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-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
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.
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
Archbishop of Canterbury of equal authority with the Arches though inferior both in Dignity and Antiquity and is held in the Archbishops Palace Of which you may read more in a Book entituled De Antiquitate Ecclesiae Britannicae Historia and 4 Inst fol. 337. Audiendo terminando Is a Writ or rather a Commission directed to certain persons when any Insurrection or great Misdemeanor is committed in any place for the appeasing and punishment thereof of which you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer Audita querela Is a Writ that lies against him who having taken a Statute-Merchant or Recognisance in the nature of a Statute Staple or a Judgment or Recognisance of another and craving or having obtained execution of the same from the Major and Bailiffs before whom it was entred at the complaint of the party who entred the same upon suggestion of some just cause why Execution should not be granted as a Release or other Exception This Writ is granted by the Lord Chancelor of England upon view of the Exception suggested to the Judges of either Bench willing them to grant Summons to the Sheriff of the County where the Creditor is for his appearance at a certain day before them See more in Old Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102. Auditor Lat. Is an Officer of the King or some other great personage who yearly by examining the Accompts of all under Officers accomptable makes up a general Book which shews the difference between their Receipts or Charge and their Allowances commonly called Allocations As namely the Auditors of the Exchequer take the Accompts of those Receivers who receive the Revenues of the Augmentation as also of the Sheriffs Escheators Collectors and Customers Of which see the Statute 33 Hen. 8. c. 83. and 4 part Inst fol. 106. Auditor of the Prests or Imprests Are also Officers in the Exchequer who take and make up the great Accompts of Ireland Berwick the Mint and of any Money imprested to any Man for His Majesties service See Practise of the Exohequer p. 83. Auditor of the Receipts Is an Officer of the Exchequer who Files the Tellers Bills and makes an Entry of them and gives in every week to the Lord Treasurer a Certificate of the Money received He makes also Debentures to every Teller before they pay any Money and takes their Accompts See 4 part Inst fol. 107. Aventure rectiùs adventure Is a mischance causing the death of a Man without Felony as when he is suddenly drowned or burnt by any disease or mischance falling into the Water or Fire Britton cap. 7. where you may read how it differs from Misadventure which see Avenage Fr. A certain quantity of Oats paid to a Land-lord in lieu of some other duties or as a Rent from the Tenant Avenor from the Fr. avene i. Oats Is an Officer of the Kings who provides Oats for his Stable and is mentioned Anno 13 Car. 2. cap. 8. Avera quasi overa à Gal. ouvre ouvrage velut operagium In Doomsday Grentbrigsh Rex Fordham sed tamen semper inveniat Averam vel 8 d. in Servicio Regis That is a days work of a Ploughman or 8 d. 4 Inst fol. 269. Average averagium from Averia i. Cattle Signifies Service which the Tenant ows the King or other Lord by Horse or Ox or by Carriage with either For in ancient Charters of Priviledges we finde Quietum esse de Averagiis Others probably derive it from the French euvrage or euvre i. opus It hath two significations First Rastal mentions the Kings Averages which I take to be the Kings carriage by Horse or Cart. Then Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others do proportionably make towards their losses who have their Goods cast into the Sea for the safeguard of the Ship or of the Goods and Lives of them in the Ship in time of a Tempest And this contribution seems to be so called because it is proportioned after the rate of every Mans Average or Goods carried In this last sence it is also used in the Statute 14 Car. 2. cap. 27. Average Is also a little duty which those Merchants who send Goods in another Mans Ship do pay to the Master of it for his care of them over and above the Freight for in Bills of Lading it is expressed Paying so much Freight for the said Goods with Frimage and Average accustomed Averiis captis in Withernam Is a Writ for taking Cattle to his use who hath his Cattle unlawfully taken by another and driven out of the County where they were taken