fee with the which note Fitzherb agreeth nat br fol. 161. E. So that all the land in the Realm by this reason is either antient demesn or frank fee. The new expounder of the Law terms defineth frank fee to be a tenure in fee simple of lands pleadable at the Common law and not in antient demesn See Fachineus li. 7. c. 39. who defineth it feudum francum esse pro quo nullum servitium praestatur Domino with whom agreeth Zasius de feudis parte 12. saying that therefore it is fedum improprium quia ab omni fervitio liberum Frank ferme firma libera is land or tenement wherein the nature of fee is changed by feofment out of Knights service for certain yearly services and whence neither homage wardship mariage nor relief may be demanded nor any other service not contained in the feo ment Britton ca. 66. num 3. see Fee ferme Frank law libera lex See Cromptons Justice of peace fol. 156. b. where you shall find what it is by the contrary For he that for an offence as conspiracie c. leeseth his frank law is said to fall into these mischiefs first that he may never be impaneled upon any jury or assise or otherwise used in testifying any truth Next if he have any thing to doe in the Kings Court he must not approach thither in person but must appoint his Atturney Thirdly his lands goods and chattels must be seised into the Kings hands and his lands must be estreaped his trees rooted up and his body committed to prison For this the said Author citeth the book of Assises 2 fol. 59. Conspiracy F. 11.24 Edw. 3. fol. 34. See Conspiracy Frank marriage liberum maritagium is a tenure in tail speciall growing from these words in the gift comprised Sciant c. me M. H. de W. dedisse concessisse et praesenti charta mea confirmasse I. A. filio meo Margeriae uxori ejus filiae verae T. N. in liberum maritagium unum messuagium c. West parte 1. Symb. li. 2. sect 303. The effect of which words is that they shall have the land to them and the heirs of their bodies and shall doe fealty to the donour untill the fourth degree Se new terms of law Glanvile li. 7. ca. 18. Bracton li. 2. ca. 7. num 4. where he divideth maritagium in liberum servitio obligatum See Marriage Fleta giveth this reason why the heirs doe no service untill the fourth descent ne donatores vel eorum haeredes per homagum receptionem à reversione repellantur And why in the fourth descent and downward they shall do service to the donour quia in quarto gradu vehementer praesumiter quod terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frank pledge franciplegium is compounded of frank i. liber and pleige i. fidejussor and signifieth in our Common law a pledge or surety for free-men For the antient custome of England for the preservation of the publike peace was that every free born man at fourteen yeeres of age after Bracton religious persons Clerks Knights and their eldest sonnes excepted should find surety for his truth toward the King and his subjects or else be kept in prison whereupon a certain number of neighbors became customably bound one for another to see each man of their pledge forth comming at all times or to answere the transgression committed by any broken away So that whosoever offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his answer or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. housholds And every particular person thus mutually bound for himself and his neighbours was called Decennier because he was of one Decenna or another This custom was so kept that the Sheriffs at every county court did from time to time take the oaths of young ones as they grow to the age of 14 years and see that he were combined in one dozen or another whereupon this branch of the Sheriffs authoritie was called visus Franciplegii view of Frank pledge See the stat for view of Frank pledge made an 18. E. 2. See Decennier Leetview of Frank pledge Freoborghe That this discipline is borrowed by us of the Roman Emperours or rather Lombards appeareth most manifestly in the second book of Feuds ca. 53. upon which if you read Hotoman with those Authors that hee there recordeth you will think your labour well bestowed Read more of this viz. what articles were wont to be inquired of in this Court in Horns mirrour of Justices lib. 1. ca. de la veneu des francs pleges and what these articles were in antient times see in Fleta lib. 2. cap. 52. Fredwit See Fletwit Free chapel libera Capella by some opinion is a Chapel founded within a Parish for the service of God by the devotion and liberality of some good man over and above the mother Church unto the which it was free for the parishioner◠to com or not to come endowed with maintenance by the founder thereupon called free I have heard others say and more probably that those only be free Chapels that are of the Kings foundation and by him exempted from the Jurisdiction of the Ordinarie but the King may license a subject to found such a Chapel and by his Charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the Jurisdiction of the Diocesan appeareth by the Register original fol. 40. 41. These Chapells were all given to the King with chaunteries anno 1. Edw. 6. ca. 14. Free chapell of Saint Martin le grand an 3. Ed. 4. capite quarto et an 4. E. quarti c. 7. Free hold liberum tenementum is that land or tenement which a man holdeth in fee fee tail or at the least for term of life Bract. lib. 2. ca. 9. The new expounder of the Law terms saith that freehold is of two sorts Freehold in deed and freehold in law Freehold in deed is the real possession of land or tenements in fee fee tai◠or for life Freehold in law is the right that a man hath to such land or tenements before his entry or seisure I have heard it likewise extended to those offices which a man holdeth either in fee or for term of life Britton defineth it to this effect Franck tenement is a possession of the soil or services issuing out of the soil which a free man holdeth in fee to him and his heirs or at the least for term of his life though the soil be charged with free services or other cap. 32. Freehold is sometime taken in opposition to villenage Bract. lib. 4.37 38. M. Lamberd in his explication of Saxon words verbo
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only 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 said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
titulo Fines Sect. 156. Warrantia icustodiae is a Writ judicial that lyeth for him that is challenged to be ward unto another in respect of land said to be holden in Knights service which when it was bought by the Ancestors of the Ward was warranted to be free from such thraldome And it lyeth against the warranter and his heirs Regist. judic fol. 36. Warrant of Attorney See Letter of Attorney and Warranty Wardwite significat quietantiam misericordiae in casu qno non invenerit quis hominem ad wardam facteudam in castra vel alibi Fleta lib. 1. cap. 47. Warren Warrenna alià s varrenna commeth of the French Garrenne i. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum duntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attic. ca. 20. A warren as we use it is a prescription or grant from the King to a man of having Feasants Partridges Connies and Hares within certain of his Lands Cromptons Jurisd fol. 148. where he saith that none can have warren but only the King no more than Forest or Chase Because it is a special privilege belonging to the King alone And a little after he hath these words to this effect the King may grant warren to me in mine own lands for Feasants and Patridges only And by this grant no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the fruits of the earth as to eat Corn and pill the bark of Apple trees Master Manwood in his first part of Forest laws saith thus of it a warren is a franchise or privileged place of pleasure only for those beasts and fowles that are beasts and fowles of warren tantùm campestres non sylvestres viz. For such beasts fowls as are altogether belonging to the fields and not unto the woods and for none other beasts or fowles There are but two beasts of warren that is to say Hares and Connies And there are also but two fowles of warren viz. Feasants and Partridges And none other wildbeasts or birds have any firm peace privilege or protection within the warren If any person be found to be an offendor in any such free warren he is to be punished for the same by the course of the Common law and by the Statute anno 21 Edward 3. called the Statute de malefactoribus in parcis chaceis c. For the most part there are no Officers in a warren but the Master of the Game or the Keeper A free warren is sometime inclosed and also the same sometime doth lye open for there is no necessity of inclosing the same as there is of a Park for if a Park is suffered to lye open it ought to be seised into the Kings Kings hands Thus far M. Manwood Warscot is the contribution that was wont to be made towards Armor in the Saxons time In Canutus his Charter of the Forest set out by M. Manwood in the first part of his Forest laws uum 9. you have these words Sint omnes tam primaris quà m madiocres minuti immunes liberi quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus aâ—morum oneribus quod Warscot Angli dicunt et forinsecis querelis Warwis aliâs Wardwit is to be quit of giving mony for keeping of watches New exposition of law terms Wasie vastum commeth of the French gaster i. populari It signifieth diversly in our Common law first a spoil made either in houses woods gardens orchards c. by the tenent for term of life or for term of anothers life or of years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168. c. usque 178. upon this committed the Writ of waste is brought or the recovery of the things wherupon the waste is made See Vastâ— Waste may be also made of tenents or bondmen