19 Hen. 7. cap. 20. Afforest afforestare To turn Ground into Forest Charta de Foresta cap. 1. Anno 9 Hen. 3. See more in Forest Affray of the Fr. affros i. A fright Signifies a skirmish or fighting between two or more Lamb. in his Eirenarcha lib. 2. cap. 3. saith It is ofttimes confounded with Assault but they differ in this That an Assault is onely a wrong to the party an Affray is a common wrong And therefore both are enquirable and punishable in a Leet An Affray may also be without word or blow given As if a Man shew himself furnished with Armor or Weapons not usually worn it may strike a fear into others unarmed And so it is used An. 2 Edw. 3. cap. 3. Affri vel Affra Bullocks or Plough-Beasts Vicecomes liberet ei omnia catalla debitoris exceptis bobus Affris carucae Westm 2. cap. 18. And in Northumberland to this day they call a dull or slow Horse a False aver or Afâ—r Spelm. From whence also may come the word Heyfer for a young Cow Age aetas Fr. aage Signifies that part of Mans life which is from his birth to this or his last day But in Law it is particulary used for those especial times which enable Men or Women to do that which before for want of Age and consequently of Judgment they might not do These in a Man are two at Fourteen years he is at the Age of Discretion Twenty one years is his full Age. Littleton lib. 2. cap. 4. In a Woman there were six Ages observed First at Seven years of Age her Father might of old Distrain the Tenants of his Mannor for Aid to marry her For at those years she may consent to Matrimony Bracton lib. 2. cap. 36. numb 3. Secondly At nine years old she is Dowable for then or within half a year after she is able Promereri dotem virum sustinere Fleta lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years Thirdly At Twelve years she is able finally to ratifie and confirm her former consent to Matrimony Fourthly At Fourteen she is enabled to receive her Lands into her own hands and should be out of Ward if she were of this Age at her Ancestors death Fifthly At Sixteen years she should be out of Ward though at the death of her Ancestor she was under Fourteen The reason is Because then she might take a Husband able to perform Knights service Sixthly At Twenty one years she is able to alienate her Lands and Tenements Also at the Age of Fourteen a Man is enabled to chuse his own Guardian and to claim his Land holden in Soccage Dyer fol. 162. Which Bracton Lib. 2. limits at Fifteen years with whom Glanvile also agrees And at Fourteen a Man may consent to Marriage as a Woman at Twelve At the Age of Fifteen years a Man ought to be sworn to keep the Peace An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight that had Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage his estate which until that time he cannot do with security of those that deal with him The Age of Twelve years binds to appearance before the Sheriffs and Coroner for enquiry after Robberies Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Order of Religion without consent of Parents Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b. Age Prier aetatem precari or aetatis precatio Is a Petition or Motion made in Court by one in his minority having an Action brought against him for Lands coming to him by descent that the Action may rest till he come to full age which the Court in most Cases ought to grant This is otherwise in the Civil Law which enforceth Children in their minority to answer by their Tutors or Curators Agenhine See Hoghenhine Agent and Patient Is when one is the doer of a thing and the party to whom it is done As where a Woman endows herself of the fairest possession of her Husband Agist from the Fr. giste i. A Bed or Resting-place or from gister i. stabulari Signifies to take in and feed the Cattle of Strangers in the Kings Forest and to gather the Money due for the same Charta de Foresta cap. 9. The Officers that do this are called Agistors in English Guest or Gist-takers Crom. Jurisd fol. 146. These are made by the Kings Letters Patent and he hath four of them in every Forest where he has any Pawnage In what their Office consists see Manwood Part 1. Of Forest Laws p. 336. Their Function is termed Agistment as Agistment upon the Sea Banks Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground at a certain rate per week See 4 Part. Instit fol. 293. Agreement Agreamentum Plowden fol. 17. Is a joyning or putting together of two or more Mindes in any thing done or to be done and this is in three manners 1. An Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths which saith That the Goods bought by Forestallers being thereof attainted shall be forfeit to the King if the Buyer thereof have made Gree with the Seller where the word Gree which is otherwise called Agreement Executed signifies Payment for the things or Satisfaction The second is where one does an Act and another agrees or assents thereunto afterwards The third is when both parties at one time are agreed that such a thing shall be done in time to come which is Executory in regard the thing is to be done afterwards Aid auxilium Is all one in signification with the French aide and differs onely in pronunciation if we take it as it is used in our vulgar language But in our Laws it hath divers particular significations as sometimes it signifies a Subsidy An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Tenants to their Lords as toward the Relief due to the Lord Paramount Glanvile lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants for Knighting his eldest son at the age of fifteen years or marrying his daughter at seven Register of Writs fol. 87. a. And that at what rate themselves listed But the Statute of Westm 1. An. 3 Edw. 1. ordained a Restraint herein upon common persons being Lords and tied them to a constant rate And 25 Edw 3. Stat. 5. cap. 11. Provides that the rate set down by the former Statute should hold in the King
