haue thought it their part to expound any thing they could meete with in their vvalke And in deede a Lavvyer professeth true Philosophy and therefore should not be ignorant if it vvere possible of either beastes foules or creeping things nor of the trees from the Cedar in Lebanon to the Hyssop that springeth out of the vvall And therefore if I haue either omitted any hard vvord vvithin my circuit or set it dovvne not expounded I giue you good leaue to impute the one to my negligence the other to mine ignorance and so cōmend these my paines to your best profit and you vnto God Nouember 3. 1607. IO. COVVELL These faults I haue noted according to the words alphabetically which of necessitie require emendation IN the word Rawnge for Pouralleeses read Pourallees In the word Reasonable ayde reade Claimeth of his tenents houlding c. For the word Remittere read Remitter In the word Returno habendo for Expleuied reade Repleuied In the word Scot and Lot for Aulote Auscote reade Anlote Anscote For the word Statutum de laboriis reade Laborariis In the word Terme for Certifie reade Rectifie For the word Thrid with hawan man reade Thrid nith For the word Tost read Toft In the word Tolle for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the word Verdour for Verdioir read Verdeur For the word Vicountie reade Vicountiel In the word Watlingstreat for Tosse read Fosse in the word Widow for Vide read Vuide For the word Woolferthfod read Wolferhefod The signification of Words A B ABATE Iutrudere seemeth to be taken from the French Abatre i. decutere destruere prosternere It is in the Writers of the Common law vsed both actiuely and passiuely or rather neuterly as to abate a castell or a fortlet Old Nat. br fo 45. which in Westm 1. cap. 17. is plainely interpreted to be as much as to beate downe And to abate a Writ is by some exception to defeate or ouerthrow it Britton cap. 48. And in this Actiue voice it hath two significations one generall another speciall generall as in the former examples and againe in Kitchin fol. 173. Abater meason is to ruine or cast downe a house especiall as in the Old Nat br fol. 115. A stranger abateth that is entreth vpon a house or lād void by the death of him that last possessed it before the heire take his possession and so keepeth him out Wherefore as he that putteth out him in possession is said to disseise so he that steppeth in betweene the former possessor and his heire is said to abate In the neuter signification it is vsed ann 34. Edw. 1. stat 2. of ioynt tenants viz. the Writ of the demandant shall abate that is shall be disabled frustrated or ouerthrowne So in Stawnfords plees of the crowne fol. 148. In this case a man may say that the appeale abateth by covin that is that the accusation is defeated by deceit See Intrusion Abatement Intrusio cōmeth also of the French abatement i. deiectio decussio prostratio and is likewise vsed as the verbe abate both actiuely and passiuely somtime signifying the act of the abator as the abatement of the heire into the land before he hath agreed with the Lord. Old nat br fol. 91. Sometime the affection or passion of the thing abated as abatement of the writ Kitchin fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians Brit. cap. 51. or rather an effect of it For the exception alledged and made good worketh the abatement And this exception may be taken either to the insufficiencie of the matter or to the incertaintie of the allegation by the misnaming of the plaintiffe defendant or place to the variance betweene the Writ and the specialtie or record to the incertaintie of the VVrit count or declaration or to the death of the plaintiffe or defendant new tearmes of the law verbo Abatement of Writ And he that will reade more of this may looke vpon the new booke of Entries verbo Briefe Abatour Intrusor is he that abateth that is thrusteth into a house or land void by the death of the former possessor and not yet entred or taken vp by his heire Old nat br fol. 115. Perkins fol. 76. If there be a disseissor abator or intrudor vpon any land by the deceipt of the woman c. Abbot Abbas in French Abbè is by skilfull Linguists said to come from the Syriacke word Abba i. pater and in our common law is vsed for him that in the covent or fellowship of Canons hath the rule and preheminence He is by Iustinian novel constitut 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tearmed Archimandrita of others Coenobiarcha vel Archimonachus Hoto in verbis feuda Of these some here in England were mitred some not Stowes annals pa. 442. And those that were mitred were exempted from the iurisdiction of the diocesan hauing in themselues episcopal authoritie within their precincts and being also Lords of the Parlament Of this kind thus saith Corasius Aliqui Abbates habent iurisdictionem episcopalem ad quos cum Ecclesia pleno iure pertineat in eorum Monasteriis Episcopus nihil exercet cap. Ea quae Vbi Panor extra de statu Monacho Haec dictus author in Paraphrasi de sacerdotio materia parte pri cap. 9. And these were called Abbots soueraigne anno 9. R. 2. cap 4. and Abbots generals as M. Fearne noteth in his glory of generositie pag. 126. The other sort were subiect to the diocesan in all spirituall gouernement cap. Monasteria 18. quaest 2. cap. Abbas cap. visit andi cum quatuor sequentibus ibidem ca. Omnes 16. quaest 7. cap. Cùm venerabilis extra de religîosis domibus And as Abbots so were there Lord Priors also who both had exempt iurisdiction were Lords of the Parlament as appeareth