belonging or regardant to the manor Regist. orig fol. 72. a. et 73. a. See the new book of Entries verbo Waste A waste of the Forest as M. Manwood saith parte prim of his Forest laws pag. 172. is most properly where a man doth cut down his own woods within the Forest without license of the King or of the Lord Chief Justice in Eyr of the Forest But it is also where a man doth plow up his own meadow or Pasture and converteth it unto tillage And of this you may read him at large in his second part cap. 8. num 4 et 5. Waste in the second signification is taken for those parts of the Lords Demesns that be not in any one mans occupation but lye common for bounds or passages of the Lord and Tenent from one place to another and sometimes for all the Kings Subjectâ— VVhich seemeth to be called waste because the Lord cannot make such profit of it as he doth of other of his land by reason of that use which others have of it in passing to and fro Upon this none may build or feed or cut down Trees without the Lords license VVaste hath a third signification as year day and waste Annus dies et vastum which is a punishment or forfeiture belonging to petit treason or felony wherof you may read Stawnf pl. cor lib. 3. cap. 30. And see Year Day and Waste Wasters anno 5 Ed. 3. cap. 14. See Roberds wen. See Draw latches Wastoll bread anno 51 H. 3. statute of br ad and statute of pilory Waterbayliffs seem to be officers in Porttowns for the searching of Ships an 28 H. 6. ca. 5. Watling street is one of the four waies which the Romans are said to â—have made here in England and called them Consulares Praetorias Militares Publicas Master Cambden in his Britannia perswadeth himself that there were more of this sort than four This street is otherwise called Werlam street as the same Author saith and howsoever the Romans might make it and the rest the names be from the Saxons And Roger Hoveden saith it is so called because the Sons of Wethle made it leading from the East sea to the VVest Annal part prior fol. 248. a. This street leadeth from Dover to London and so to Saint Albons and there onward directly toward the North-west through the Land as from Dunstable to Westchester anno 39. El. cap. 2. The second street is called Ikenild street beginning ab Icenis who were the people inhabiting Norfolk Suffolk and Cambridge shire as M. Cambden declareth pag. 345. The third is called Fosse the reason of the name he giveth because he thinketh it was ditched on each side The fourth is called Ermin street Germanico vocabulo à Mercurio quem sub nomine Iâ—munsull i. Mercurii columma Germani majores nostri colueruâ—t Of these read more in the said Author pag. 43 44. In the description of England
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
of Court-roll This is the land that in the Saxons time was called Folk-land Lamberd explicat of Saxon words verbo Terra ex scripto West part prim symb l. 2. Sect. 646. defineth a Copy-holder thus Tenent by copie of Court-roll is he which is admitted Tenent of any lands or tenements within a Manor that time out of memory of man by use and custome of the said Manor have been demisable and demised to such as will take the same in Fee in Fee-tail for life years or at will according to the custome of the said Manor by copy of Court-roll of the same Manor where you may read more of these things Coraage coraagium is a kind of imposition extraordinary and growing upon some unusual occasion and it seemeth to be of certain measures of corn For corus tritici is a certain measure of corn Bracton libro 2. cap. 116. nu 6. who in the same Chapter num 8. hath of this matter these words Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetisdine veniunt nisi cum necessitas intervenerit vel cùm rex venerit sicut sunt hidagia coraagia carvagia alia plura de necessitate ex consensu communi totius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentem suum acquietare nisi se ad hoc specialiter obligaverit in charta sua c. Cordiner cometh of the French Cordovannier i. sutor calcearius a Shoo-maker and is so used in divers Statutes as anno 3 H. 8. cap. 10. anno 5 ejusdem cap. 7. and others Cornage cornagium cometh of the French cor i. cornu and in our Common law signifieth a kind of grand seargancy the service of which tenure is to blow a horn when any invasion of the Northern enemy is perceived And by this many men hold their land Northward about the wall commonly called the Picts-wall Cambden Britan. pag. 609. hence cometh the word cornuare to blow a horn pupil oculi parte 5. cap. 22. in charta de Foresta This service seemeth to have proceeded from the Romans For I find cornicularios mentioned in the Civil law viz. lib. 1. Cod. de officio diverso Jud. 48. lege 3. lib. 12. tit de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius lib. 3. de verbo significat faith thus of them hi militum quoddam genus fuere quicorniculo merebant unde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horn was an honour and reward given for service in war Corner-tile See Gutter-tile Corody corodium cometh of the Latine verb corrodo and signifieth in our Common Law a summe of money or allowance of meat and drink due to the King from an Abbey or other house of Religion whereof he is the founder toward the reasonable sustenance of such a one of his servants being put to his pensior as he thinketh good to bestow it on And the difference between a corrodie and a pension seemeth to be that a Corrody is allowed toward the main enauce of any the Kings servants that liveth in the Abbey a pension is given to one of the Kings Chaplains for his better maintenance in the Kings service until he may be provided of a benefice Of both these read Fitzh nat br fol. 230 231 233. who there setteth down all the Corrodies and pensions certain that any Abbey when they stood was bound to perform unto the King There is mention also of a Corrody in Stawn praerogative 44. And this seemeth to be an ancient law For in Westm 2. cap. 25. it is ordained that an Assise shall lie for a Corrody It is also apparent by the Statute anno 34. 35 H. 8. c. 16. that Corrodies belonged some time to Bishops from Monasteries and by the new Terms of law that a Corrody may be due to a common person by graunt from one to another or of common right to him that is founder of a Religious house not holden in frank almoyn For that Tenure was a discharge of all Corrodies in it self By which book it appeareth also that a Corrody is either certain or uncertain and that it may be for life years in Tail or in Fee Corodio habendo it is a Writ whereby to exact a Corrody of any Abbey or Religious house See Corodie see the Regist. orig fol. 264. Coronatore eligendo is a Writ which after the death or discharge of any Coroner is directed to the Shyreeve out of the Chancery to call together the Free-holders of the County for the choice of a new Coroner to certifie into the Chancerie both the election and the name of the party elected and to give him his oath See Westm 1. cap. 10. and Fitzh nat br fol. 163. and the Register orig fol. 177. Coroner coronator is an ancient Officer of this land so called because he dealeth wholly for the King and Crown There be four of them commonly in every County and they are chosen by the Free-holders of the same upon Writ and not made by Letters Patents Crompt Jurisd fol. 126. This Officer though now he be some inferiour Gentleman that hath some smattering in the Law yet if we look to the statute of Westm 1. cap. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreet Knight that best will and may attend upon such an office Yea there is a Writ in the Register Nisi sit miles fol. 177. b. whereby it appeareth that it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings rent of Free-hold And the Lord Chief Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he remaineth libro assissarum fol. 49.5 coron Coke lib. 4. casu de Wardens c. of the Sadlers fol. 57. b. His office especially concerneth the Plees of the Crown But if you will read at large what anciently belonged unto him read Bract. lib. 3. tract 2. cap. 5. de officio coronatorum circa homicidium and cap. 6. de of sicio coronatoris in thesauris inventis and cap. 6. de officio coronatorum in raptu virginum and cap. 8. de officio coronatorum de pace plagis And Britton in his first Chapter where he handleth it at large Fleta also in his first book cap. 18. and Aâ—drew Horns mirrour of Justices lib. 1. cap. del office del coroners But more aptly for the present times Stawnf pl. cor lib. 1. cap. 51. Note there be certain Coroners special within divers liberties as well as these ordinary officers in every Countie as the Coroner of the Verge which is a certain compasse about the Kings Court whom Crompton in his Jurisd