that they cannot be Replevied Reg. of Writs fol. 82. When mention is made of one Beast we say Quidam equus vel quidam bos when of two or more we do not say Equi or boves but tot averia Averment verificatio From the Fr. Averer i. verificare testari Signifies commonly an offer of the Defendant to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action and it signifies the Act as well as the offer of justifying the Exception For Anno 34 Edw. 1. Stat. 2. The Demaâ—â—ant will offer to aver by the Assise or Jury c. In the English Nat. Br. fol. 57. These Errors shall be tryed by Averment c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment to say that c. Averment is twofold viz. general and particular a general Averment which is the conclusion of every Plea to the Writ or in Bar of Replications and other Pleadings for Counts or Avowries in nature of Counts need not be averred containing matter Affirmative ought to be averred with an hoc paratus est verificare c. Particular Averment is when the life of Tenant for Life or Tenant in Tail is averred c. And an Averment contains as well the matter as the Form thereof Coke on Littl. fol. 362. b. Averpeny quasi average-peny Is Money contributed towards the Kings averages or Money given to be freed thereof Rastals Exposition of words Averpeny hoc est quietum esse de diversis Denariis pro averagiis Domini Regis Augmentation augmentatio Was the name of a Court erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament to this end that the King might be justly dealt with touching the profit of such Religious Houses and their Lands as were given him by Act of Parliament the same year not Printed For dissolving which Court there was authority given Queen Mary by the Parliament held the first of Her Reign Sess 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent The Court took name from this That the Revenue of the Crown was thought to be much augmented by the suppression of the said Houses many of which the King reserved to the Crown Avisage See Avago
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
or Grant either in writing or without writing As if I enfeoff a Man in Lands reserving a Rent to be paid at such a Feast upon Condition if the Feoffee fail of payment at the day then it shall be lawful for me to re-enter Condition Implied which is called a Condition in Law Is when a Man Grants to another the Office of Keeper of a Park Steward Bailiff or the like for Life though there be no Condition at all expressed in the Grant yet the Law makes one covertly which is if the Grantee does not justly execute all things pertaining to his Office by himself or his sufficient Deputy it shall be lawful for the Grantor to enter and discharge him of his Office See Littleton lib. 3. cap. 5. Cone and Key Bracton lib. 2. cap. 37. num 3. Foemina in tali atate i. 14 15 Annorum potest disponere Domui suae habere Cone Key Colne in the Saxon signifies Calculus computus and Key clavis So that a Woman was then held to be of competent years when she was able to keep the Accounts and Keys of the House and Glanv lib. 7. cap. 9. hath somewhat to the same purpose Confederacy Confederatio Is when two or more confederate or combine themselves to do any damage to another or to commit any unlawful act And though a Writ of Conspiracy does not lie if the party be not indited and in lawful manner acquitted for so are the words of the Writ yet false confederacy between divers persons shall be punished though nothing be put in execution which appears by the Book of 27 Assis Placit 44. where two wâ—â—e indited of Confederacy each to maintain other whether their matter were true or false and though nothing were supposed to be put in practise the Parties were enjoyn'd to answer since the thing is forbidden by Law So in the next Article in the same Book enquiry shall be made of Conspirators and Confederators which binde themselves together c. This Confederacy punishable by Law before it be executed ought to have four incidents First It must be declared by some matter of prosecution as by making of Bonds or Promises the one to the other 2. Malicious as for unjust revenge 3. It ought to be false against an innocent Lastly to be out of Court voluntary Terms de la Ley. Confirmation Confirmatio Is a strengthning or confirming an estate to one who hath the possession by a voidable Title though not at present void As a Bishop grants his Chancellorship by Patent for term of the Patentees life This is no void grant but voidable by the Bishops death except it be strengthned by the Dean and Chapters