by S. Edward Cooke de iure Ecclesiastico fol. 28. a. Abeyance seemeth to be deriued from the French Abayer i. allatrare to barke at as dogs do against a stranger or spaniels at a Fesant put to the pearke So children are said bayer à la mamme when seing the dug they struggle and make meanes towards it And they likewise bayer a l'argent qui spe atque animo incumbunt pecuniae This word in Litleton cap. Discontinuance is thus vsed The right of Fee-simple lyeth in abeyance that is as himselfe interpreteth all onely in the remembrance intendmēt and consideration of the law Also in the same place the Francke tenement of the glebe of the parsonage is in no man during the time that the parsonage is void but is in abeyance And againe It is a principle in lawe that of euery land there is Fee-simple in some man or the Fee-simple is in abeyance Considering these places and comparing them with the signification of
into a booke after a survey made of them now remaining in the exchequer and called Domes day looke And those which by that booke doe appeare to haue belonged to the crowne at that time and at 〈◊〉 conteined vnder the title Terrae regis be called aunciēt demeasn Kitchin fo 98. and M. Gwin in the preface to his readings Of these tenents there were two sorts one that held their land frankely by charter and another that held by copy of court rolle or by verge at the will of the Lord according to the custome of the maner Fitzh nat br fo 14. d. of which opinion also Brittonis ca. 66. nu 8. The benefite of this tenure consisteth in these points first the tenents of a manner holding freely by charter in this sort cannot be impleaded out of the same maner and if they be they may abate the writ by pleading their tenure before or after answer made Secondly they be free of tolle for al things concerning their sustenāce husbādry Thirdly they may not be ēpaneled vpō any ēquest Terms of the law but more at large by Fitzh nat br fo 14. d. whome reade as also fo 128. a. c. And as it appeareth by him eodem fo 4. B. C. these tenents held by the service of plowing the kings land by plashing his hedges or by suche like toward the maintenance of the kings household in which regard they had such liberties giuen them wherin to avoide disturbance they may haue writs to such as take the duties of tolle in any market or feire as likewise for immunitye of portage passage such like Fitzh nat br f. 228. A. B. C. D. by which author it also appeareth that no lands be to be accompted auncient demeasn but such as are holden in socage fo 13. D. et 14. B. C. See Monstraverunt and Firtzh fo 14. and Dessendo quietum de telonio fo 226. Fleta maketh three tenures holding of the crowne auncient demeasn by escheate by purchase li. 1. ca. 20. See Demaine Auncient Demesn arere antiquum dominicum à retro is that aūcient demesn which the king graunteth ouer to hold of a maner Kitchin fo 67. b. Avowè advocatus see Advowè Britton saith that Avowè is he to whome the right of advowzen of any Church appertaineth so that he may present thereunto in his owne name and is called avowè for a difference from those that sometime present in another mans name as a gardiā that presenteth in the name of his warde and for a difference also from them which haue the lands whereunto an advowzen appertaineth but onely for tearme of their liues or of yeares or by intrusion or desseisin ca. 92. Avowrie See Advowrie Avoir de pois is in true French avoir du poix i. habere pondus aut iusti esse ponderis It signifieth in our common lawe two things first a kinde of weight divers from that which is called Troy weight conteining but 12. ounces to the pound where as this conteineth sixteene And in this respect it may be probably coniectured that it is so called because it is of more weight then the other Then also it signifieth such merchandize as are waied by this weight and not by Troy weight as in the statute of York anno 9. Ed. 3. in prooem anno 27. Ed. 3. Statuto 2 ca. 10. at anno 2 Rich. 2. cap. 1. See Weights Auxilium ad filium militem faciendum filiam maritandam is a writ directed to the Shyreeue of euery countie where the king or other lord hath any tenents to leuye of them reasonable ayde toward the knighting of his son and the mariage of his daughter See Ayde and Fitz. nat br fol. 82. B BAcheler Bachalaureus cōmeth of the French Bachalier i. tyro and thereupon I thinke those that be called Bachelers of the Companies in London be such of each company as be springing toward the estate of those that be imployed in Coūcel but as yet are inferiors For euery cōpany of the twelue consisteth of a Master two Wardens the Liuerie which are assistants in matter of Councell or at the least such as the Assistants be chosen out of and the Bachelers which are yet but in expectance of dignitie among them and haue their function onely in attendance vpon the Master and Wardens I haue read in an old monument this word Bacheler attributed to the Lord Admirall of England if he be vnder a Baron in French words to this effect and it is to weet that when the Admirall rideth to assemble a snippe of warre or other for the businesse and affaires of the Realme if he be a Bacheler he shall take for his day wages 4. 