writing against Marsin Luther in the behalf of the Church of Rome then accounted Domicilium fidei Catholicae Stows annals pag. 863. Deforsour deforciator cometh of the French Forceur i. expugnator It is used in our Common law for one that overcometh and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton cap. 53. next because a man may deforce another that never was in possession as for example if more have right to lands as Common heirs and one entring keepeth out the rest the Law saith that he deforceth them though he do not disseise them Old nat br fol. 118. and Litleton in his Chapter Disconti nuance fol. 117. saith that he which is enfeoffed by the Tenant in Tail and put in possession by keeping out the Heir of him in reversion being dead doth deforce him though he did not disseise him because he entred when the Tenant in tail was living and the Heir had no present right And a Deforsor differeth from an intrudour because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour Bracton lib. 4. cap. pri and a Deforsour is also by holding out the right He iras is above said Deliverances See Repligiare Demand demanda vel demandum cometh of the French Demande i. postulatio postulatus and signifieth a calling upon a man for any thing due It hath likewise a proper significatioÌ„ with the Common Lawyers opposite to plaint For the pursute of all civil actions are either demands or plaints and the persuer is called Demandant or Plaintiff viz. Demandant in actions real and Plaintiff in personal And where the party perfuing is called Demandant there the party persued is called Tenant where Plaintiff there Defendant See Terms of Law verbo Demandant Demy haque See Haque and Haquebut Demain Dominicum is a French word otherwise written Domaine and signifieth Patrimonium Domini as Hotoman saith in verbis feudalibus verbo Dominicum where by divers authorities he proveth those Lands to be dominicum which a man holdeth originally of himself and those to be feodum which he holdeth by the benefit of a superiour Lord. And I find in the Civil Law Rem dominicam for that which is proper to the Emperor Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur being the 38 title of the 7 book And Res dominici juris i. reipub in the same place And by the word Domanium or Demanium are properly signified the Kings Lands in France appertaining to him in property Quia Domanium definitur illud quod nominatim consecratum est unitum incorporatum Regiae coronae ut scripsit Chopinus de domanâ—o Franciae tit 2. per legem Si quando 3. Cod. de bon vacan lib. 10. Mathaeut de Afflictis in consti Siciliae lib. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus fisci redacta Skene de verborum signif verb. Terrae Dominicales In like manner co we use it in England howbeit we here have no land the Crown-land onely excepted which holdeth not of a Superior For all dependeth either mediatly or immediately of the Crown that is of some honour or other belonging to the Crown and not graunted in fee to any inferiour person Wherefore no common person hath any Demaines simply understood For when a man in pleading would signifie his land to be his own he saith that he is or was seised therof in his demain as of Fee Litleton l. 1. c. 1. Whereby he signifieth that though his land be to him and his Heirs for ever yet it is not true Demain but depending upon a superior Lord and holding by service or rent in lieu of service or by both service and rent Yet I find these words used in the Kings right anno 37 H. 8. cap. 16. and 39 Eliz. cap. 22. But the application of this speech to the King and crown land is crept in by errour and ignorance of the word Fee or at least by understanding it otherwise than of the Feudists it is taken But Britton cap. 78. sheweth that this word demeyn is diversly taken sometime more largely as of Lands or Tenements held for life c. and sometime more strictly as for such onely as are generally held in see This word sometime is used for a distinction between those lands that the Lord of a Mannor hath in his own hands or in the hands of his Leassee dimised upon a rent for tearm of years or life and such other land appertaining to the said Mannor which belongeth to free or copy-holders Howbeit the copy-hold belonging to any Manor is also in the opinion of many good Law yers accounted Demeines Bracton in his fourth Book tract 3. cap. 9. num 5. hath these words Item dominicum accipitur multipliciter Est autem dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands anglicè Itèm dicitur dominicum villenagium quod traditur villanis quod quis teÌ„pestivè intempestive sumere possit pro voluntare sua revocare Of this Fleta likewise thus writeth DominicuÌ„ est multiplex Est auteÌ„ DominicuÌ„ propriè terra ad mensaÌ„ assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiviè pro voluntate domini poterit revocari sicut est de terra commissa tenenda quà m diu commissori placuerit poterit dici Dominicum de quo quis babet liberuÌ„ tenementuÌ„ alius usufructum etiaÌ„ ubi quis habet liberuÌ„ tenementuÌ„ alius curaÌ„ sicut de custode dici poterit curatore unde urus dicitur à jure alius quoque ab homine Dominicum etiam dicitur ad differentiam ejus quod tenetur in servitio Dominicum est omne illud tenementum de quo antecessor oblit seâ—situs ut de feudo nec refert cum usufructu vel sine de quo sie ectus esset si viveret recuperare posset per assisam nomine disseisinae licet alius haberet usum fructum sicut dici poterit de illis qui tenent in villenagio qui utuntur fruuntur non nomine proprio sed omine Dominâ— sui Flet. lib. 5. cap. 5. sect Dominicum autem And the reason why Copy-hold is accounted Demeans is because they that be Tenents unto it are judged in law to have no other right but at the will of the Lord. So that it is reputed still after a sort to be in the Lords hands And yet in common speech that is called ordinarily Demeans which is neither free nor copy It is farther to be noted that Demain is sometime used in a more special signification and is opposite to Frank-fee For example those lands which were in the possession of King Edward the Confessour
thing enjoyned nor appear at the day assigned he himself will without farther delay proceed to perform the Justice required And this seemeth to be tearmed a double quarrel because it is most commonly made against both the Judge and him at whose Petition Justice is delayed Dower dos cometh of the French dovaire and signifieth in our Common law two things first that which the VVife bringeth to her Husband in marriage otherwise called maritagium marriage good next and more commonly that which she hath of her Husband after the marriage determined if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in princ And in Scotland dos signifieth just as much Skene de verb. signif verbo Dos The former is in French called dot the other dovayre by them latined doarium I like wise once thought it not unreasonable to call the former a Dowrie and the other a Dower but I finde them confounded For example Smith de rep Anglo pa. 105. calleth the latter a dowry and dower is sometime used for the former as in Britton ubi supra Yet were it not inconvenient to distinguish them being so divers The Civilians cal the former dotem the latter donationem propter nuptias Of the former the Common law-books speak very little This onely is to be noted that whereas by the Civil Law instruments are made before marriage which contain the quantity of the wives dowrie or substance brought to her husband that he having the use of it during marriage may after certain deductions restore it again to his Wives Heirs or Friends after the marriage dissolved the Common law of England whatsoever chattels moveable or immoveable or ready money she bringeth doth make them forthwith her Husbands own to be disposed of as he will leaving her at his courtesie to bestow any thing or nothing of her at his death The reason whereof is said to be the holding of the Wife in obedience to her Husband Onely if she be an inheretrice her Husband holdeth the Land but during her life except he have issue by her but then he holdeth it by the courtesie of England during his own life See Courtesie And again if he have any Land in Fee whereof he was possessed during the marriage she is to have a third thereof during her life though she bring nothing to him except she do by fine release her right during the marriage So that here is no great matter to be spoken of but touching dower in the latter signification You must know therefore that upon speech of marriage between two the Parents of both sides are commonly more careful in providing each for his child than the parties themselves And that by their means there be divers bargains made sometime for the conveiance of Lands c. to them and their issue And this is said to be given in Frank mariage sometime to her during her life and that before or at the marriage If before marriage then it is called a Joynture For a Joynture is a Covenant whereby the Husband or some for him is tyed ratione juncturae in consideration of the marriage that the wife surviving him shall have during her life this or that Tenement or Lands or thus much Rent yeerly payable out of such Land c. with clause of distresse and this may be more or lesse as they do accord Britton cap. 110. whom read also cap. 102 103 104. for conventio vincit legem Bracton lib. 5. tractat 4. cap. 9. The diversity of these Joyntures you may see in West parte prima symbol l. 2. sect 128 129 130 131 132 133. But if none of these former bargains passe before marriage then must the Wife stick to her Dower and that is sometime given at the Church door or the Chapel door if the marriage be by License but not the Chamber door and may be what the Husband will so it exceed not a third part of this Lands Glanvile lib. 6. cap. pri Or the half as some say Fitz. nat br fol. 150. N.P. And this Dower is either certainly set down and named or not named but onely in generality as the law requireth if it be not named then it is by law the third part and called dos legitima Bracton lib. 4. tract 6. cap. 6. num 6. 10. Magna Charta c. 7. or the half by the custome of some Countries as in Gavelkind Fitzh nat br fol. 150. O. And though it be named it seemeth that it cannot be above half the lands of the Husband Fitzh nat br fol. 150. P. And the Woman that will challenge this Dower must make 3 things good viz. that she was married to her Husband that he was in his life time seised of the Land whereof she demandeth Dower and that he is dead Cokes reports lib. 2. Binghames case fol. 93. a. Of these things see Glanvile l. 6. c. 1 2 3. Bract. l. 2. c. 38 39 l. 4. tract 6. cap. 1. 6. and Britton cap. 101 102 103 104. and Fitzherb nat br fol. 147 148 149 150. And this custumary Dower seemeth to be observed in other nations as well as in ours Hotoman verbo Dotalitium in verbis feudal Cassan de consuetud Burg. pag. 580. 