Confirmation See more of this in West pa. 1. Symb. lib. 2. sect 500. Fitz. Nat. Br. fol. 169. b. and Littleton lib. 3. cap. 9. Confiscate From the Lat. Confiscare and that from Fiscus which originally signifies a Hamper Pannier or Basket but Metonymically the Emperors Treasure which was anciently kept in such Hampers and though our King keeps not His Treasure in such things yet as the Romans said such Goods as were forfeited to the Emperors Treasury for any offence were Bona confiscata so say we of those that are forfeited to our Kings Exchequer And the title to have these Goods is given the King by the Law when they are not claimed by some other As if a Man be indited for feloniously stealing the Goods of another where in truth they are the proper Goods of him indited and they are brought in Court against him who being asked what he saith to the said Goods disclaims them By this Disclaimer he shall lose the Goods though he be afterwards acquitted of the Felony and the King shall have them as Confiscate but otherwise if he had not disclaimed them So where Goods are found in the Felons possession which he disavows and afterwards is attainted of other Goods and not of them there the Goods which he disavows are Confiscate to the King but had he been attainted of the same Goods they should have been said forfeited not Confiscate notwithstanding his disavowment See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note Confiscare Forisfacere are Synonyma and Bona confiscata are Bona forisfacta 3 Inst fol. 227. Confrairie Fr. A Fraternity Fellowship or Society as the Confrairie de Seint George or de les Chivaliors de la bleu Jartier Selden Confréeres Fr. Confreres Brethren in a Religious House Fellows of one and the same House or Society Anno 32 Hen. 8. cap. 24. Congeable from the Fr. Conge i. Leave Licence or Permission Signifies as much as lawful or lawfully done or done with leave of permission as The entry of the Disseisee is congeable Littleton sect 410. and 2 par Croke fol. 31. Conge d'â—â—ccorder Fr. i. Leave to accord or agree I finde it in the Statute of Fines An. 18 Edw. 1. in these words When the Writ original is delivered in presence of the Parties before Justices a Pleader shall say this Sir Justice Conge d'Accorder and the Justice shall say to him What saith Sir R. and shall name one of the Parties c. Conge d'Eslire Fr. i. Leave to chuse Signifies the Kings Permission Royal to a Dean and Chapter in time of Vacation to chuse a Bishop or to an Abbey or Priory of his own Foundation to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169 170. Gwin in the Preface to his Readings says The King of England as Soveraign Patron of all Arch-Bishopricks Bishopricks and other Eccsesiastical Benefices had of ancient time free appointment of all Ecclesiastical Dignities whensoever they chanced to be void investing them first per baculum annulum and afterwards by His Letters Patent and that in process of time he made the Election over to others under certain Forms and Conditions as namely that they should at every vacation before they chuse demand of the King Conge d'Eslire that is Leave to proceed to Election and then after the Election to crave His Royal assent c. And he affirms that King John was the first that granted this which was afterward confirmed by Westm 1. cap. 1. and again by Articuli Cleri cap. 2. Congius An ancient Measure of Six Sextaries which is about a Gallon and a Pint. Et reddat quinque Congios celia unum Ydromelli triginta panes cum pertinentibus pulmentariis Carta Edmundi Regis de Anno 946. Conisance See Cognizance Conisor alias Cognizor Recognitâ—r Is used in the passing of Fines for him that acknowledges the Fine and the Conizee is he to whom the Fine is acknowledged Anno 32 Hen. 8. cap. 5. West pa. 1. Symb. lib. 2. sect 49. and Parte 2. tit Fines sect 114. Conjuration Conjuratio Signifies a Plot or Confederacy made by some persons combining themselves together by oath or promise to do some publick harm But it is more especially used for the having personal conference with
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse
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