〈◊〉 sterling if he be an Earle or Baron he shall take wages after the rate of his estate and degree This word is vsed anno 13. R. 2. stat 2. cap. i. signifieth as much as Bacheler Knight doth anno 3. Ed. 4. cap. 5. that is a simple Knight not a Knight baneret See Banaret Touching the farder etymologie of this word Bachalarii teste Renano à bacillo nominati sunt quia primi studii authoritatem quae per exhibitionem baculi concedebatur iam consecuti fuissent Vt fuerit velut quoddam mancipationis signum in huiusmodi aliquod studium baculi traditio Alciat writeth the word baccalaurei eosque dicit visos à bacca laurea nomen sumpsisse in l. cui praecipua 57. Π. de verbo significa Backberond is a Saxon word and almost English at this day signifying as much as bearing vpon the backe or about a man Bracton vseth it for a signe or circumstance of manifest theft which the Civilians call furtum manifestum For dividing furtum in manifestum non manifestum he defineth furtum manifestum in this sort Furtum verò manifestū est vbi latro deprehensus est seisitus de aliquo latrocinio sc hand habend backberend insecutus fuerit per aliquem cuius res illa fuerit li. 3 tract 2. cap. 32. Master Manwood in the second part of his forest lawes noteth it for one of the 4. circumstances or cases wherein a Forester may arrest the bodie of an offender against vert or venison in the Forest For by the assise of the Forest of Lancaster saith he taken with the maner is when one is found in the kings Forest in any of these foure degrees sc stable stand dogge drawe backe beare and bloudie hand In which place you may find all these interpreted Badger cōmeth of the French bagage i. sarcina impedimentū It signifieth with vs one that buyeth corne or victuals in one place and carieth it into another See Cromptons Iustice of peace fol. 69. 70. Baye or penne is a pond head made vp of a great heith to keep in a great quantitie or store of water so that the wheeles of the fornace or hammer belonging to an Iron mill may stand vnder them and be driuen by the
the disherison of the house or church This is founded vpon the statute of Westm 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the author of the Termes of law saith that this is not brought against the tenent or alience Contra formam feoffamenti is a writ that lyeth for the heire of a tenent infeoffed of certain lands or tenements by charter of feofment by a Lord to make certain seruices and suites to his court and is afterward distreined for more then is contained in the said charter Regist orig fol. 176. old nat br fol. 162. and the Tearmes of the lawe Contributione faciendae is a writ that lieth in case where more are bound to one thing one is put to the whole burden Fitz. nat br fo 162. bringeth these examples If tenēts in cōmon or ioynt hold a mill pro indiviso equally take the profits therof the mill falling to decay one or more of thē refusing to contribute toward the reparation therof the rest shall haue this writ to cōpell thē And if there be 3. coparceners of land that owe suite to the lords court the eldest perform the whole then may she haue this writ to compell the other two to a cōtributiō of the charge or to one of them if one only refuse The old nat br frameth this writ to a case where one onely suite is required for land that land being sold to diuers suite is required of them all or some of them by distresse as intirely as if all were still in one fol. 103. See the Regist orig fol 176. Controller contrarotulator cōmeth of the French contrerouleur i. antigraphus gracè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was vsed for him cui id muneris iunctum erat vt observaret pecuniam quam in vsum Principis vel civitatis colligerunt exactores Budaeus in annota prio in pand titulo De officio quaestoris In England we haue diuers officers of this name as controller of the kings house pl. cor fol. 52. anno 6. H. 4. cap. 3. controller of the nauie anno 35. Elizabeth cap. 4. controller of the custome Cromptons Iurisd fol. 105. controller of Calis anno 21 Rich. 2. cap. 18. controller of the Mint anno 2. H. 6. cap. 12. controller of the hamper Contrarotulator Hamperii which is an officer in the Chauncerie attending on the Lord Chaunceler or Keeper daily in the terme time and dayes appointed for sealing His office is to take all things sealed from the clerke of the hanaper inclosed in bags of lether as is mentioned in the said clerkes office and opening the bags to note the iust number especiall effects of all thinges so receiued and to enter the same into a speciall booke with all the duties appertaining to his Maiestie and other officers for the same and so chargeth the clerke of the hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice euery yeare to the Shyreeues to levie the Fermes and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the pell is also an officer of the Exchequer of which sort there be two viz. the two chamberlaines clerkes that do or should keepe a controlment of the pell of receipts and goings out And in one word this officer was originally one that tooke notes of any other officers accompts or receipts to the intent to discouer him if he dealt amisse and was ordained for the Princes beter securitie howsoeuer the name sithence may be in some things otherwise applyed To the proofe whereof you may take these few words out of Fleta lib. 1. cap. 18. in prin Qui cùm fuerint ad hoc vocati electi speaking of the coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentēt contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illud tangentibus c. Which contrarollum is nothing else but a paralel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or originall This also appeareth by anno 12. Ed. 3. ca. 3. And this signification it seemeth to haue also in Fraunce For there the king hath