676. 677. de conventional pa. 720. And to these joyn the grand Custumarie of Normandy cap. 102. where you shall perceive that in a manner all our law in this point is taken from the Normans See Endowment Of Dower read Fleta likewise who writeth largely thereof and hath many things worth the learning lib. 5. cap. 23. seq Dozenno See Decennitr DR Drags anno 6 H. 6. cap. 5. seem to be wood or timber so joyned together as swimming or floting upon the water they may bear a burden or load of other wares down the River Draw latches anno 5 Edw. 3. cap. 14. anno 7. Rich. 2. cap. 5. Master Lamberd in his Eirenarch lib. 2. cap. 6. calleth them Miching thieves as Wasters and Roberdjemen mighty thieves saying that the words be grown out of use Dreit Dreit signifieth a double right that is jus possessionis jus Domini Bracton lib. 4. cap. 27. lib. 4. tract 4. cap. 4. lib. 5. tract 3. cap. 5. Dry exchange anno 3 H. 7. cap. 5. Cambium siccum seemeth to be a cleanly tearm invehred for the disguising of foul usury in the which something is pretended to passe of both sides wheras in truth nothing passeth but on the one fide in which respect it may well be called dry Of this Ludovicus Lopes tracbat de contract negotiatio lib. 2. cap. pri § Deinde postquam writeth thus Cambium est reale vel siccn̄ Cambium reale dicitur quod consistentiam veri Cambit realem habet et Cambium per or ans et Cambium minutum Cambium autem siccum est Cambium non habens existentiam Cambii sed apparentiam ad instar arboris exsiccatae quae humorae vitali jam
carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt and endowed it with such Royal right as the County Palatine of Chester had And for as much as it was afterward extinct in the person of King Henry the fourth by reason of the union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple Fee-tail for term of life or of years against the alience Fitzherb nat br fol. 202. Duplicat is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a case wherein he had formerly done the same and was therefore thought void Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a VVrit of entry in le per and a VVrit in the third degree is called a VVrit of entry in le per cui and the fourth form without these degrees is called a VVrit of entry in le postâ—â— that is to say after the disseisin which such a one made to such a one And if any Writ of entry be conceived out of the right case so that one form be brought for another it is abateable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem aut matrem avunculum vel amitam vel cognatum avum vel proavum dicts Petri qui dictum manerium dimisit pro termino qui est elapsus The third form is such Praecipe Johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talâ—s pater vel mater vel alius antecessor aut cognatus idem dimisit cujus haeres est ipse Petrus pro termino qui est elapsus And the form without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic ut supra cujus haeres ille est inde fecit pro termino qui est elapsus And in those four degrees be comprehended all manner Writs of entry which be without certainty and number Thus farre Britton by whom you may perceive that those words solet debet and also those other words in le per in le per cui and in le post which we meet with many times in books shortly and obscurely mentioned do signifie nothing else but divers forms of this Writ applyed to the case whereupon it is brought and each form taking his name from the said words contained in the Writ And of this read Fitzh in his nat br fol. 193. 194. This VVrit of entry differeth from an Assise because it lyeth for the most part against him who entred lawfully but holdeth against Law whereas an Assise lyeth against him that unlawfully disseised yet sometime a VVrit of entry lyeth upon an entrusion Regist orig fol. 233. b. See the new book of Entries verbo Entre brevis fol. 254. colum 3. I read of a VVrit of entry in the nature of an Assise Of this VVrit in all his degrees read Fleta lib. 5. cap. 34. sâ—q Entrusion Intrusio in our Common law signifieth a violent or unlawfull entrance into Lands or Tenements being utterly void of a possessor by him that hath no right nor spark of right unto them Bracton lib. 4. cap. 2. For example if a man step in upon any Lands the owner whereof lately dyed and the right Heir neither by himself or others as yet hath taken possession of them VVhat the difference is between Abator and Intrudor I do not well perceive except an Abatour he be that step peth into land void by the death of a Tenent in Fee and an Entrudor that doth the like into lands c. void by the death of the Tenent for Terms of life or yeers See Fitzh nat br fol. 203. F. The author of the new Terms of Law would have abatement Latined Interpositionem aut intro tionem per interpositionem and to be restrained to him that entreth before the Heir after the decease of a Tenent for life though the new book of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitzhâ—nat br fol. 203. Entrusion de gard is a Writ that lyeth where the Infant within age entred into his his lands and holdeth his Lord on t for in this case the Lord shall not have the VVrit De communi custodia But this Old nat br fol. 90. Enure signifieth to take place or effect to be availeable Example A Release shall enure by way of extinguishment Litleton cap. Release And a Release made to a Tenent for Term of life shal inure to him in the Reversion ER Erius alias Iris is the Flower de lyce whose divers kinds you have expressed in Gerards Herbal lib. 1. cap. 34. The root of this is mentioned among Merchandize or Drugs to be garbled anno 1 Jacob. cap. 19. Ermins seemeth to come of the French Ermine i. mus araneus It signifieth a Furre of great price Erminstreat see Watlingstreat Errant Itinerans cometh of the French Error i. errare or the old word Erre i. Iter. It is attributed to Justices of circuit p. cor fol. 15. and Baylifes at large See Justices in Eyr and Baylife See also Eyr Errour Error cometh of the French Erreur and signifieth more specially in our Common law an error in pleading or in the Proces Brook titulo Errour And thereupon the VVrit which is brought for remedy of this oversight is called a VVrit of error in Latine De errore corrigendo thus definedâ— by Fitzh nat br fol. 20. A VVrit of Error is that properly which lyeth to redresse false judgement given in any Court of Record as in the Common bench London or other City having power by the Kings Charter or prescription to hold Plee of debt See the new book of Entries verbo Error or trespasse above the sum of twenty shillings This is borrowed from the French practice which they call proposition d'erreur VVhereof you may read in Gregorius De appellation pag. 36. In what diversity of cases this VVrit lyeth see the Register original in the Table verb. Errore corrigendo and Register judicial fol. 34. There is likewise a VVrit of Errour to reverse a Fine West parte 2. sect symbol titulo Fines 151. Errore corrigendo See Error ES Escawbio is a license granted to one for the making over of a Bill of Echange to a man over Sea Register Original fol. 194. a. Escape escapium cometh of the French eschapper i. aufugere effugere and signifieth in the Law a violent or prive evasion out of some lawful restraint For example if the Sheriff upon a Capias directed unto him take one and indeavour to carry him to the Gaol and he in the way either by violence or by slight break from him this is called an escape pl. cor fol. 70. Many examples might be brought out of him and others but the thing is plain Stawnf lib. 1. cap. 26. pl. cor nameth two kinds of Escapes voluntarie and negligent Voluntarie is when one arresteth another for Felonie or some other crime and afterwards letteth him go whither he listeth In which escape the party that
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self but as dom or hood and such like be in these English words Christendom and Manhood or such others Others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his Description of England cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own costs and to answer the cause there c. Fitzh nat br fol. 250. h. And the order is in this case first to procure a Certiorari out of the Chancery directed to the said Justices for the removing of the Inditement 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 find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of 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 altereth the general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth 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. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo 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 that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