further in Fleta lib. 6. ca. 8. seq and that these came to us from the Civil-Lawes and the Normans is well shewed by the grand Custumary where you may find in a manner all that our Lawyers say of this matter ca. 39. to 45. Essoins and Profers Anno 32 Hen. 8. ca. 21. See Profer Essonio de malo lecti Is a Writ directed to the Sheriff for sending four lawful Knights to view one that has Essoined himself de malo lecti Reg. of Writs fol. 8. b. Establishment of Dower Seems to be the assurance or settlement of Dower made to th Wife by the Husband or his Friends before or at Marriage And Assignment is the setting it out by the Heir afterwards according to the Establishment Britton ca. 102 103. Estandard or Standard Fr. Estandart i. Signum vexillum An Ensign for Horsemen in War and is commonly that of the King or Chief General But it is also used for the Principal or Standing-Measure of the King to the scantling whereof all the Measures throughout the Land are or ought to be framed by the Clerks of the Market Aulneger and other Officers according to their several Offices For it was established by Magna Charta 9 Hen. 3. ca. 9. That there should be but one scantling of Weights and Measures through the whole Realm which was confirm'd by the. Stat. 14 Edw 3. ca. 12. From henceforth there shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm 17 Car. 1. ca. 19. It is called a Standard with good reason because it stands constant and immoveable and hath all other Measures coming towards it for their Conformity as Souldiers in the field have their Standard or Colours to repair to Of these Measures read Britton ca. 30. Estate Fr. Estat i. Conditio Signifies especially that Title or Interest which a Man hath in Lands or Tenements as Estate simple otherwise called Fee simple and Estate conditional or upon condition which is according to Litt. lib. 3. ca. 5. either upon Condition in Deed or upon Condition in Law The first is where a Man by Deed indented infeoffs another in Fee reserving to him and his heires yearly a certain Rent payable at one Feast or at divers upon condition that if the Rent he behind c. it shall be lawful for the Feoffer and his heirs to enter Estate upon condition in Law is such as hath a Condition in Law annexed to it though it be not specify'd in writing For example if a Man grant to another by his Deed the Office of a Parker for life This Estate is upon condition in the Law or imply'd by Law viz. If the Parker so long shall well and truly keep the Park c. We read also of an Estate particular which is an Estate for life or for years Perkins Surrenders 581. Esterling See Sterling Estopel from the Fr. Estouper i. Oppilare Obstipare Is an impediment or bar of an Action growing from his own Fact who hath or otherwise might have had his Action For example a Tenant makes a Feoffment by collusion to one the Lord accepts the Services of the Feoffee by this he debars himself of the Wardship of his Tenants heir Fitz. Nat. Br. fol. 142. k. And Broke hoc titulo Coke lib. 2. Casu Goddard defines an Estopel to be a bar or hindrance to one to plead the truth and restrains it not to the impediment given a man by his own act onely but by anothers also Lib. 3. Case of Fines fol. 88. There are three kinds of Estopel viz. By matter of Record by matter in Writing and by matter in Paiis Of which see Coke on Litt. fol. 352. a. Estovers Estoveria from the Fr. Estouver i. Fovere Signifies nourishment or maintenance Bracton lib. 3. tract 2. ca. 18. num 2. uses it for that sustenance which a man apprehended for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Stat. 6 Ed. 1. ca. 3. useth it for an allowance in meat or cloth It is also used for certain allowances of Wood to be taken out of another Mans Woods Westm 2. ca. 25. 20 Car. 2. ca. 3. West pa. 2. Symbol tit Fines Sect. 26. sayes Estovers comprehends House-bote Hay-bote and Plow-bote As if one hath in his Grant these general words De rationabili Estoverio in boscis c. He may thereby claim these three In some Mannors the Tenants have Common of Estovers that is necessary Botes out of the Lords Woods As at Orleton in Com. Heref. where the Tenants paid the Lord a Wood-hen yearly by way of Rent or Retribution for the same Rationabile Estovorium See Alimony Estray from the old Fr. Estrayeur Lat. Extrahura Pecus quod elapsum a custode campos pererrat ignoto Domino Signifies any beast that is not wild found within any Lordship and not owned by any man in which Case if it be Cried according to Law in the next Market-Towns and it be not claimed by the Owner within a Year and a day it is the Lords of the Soil See Britton ca. 17. See Estrays in the Forrest Anno 27 Hen. 8. ca. 7. New Book of Entries verbo Trespas concernant Estrey The ancient Law of K. Inas was Diximus de ignotis pecoribus ut nemo habeat sine testimonio Hundredi vel bominum Decennae i. Sectatorum Letae Spel. Estreat Extractum Is used for the Copy or true Note of an Original Writing and especially of