his receyuers of taylles in euery prouince and controllers qui ad maiorem fidem susceptoribus accedunt describuntque in tabulis quae colliguntur Gregorii syntagn lib. 3. cap. 6. num 6. Conuentione is a writ that lyeth for the breach of any couenant in writing Register orig fo 185. Old nat br fo 101. Fitzh calleth a writ of couenant nat br fo 145. who deuideth couenants into personall and reall making a sufficient discourse of them both as also how this writ lyeth for both Conuict conuictus is he that is founde guilty of an offence by the verdict of the iurie Stawnf pl. cor fo 186. yet Master Crompton out of Iudge Dyers commentaries 275. saith that conuiction is either when a man is outlawed or appeareth and confesseth or els is founde guilty by the inquest Crompt Iust of peace fo 9. a. Conuiction and attainder are often confounded li. 4. fo 46. a. b. See Attaint Coparceners participes be otherwise called parceners and in common law are such as haue equall portion in the inheritance of their auncestour and as Litleton in the beginning of his third booke saith parceners be either by law or by custome Parceners by law are the issue femall which noe heyre male being come in equality to the lands of their auncestours Bract. li. 2. ca. 30. Parceners by custome are those that by custome of the country chalenge equall part in such lands as in Kent by the custome called Gauel Kinde This is called adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the ciuilians it is tearmed familiae erciscundae iudicium quod inter cohaeredes ideo redditur vt haereditas diuidatur quod alterum alteri dare facere oportebit praestetur Hotoman Of these two you may see Litleton at large in the first and second chapters of his third booke and Britton cap. 27. intituled De heritage diuisable The crowne of England is not subiect to coparcinory anno 25. H. 8. ca. 22. Copie copia commeth from the french copia i. le double de quelqut escripture latinè descriptio graece 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an originall writing as the copie of a charter the copie of a court rolle Copia libelli deliberanda is a writ that lyeth in case where a man cannot get the copie of a libell at the hands of the Iudge ecclesiasticall Register orig f. 51. Copiehould tenura per copiam rotuli curiae is a tenure for the which the tenent hath nothing to shew but the copie of the rols made by the steward of
i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the degrees and in case of a more remote seisin whereunto the other three degrees do not extend The writ in the second degree is called a writ of entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the writ brought against an Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
his Additament to his Theater verb. Ansiatici saith is an old Gothish word Where he sheweth not the interpretation It signifieth a certaine societie of Merchants combined together for the good vsage and safe passage of merchandies from kingdome to kingdome This societie was and in part yet is endued with many large priuiledges of princes respectiuely within their territories It had foure principall seates or staples where the Almaine or Dutch Merchants being the erectours of this societie had an especiall house one of which was here in London called Gildhalda Teutonicorum or in our common language the Steelyard Of this you may reade more in the place of Ortelius aboue mentioned Happe commeth of the french Happer i. rapio cum quadam velocitate capio and the french seemeth to come from the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It signifieth in our common lawe the same thing as to happe the possession of a deede poll Litleton fol. 8. Haque is a handgunne of about three quarters of a yard long anno 33. H. 8. ca. 6. a. 2. et 3. Ed. 6. ca. 14. There is also the halfe haque or demy hake See Haquebut Haquebut is that peece of artilery or gunne which we otherwise call an harquebuse being both french words anno 2. 3. Ed. 6. ca. 14. anno 4. 5. Ph. Ma. ca. 2. Hariot aliâs Heriot heriotum is the saxon heregeat a litle altered which is drawn from here i. exercitus and a heriot in our Saxons time signified a tribute giuen to the lord for his better preparation toward war Lamb. in his expl of Saxon words verbo hereotum The name is still reteined but the vse altered for whereas by M. Lamb. opinion vbi supra it did signifie so much as Releife doth now with vs now it is taken for the best chaâ—ell that a tenent hath at the houre of his death due vnto the lord by custome be it horse oxe kettle or any such like M. Kitchin distinguisheth betweene heriot seruice and heriot custom fol. 133. 134. for interpretation whereof you shall finde these words in Brooke titulo hariot nu 5. Hariot after the death of the tenent for life is hariot custome For hariot service is after the death of tenent in fee-simple The new Expounder of the lawe termes saith that hariot seruice in some mans opinion is often expressed in a mans graunt or deed that hee holdeth by such seruice to pay hariot at the time of his death that holdeth in fee simple Hariot custome is where hariots haue bin payed time out of mind by custome And this may be after the death of the tenent for life See Plowden fol. 95. b. 69. a. b. Braston saith that heriotum est quasi Releuium lib. 2. cap. 36. See Reliefe But Britton cap. 69. saith that heriot is a reward made by the death of a tenent to any Lorde of the best beaste found in the possession of the tenent deceased or of some other