I find in the Statute for Knights anno prim Ed. 2. cap. prim that such as had twenty pounds in fee or for term of life per annum night be compelled to be Knights Master Stowe in his Annals pag. 285 saith there were found in England at the time of the Conqueror sixty thousand two hundreds and eleven Knights fees others say 60215. whereof the religious Houses before their suppression were possessed of 28015. Knights fee is sometime used for the Rent that a Knight payeâ—h for his fee to his Lord of whom he holdeth And this is an uncertain sum some holding by forty shillings the shield some by twenty shillings as appeareth by Bracton lib. 5. tract prim ca. 2. Knighton gylde was a Gylde in London consisting of ninteen Knights which King Edgar founded giving unto them a portion of void ground lying without the walls of the City now called Portsokenward Stowe in his Annals pag. 151. LA LAborariis is a Writ that lyeth against such as having not whereof to live do refute to serve or for him that refuseth to serve in Summer where he served in Winter Orig. Regist fol. 189 b. Laches commeth of the French Lascher i. laxare or lasche i. frigidus ignavus flaccidus It signifieth in our Common law negligence as no Laches shall be adjudged in the Heir within age Litleton fo 136. and Old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot have an Assise but I must take mine Action upon the Case Lagon see Flotzon Laisedlists an 1 R. 3. ca. 8. Land tenent anno 14 Edw. 3. stat 1. ca. 3. anno 23 ejusdem cap. 1. 26. ejusdem stat 5. cap. 2. See Terre-tenent anno 12 R. 2. ca. 4. an 4 H. 4. c. 8. It is joyned with this word Possessor as Synonymon v. anno 1 H. 6. ca. 5. See Terretenant Lants de crescentia Walliae traducexdis absque custuma c. is a Writ that lyeth to the Customer of a Port for the permitting one to passe over Woolls without Custome because he hath paid Custome in Wales before Register fol. 279. Lapse Lapsus is a slip or departure of a right of Presenting to a void Benefice from the original Patron neglecting to present within six months unto the Ordinary For we say that Benefice is in lapse or lapsed whereunto he that ought to present hath omitted or slipped his opportunity anno 13 Elizab cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance as privy except only upon the Resignation of the former Incumbent or the Deprivation upon my cause comprehended in the Statute anno 13 Eliz. cap. 12. Panor in ca. quia diversitatem num 7. de concess praebend Rebuffus de devolut in praxi benesiciorum Lancelotus de collation lib. 1. Institut Canon § Tempus autem In which Cases the Bishop ought to give notice â—o the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Sym. titulo Inditements to be theft of personal goods or chattells in the Owners absence and in respect of the thing stolne it is either great or small Great Larcenny is wherein the things stoln though severally exceed the value of 12 d. and Petit Larceny is when the goods stoln exceed not the value of 12 d. hitherto M. West But he differeth from Bracton lib. 3. tract 2. cap. 32. nu 1. Of this see more in Stawnf pl. cor li. 1. cap. 15 16 17 18 19. Laghslâ—te is compounded of lah i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb. explication of Saxon words verbo Mulcta Last is a Saxon word signifying a burden in general as also particularly a certain weight for as we say a last of Hering so they say Ein last cornes last wines c. chence commeth Lastage which see in Lestage A Last of Hering containeth ten thousand anno 31. Ed. 3. stat 2. cap. 2. A Last of â—itch and tar or of ashes containeth 14 parrells anno 32 H. 8. cap. 14. A Last of hides anno 1 Jac. ca. 33. containeth 12 dozen of hides or skins Latitat is the name of a Writ whereby all men in personal actions are called originally to the Kings Bench Fitz. natura brevium fol. 78. M. And it hath the name from this because in respect of their better expedition a man is supposed to lurk and therefore being served with this writ he must put in security for his appearance at the â—ay for latitare est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes l. Eulcinius § Quid sit latitare Ï€. Quibus ex eausis in possessionem eatur But to understand the true original of this Writ it is to be known â—hat in ancient time whilest the Kings Bench was moveable and followed the Court of the King the Custom was when any man was to â—e sued to send forth a Writ to the Sheriff of â—â—e County where the Court lay for the calling â—im in and if the Sheriff returned Non est inventus in Baliva nostra c. then was there a second Writ procured forth that had these words Testatum est â—um latitare c. and thereby the Sheriff willeth to attach him in any other place where he might be found Now when the tribunal of the Kings Bench came to be setled at Westminster the former course of Writ was kept for a long time first sending to the Sheriff of Middlesex to summon the party and if he could not be found there then next to apprehend him wheresoever But this seeming too troublesome for the Subject it was at last devised to put both these wits into one and so originally to attach the party complained of upon a supposall or fiction that he was not within the County of Middlesex but lurking elsewhere and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a Writ directed the Sheriff of the County where he is suspected to be And by this Writ a man being brought in is committed to the Marshall of that Court in whose custody when he is then by reason he is in the same County where the Kings Bench is he may be sued upon an Action in that Court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that Court I have been informed that the bringing of these Actions of Trespass so ordinarily to the Kings Bench was an invention of Councellors that because only Sergeants may come to the Common Pleas Bar found a means to set themselves on work in that Court The form of this Writ is such Jacobus Dei gratia Angliae Franciae Scotiae Hibernia Rex fidei defonsor c. Vicecomisi Cantabridgiae salutem
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
Remembrancers of the Exchequer Rememoratores be three Officers or Clerks one called the Kings Remembrancer anno 35 El. cap. 5. The other the Lord Treasurers Remembrancer upon whose charge it seemeth to lye that they put all Justices of that Court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and dealt in for the Princes behoof The third is called the Remembrancer of the first-fruits Of these you may read something anno quinto Rich. 2. stat pri cap. 14. 15. to the effect above specified These anno 37 Ed. 3. cap. 4. be called Clerks of the Remembrance It seemeth that the name of this Officer is borrowed from the Civilians who have their Memorales qui sunt notarii Cancellâ—riae in regnò subjecti officio Quaestoris Lucas de penna C. lib. 10. tit 12. nu 7. The Kings Remembrancer entreth in his Office all recognisances taken before the Barons for any the Kings Debts for apparences or for observing of Orders He takes all bonds for any of the Kings debts or for appearance or for observing of Orders and maketh Proces upon them for the breach of them He writeth Proces against the Collectors of customs and 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 are remaining in his Office He maketh the Bills of compositions upon penal Laws taketh the stallments of debts maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber of the fines there set and sendeth them to the Pipe He hath delivered unto his Office all manner of indentures fines and other evidences whatsoever that concern the assuring of any lands to the Crown He yearly in crastino animarum readeth in open Court the Statute for the election of Shyreeves and giveth those that chuse them their oath he readeth in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers remembrancer maketh process against all Shyreeves Escheators Receivers and Bayliffs for their accompts He maketh process of Fierifacias and Extent for any debts due to the King either in the Pipe or with the Auditors He maketh process for all such Revenew as is due to the King by reason of his Tenures He maketh Record whereby it appeareth whether Shyreeves and other accountants pay their profers due at Easter and Michaelmas He maketh another Record whereby it appeareth whether Shyreeves and other Accountants keep their daies of prefixion All Extreats of Fines Issues and Amerciaments set in any Courts of Westminster or at the Assises or Sessions are certified into his Office and are by him delivered to the Clerk of Extreats to write Proces upon them He hath also brought into his Office all the accompts of Customers Controllers and other accomptants to make thereof an entry of Record The Remembrancer of the first fruits taketh all compositions for first Fruits and Tenths and maketh Process against such as pay not the same Remitter commeth of the French remettre i. restituere reponere and signifieth in our Common law a restitution of one that hath two Titles to Lands or Tenements and is seised of them by his latter Title unto his Title that is more antient in case where the latter is defective Fitzherberâ— natura brev fol. 149. F. Dyer folio 68. num 22. This in what Case it may be granted to any man see in Brook titulo Remitter and the Terms of Law The Doctor and Student of this matter hath these words If land descend to him that hath right to that Land before he shall be remitted to his better Title if he will Ca. nono fo 19. b. See the new Book of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our Common law the self-same thing For example this word is used in levying of a fine For a Fine is either single by which nothing is granted or rendred back again by the Cognizee to the Cognizour or double which containeth a grant or render back again of some Rent common or other thing out of the Land it self to the Cognisor c. West parte 2. Symbol titulo Fines Sect. 21 30. F. Also there be certain things in a Manor that lie in Prender that is which may be taken by the Lord or his Officer when they chance without any offer made by the Tenant as the Ward of the body of the Heir and of the Land Escheats c. and certain that lye in Render that is must be delivered or answered by the Tenant as Rents Reliefs Heriots and other services Idem codem Sect. 126. C. Also some service consisteth in seisance some in Render Perkins Reservations 696. Rent reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with us a sum of mony or other consideration issuing yearly out of Land or Tenements Plowden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of Rents observed by our Common Lawyers that is Rent service Rent charge and Rent seck Rent service is where a man