rapio to snatch Range from the Fr. Ranger i. To order array or dispose of Is used in the Forest Laws both as a verb as to range and as a Substantive as to make range Char. de Foresta cap. 6. The Ranger is a sworn Officer of the Forest of which sort there are Twelve Idem cap. 7. whose authority is partly described by his Oath set down by Manwood Par. 1. pag. 50. but more particularly in Par. 2. cap. 20. num 15 16 17. His Office cheifly consists in these three points Ad perambulandum quotidiè per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quam de malefactoribus in Balliva sua ad refugandum feras forestae tam Veneris quam Chaseae de terris deafforestatis in terras afforestatas ad presentandum omnes transgressiones Forestae in terris deafforestatis factas ad proximas Curias illius Forestae tentas This Ranger is made by the Kings Letters Patent and hath a Fee of 20 or 30 l. paid yearly out of the Exchequer and certain Fee-Deer Ransome Redemptio Fr. Rencon Signifies properly the sum paid for redeeming a Captive or Prisoner of War and sometimes a great sum paid for the pardoning some heinous crime Anno 1 Hen. 4. cap. 7. and 11 Hen. 6. cap. 11. When one is to make a Fine and Ransom the Ransom shall be treble to the Fine Cromp. Just of Peace fol. 142. a. And Lamb. Eiren. lib. 4. cap. 16. pag. 556. Horn in his Mirror of Justices makes this difference between Amerciament and Ransom that Ransom is the redemption of a corporal punishment due by Law to any offence Lib. 3. cap. de Amerciament taxable See Coke on Littl. fol. 127. a. Rape Rapus vel Rapa Is a part of a County signifying as much as a Hundred and sometimes Quod plures in se continet Hundredos As all Sussex is divided into six Rapes onely viz. The Rape of Chichester Arundel Brember Lewis Penensey and Hastings every of which besides their Hundreds hath a Castle River and Forest belonging to it Cam. Brit. pag. 225. 229. These parts are in other Counties called Tithings Lathes or Wapentakes Smith de Repub. Angl. lib. 2. cap. 16. Rape Raptus Is when a Man hath carnal knowledge of a Woman by force and against her will But if the Woman conceive it is no Rape for she cannot conceive unless she consent Coke on Littl. lib. 2. cap. 11. sect 190. This offence is Felony in the Principal and his Aiders Anno 13 Rich. 2. stat 2. cap. 1. 11. Hen. 4. cap. 13. 1 Edw. 4. cap. 1. and Westm 2. cap. 13. and shall not be allowed Clergy Anno 18 Eliz. cap. 7. But Fleta says the complaint must be made within forty days else the Woman may not be heard Lib. 3. cap. 5. sect Praeterea And carnal knowledge of a Woman under ten years old is Felony Anno 8 Eliz. cap. 6. Of the diversity of Rapes see Cromptons Justice of Peace fol. 43 44. The offender is called Raptor a Ravisher and in Bractons time he was punished with the loss of his Eyes and Stones Quia calorem stupri induxerunt 3 Inst fol. 60. Rape of the Forest Raptus Forestae Inter delicta numeratur quorum cognitio ad unicum Regem spectat LL. Hen. 1. cap. 10. Violentus concubitus Raptus Forestae Relevationes Baronum suorum c. Trespass committed in the Forest by violence Rapine Rapina To take a thing secretly against the owners will is properly Theft openly or by violence is Rapine Anno 14 Car. 2. cap. 22. and 18 Ejusdem cap. 3. Raptu haeredis Is a Writ lying for the taking away an heir holding in Socage of which there are two sorts one when the heir is married the other when not Of both see Reg. of Writs fol. 163. b. Rase Raseria Toll shall be taken by the Rase and not by the Heap or Cantel Ordinance for Bakers Brewers c. cap. 4. it seems to have been a measure of Corn now disused Debentur ei annuatim decem octo Raseriae avenae sex Raseriae ordei c. Spel. Rate Tythe Is where Sheep or other Cattle are kept in a Parish for less time then a year the owner must pay Tythe for them Pro rata according to the Custom of the place Fitzh Nat. Br. fol. 51. Brook Disms 26. Pro rata dicimus pro proportione vel proportionaliter Lindwood Ratification Ratificatio A ratifying or confirming It is particularly used for the confirmation of a Clerk in a Prebend c. formerly given him by the Bishop c. where the right of Patronage is doubted to be in the King See Reg. os Writs fol. 304. Rationabili parte bonorum Is a Writ that lies for the Wife against the Executors of her Husband denying her the third part of her Husbands goods after Debts and Funeral charges paid Fitzh Nat. Br. fol. 222. who there cites the 18 Chapter of Magna Charta and Glanvile to prove that according to the Common Law of England the goods of the deceased his debts first paid should be divided into three parts whereof his Wife to have one his Children the second and the Executors the third And this Writ lies as well for the Children as for the Wife which appears also by the Reg. of Writs fol. 142. b. Yet it seems to have use onely where the Custom of the Countrey serves for it See the New Book of Entries on this word Rationabilibus divisis Is a Writ that lies where two Lords have their Seigneuries joyning together for him that findes his Waste encroached upon within the memory of Man against the encroacher thereby to rectifie the bounds of their Seigneuries in which respect Fitzherbert calls it in its own nature a Writ of Right The Old Nat. Br. says this may be by Justicies which may be removed by a Pone out of the County to the Common Bench. See Fitz. Nat. Br. fol. 128. Ravishment Raptus Fr. Ravissement i. Direptio raptio Signifies an unlawful taking away either a Woman or an Heir in Ward Sometimes it is also used in one signification with Rape Ravishor Raptor He that deflowres a Woman by violence See the penalty for Ravishing or being Ravished does afterwards consent in the Statute of 6 Rich. 2. cap. 6. See Rape Ray Seems to be a word appropriated to Cloath never coloured or dyed Anno 11 Hen. 4. cap. 6. Worsteds Ray. Anno 17 Rich. 2. cap. 3. Reafforested Is where a Forest hath been disafforested and again made Forest as the Forest of Dean by the Stat. 20 Car. 2. cap. 3. Realty Is an abstract of real and is contradistinguished from Personalty Reasonable Ayd Rationabile auxilium Was a duty which the Lord of the Fee claimed of his Tenants holding by Knights-service or in Soccage to marry his daughter or make his eldest Son a Knight Westm 1. cap. 39. But see the Stat. 12 Car. 2. cap. 24.