Amerciaments or Penalties set down in the Rolls of a Court to be levied by the Bailiff or other Officer upon every Man for his Offence See Fitz. Nat. Br. fol. 57 76. And so-it is used We stm 2. ca. 8. Clerk of the Estreats See in Clerk Estrepe Fr. Estropier i. Mutilare To make spoil by a Tenant for life in Lands or Woods to the prejudice of him in reversion Estrepement or Estrepament From the Fr. Estropier i. mutilare Signifies spoil made by the Tenant for term of life upon any Lands or Woods to the prejudice of him in the Reversion Stat. 6. Edw. 1. ca. 13. And it may seem by the derivation that Estrepament is properly the unreasonable soaking or drawing away the heart of the Land by Plowing and Sowing it continually without Manuring or other good Husbandry And yet Estropier signifying mutilare it may no less properly be applyed to those that cut down Trees or lop them farther then the Law allowes It signifies also a Writ which lies in two Cases the one when a Man having an Action depending as a Formdon dum fuit infra atatem Writ of right or such like wherein the Demandant is not to recover Damages sues to inhibit the Tenant from making wast during the Sute The other is for the Demandant who is adjudged to recover Seisin of the Land in question and before Execution sued by the Writ Habere facias possessionem for fear
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee fee-Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
it is arbitrary Fresh fine Is that which was levied within a year past Westm 2. ca. 45. Anno 13 Edw. 1. Fresh force Frisca fortia Is a force done within fourty dayes Fitz. Nat. Br. fol. 7. For if a man be Disseis'd of any Lands or Tenements within any City or Borough or deforced from them after the death of his Ancestor to whom he is heir or after the death of his Tenant for Life or in Tayl he may within fourty dayes after his title accrued have his remedy by an Assise or Bill of Fresh force See Old Nat. Br. fol. 4. a. Fresh sute Recens insecutio Is such a present and active following an Offender as never ceases from the time of the Offence committed or discover'd until he be apprehended And the benefit of the pursute of a Felon is That the party pursuing shall have his Goods restored him whereas otherwise they are the Kings of this see Stamf. Pl. Cor. lib. 3. ca. 10 and 12. where you shall find what sute is to be accounted fresh and what not The same Author lib. 1. ca. 27. saith that fresh sute may continue for seven years See Cokes Reports lib. 3. Rigeways Case Fresh sute is either within the view or without For Manwood sayes That upon fresh sute within the view trespassers in the Forest may be attached by the Officers pursuing them though without the limits of the Forest pa. 2. ca. 19. num 4. Friar or Frier Lat. Frater Fr. Frere i. A Brother an Order of Religious persons of which these are reckoned the principal Branches Anno 4 H. 4. ca. 17. viz. Minors Grey-Friers or Franciscans Augustins Dominicans or Black-Friers and White-Friers or Carmelites from which the rest descend See Zecchius de Repub. Eccles p. 380 and Linwood tit de relig Domibus c. 1. verbo Sancti Augustini Friburgh alias Frithborg from the Sax. frith i. Pax. and borge i. Fidejussor Is the same with Francpledge the one being in use in the Saxons time the other since the Conquest wherefore for the understanding this read Frankpledge and the Laws of King Edward set out by Lambert fol. 232. in these words Praeterea est quaedam summa maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freoborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum c. Bracton mentions Fridburgum lib. 3. Tract 2. ca. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes Armigeros c. Dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos armigeros alios sibi servientes quod si cui forisfecerint ipsi Domini sui habeant eos ad rectum si non habuerint solvant pro eis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastis Where we learn the reason why Great Men were not combined in any ordinary Dozein because they were a sufficient assurance for themselves and for their menial servants no less then the ten were one for another in ordinary Dozeins See Skone verbo Freiborgh Fleta writes it Frithborgh and useth it for the principal man or at least for one of the Dozein lib. 1. ca. 47. See Hoveden parte poster Annal. in Hen. 2. fol. 345. But Spelman makes a difference between Friborg and Frithborg saying The first signifies libera securitas or fidejussio the other pacis securitas Fridstoll et Frithflow from the Sax. frith pax stol