according to the ordinance or assignement of the party deceased to the vse of his Lord which reward toucheth not the Lord at all nor the heire nor his inheritance neither hath any comparison to be Releife for it proceedeth rather of grace or goodwill then of right and rather from villeins then free men See Dyer fol. 199. nu 58. to the same effect This in Scotland is called Herrezelda compounded of herr i. dominus herus and zeild i. gift Skene de verbo signif verbo Herrezelda Hart is a stagge of 5. yeares old compleate Manwood parte 2. of his forest lawes cap. 4. nu 5. which he hath out of Budaeus de philologia li. 2. And if the King or Queene doe hunt him and he escape away aliue then afterward he is called a Hart royall And if the beast by the Kings or Queenes hunting be chased out of the forest and so escape proclamation is commonly made in the places there about that in regard of the pastime that the beast hath shewed to the King or Queene noneshall hurt him or hinder him from returning to the forest and then is he a Hart royall proclaimed Idem eodem Hauberk commeth of the French Haubert i. lorica wherevpon he that holdeth land in France by finding a coate or shirt of mayle and to be readie with it when he shall be called is said to haue Hauberticum feudum whereof Hotoman writeth thus Hauberticum feudum gallicâ linguâ vulgò dicitur pro loricatum i. datum vasallo ca conditione vt ad edictum loricatus siue cataphractus praesto sit Nam vt lorica latinis propriè minus vsitatè est tegmen de loro factum quo maiores in bello vtebantur quemadmodum Seruius Honoratus scribit in libro AeneiduÌ„ 11 frequentissimè autem pro aenea armatura in tegravsurpatur sic apud Gallos Haubert propriè loricam annulis contextam significat quam vulgus Cotte de maille appellat Haec Hot. in verbis feudal verbo Hauberticum feudum Hauberk with our awncesters seemeth to signifie as in France a shirt or coate of mayle and so it seemeth to be vsed anno 13. Ed. pri stat 3. ca. 6. Though in these daies the word is otherwise written as Halbert and signifieth a weapon well enough knowne Haward aliâs Hayward secmeth to be componnded of two french word Hay i. sepes Garde i. custodia It signifieth with vs one that keepeth the common heard of the towne the reason may be because one part of his office is to looke that they neither breake nor croppe the hedges of inclosed grounds It may likewise come from the german herd i. armentuÌ„ bewarren i. custodire He is a sworne officer in the Lords court and the forme of his oath you may see in Kitchin fol. 46. Hawkers be certaine deceitfull felowes that goe from place to place buying selling brasse pewter and other merchandise that ought to be vttered in open market The appellation seemeeth to growe from their vncertaine wandering like those that with hawkes seeke their game where they can finde it You finde the word anno 25. H. 8. ca. 6. anno 33. eiusdem cap. quarto Headborow is compounded of two words Heofod i. caput and Bor-he i. pignus It signifieth him that is chiefe of the franckpledg and him that had the principall gouernment of them within his owne pledge And as he was called Headborowe so was he also called Borowhead Bursholder Thirdborow Tithing man Chiefe pledge or Borowelder according to the diuersitie of speach in diuers places Of this see M. Lamberd in his explication of Saxon words verbo Centuria and in his treatise of Constables and Smith de Repub. Anglo lib. 2. cap. 22. It nowe signifieth Constable See Constable Healfang is compounded of two Saxon words Hals i. colluÌ„ and fang i. capere captivare See Pylorie Heire Haeres though for the word it be borowed of the latine yet it hath not altogether the same signification with vs that it
not any latine word for abatement but intrusio so that I rather thinke these 2. english words to bee synonyma and Fleta cap. suprà citato seemeth direct against this his opinion Intrusione is a writ that lyeth against the intruder Register fol. 233. Inuentarie inuentarium is a description or repertory orderly made of all dead mens goods and catels prized by foure credible men or more which euery executor or administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Simb lib 2. sect 696. where likewise you may see the forme This Inuentary proceedeth from the ciuill law for whereas by the auncient law of the Romans the heire was tyed to aunswer all the testators debts by which meanes heritages were preiudiciall to many men and not profitable Iustinian to encorage men the better to take vppon them this charitable office ordained that if the heire would first make and exhibite a trew Inuentary of all the testatours substance comming to his hand he should be no furder charged then to the valew of the Inuentarie l. vlt. Cod. de Iure de liberando Inuest Inuestire commeth of the french word Inuester and signifieth to giue possession He are Hotoman de verbis fendalibus verbo Inuestitura Inuestitura barbarum nomen barbaricam quoque rationem habet Nam vt ait Feudista lib. 2. titulo 2. Inuestitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with vs we vse likewise to admit the tenents by deliuering them a verge or rodd into their hands and ministring them an oath which is called Inuesting others define it thus Inuestitura est alicuius in suumius introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure Ioynder is the coupling of two in a suite or action against another Fitzh nat br fol. 118. H. 20◠H. 221. H. in many other places as appeareth in the Index verbo Ioynder Ioynt tenents