offences were sometimes transmuted into pecuniary Fines if the Friends of the party slain were so content LL. Canuti Regis Par. 1. cap. 2. Magna Assisa Eligenda Is a Writ directed to the Sheriff to summon four lawful Knights before the Justices of Assise there upon their Oaths to chuse Twelve Knights of the Vicinage c. to pass upon the Grâ—at Assise between A. Plaintiff and B. Defendant Reg. of Writs fol. 8. 〈◊〉 〈◊〉 〈◊〉 The Great Charter Granted in the Ninth year of Henry the Third and confirmed by Edward the First and other Kings The reason why it was so termed was either for the excellency of the Laws and Liberties therein contained or else because there was another Charter called the Charter of the Forest established with it which was the lesser of the two or because it contained more then many other Charters or more then the Charter of King Henry the First Or in regard of the Wars and great troubles in the obtaining of it or the great and remarkable solemnity in the denouncing Excommunication and direful Anathema's against the infringers of it See Spelmans Gloss on this word at large who calls it Augustissimum Anglicarum libertatum diploma sacra Anchora So Edward Coke says It is Magnum in Parvo and that it hath been above thirty times confirmed On Littl. fol. 81. Mahim Mahemium from the Fr. Mehaigner i. mutilare Signifies a Corporal hurt whereby a Man loseth the use of any Member that is or may be any defence to him in Battel As the Eye the Hand the Foot Scalp of the Head Foretooth or as some say any Finger or Toâ— Glanvil lib. 14. cap. 7. See Brâ—ctâ—n at large lib. 3. tract 2. cap. 24. num 3. The cutting of an Ear or Nose or breaking the hinder Teeth is no Mahim because it is rather a deforming the Body then a diminishing its strength And when the case is difficult to judge whether it be a Mahim or not the â—udges commonly behold the party wounded and sometimes take the opinion of some able Chirurgeon The Canonists call it Membri Mutilationem All agree that it is the loss of a Member or the use thereof See Skene verbo Machanium Maiden â—ents Is a Noble paid by every Tenant in the Mannor of Builth in Com. Radnor at their Marriage and it was anciently given to the Lord for his quitting the Custom of Marcheta whereby some fancy That he was to have the first Nights Lodging with his Tenants Wife But I rather suppose it be a Fine for the Licence to marry a Daughter Sir Edm. Sawyer is now Lord of this Mannor See Marcheta Maignagium from the Fr. Maignen i. Faber ararius A Brasiers-shop Idem Hâ—go tenebat unum Maignagium in forâ—â—jusdem villa c. Lib. Ramâ—s sect 265. See Cotland Though 4 Inst fol. 338. confounds Managium with Mâ—suagium Maile Anciently a kinde of Money Etiam latiuâ— accipitur nec tantum pro denariiâ— plâ—â—ibus sed portione aliqua rei fr 〈…〉 〈◊〉 annoâ—aria â—oc verè in plaga Angliae Borâ—ali Blackmaile dicitur ut pocuniario illo distinguatur Inquis capta post mortem Wil. de Coway Anno 20 Edw. 3. n. 63. Lanâ— Est in â—â—verston quoddam proficuuâ— vocat â—â—â—smales quâ—ddaâ— proficuum apud Plumpton vocat Cowmale Spel. See Blackmaile Mainour Manour or Meinour from the Fr. Manier i. manu tractarâ— Signifies the thing that a Theiâ— takes away or steals As to be taken with the Manour Pl. Cor. fol. 179. Is to be taken with the thing stoln about him Again fol. 194. it was presented that a Theife was delivered to the Viscount together with the Manour And again fo 149. If the Defendant were taken with the Manor and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any Appeal or Inditement Si dicti Servientes seu Balivâ— sui aliquem latronem pro aliquo furto ubicunque fâ—erit facto cum Mannopere infra feodum Dominii sui prâ—dicti ceperint seu attach si ille latro feloniam illam coram quatuor villat voluntarie cognoverit tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉 onem decollare dictus Dux Lanc. tunc â—abebit omnia bona sua c. Plac. apud Cestriam 31 Ed. 3. de Quo War in Maner de Halton In Old Nat. Br. fo 110. it is thus used where a Man makes a thing by Manour or levying or estoping in such case he shall have Assise where it signifies handy-labour and is but an abbreviation of Mainovery Mainpernable Bailable What Prisoners arâ— Mainpernable and what not Anno 3 Edw. 1. ca. 15. See Mainprise Maine-porte Is a small tribute commonly of Loaves of Bread which in some places the Parishioners pay to the Rector of their Church in recompence for certain Tythes See Waxshot Vicaria de Wragby in Com. Linc. consistit in toto Altaragâ—o in Ceragio vulgariter dict Waxshot in panibuâ— vulgariter dict Manport in incremento denariorum Sancti Petri vulgariter dict Fireharth Spelman Mainprise Manucaptio of the Fr. Main i. Manus Prins i. Captus Signifies the taking or receiving a Man into friendly custody who otherwise is or might be committed to Prison upon security given for his forthcoming at a day assigned As to let one to Mainprise Old Nat. Br. fo 42. Is to commit him to those that undertake his appearance at the day appointed And they that thus undertake for any are called Mainpernors because they receive him into their hands Pl. Cor. fo 178. Hence the word Mainpernable that may be thus bailed For in many cases a Man