holdeth his Land of his Lord by Fealty and certain Rent or by Fealty Service and certain Rents Littleton lib. 2. cap. 12. fol. 44. or that which a man making a Lease to another for term of years reserveth yearly to be paid him for the same Terms of Law verbo Rents who giveth this Reason thereof because it is in his liberty whether he will distrein or bring an action of Debt A Rent charge is that which a man making over an estate of his Land or Tenements to another by deed indented either in fee or fee tail or lease for term of life reserveth to himself by the said Indenture a sum of Mony yearly to be paid unto him with clause of distress or to him and his heirs See Littleton ubi supra A Rent seck otherwise a dry Rent is that which a man making over an Estate of his Land or Tenement by Deed indented reserveth yearly to be paid him without clause of Distresse mentioned in the Indenture Littleton ubi supra And Terms of the Law verbo Rents See the new Expositor of Law Terms See Plowden casu Browning fol. 132. b. See the differences between a Rent and an Annuity Doctor and Student cap. 30. Dialog primo Reparatione facienda is a writ which lyeth in divers cases whereof one is where three be Tenants in Common or Joynt tenents or pro indiviso of a Mill or house which is fallen into decay and the one being willing to repair it the other two will not In this Case the party willing shall have this writ against the other two Fitz. nat br fol. 127. where read at large the form and many uses of this writ as also in the Regi orig fol. 153. b. Repeal commeth of the French Rappel i. Revocatio and
longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and
fol 173. Super praerogativa Regis cap. 3. is a writ lying against the Kings widow for marying without his license Fitzherbert nat brev fol. 174. Supplicavit is a writ issuing out of the Chancery for taking the surety of peace against a man It is directed to the Iustices of peace of the County and the Sheriff and is grounded upon the Statue anno pri Edw. 3. cap. 16. which ordaineth that certain persons in Chancery shall be assigned to take care of the peace See Fitzh nat bre fol. 80. This writ was of old called Breve de minis as Master Lamberd in his Eirenarcha noteth out of the Regist orig fol. 88. Sur cui in vita is a writ that lyeth for the heir of that woman whose fiusband having alienated her Land in fee she bringeth not the writ Cui in vita for the recovery of her own Land for in this case her heir may take this writ against the Tenent after her decease Fitzherbert natura brev folio 193. B. Surgeon commeth of the French Chirurgeon i. Chirurgus vulnerarius signifying him that dealeth in the mechanical part of Physick and the outward cures performed with the hand The French word is compounded of two Greek words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not allowed to minister inward medicine See Statute 32 Hen. 8. cap. 4. and Master Powltons new Abridgement titulo Surgeons Surcharger of the Forest is he that doth common with more Beasts in the Forest than he hath right to common withall Manwood parte 2. of his Forest Laws cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the Common law a superfluity or addition more than needeth which sometime is a cause that a Writ abateth Brook titulo Nugation and Supersluity fol. 100 Plowdens casu Dives contra Maningham fol. 63. b. It is sometime also applyed to matter of account and signifieth a greater disbursement than the charge of the Accomptant amounteth unto Surrcjoynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surrejoynder is a second defence of the Plaintiff action opposite to the Defendants Rejoynder And therefore as he saith Hotoman calleth it Triplicationem quae est secunda actoris defensio contra Rei duplicationem opposita Not Hotoman only calleth this triplicationem but the Emperor himsel De Replicationibus libro 4. Institut titulo 14. Surrender sursum redditio is an Instrument testifying with apt words that the particular Tenent of Lands or Tenements for life or years doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reversion thereof shall also have the particular estate of the same in possession and that he yeeldeth and giveth up the same unto him For every surrender ought forhwith to give a possession of the things surrendred West parte 1. lib. 2. Sect. 503. where you may see divers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deed and a suâ—render in Law A surrender in deed is that which is really and sensibly performed Surrender in Law is in intendment of Law by way of consequent and not actual Perkins Surrender fol. 606. seq as if a man have a lease of a farm and during the term he accept of a new lease this act is in Law a surrender of the former Coke vol. 6. fol. 11. b. Sursise supersisae anno 32 H. 8. cap. 48. seemeth to be an especial name used in the Castle of Daver for such penalties and forfeitures as are laid upon those that pay not their duties or rent for Castleward at their dayes an 32 H. 8. cap. 48. Bracton hath it in a general signification lib. 5. tract 3. cap. 1. nu 8. and Fleta lib. 6. c. 3. in prin Surveiour supervisor is compounded of two French words sur i. super and veior i. cernere intueri despicere prospicere videre It signifieth in our Common law one that hath the overseeing or care of some great personages lands or works As the Surveiour general of the Kings mannors Cromptons Jurisd fol. 106. And in this signification it is taken anno 33 H. 8. cap. 39. where there is a Court of Surveyours crected And the Surveyour of the Wards and Liveries West parte 2. symbologr titulo Chancerie Sect. 136. which Officer is erected anno 33 H. 8. cap. 22. who is the second Officer by his place in the Court of Wards and Liveries assigned and appointed by the King His Office seemeth especially to consist in the true examination of the Lands belonging to the Kings wards that the King be not deceived At the entrance into his Office he taketh an Oath ministred unto him by the Master of that Court which see anno 33 H. 8. ca. 39. Surveior of the Kings Exchange anno 9 H. 5. stat 2. cap. 4. was an Officer whose name seemeth in these daies to be changed into some other For I cannot learn that there is any such now Survivour is compounded of two French words sur i. super and viure i. aetatem agere vivere whence also commeth the compound surviure i. superesse It signifieth in our Common law the longer liver of two joynt Tenents See Brook titulo Joynt-tenents fol. 33. or of any two joyned in the right of any thing Suspension suspensio is used for a temporal stop of a mans right and differeth from extinguishment in this that a right of estate suspended reviveth again but extinguished it dyeth for ever Boook titulo Extinguishment and Suspension fol. 314. Suspension is also used in our Common law sometimes as it is used in the Canon law pro minori Excommunicatione As anno 24 H. 8. ca. 12. See Excommunication Suspirall seemeth to be a Spring of water passing under the ground toward a Conduit or Cestern anno 35 H. 8. cap. 10. and to be derived from the Latin suspirare or the French souspirer i. ducere suspiria And indeed the word it self is French for suspiral in that Tongue signifieth spiramentum cavernae the mouth of a Cave or Den or the tunnel of a Chimney Swainmot aliâs Swainmote Swainmotum signifieth a Court touching matters of the Forest kept by the Charter of the Forest thrice in the year anno 3 Hen. octav cap. 18. it is called also a Swainmote what things be inquirable in the same you may read in Cromptons Iurisdict fol. 180. who saith that this Court of Swainmote is as incident to a Forest as the Court of a Pie-powder to a Fair with whom agreeeth M. Manwood parte pri of his Forest-laws pag. 144. The word seemeth to be compounded of Swain and mot or Gemot For Swain as M. Manwood saith ubisupra pag. 111. in the Saxons tongue signifieth a Bookland man which at this day is taken for a Charterer or Freeholder and Gemot as Mr. Lamberd
travers Stawnf praerog fo 96. to tend an averment Brit. cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being used adjectively signifieth in English speech as much as it doth in French But in our Common law it is used as a verb and betokeneth as much as carefully to offer or circumspectly to endeavour the performance of any thing belongingunto us to tender As rent is to offer it at the time and place where and when it ought to be paid To tender his law of non summons Kitchin fo 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See law See make Tenementis legatis is a Writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and chatels to whom they list for the hearing of any controversie touching this matter and for the rectifying of the wrong Reg. orig f. 244. b. Tenant alias tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our Common law him that possesseth Lands or tenements by any kind of right be it in fee for life or for years This word is used with great diversity of Epithits in the Law sometime signifying or importing the efficient cause of possession as Tenent in Dower which is she that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a Statute forfeited unto him Tenent in frank mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage between him and his wife Tenent by the courtesie Idem fol. 159. i. he that holdeth for his life by reason of a child begotten by him of his wife being an Inheritrix and born alive Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in Mortgage Idem fol. 38. is he that holdeth by vertue of a mortgage or upon condition that if the lessor pay so much mony at such a day that he may enter and if not that the seassee shall have a fee simple fee tayl or freehold Sometime these Epithites import the manner of admittance as Tenent by the