled The order and vsage of keeping the Parlament Speciall mater in euidence See Generall issue And Brooke titulo Generall issue and speciall euidence Spiritualties of a Bishop spiritualia Episcopi be those profits which he receiueth as he is a Bishop and not as he is a Baron of the Parlament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefite growing from ordering and instituting Priests prestation money that subsidium charitatiuum which vppon reasonable cause he may require of his Clergie Iohannes Gregorius de Beneficiis cap. 6. num 9. and the Benefite of his Iurisdiction Ioachimus Stephanus de Iurisd lib. 4. cap. 14. num 14. for these reckoneth exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem subsidium charitatiuum celebrationem synodi collationem viatici vel commeatus cùm Episcopus Romam proficiscitur ius hospitii Litaniam Processionem Spikenard spica nardi vel nardus is a medicinall herbe whereof you may for your farder instruction
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law