is not Mainpernable whereof see Brook tit Mainprise And Fitz. Nat. Br. fo 249. Manwood in his 1 Par. For. Laws pa. 167. makes a great difference between Bayl and Mainprise For he that is Mainprised is already said to be at large and to go at his own liberty after the day he is set to Mainprise until the day of his appearance But not so where a Man is let to Baylâ— to four or two men by the Lord Iustice in Eyre of the Foreâ—t or any other Judge until a certain day For there he is alwayes accounted by the Law to be in their ward and custody for the time And they may if they will keep him in Prison all that time So that he that is so bailed shall not be said by the Law to be at large or at his own liberty Thus Manwood Mainprise also is an undertaking in a su 〈…〉 certain Bail answers the condeâ—nation in Civil Causes and in Criminals body for body Cottoni postâ—uma When Mainprises may be granted and when not see Cromptons Justice of P. fo 136. and Britton fol. 73. The Author of the Mirror of Iustices sayes that Pledges are those that Ball or redeem any thing but the body of a Man and Mainpernors those that free the body That pledges therefore belong properly
mansionum connexione quod in oppidis potius expetendum esset successivis temporibus villis postea introductum est Spelman Vill and Parish shall be intended all one 2 Part Crokes Rep. Wreys Case fo 263. yet there may be two Vills in one Parish idem fo 120. Storks Case Uillain Villanus Fr. Vilain i. Illiberalis vilis impurus Signifies a Bondman of which there were two sorts in England one termed a Villain in gross who was immediately bound to the person of his Lord and his heirs the other a Villain regardant to a Mannor whom the Civilians term Glebae adscriptitium being bound to their Lord as Members belonging to and annexed to a Mannor whereof the Lord was owner Sir Thomas Smith Repub. Angl. lib. 3. ca. 8. Old Nat. Br. fo 8. Bracton lib. 1. ca. 6. num 4. He was properly a pure Villain of whom the Lord took redemption to marry his Daughter and to make him free and whom the Lord might put out of his Lands and Tenements Goods and Chattels at his will and beat and chastise but not maim him There are not properly any Villains now though the Law concerning them stands un-repealed We have rarely heard of any Case of Villenage since Crouches Case in Dyer See Preface to Rolls Abridgment Servorum enim Nativorum apud nos sublata est conditio quas ideo possidebant terras vel praedia hodie libere tenent sub antiquae servitutis consuetudinibus Spel. Omnibus Frater Mathaeus Abbas de Halesoweign Conventus ejusdem loci salutem Noveritis nos unanima voluntate concensu fecisse Johannem del Grene de Rug eakur liberum cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis Ita vero quod praefatus Johannes cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis ab omni jugo servitutis liberi maneant imperpetuum In cujus â—ei testimonium huic literae libertatis sigillum nostrum apposuimus Dat. 31 Ed. 3. Ex ipso Autographo penes Johannem Winsord Mil. Uillanis Regis subtructis reducendis Was a Writ that lay for the Soringing back of the Kings Bondmen that had been carryed away by others out of his Mannors whereto they belonged Reg. of Writs fo 87. b. Uillanous Judgment Villanum Judicium Is that which casts the reproach of villany and shame upon him against whom it is given as a Conspirator c. Stamf. Pl. Cor. lib. 3. ca. 12. fo 175. which Lam. in his Eiren. lib. 1. ca. 13. pa. 63. calls villanous punishment and sayes it may well be called villanous because the Judgment in such a case shall be like the ancient Judgment in Attaint as it is said Anno 4 Hen. 5. Fitz. Judgment 220 and in 27 lib. Assis pl. 59. is set down to be that they shall not be of any credit afterward nor lawful for them in person to approach the Kings Court and that their Lands and Goods be seised into the Kings hands their Trees rooted up and their Bodies imprisoned c. And at this day the punishment appointed for Perjury having somewhat more in it then corporal or pecuniary pain strotching to the discrediting the testimony of the Offendor for ever may be partaker of this name This and such like is elsewhere termed vile odibile Judicium See Pillory Uillein fleeces Anno 31 Edw. 3 ca. 8. Are bad fleeces of Wool that are shorn from scabb'd Sheep Uillenage Villenagium Signifies a servile kind of tenure of Lands or Tenements whereby the Tenant was bound to do all such services as the Lord commanded or were fit for a villain to perform ubi sciri non poterit vespere quale servitium fieri debet mane Bracton lib. 2. ca. 8. num 3. The division of Villenage was villain of Blood and of Tenure Tenure in Villenage could make no Freeman villain if it were not continued time out of mind nor free land make villain free Villenage is also divided by Bracton ubi supra into Purum villenagium a quo praestatur servitium incertum indeterminatum as above is said and Villenagium Soccagium which was to carry the Lords Dung into his Fields to plow his ground at certain dayes Sow and Reap his Corn c. and even to empty his Jakes as the Inhabitants of Bickton were bound to do those of Clun Castle in Shropshire which was afterwards turned into a Rent now