Verge in antient demeâ—n Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn Sometime the evidence that he hath to shew for his estate as Tenent by copy of Court roll which is one admitted Tenant of any Lands c. within a Manor that time out of the memory of man by the use and custome of the said Manour have been demisable and demised to such as will take the same in fee fee tayl for life years or at will according to the custome of the said manor West parte prim symb li. 2 sect 646 whom read more at large Again Tenent by charter is he that holdeth by feoffment in writing or other deed Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure As Tenent by Knight service Tenents in burgage Tenent in soccage Tenent in frank fee tenent in villenage Sometime they import the estate of the Tenent or his continuance in the Land as Tenent in fee simple Kitchin fol. 150. Tenent in fee tayl Idem fol. 153. Tenent at the will of the Lord according to the custome of the manner Idem fo 132 165. Tenent at will by the Common law Idem eodem Tenent upon sufferance Idem fol. 165. Tenent of state of Inheritance Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth as tenent in chief i. he that holdeth of the King in the right of his Crown Fitzher nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honor eodem Very tenent i. he that holdeth immediately of his Lord Kitchin fol. 99. For if there be Lord Mesn and tenent the tenent is very tenent to the Mesn but not to the Lord above Tenent paravailes pl. cor 197. Fitzh nat br fo 136. D. is the lowest Tenent and farthest distant from the Lord Paramount It seemeth to be Tenent Per availe See Dyers Commentaries fol. 25. nu 156. No tenent in right to the Lord but Tenent for the avowry to be made Littleton fol. 96. Sometime they have a relation between Tenents and Tenents in several kinds as Joynt tenents i. they that have equal right in lands and tenements and all by vertue of one title Litleton lib. 3. cap. 3. Tenents in Common be they that have equal right but hold by divers titles as one or more by gift or descent and others by purchase Idem eodem cap. 4. Particular tenent Stawnf Praerog fol. 13 that is he which holdeth only for his term as tenent in dower tenent by the courtesie or otherwise for life West parte 2. Symbol titulo Fines Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case lib. 1. fo 15. a. they be termors for years or life See Plowden casu Colthirst fol. 22. b. Sole tenent Kitchin 134. i. he that hath none other joyned with him If a man and his wife hold for both their lives and the man dyeth he dyeth not sole tenent Idem eodem Several tenent is opposite to joynt tenents or tenents in common See Several tenenoy Tenent al praecip is he against whom the writ Praecipe is to be brought Cokes Reports lib. 3. The case of Fines fo 88. a. Tenent in demesn anno 13 Ed. 1. cap. 9. anno 32 H. 8. ca. 37. is he that holdeth the demeans of a manor for a rent without fervice Tenent in service anno 20 Ed. 1. stat 1 is he that holdeth by service v. Britton cap. 79. in principio cap. 96 Car fealtic c. â—â—el quaere whether he may be termed tenent in Demein that holdeth some of the demeans howsoever and he tenent in service which is a Free-holder to a Manor holding by service for the Free-holds of a Manor are not accounted of the demesn but only that which the Lord keepeth in his own hand or letteth out by copy according to the custome of the Manor Tenent by execution anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an execution upon any Statute Recogn zance c. Tendeheved decanus vedcaput decem familiarum of this see Rogen Hovedon parte poster suorum annalium fol. 346 a. See Frank pledge Tenement tenementum is diversly used in the Common law most properly it signieth a house or home Stall but in a larger sig nfication it is taken either for house or land that a man holdeth of another And joyned with the Adjective Frank in our Lawyers French it
feudale beneficium adeptus est quasi qui in vassi fide et clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is divided into Homologum et non homologum Homologus is he that sweareth service with exception of a higher Lord and non homologus is he that sweareth without exception all one with Ligeus And the same Author verb. Vassallus saith that it is vassallus quosi bassallus id est inferior socâ—us From the French bas i. humilis dimissus and the Dutch word gesel i. sccius his reason is because the vassal is inferiour to his Master and must serve and reverence him and yet he is in manner his companion because each of them is obliged one to the other He saith farther out of Cujaceus lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a little after he saith thus In the laws of the Feuds vassallus is called fidelis quia fidelit atem jurat Amongst vassals the first place of dignity is given to them that are Duces Marchiones Comites and are called Capitanei Regni The second is granted to Barons and others of like estate and are called Valvasores Majores The third to them who are called Gentlemen or Nobles holding of Barons which also may have under them vassals that be Gentlemen And such vassals holding in chief of Barons are called Valvasores Minores And they which hold of Gentlemen are called Vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called Subvassores Thus sar Master Skene Vasto is a writ that lyeth for the heir against the Tenent for term of life or of years for making waste or for him in the Reversion or Remainder Fitzh nat br fol. 55. Regist orig fol. 72 76. and Regist. Judicial fol. 17.21 23 69. v. anno 6 Edw. pri cap. 5. Vavasour vavasor alià s valvasor is one that in dignity is next unto Baron Cambden Britan. pag. 109. Bracton lib. prim cap. 8. saith thus of this kind of men Sunt alii potentes sub rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magne dignitatis Vavasor enim nibil melius dici poterit quà m vas sortitum ad valetudinem Jacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them Valvasores and giveth this reason of it Quia assident valvae i. portae domini in festis in quibus consueverunt homines curtizare eis reverentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Brâ—tan pag. 108. hath these words of them Primis etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores majores si illis qui de feudis cribunt oredimus iidâ—m fuerunt Barones VE Vendiâ—soni expoâ—as is a writ ludicial directed to the under-Sheriff commanding him to sell goods that he hath formerly by commandement taken into his hands for the satisfying of a judgement given into the Kings Court Register judscial fol. 33. b. Venire facias is a writ judicial and goeth out of the record lying where two parties plead and come to issue sc upon the saying of the Country For then the party Plaintiff or Defendant shall have this writ directed to the Sheriff that he cause to come twelve lawfull men of the same Country to say the truth upon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall go a Habcas corpora and after a Distress untill they come Old nar br fol. 157. See how diversly this writ is used in the table of the Registor judicial There is also a writ of this name that is original as appeareth in the Register orig fol. 200. b. which M. Lamberd in his Processes annexed to his Eirenarcha saith to be the common Processe upon any presentment not being felony nor especially appointed for the fault presented by Statute Wherof he setteth down an example in the same place See also the new book of Entries verbo Enquest fol. 253. columma 1 2 3. Venire sacias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or near place As for example twelve of the Assize ought to be of the same Venew where the demand is made Old nat br fol. 115. and in the statute anno 4 H. 4. cap. 26. anno 25 H. 8. cap. 6. I find these words And also shall return in every such panell upon the venire facias six sufficient Hundreders at the least if there be so many within the hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that saith she is with child and thereby with-holdeth land from him that is the next heir at the common law Register original fol. 227. a. Verdour viridarius commeth of the French verdeur i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his Forest laws pag. 332. defineth him a Iudicial Officer of the Kings forest chosen by the King in the full County of the same Shire within the Forest where he doth dwell and is sworn to maintain and keep the Assises of the Forest and also to view receive and and inroll the Attachments and presentments of all manner of Trespasses of the Forest of vert and venison And the same Author upon the first article of Canutus Charter in the beginning of the same part saith that these in the Saxons times were called Paegened being four in number and they chief men of the Forest as then they were Their Fee was in Canutus time each of them every year of the Kings allowance two horses one of them with a saddle another of them without a saddle one Sword fiue Iavelings one Spear one Shield and ten pounds in mony These four as appeareth by the said Charter num 11. had regalem potestatem and might proceed to a three-fold judgement And if any man offered them or any of them violence if he were a free man he should lose his freedome and all that he had if a villein he should lose his right hand And all the Officers of the Forest were to be corrected and punished by them Ibidem num 10. The Verdour is made by the Kings writ Cromptons jurisd fol. 165. the form of which writ you have in Fitzh nat brev fol. 164. which is directed to the Sheriff for the choise of him in a full County by the assent of the said County Yet if a Verdour be suddenly sick or dead at the time of the Iustice seat a new may be chosen without a writ Manwood parte prim pag.