simul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hould lands or tenements by one title pro indiuiso or without partition Litleton lib. 3. cap. 3. and termes of law See Tenents in common Ioyning of issue Iunctio exitus See Issue Iointure Iunctura is a couenant whereby the husband or some other freind in his behalfe assureth vnto his wife in respect of mariage lands or tenements for terme of her life or otherwise See West part 2. Symbol lib. 2. titulo Couenants sect 128. and the new expositiō of the law terms it seemeth to be called a Ioynture either because it is granted ratione iuncturae in matrimonio or because the land in franke mariage is giuen ioyntly to the husband and the wife and after to the heirs of their bodies whereby the husband and wife be made ioynt tenents during the couerture Coke li. 3. Butler Bakers case f. 27. b. See franckmariage Ioynture is also vsed as the abstract of ioynt tenents Coke lib. 3. the Marques of Winchesters case fol. 3. a. b. Iunctura is also by Bracton and Fleta vsed for ioyning of one bargaine to another Fleta lib. 2. ca. 60. touching the selfe same thing and therefore ioynture in the first signification may be so called in respect that it is a bargaine of liuelyhood for the wife adioyned to the contract of mariage Iourn Choppers anno 8. Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarne were in those daies called iourn I cannot say but choppers in these daies are well knowne to be chaungers as choppers of churches c. Iourneyman commeth of the French Iournee that is a day or dayes worke which argueth that they were called Iourneymen that wrought with others by the day though now by statute it be extended to those likewise that couenant to worke in their occupation with another by the yeare anno quinto Elizabeth cap. quarto Issue Exitus commeth of the French Issir i. emanare or the substantiue Issue i. exitus euentus It hat diuers applications in the common lawe sometime being vsed for the children begotten betweene a man and his wife sometime for profits growing from an amercement or fine or expenses of suite sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of mater depending in suite wherupon the parties ioyne and put their cause to the triall of the Iury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage betweene the parents the profits growing to the king or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the triall of twelue men is the effect of pleading or processe Issue in this last signification is either generall or speciall Generall issue seemeth to be that whereby it is referred to the Iury to bring in their verdict whether the defendant haue done any such thing as the plaintife layeth to his charge For example if it be an offence against any statute and the defendant pleade not culpable this being put to the Iury is called the generall issue and if a man complaine of a priuate wrong which the defendant denieth plead no wrong nor disseisin and this be referred to the 12. it is likewise the generall issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. the speciall issue then must be that where speciall mater being alleadged by the defendant for his defence both the parties ioyne therevpon and so grow rath er to a demurrer if it be quaestio Iuris or to tryall by the Iurie if it be quaestio facti see the new booke of Entries verbo Issue Iuncture see Iointure Iure patronatus See the newe booke of Entries verbo Iure patronatus in quar◠impedit fol. 465. col 3. Iurie Iurata commeth of the french Iurer i iurare it signifieth in our common lawe a companie of men as 24. or 12. Sworne to deliuer a truth vpon such euidēce as shal be deliuered them touching the matter in question Of which triall who may and who may not be empaneled see Fitzh nat br fol. 165. D. And for beter vnderstanding of this point it is to be knowne that there be 3. maner of trials in England one by Parlament another by battle and the third by Assise or Iurie Smith de repub Anglorum lib 2. cap 5. 6. 7. touching the 2. former reade him and see Battell and Combat and Parlament the triall by Assise be the action ciuile or criminall publick or priuate personall or reall is referred for the fact to a Iurie and as they finde it so passeth the Iudgement and the great fauour that by this the King sheweth to his subiects more then the princes of other nations you may reade in Glanuil lib 2 cap 7. where he called it
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
businesse See Association And Fitz. nat br fol. 185. 111. C. and Register origin fol. 202. 206. 124. Si recognoscant is a writ that lyeth for a Creditour against his depter for money numbred that hath before the shyreeue in the Countie court acknowledged himselfe to owe vnto his creditor such a summe receiued of him in numeratis pecunits The forme of the writ is this Rex Vicecomiti salutem Praec tibi quod si A. recognoscat se debere R. 40. solid fine vlteriori dilatione tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum Teste c. Old nat br fol. 68. Skawe anno 4. Ed. 4. cap. 1. Skyvinage anno 27. H. 6. cap. 2. a proper name signifying the precincts of Caleis Sluse exclusa is a frame to keepe or let water out of a grounde Soc Soca is a word signifiing a power or libertie of Iurisdiction as appeareth by these words out of Bracton Sunt quidam Barones alii libertatem habentes sc soc sac Tol Thean Infangthefe Vtfangthefe isti possunt iudicare in Curia sua eum qui inuentus fuerit iufra libertatem suam seisitus de aliquo latrocinio