called Bicton silver and the villanous service excused Placita de Banco a die Pasche in 15 dies 34 Hen. 3. Rot. 20 Berks. WIll Maynard qui tenuit terras in Heurst cognoscit se esse Villanum Abbatis de Abbendon tenere de eo in Villenagio per villanas consuetudines viz. per servitium 18 d. per annum dandi Maritagium Marchetum pro filia sorore sua ad voluntatem ipsius Abbatis faciendo omnes villanas consuetudines Copyholders or Tenants by Copy is but a new name for anciently they were called Tenants in Villenage or of base Tenure Fitz. Nat. Br. fo 28. C. Uinnet Anno 14 Car. 2. ca. 33. A kind of flower or border with which Printers use to garnish printed leaves Uirgata terrae Al. Virga terrae A Yard-land MS. Codex Decem acrae terrae faciunt secundum antiquam consuetudinem unam ferdellam quatuor ferdellae faciunt virgatam See Yardland Uiridario eligendo Is a Writ that lies for the choice of a Verderor in the Forest Reg. of Writs fo 177. Uirilia A mans privy-members the cutting off of which was Felony by the Common-Law according to Bracton lib. 3. fo 144. whether the party consented or not Henricus Hall A. uxor ejus capti detenti in prisona de Evilchester eo quod rectati fuerint quod ipsi absciderunt virilia Johannis Monacbi quem idem Henricus deprehendit cum praedicta A. uxore ejus Rot. Claus 13. Hen. 3. m. 9. Uirga ferrea Sciant quod ego Hamundus Urri dedi Nich. filio Edde pro viii 5. sterlingis quos mihi dedit prae manibus unam placetam terrae meae in vico versus Dustelee quae jacet inter terram meam terram Philippâ— filiâ— Heylin cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium totidem aretro c. Ex libro Cart. Prior. Leominstr This was so many yards according to the Kings Standard in the Exchequer which anciently was of Iron now Brass Uisitation Visitatio Is that Office or Action which is perform'd by the Bishop in every Diocess once in every three years or by the Arch-deacon once a year by visiting the Churches and their Rectors c. Ut populus illorum curae commissus salubriter a pastoribus ordine gubernetur Reform Leg. Eccles fo 124. Ne quid detrimenti capiat Ecclesia sayes another Author Uisitation of Manners Visitatio
or put by the thing in question Bracton lib. 4. Tract 3. ca. 5. has these words Et non permittas quod A capitalis Dominus Feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So does Kitchin use it fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat. 5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudicatus with Authors of other Nations signifies as much as banished or as Deportatus in the ancient Roman-Law as appears by Vincentius de franchis Descis 102. Forjudged the Court Is when an Officer of any Court is banished or expeld the same for some offence or for not appearing to an Action by Bill filed against him and in the later he is not to be admitted to Officiate till he shall appear to the Bill Anno 2 Hen. 4. ca. 8. He shall lose his Office and be forjudged the Court c. Forjudicare interdum est male judicare Spel. Forfang Forefeng A Sax. fore ante fangen prendere est captio obsoniorum quae in foris aut nundinis ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria Antecaptio Et sint quieti de Wardwite de utlewe Forvenge Withfange c. Carta Hen. 1. Hosp Sancti Barth Lond. An. 1133. Forfeiture Forisfactura comes of the French Forfact i. Scelus but signifies with us rather the effect of transgressing a Penal Law then the transgression it self as forfeiture of Escheats Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus Goods confiscated and goods forfcited differ Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner who has committed some offence whereby he loseth his Goods Confiscate are those that are disavowed by an Offender as not his own nor claimed by any other But Forfeiture is rather more general and Confiscation particular to such as forfeit onely to the Princes Exchequer Full forfeiture plena forisfactura otherwise called plenawita Is a forfeiture of life and member and all else that a man hath Manwood Part. 1. pa. 341. Forfeiture of Marriage Foris factura Maritagii Is a Writ which lay against him who holding by Knights-service and being under age and unmarried refused her whom the Lord offer'd him without his disparagement and married another Fitz. Nat. Br. fol. 141. Reg. of Writs fol. 163. b. Forfeng forefeng Forbenge Quietantiam prioris prisae designat In hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt Fleta lib. 1. ca. 47. See Forfang Forger of false Deeds from the French Forger i. To beat on an Anvil or bring into shape Signifies either him that fraudulently makes and publishes false Writings to the prejudice of any mans right or else the Writ that lies against him who commits this offence Fitz. Nat. Br. fol. 96. b. sayes That a Writ of Deceit lies against him who commits this offence and the penalty of it is declared in the Stat. 5 Eliz. ca. 14. Forlandum Et de duobus Forlandis xvi denarios sc de Forlando Johannis Wauker quod jacet ante terram Ecclesiae viii denarios Mon. Angl. 2 Part. fo 332. Formdon Breve de forma donationis Is a Writ that lies for him who has right to any Lands or Tenements by vertue of any Intail growing from the Stat. of Westm 2. ca. 