sedes cathedra stow locus A Seat Chair or place of Peace In the Charter of Immunities granted to the Church of St. Peter in York confirmed Anno 5 Hen. 7. Fridstol is expounded Cathedra quictudinis pacis Of these there were many others in England but the most famous at Beverley which had this Inscription Haec sedes lapidea Freedstoll dicitur i. Pacis Cathedra ad quam reus fugiendo perveniens omnimodam habet securitatem Camd. Frier observant Frater observans Is a branch of the Franciscans which are Minores tam observantes quam conventuales Capuchini These we find spoken of An. 25 Hen. 8. ca. 12. who are called Observants because they are not combined together in any Cloister Covent or Corporation as the Conventuals are but onely by themselves to observe the Rules of their Order and more strictly then the Conventuals do and upon a singularity of zeal separate themselves from them living in certain places of their own chusing of whom you may read Hospinian de Orig. progress Monachatus ca. 38. fol. 878. Friperer Fr. Fripier i. Interpolator One that furbushes and scowers up old Apparel to sell again It is used for a bastardly kind of Broaker Anno 1 Jac. ca. 21. Frithbrech Sax. Pacis violatio LL. Ethelredi ca. 6. See Frythe Frithburgh See Friburgh Frithmote Per Frithmote Jo. Stanley Ar. clamat capere annuatim de villa de Olton quae est infra Feodum Manerium de Aldford infra Forestam de la Mara x. sol quos Comites Cestriae ante confectionem Cartae praedictae solebant capere Pl. in Itin. apud Cestriam 14 Hen. 7. Frithsocne et Frithsoke frith i. Pax. socne Libertas Tuendae pacis jurisdictio or according to Fleta Libertas habendi franci plegii or immunitatis locus Froborg or Freoburgh from the Sax. freo i. Free and borge i. Fidejussor See Friburgh and Franc-pledge Frodmortel rectius Freomortel from the Sax. freo Free and Morþ doed Murder An Immunity or Freedom granted for Murder or Man-slaughter Carta Adelstani Regis Sancto Wilfrido de Rippon concessa Wyt all that es and es gan Yat ik King Adelstan As given al 's frelith as I may And to ye Capitel of Seint Wilfrai Of my free Devotion Yair pees at Rippon On ilke side the Kyrke a mile For all ilk deeds and ylke agyle And within yair Kyrke yate At ye stan yat Grithstole hate Within ye Kyrke dore and ya quare Pair have pees for les and mare Ilkan of yis stedes sal have pees Of Frodmortel and il deedes Yat yair don is Tol Tem With Iron and with Water deme And yat ye Land of Seint Wilfrai Of alkyn geld fre sal be ay At nai nan at langes me to In yair Herpsac sal haue at do And for ik will at yai be saue I will at yai alkyn fréedome haue And in all thinges be al 's frée As hert may thinke or eygh may sée At te power of a Kinge Masts make free any thynge And my seale haue I sat yerto For I will at no Man it undo Frumgyld Sax. Prima capitis aestimationis pensio vel solutio The first payment made to the
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
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
fol. 78. and Brook tit Severance Summons fol. 238. There is also Severance of the Tenants in an Assise when one two or more Disseisors appear upon the Writ and not the other New Book of Entries fol. 81. And Severance in Attaints eodem fol. 95. And Severance in Debt fol. 220. where two Executors are named Plaintiffs and the one refuseth to prosecute Severance of Corn is the cutting and carrying it from off the Ground and sometimes the setting out the Tythe from the rest of the Corn is called Severance See Crokes Rep. 2 Part fol. 325. Several Tayl Tallium Separatum Is that whereby Land is given and entailed severally to two For example Land is given to two Men and their Wives and to the Heirs of their Bodies begotten the Donees have joynt-joynt-estate for their two lives yet they have several inheritance because the issue of the one shall have his moyety and the issue of the other the other moyety Several Tenancy Tenura Separalis Is a Plea or Exception to a Writ that is laid against two as Joynt who are indeed several Brook hoc tit fol. 273. Sewer Severa Sewera Est fossa in locis palustribus ducta ad aquas eliciendas c. A Passage or Gutter to carry Water into the Sea or a River Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as by authority under the Great Seal see Drains and Ditches well kept and maintained in the Marish and Fen Countreys for the better conveyance of the Water into the Sea and preserving the Grass upon the Land for Food of Cattle See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem cap. 11. Touching the Draining the Great Level in the