manifesto li. 3. tractat 2. cap. 8. In the lawes of King Edward set out by M. Lamberd fol. 132. you haue these words Socha est quod si aliquis quarit aliquid in terra sua etiam furtum sua est Iusticia si inuentum fuerit an non Saxon in the description of Britany cap. 11. saith that Sock is a suite of Court and that thereof commeth Soken But the signification of the word as I haue bene credibly informed is as much as Inquisitio which we in moderne English terme seeking Of this Sok Skene de verborum signifie speaketh to this effect Sok is an ould word vsed in Charters and feofments which in sundry old bookes conteining the municipiall law of this Realme is called Secta de hominibus suis in curia secundum consuetudinem Regni So after my opinion he that is infeoffed with Sck. which now we call Soit but we in England Suite hath power to hould courts within his owne Baronie in which homines sui should giue Soyt Thus farre M. Skene Of this Fleta hath these words In huiusmodi verò maneriis speaking of the Kings maners erant olim liberi homines liberè tenentes quorum quidam cum per potentiores è tenementis suis eiecti fuerant eadem postmodum in villenagium tenenda resumpserūt quia huiusmodi tenentes cultores Regis esse dinoscuntur eis provisa fuit quies ne sectas facerent ad comitatus vel hundredōs vel ad aliquas inquisitiones assisas vel iuratas nisi in manerio tantùm dum tamen pro terra quorum congregationem tunc socam appellarunt hinc est quòd Socmanni hodie dicuntur esse A soco enim deriuantur quorum tonementa sunt villenagium domini privilegiatum ideo dicuntur glebae ascriptitii eo quòd ab huiusmodi glebis amoueri non deberent quam diu soluerent debitas pensiones nec compelli poterunt ad buiusmodi tenementa tenenda contra suas voluntates eo quòd corpora sua sunt libera Nec obstabit longa seruitutis possessio ad libertatē extinguendam quamuis ad merchetum sanguinis sui compulsus fuerit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinē in seruitute reducere non magis quam liberum tenementum potest servum in libertatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kinde of tenents in any place within the maner or libertie wherefore he that hath soc may seeme to haue such a maner such tenents and such a libertie belonging to his maner and tenents as is here described Here you see diuersities of opinions touching this word one saying that it is a power or libertie to seeke after theeues stollen goods within a maner or fee and to doe iustice vpon such inquisition others that it is a libertie onely to haue suiters to his court other as Fleta that it conteineth both the former significations and furder that it is taken for the company of tenents which liue within such a liberty and are exempled from those common seruices of the Prince and country wherunto subiects are ordinarily tied This kinde of liberty is in diuers places at this day in England and commonly knowne by the name of soke or soken See Soke and Sockmans Soccage soccagium commeth of the French Soc. i. vomer a plowshare or coulter It signifieth in our common lawe a tenure of lands by or for certaine inferiour or husbandly seruices to be performed to the Lord of the fee. See Instituts of common lawe 31. As I haue shewed in Chivalrie all seruices due for land is either knights seruice or socage So then whatsoeuer is not knights seruice is soceage Bracton in his 2. booke cap. 35. num primo describeth it thus Dici poterit soccagium à Socco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quòd deputati sunt vt videtur tantummodo ad cultur am quorum custodia maritagia ad propinquiores parentes iure san guinis pertinebit Et si aliquando inde de facto capiatur homagium quòd pluries contingit non tamen habebit propter hoc Dominus capitalis custodiam maritagium Quia non semper sequitur homagium licet aliquando sequatur M. Skene de verborum significatione verb. Sockmanria saith that Sockage is a kinde of holding of lands when a man is infeoffed freely without any seruice ward reliefe or mariage and paieth to his Lord such dutie as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenche ferme siue nomine albae firmae opponitur militi qui tenet per seruitium militare Out of the place aboue named in Bracton you may finde a diuision of Soccage wherby 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 vbi fit seruitium in denariis Dominis capitalibus nihil inde omnino datur ad scutum seruitium Regis Where I gather that to be free soccage which paieth a certaine summe of money to the chiefe 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. nu 9. c. vnde si tantum in denariis sine scut agio vel seriantiis vel si ad duo teneatur sub disiunctione sc ad certam rem dandam pro omni seruitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas
vnderchamberlaine anno 13. R. 2. stat 2. cap. 1. is a great officer in court next vnder the Lord Chamberlaine and in his absence hath the command and controlmēt of all officers superior inferior whatsoeuer appertaining to that part of his maiesties houshold which is called the chamber wherein is included as well the bedde chamber as the priuy chamber the presence and the great Chamber and all other roomes as galeries c. thereto belonging with the Councell chamber priuic closet c. And in the Lord Chamberlaines absence he keepeth his table in the great chamber commanding and overseeing the attendance of all to whome it appertaineth to be ready and waiting on his maiestie going to the chapell or to speake with ambassadours or els walking or riding forth Vicount aliâs Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with vs as much as Shyreeue Betweene which two words I finde no other difference but that the one commeth from our Conquerours the Normans and the other from our Auncesters the Saxons wherefore see more of this in Shyreeue Vicount also signifieth a degree of nobility next vnto an Earle which as M. Cam. Brita p. 107. saith is an old name of office but a newe one of dignitie neuer heard of amongst vs vntill Henry the sixth his daies But this degree of honour is more auncient farre in other countries Cassan in gloria mundi parte 5. consid 55. whome you may reade Vicountie is an adiectiue made of vicountiè and signifieth as much as belōging to the vicount as writs vicountiel are such writs as are triable in the countie or Shyreeues court old nat br fol. 109. Of this kinde you may see diuers writs of Nusance set downe by Fitzh in his nat br fol. 184. b. There be also certaine fermes called Vicountiels which the Shyreeue for his time payeth a certaine rent for to the King and maketh what profit he can of them See the statutes anno 33. 34. H. 8. ca. 16. anno 2. 3. Ed. 6. ca. 4. and anno 4. H. quint. capite secund Vilaica removenda is a writ that lyeth for the remooving of forcible possession of a benefice kept by lay men And this writ is graunted some time vpon the Certificate of the Bishop into the Chauncerie that there is such a force in his Dioces some time vpon a surmise made there of by the Incumbent himselfe without the certificat of the Bishop and hath a seuerall forme for either case Fitzh nat br fol. 54. Register orig fol. 59. 60. Villanis Regis subtractis reducendis is a writ that heth for the bringing back of the kings bondmen that haue beene caried away by others out of his maners wherevnto they belonged Register origin fol. 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our common lawe a bondman or as much as Servus among the Ciuilians Of these there be two sorts in England as Sir Tho. Smith saith in his repub Anglo li. 3. cap. 8. one termed a Villein in grosse which is immediately bound to the persons of his Lord and his heires the other a villein regardant to a maner whome the Ciuilians terme Glebae ascriptitium being bound to their Lord as members belonging and annexed to such a maner whereof the Lord is owner This diuision is affirmed by diuers places of our common lawe writers as in the old nat br fol. 8. You haue these words Know ye that a woman shall be indowed with a villein in grosse c. and againe fol. 39. If a man doe menace or threaten any villeins which are regardant to a maner c. Bracton hath another diuision of villeins which is all one with the Ciuilians For in his first booke cap. 6. nu 4. he saith thus Serui autem nascuntur aut fiunt and then thus goeth forward Nascuntur ex nativo natiua alicuius copulatis vel solutis sive sub potestate Domini constituti sint sive extra potestatem Item nascitur seruus qui ex natiua soluta generatur quamvis ex patre libero quia sequitur conditionem matris quasi vulgò conceptus c. And after diuers things deliuered of this sort he saith againe thus Fiunt etiam servi liberi homines captivitate de iure Gentium c. Fit etiam servus liber homo pro confessionē in Curia Regis factam vt cum liber homo sit in Curia Regis se cognoscat ad villanum Item liber homo fit servus si cum semel manumissus fuerit ob ingratitudinem in seruitutem reuocetur Item fit liber homo seruus cùm ab initio clericus vel monachus factus fuerit postea ad secularem vitam redierit Quia talis restitus debet Domino suo v. Tiraquellum de Nobilitate cap. 2. pag. 14. num 54. In very many provinces of Fraunce there be certaine men called homines manus mortuae qui tanta iuris similitudine adscriptiis colonis coniuncti prope iidem videntur Non autem serui sunt omnino sed in territorio domini sunt tanquam alligati non habentes demigrandi potestatem Itaque serui corporis prosecutionis vulgò dicuntur quòd si fugerint potest eos profequi dominus capere Tributum antem isti nonnullas commoditates domino praestant in quibus haec maxima quod ipsis vita functis sine sobole succedit dominus vel ex toto vel ex parte Connanus li. 2. cap. 10. num 3. whose words I thought not vnfit for this place because they expresse the nature of our villenage somthing aptly Villein fleeces anno 31. Ed. 3. cap. 8. are fleeces of wolle that are shorne from scabbed sheepe Vidimus anno 15. H. 6. ca. 3. Villenage Villenagium commeth of villein and signifieth a seruile kinde of tenure belonging to lands or tenements that is a tenure of lands or tenements by such a seruice as villeins are fittest to performe For euery one that houldeth in villenage is not a villein or a bond man Villenagium vel seruitium nihil detrabit libertatis habit a tamen distinctione vtrum tales sint villani tenuerint in villano soccagio de dominico Domini Regis Bracton lib. pri ca. 6. nu pri Britton in his 66. chapter speaketh to this effect Villenage is a tenure of the demesns of a Lord deliuered to a Tenent at the Lords will by villenous seruices to improoue it to the Lords vse and deliuered by the rodde and not by any title of writing or succession of inheritance c. And a litle after he hath words to this effect In the maners of our auncient Demesns there be pure villeins both by blood and tenure the which may be cast out of their tenement and depriued of their chatels at the pleasure of the Lord. By which two places I gather though villein tenure doe not alway make the Tenent a