1. There are three kinds of it viz. Forma Donationis or Formdon in the Descender Formdon in the Reverter and Formdon in the Remainder Formdon in the Descender lies for the recovery of Lands c. given to one and the heirs of his body or to a Man and his Wife and the heirs of their two bodies or to a Man and his Wife being Cosin to the Donor in Frank-Marriage and afterwards alienated by the Donee For after his decease his heir shall have this Writ against the Tenant or Alienee Fitz. Nat. Br. fo 211 217. and 214. makes three sorts of this Formdon in the Descender The first is in the manner now express'd The second for the heir of a Co-parcener that aliens and dies The third he calls Insimul tenuit which lies for a Co-parcner or heir in Gavelkind before partition against him to whom the other Co-parcner or heir has alienated and is dead Formdon in the Reverter lies for the Donor or his heirs where Land is entailed to certain persons and their Issue with condition for want of such issue to revert to the Donor and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Formdon in the Remainder lies where a Man gives Lands in Tayle the Remainder to another in Tayle and afterwards the former Tenant in Tayl dies without issue of his body and a stranger abates then he in Remainder shall have this Writ Reg. of Writs fol. 238. 242. Of this see also the New Book of Entries verbo Formdon and Coke on Litt. fol. 326. b. Fornagium Fr. Fournage Et Dominus Rex proinde amittit per an de exitibus Fornagii sui x. libras Pl. coram Rege ejus Concil in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Tenants bound to Bake in his common Oven as is usual in the North of England or for a permission to use their own also Chimney-Money or Harth-silver See Furnage Fornication Fornicatio Anno 1 Hen. 7. ca. 4. Whoredom the Act of Incontinency in single persons for if either party be Married it is Adultery The first offence herein was punish'd with three Moneths Imprisonment the second was made Felony by a Rump-Act Scobels Collection Anno 1650 ca. 10. SUffex Praeceptum est Vic. quod venire faciat Juratores qui in Assisa Nov. Disseisinae dubium fecerunt Sacramentum tangen quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae non dixerint esse haeredem Et in eo quod dixerint quod Matilda quae fuit mater Agnetae fuit uxor dicti Simonis non dixerunt utrum Patria habebat eam ut uxorem ejus Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Matildam ut uxorem suam dicunt quod nunquam dictam Matildam matrem dictae Agnetae desponsavit Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda per quod compellebatur unum de tribus facere uxorem vel ipsam affidare vel vitam suam amittere vel ipsam Matildam retro osculare ita quod ipse Simon ibidem dedit fidem suam praedictae Matildae matri praedictae Agnetae quod ipsam desponsare debuit sed ipsam nunquam alio modo desponsavit c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit seisin de 1 Messuag c. in
us and Wales or between us and Scotland Anno 24 Hen. 8. cap. 9. Which last are divided into West and Middle Marches Anno 4 Hen. 5. cap. 7. and 22 Edw. 4. cap. 8. The word is used in the Statute 24 Hen. 8. cap. 12. generally for the Precincts of the Kings Dominions and may be derived from the Sax. Meane i. Signum nota Character Marchers Were the Noblemen that lived on the Marches of Wales or Scotland who in times past according to Camden had their private Laws like Petty Kings which are now abolished by the Statute 27 Hen. 8. cap. 26. Of these Marchers you may read Anno 2 Hen. 4. cap. 18. 26 Hen. 8. cap. 6. and 1 Edw. 6. cap. 10. where they are called Lord Marchers See also 1 2 Ph. Ma. cap. 15. Marchet Marchetum Consuetudo pecuniaria in Mancipiorum filiabus maritandis Bract. lib. 2. tit 1. cap. 8. num 2. Merchetum vero pro filia dare non competit libero homini Extenta Manerii de Wivenho 18 Dec. 40 Edw. 3. alia 13 Edw. 3. Anno Dom. 1230. Rich. Burr tenet unum Mesuagium Et debet Tallagium Sectam Curiae Merchet hoc modo quod si maritare voluerit filiam suam cum quodam libero homine extra villam faciet pacem Domini pro maritagio si eam maritaverit alicui Custumario Villae nil dabit pro maritagio This Custom is in divers parts of England and Wales as also in Scotland and the Isle of Gernsey See Spelman at large on it Sir Edward Coke on Littl. fol. 140. says it is called Marchet as it were a Chete or Fine for Marriage By the Custom of the Mannor of Denever in the County of Carmarthen whereof Sir Edw. Rice is Lord every Tenant at the marriage of his Daughter pays x s. to the Lord which in the British Language is called Gwabr Merched i. A Maids Fee See Meiden Rents and Gwabr-merched Mareshal Marescallus from the Germ. Marschalk i. Equitum Magister With us there are divers Officers of this name the cheif is the Earl Marshal of England mentioned Anno 1 Hen. 4. cap. 7. and in divers other Statutes his Office consists especially in matters of War and Arms as well with us as in other Countreys as you may read in Lupanus de Magistratibus Franciae lib. 1. cap. Marcshallus The next is the Marshal of the Kings House whose special authority is according to Britton in the Kings place to hear and determine all Pleas of the Crown