the same signification See Advowzen and Avowè AE Aetate probanda is a Writ that the Kings Tenent holding in chief by Chivalry and being Ward by reason of his nonage obtaineth to the Eschetour of the County where he was born or some time where the Land lyeth to inquire whether he be of full age to have delivery of his Lands in his own hand Register orig fol. 294. 295. Fitzh nat br fo 253. who also fo 257. saith that this Writ is sometime directed to the Sheriff to empanell a Jury for this is inquiry against a day certain before Commissioners authorized under the broad Seal to deal in such a cause Aerie of Coshawkes aeria accipitrum commeth from the French aiere signifying so much as par in Latine or a pair in English For the French-man saying that one is un houme de boun aiere signifieth that he commeth of a good Paire that is a good Father and a good Mother It is in our Language the proper word in Hawks for that we generally call a nest in other birds So it is used anno 9 H. 3. c. 13. in the Charter of the Forest and in divers other places AF Affeerours afferatores aliâs affidati may probably be thought to proceed from the French affier i. confirmare affirmare It signifieth in our Common Law those that be appointed in Court-leets c. upon Oath to mulct such as have committed faults arbitrably punishable and have no express penalty set down by Statute The form of their Oath you may see in Kitchin fol. 46. The reason of this appellation may seem to be Because they that be appointed to this Office do affirm upon their Oaths what penalty they think in Conscience the Offendour hath deserved It may likewise probably be thought that this commeth from feere an old English word signifying a Companion as gefera doth amongst the Saxons by M. Lamberdâ— testimony verbo contubernalis in his explication of Saxon words And so it may be gathered that M. Kitchin taketh it ca. Amercements fo 78. in these words Mas file amercement soit affire per pares where pares be put for Affeerors And there may be good reason of this because they are in this business made companions and equals You shall find this word used anno 25 Ed. 3. st 7. viz. And the same Justices before their rising in every Sessions shall cause to be affeered the amercements as pertaineth and also to the same effect anno 26 H. 8. cap. 6. Kitchin fo 78. joineth these 3 words together as synonyma Affidati amerciatores affirours Affidare in the Canon law is used for fidem dare ca. fina de cognatio spiritua in Decretal ca. super â—o de testibus Bracton hath Affidare mulierem for to be betrothed to a Woman li. 2. cap. 12. But I find in the customary of Normandy ca. 20. this word affeurer which the Latine Interpretour expresseth by taxare that is to set the price of a thing as aestimare indicare c. which Etymologie of all the other pleaseth me best leaving every man to his own Judgement Affirme affimare commeth either of the Latine or French affirmer it signifieth in our Common law as much as to ratifie or approve a former Law or Judgement So is the Substantive affirmance used anno 8. H. 6. c. 12. And so is the verb it self by M. West parte 2. symbolai titule Fines sect 152. And if the Judgement be affirmed c. as also by M. Crompton in his divers Jurisd fo 166. Afforest afforestare is to turn ground into Forest Charta de foresta c. 1. 30. an 9 H. 3. What that is look more at large in Forest Affray affreia commeth of the French affraier i. horrificare terrere it signifieth in our Common law a Skirmish or fighting between two or more M. Lambert in his cirenarcha lib. 2. cap. 3. saith that it is oftentimes confounded with an assault but yet he is of opinion that they differ in this that where an assault is but a wrong to the Party an affray is a common wrong and therfore both enquirable and punishable in a Leet It might be said likewise that an assault is but of one side and an affray of two or more I think this word affray to be two waies used one as I have already described it another for a terror wrought in the subject by any unlawfull sight of violence or armor c. tending toward violence For so is it used an 2. Ed. 3. cap. 3. AG Age atas commeth from the French aage and signifieth in our Language that part of mans life which is from his birth unto his last day But it is in the Common Law particularly used for those especial times which enable men or women to do that which before for want of age and so consequently of Judgement they might not do And these times in a man be two in a woman six The age of 21 years is termed the full Age in a man the age of fourteen years the age of discretion Littleton lib. 2. cap. 4. In a Woman there are six several ages observed that severally enable her to do six several things Broke Gard. 7. First at 7 years of age the Lord her Father may distrain his Tenents for aid to mary her for at those years she may consent to matrimonie Bracton lib. 2. cap. 36. nu 3. Secondly at the age of nine years she is dowable for then or within half a year after is she able promereri dotem virum sustinere Fleta lib. 5. cap. 22. Littleton lib. prim cap. 5. which Bracton loco citato doth notwithstanding limit at 12 years Thirdly at twelve years she is able finally to ratifie and confirm her former consent given to Matrimony Fourthly at fourteen years she is enabled to receive her Land into her own hands and shall be out of Ward if she be of this age at the death of her Ancestor Fiftly at sixteen years she shall be out of Ward though at the death of her Ancestor she was within the age of fourteen years The reason is because then she may take a Husband able to perform Knights-service Sixtly at 21 years she is able to alienate her Lands and Tenements Instit jure com cap. 24. Touching this matter take further these notes perspicuously gathered At the age of fourteen years a Striplin is enabled to chuse his own Guardian and to claim his Land holden in socage Dyer fol. 162. which Bracton limiteth at fifteen years li. 2. cap. 37. num 2. with whom Glanvile also agreeth lib. 7. ca. 9. And at the age of fourteen years a Man may consent to mariage as a Woman at twelve Bracton ubi supra At the age of fifteen years a man ought to be sworn to keep the Kings peace anno 34 Ed. 1. Stat. 3. The age of 21 years compelleth a man to be Knight that hath twenty pounds Land per annum in fee or for term of
life anno 1. Ed. 2. stat 1. and also enableth him to contract and to deal by himself in all lawful causes appertaining unto his estate Which until that time he cannot with the security of those that deal with him This the Lomberds lettle at 18. years as appeareth by Hotemans disputations in libros feudorum l. 2. c. 53. ver decimo octavo anno Which power the Romans permitted not usque ad plenam maturitatem and that they limitted at 25. years lib. 1 in fine Ï€. de major 25. ann l. fin Co. de Legit. tit in principio titulo de curat in Institut The age of twelve yeares bindeth to appearance before the Sheriff Coroner for enquirie after Robberies ann 52. H. 3. cap. 24. The age of 14. yeers enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minority having an action brought against him for lands comming to him by descent that the action may rest untill he come to his full age which the Court in most cases ought to yeeld unto This is otherwise in the Civill law which inforceth children in their minority to answer by their tutors or curatours Ï€. de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gist i. jacet having gisir in the Infinitive moode whence commeth the nown gisme a lying in childbed or rather of gister i. stabulari a word proper to a Deer cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto stabulari incipit unde commoda propinqua sit pabulatio Budeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or if it may be probably deduced from the Saxon word Gast i. hospes It signifieth in our Common law to take in and feed the cattel of strangers in the Kings Forest and to gather the money due for the same to the Kings use Charta de foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem c. 8. Cromptons Jurisdict fo 146. These are made by the Kings Letters patents under the great Seal of England of whom the King hath four in number within every Forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these four points in agistando recipiendo imbrevitando certificando Manwood parte prima of Forest laws p. 336. 337. whom you may read more at large Their function is tearmed Agistment as agistment upon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or concord of more to one thing this by the Author of the new tearms of law is either executed or executory which you may read more at large in him exemplified by cases AY Ayde auxilium is all one in signification with the French ayde and differeth in nothing but the only pronunciation if we take it as it is used in our vulgar language But in the Common law it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from Tenents to their Lords as toward the relief due to the Lord Paramount Glanvile li. 9. ca. 8. or for the making of his sonne Knight or the marying of his daughter idem eodem This the King or other Lord by the ancient Law of England might lay upon their Tenents for the Knighting of his eldest Sonne at the age of 15. yeers or the mariage of his daughter at the age of 7 yeers Regist orig fol. 87. a. and that at what rate themselves listed But Satute West 1. anno 3. Ed. 1. ordained a restraint for so large a demand made by common persons being Lords in this case and tyed them to a constant rate And the Statute made anno 25. Ed. 3. stat 5. ca. 11. provideth that the rate set down by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. cap. 10. This imposition seemeth to have descended to us from Normandie for in the grand custumary cap. 35. you have a Tractat intituled des aides chevelz i. de auxiliis capitalibus whereof the first is a faire l'aiâ—è filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre au Duc i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassan de consuet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis deseis 131. where he calleth it adjutorium pro maritanda Filia Whence it appeareth that this custome is within the Kingdome of Naples also Touching this likewise you may read these words in Menochius lib. 2. de arbitrat Jud. quaest centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in corum ditionibus privilegia multasque cum locerum incolis conventiones inter quas illa una solet nominari ut possit Dominus collect am illis indicere pro solutione dotium suarum filiaruÌ„ cùm matrimonio collocantur Hoc aliquando Romae observatum à Caligula fuisse in illius vita scribit Suetonius cap. 42. Hodiè hic usus in subalpina regione est frequens ut scribit Jacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro una filia sed pluribus filiabus non tamen pro secundis nuptiis exigitur In which place the said author maketh mention of divers other Civilians and Feudists that record this custome to be in other places Of this Ayd our Fleta writeth thus sicut etiam quaedam consuetudines quae servitia non dicuntur nec concomitantia servitiorum sicut rationabilia auxilia ad filium primogenitum militens faciendum vel ad filiam primogenitam maritandam quae quidem auxilia sunt de gratia non de jure pro necessitate et indigentia domini capitalis Et non sunt pradialia sed personalia secundum quod perpendi poterit in brevi ad hoc proviso c. This word Ayd is also particularly used in matter of pleading for a petition made in court for the calling in of help from another that hath an interest in the cause in question and is likely both to give strength to the party that