Fens called Bedford Level and the authority of the Governor Bailiff c. As Commissioners of Sewers Sextary Sextarius Was an ancient Measure containing about our pint and a half according to the Latin Dictionary the City now Town of Leicester paid inter al. to the King yearly Twenty five Measures called Sextaries of Honey as we read in Domesday And in Claus 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini Et unum Sextrium Salis apud Wainflet Mon. Angl. 2 par fol. 849. b. Decem Mittas brasii quatuor Sextarios Avenae ad praebendam Idem 1 par fol. 136. b. Where it seems to have been used for a much greater quantity A Sextary of Ale contained xvi Lagenas See Tolsester Sexagesima See Septuagesima Shack Is a Custom in Norfolk to have Common for Hogs from the end of Harvest till Seed time in all Mens Grounds without control Cokes 7 Rep. fol. 5. Corbets Case And in that County To go at Shack is as much as to go at large Shares See Flotzon Sharping Corn Is a Customary gift of Corn which at every Christmas the Farmers in some parts of England give to their Smith for sharping their Plough Irons Harrow times and such like and exceeds not half a Bushel for a Plough-Land Sherbet Anno 15 Car. 2. cap. 11. Is a Compound Drink lately introduced in England from Turky and Persia and is made of Juyce of Lemmons Sugar and other ingredients Another sort of it is made of Violets Honey Juyce of Raisins c. Sherbert in the Persian Tongue signifies pleasant Liquor Shermans Craft Is a Craft or Occupation at Norwich the Artificers whereof do Shear as well Worsteads Stamins and Fustians as all other Woollen Cloth and mentioned Anno 19 Hen. 7. cap. 17. Shewing Is to be quit of Attachments in any Court and before whomsoever in Plaints shewed and not avowed Terms Ley. See Scavage Shilling Sax. scilling Among our English Saxons consisted but of Five pence Si in capillis sit vulnus longitudinis unius Unciae V. denariis i. uno solido componatur LL. H. 1. c. 39. Ship-money Was an Imposition charged upon the Ports Towns Cities Boroughs and Counties of this Realm in the time of King Charles the First by Writs commonly called Ship-writs under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings service c. which by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm the Petition of Right Liberty of the Subjects c. Shipper Anno 1 Jac. sess 1. cap. 33. Is a Dutch word signifying the Master of a Ship We corrupt it into Skipper and use it for any Common Seaman Shire Comitatus From the Saxon Scir or Scyre i. To part or divide Is well known to be a part or portion of this Land called also a County Who first divided this Land into Shires see in Camd. Britan pag. 102. Of which there are in England Forty and in Wales Twelve In privilegiorum Chartis ubi conceditur quietum esse a Shiris intelligendum est de immunitate qua quis eximitur a Secta vel clientela Curiis Vicecomitum quas etiam Shiras â—â—cant prestanda vel perficienda Spel. The Assises of the Shire or the Assembly of the people of a County was called dcir-gemot by the Saxons Shirif or Shiref Vicecomes quasi Shire-reve Sax. scire-gerefa i. Pogi vel Comitatus Praepositus the Cheif Officâ—â— under the King of a Shire or County Camden in his Britan. pag. 104. thus describes his Office SIngulis vero annis Nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi Vicarium Comitis nostra lingua Shyref i. Comitatus Praepositum vocamus Qui etiam Comitatus vel Provinciae Quastor recte dici potest Ejus enim est publicas pecunias Provinciae suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Judicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Judices referunt Judices enim apud nos Juris solum non facti sunt Judices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autem jus dicunt Justiciarii quos Itinerantes ad Assisas vocant qui quot annis hos Comitatus bis adeunt ut de Causis cognoscant Carceratis Sententiam ferant Henricus secundus hos Itinerantes instituit vel potius restituit Ille ut inquit Matth. Paris consilio filii sui Episcoporum constituit Justiciarios per sex partes Regni in qualibet parte tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the Antiquity and Authority of this Officer read Cokes Rep. lib. 4. Mittons Case and Spelmans Glossarium verbo Vicecomes The Shirif was anciently chosen in the County Court by the Suffrages of the People as Knights of Parliament yet are but is now nominated by the the King See Fortescu cap. 24. fol. 53. Vicecomes dicitur quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum
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