and Sutes between those of the Kings House and others within the Verge and to punish faults committed within the Verge c. Cromp. Jurisd fol. 102. Anno 18 Edw. 3. stat 2. cap. 7. and other Statutes See more of this Office in Fleta lib. 2. cap. 4. There are other Inferior Officers of this name as Marshal of the Justices in Eyr Anno 3 Edw. 1. cap. 19. Marshal of the Kings Bench Anno 5 Edw. 3. cap. 8. Who hath the custody of the Prison called the Kings Bench in Southwark I finde also in Fleta lib. 2. cap. 15. mention of a Marshal of the Kings Hall There is also a Marshal of the Exchequer Anno 51 Hen. 3. stat 5. to whom the Court commits the custody of the Kings Debtors for securing the Debts He also assigns Sheriffs Customers and Collectors their Auditors before whom they shall account Marshalsée Maresealtia Is the Court or Seat of the Marshal also used for the Prison in Southwark so called the reason whereof may be because the Marshal of the Kings House was wont perhaps to sit there in Judgment or keep His Prison See the Stat. 9 Rich. 2. cap. 5. And 2 Hen. 4. cap. 23. Mariage Maritagium Signifies not onely the lawful joyning of Man and Wife but also the interest of bestowing a Ward or a Widow in marriage Mag. Char. cap. 6. And it signifies Land given in marriage Bracton lib. 2. cap. 34. 39. See also Skene on the word Maritagium which according to Glanvil lib. 7. cap. 1. Is that portion which the Husband receives with his Wife See Dower Maritagio amisso per defaultam Is a Writ for the Tenant in Frank-marriage to recover Lands c. whereof he is deforced by another Reg. fol. 171. Maritagio forisfacto See Ferisfactura Maritagii Mark Merca from the Sax. Mearc i. Signum In ancient time I finde a Mark of Gold was eight ounces Stows Annals pag. 32. A Mark of Silver is now well known to be 13 s 4 d. Char. Reg. Joh. de dote B. Reginae quondam ux R. Ricardi Paten 3. Joh. m. 17. n. 31. Assignavimus ei pro dote sua mille marcas argenti annuatim 13 s 4 d. computatis pro Marca Marketzeld Rectiâ—s Marketgeld Et valent per an le Streteward le Marketzeld xviii s ob in omni terra pertinente ad Honorem de Haulton Ex Cod. M. S. in Bibl. Cottoniana It signifies Toll of the Market The word Zold importing a payment I finde it elswhere written Markethgald Plac. apud Cestriam 31 Edw. 3. Mark-peny Was one peny paid at Maldon by those who had Pipes or Gutters laid or made out of their Houses into the Streets Hill 15 Edw. 1. Mr. Philips of Purveyance Market Marcatus Comes from the Fr. Marche i. Emporium forum nundinarum and signifies the same thing with us as also the Liberty or Priviledge whereby a Town is enabled to keep a Market Old Nat. Br. fol. 149. So Bracton uses it Lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he shews that one Market ought to be distant from another Sex leucas dimidiam tertiam partem dimidiae By Stat. 27 Hen. 6. cap. 5. no Fair nor Market is to be kept upon any Sunday nor upon the Feasts of the Ascension of our Lord Corpus Christi the Assumption of our Blessed Lady All Saints nor Good Friday except for necessary victual and in the time of Harvest Marle Marla Is a kinde of Earth or Mineral which Men in divers parts of this Realm cast upon their Land to make it more fertile It is otherwise called Malin Anno 17 Edw. 4. cap. 4. Marlerium or Marletum A Marlepit Sciant quod ego Rogerus la Zouche dedi Henrico de Hugefort haeredibus suis c. Et quod habeant omnem libertatem liberam communiam in boscis in planis in viis in semitis in aquis in molendinis in bruariis in turbariis in quarrer in piscar in Marleriis in omnibus aliis locis aisiamentis ad praedictum Manerium de Tonge spectan Et quod capiant Marlam pro voluntate sua ad terram suam marlend Reddendo inde annuatim mihi haeredibus meis unum capellum Rosarum die Nativitatis S. Jo. Baptistae si in villa de Tonge fuerimus si non ponatur super imaginem Beatae Mariae in Ecclesia de Tonge pro omnibus servitiis Sine dat penes
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. 〈◊〉 Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
Book so called because it was of old kept at Winchester among other Records and Monuments of the Kingdom See Domesday Some say there was a more ancient Record or Book of like nature with Domesday but made long before by King Alfred called Rotulus Wintonia Rouge Cross See Herald Roundlet See Runlet Rout Fr. Route i. A company or number Which signifies an Assembly of three persons or more going forcibly to commit an unlawful act though they do it not and is the same which the Germans yet call Rot meaning a Band or great company of Men gathered together and going to execute or are executing indeed any Riot or unlawful act See the Stat. 18. Edw. 3. stat 1. and 2 Rich. 2. cap. 6. It is a Rout whether they put their purpose in execution or no if they go ride or move forward after their meeting Brook tit Riot 4. 5. So as a Rout seems to be a special kinde of unlawful Assembly and a Riot the disorderly fact committed generally by any unlawful Assembly Howbeit two things are common both to Rout Riot and Unlawful Assembly The one that three persons at the least be gathered together the other that they being together do disturb the Peace either by words shew of arms turbulent gesture or actual violence c. See Lamb. Eiren. lib. 2. cap. 5. See Riot and Unlawful Assembly Royal Assent Regius Assensus Is that Assent or Approbation which the King gives to a thing formerly done by others as to the election of a Bishop by Dean and Chapter which given then he sends a Special Writ to some person for the taking of Fealty The form whereof you may see in Fitz. Nat. Br. fol. 170. C. And to a Bill passed in both Houses of Parliament Cromp. Jur. fol. 8. Which Assent in Parliament being once given the Bill is Endorsed with these words Le Roy Veult i. It pleaseth the King If he refuse to agree to it then thus Le Roy Averisa i. The King will Advise upon it Royalties Regalia vel Regalitates Are the Rights of the King otherwise called the Kings Prerogative some of which are such as the King may grant to common persons some so high as may not be separated from his Crown Privative as the Civilians term it though some may be Cumulative Vide Bracton lib. 2. cap. 5. And Mathaeum de Afflictis upon the title of the Feuds Quae sint Regalia where are set down Twenty five particulars or several sorts of Royalties See Prerogative and Regalia Rudge-washed Kersey Is that which is made of Fleece-wool washed onely on the Sheeps back Anno 35 Eliz. cap. 10. Runcinus from the Ital. Runzino Is used in Domesday for a Load-horse or Sumpter-horse and sometimes a Cart-horse which Chaucer calls a Rowney Rune from the Sax. Rununge i. A Course or Running A Water-course so called in the Marshes of Sommersetshire Hist of Imbanking and Draining fol. 106. a. Runlet alias Roundlet Is a certain Measure of Wine Oyl c. containing Eighteen Gallons and a half Anno 1 Rich. 3. cap. 13. Rural Deanes Decani Rurales Sunt Decani Temporales ad aliquod ministerium sub Episcopo vel Archiepiscopo exercendum constituti qui nec habent Institutionem Canonicam secundum Doctores Hos eosdem esse existimo qui in LL. Edouardi Confess cap. 31. Decani Episcoporum appellantur See Dean Each Diocess hath in it one or more Arch-Deaconries for dispatch of Ecclesiastical business and every Arch-Deaconry subdivided into Rural Deanries fewer or more according to the bigness and extent thereof Heylins Cosmog fol. 304. These were anciently called Archi-Presbyteri Decani Christianitatis See Dean Rusca When the King himself says Domesday tit Cestre came in person to Chester every Carrucata yielded him two hundred Hesta's and one Tun of Ale and one Rusca of Butter Quaere What the quantity was Rusca apum is a Hive of Bees S. SAbbatum in Domesday is used for Peace Postquam Willielmus Rex advenit sedebat in Sabbato Willielmus Mallet fecit suum Castellum de Eia c. Tit. Sudsex Sac Saca vel Sacha Is a Royalty or Priviledge which a Lord of a Mannor claims to have in his Court of holding Plea in Causes of Debate arising among his Tenants and Vassals and of imposing and levying Fines and Amerciaments touching the same But Rastal and some others define Sac to be the forfeiture it self In the Laws of King Edward set forth by Lambert fol. 144. it is written Sacha Sacha autem est si quilibet aliquem nominatim de aliquo calumniatus fuerit ille negaverit forisfactura probationis vel negationis si evenerit sua erit Which may be called the Amerciament paid by him who denies that which is proved against him to be true or affirms that which is not true Fleta says Sake significat acquietantiam de secta ad Comitatum Hundredum lib. 1. cap. 47. Sac is a Saxon word and signifies Causa lis certamen as we still say For Christs sake 1. Pro causa Christi See Keilweys Rep. fol. 145. Praecipio ut S. Benedictus de Ramefia ita bene libere habeat Socam Sacam suam c. Breve Hen. 2. Justiciariis de Norfolc V. Saka Sacaburth alias Sacabere Is he that is robbed or by theft deprived of his Money or Goods Britton cap. 15. 29. With whom agrees Bracton lib. 3. tract 2. cap. 32. num 2. Furtum vero manifestum est ubi latro deprehensus sit seisitus de aliquo latrocinio sc Hondhabend Backberend insecutus fuerit per aliquem cujus res illa fuerit qui dicitur Sacaburth c. It may come from â—ac or â—aca i. lis causa prosecutio and burh pignus quia res furtiva sit quasi causa pignus hoc est furti Symbolum Spelman But Sir Edward Coke says Sacabere or Sakebere is derived of Sak and Bere that is He that did bear the bag 3 Inst fol. 69. Saccus cum brochia Was a Service or Tenure of finding a Sack and a Broach to the King for the use of his Army Bracton lib. 2. cap. 16. num 6. and lib. 2. tract 1. cap. 6. See Brochia Sacerborgh or rather Sickerborgh Securus Plegius A sufficient Pledge or Cautioner Skene See Sacaburth Sack of Wool Saccus Lanae Contains Twenty six Stone and a Stone Fourteen pounds Anno 14 Edw. 3. stat 1. cap. 2. See Sarplar In Scotland it is Twenty four Stone and the Stone Sixteen Pound Sacrafield Rents Are certain small Rents paid by some Tenants of the Mannor of Chuton in Com. Somerset to Sir Charles Waldegrave Lord thereof but why so called Quaere Sacramento Recipiendo quod vidua Regis se non maritabit sine licentia Regis Was a Writ or Commission to one for the taking an Oath of the Kings Widow that she shall not marry without the Kings Licence Reg. of Writs fol. 298. a. Sacrobarra Lib. MS. de Officio