Ancestors repossed great reverence for the nearness of that solemn Feast so that all Suits in Law were then remitted for a season wherefore there was a Statute ordained Westm 1. cap. 48. that not withstanding the said Solemnity it might be lawful in respect of Iustice and Charity to take Assies of Novel disseisin and Darreigne Presentment in the times of Advent Septuagesima and Lent This is one of the times from the beginning of which until the Octaves of Epiphany the solemnizing of Marriages is prohibited to be Solemnized without special Licence according to the Verses Advent all Marriage forbids Hilarys Feast to Nuptials tends And Septuagint no Wedding rids Yet Easters Octaves that amends Rogation hinders hasty Loves But Trinity that lett removes But the Bishop may dispense with a Marriage within these times and it is good Advowson ADvowson is where a man and his heirs have a right to present their Clerk to a Personage or other spiritual Benefice when it becomes void And he which hath such right to present is called Patron In gross is when one is seised of it only by it self And there is an Advowson appendant to a Mannor or to a Rectory and this may be sold by it self and then it is in gross and is severed from the Mannor and Rectory Affeerors AFfeerors are such as be appointed in Court-leets c. to mulct those who have committed any fault which is arbitrably punishable and for which no express penalty is prescribed by Statute You may see the form of their Oath in Kitchin fol. 46. If the Iurors in the Leet receive the Articles and being commanded to answer to them and present they refuse so to do then they shall be amerced yet the Amerciament of every Iuror shall be affeered according to his offence So in Assise of Novel disseisin all the Disseisors shall be amerced and every one shall be affeered by himself But if a Town be amerced there the Afferance shall be general for there is not any certain person named as in the cases aforesaid And if a Iury in a Leet tax an Amerciament this suffices without any Affeerment for the Amerciament is the act of the Court and the Affeerment is the act of the Iury. Coke lib. 8. fol. 39 40. b. Affiance AFfiance is the plighting of troth betwixt a man and a woman upon an agreement of a Marriage to be had between them and affidare from whence this word is derived is as much as fidem ad alium dare And this word Affiance is used by Littleton Chap. Dower Sect. 39. Afforest AFforest is to turn ground into Forest Charta de Foreseta cap. 1. 30. Anno 9 Hen. 3. Affray AFfray comes of the French word effrayer which signifies to affright or scare therefore an Affray may be without word or blow given and so this word is used in the Statute of North. 2. E. 3. cap. 3. But it is in our Books many times confounded with the word Assault as it appears by Lambert in his Eirenarch lib. 1. cap. 17. Yet as it is there said they differ in this that an Assault is but a wrong to the party but an Affray is a wrong to the Common-wealth and therefore an Affray is inquirable and punishable in a Leet Also an Assault is made most commonly but on one side but an Affray is the fighting of many together Age prier AGE prier is when an Action is brought against an Infant for Land which he hath by descent there he shall shew the matter to the Court and shall pray that the action may stay till his full age of 21 years and so by award of the Court the Suit shall surcease But in a Writ of Dower and in Assise and also in such actions where the Infant is supposed to come to the Land demanded by his own wrong he shall not have his age And note well that there are many diversities of ages For the Lord shall have aide of his Tenant in Socage to marry his daughter when the daughter is of the age of 7 years and aid to make his son and Heir a Knight when he is of the age of 7 years A woman who is married at the age of 9 years if her husband die seised shall have dower and not before And 14 years is the age of a Woman who shall not be in ward if she were of such age at the time of the death of her Ancestor but if she were within the age of 14 years and in ward of the Lord then she shall be in ward till the age of 16 years And 21 years is the age of the Heir male to be in ward and after that out of ward Also that is the age of male and female to sue and to be sued for Lands which they have or claim by descent and to make all manner of Contracts and Bargains and not before but if such an infant within the age of 21 years give his goods and the Donee take them the infant may have an Action of Trespass but otherwise it is if he deliver them himself See Coke lib. 3. fol 13. a. l. 6. f. 3. Agent Patient AGent Patient is when a man is the doer of a thing and the party to whom it is done as where a Woman endows her self of the fairest possession of her husband So if a man hath ten pounds issuing out of certain land and he disseises the Tenant of the Land in an Assise brought by the Disseisee the Disseisor shall recoup the Rent in the damages so that where the mean profits of the land in such case were to the value of 13 l. the Disseisee shall recover but three pounds Also if a man be indebted to another and after makes the party to whom he is so indebted his Executor and dies the Executor may retain so much of the goods of the dead in his hands as his own Debt amounts to and by this Retainer he is the Agent and the Patient that is the party to whom the Debt is due and the party that pays the same But a man shall not be judge in his own case as is resolved Coke lib. 8. fol. 118. in Bonham's Case That the Censors cannot be Iudges Ministers and Parties Iudges to give sentence or judgment Ministers to make summons and Parties to have the half of the forfeiture And although an Act of Parliament yields to any one to hold or to have conusance of all manner of Pleas arising before him within his Mannor of D. yet he shall hold no Plea to which he himself is party Quia iniquum est aliquem suae rei esse judicem Agist AGist seems to come of the French Giser i jacere or of Gister i. stabulari a word proper to Deer and therefore Budaeus lib. poster Philologiae says that Gist idem est quod Lustrum vel Cubile And Agist in our Common Law signifies to take in and feed the Cattel of a stranger in the Kings Forests and
therefore those Officers in the Forest that thus take in Cattel and gather the money for the Feed of them are called Agistors and the feed or herbage of the Cattel is called Agistment which in a large signification extends to all manner of Common of Herbage of any kind of ground or land or woods or the money that is due or received for the same as well out of Forests as within them See Manwood's Forest Laws c. 11. fol. 80. Agreement AGreement is thus defined or expounded in Plowdens's Commentaries Aggreamentum is compounded of two words namely Aggregatio and Mentium that is Agreement of minds So that Agreement is a consent of minds in some things done or to be done and by drawing together the two words Aggregatio and Mentium and by the hasty and short pronouncing of them they are made one word to wit Aggreamentum which is no other than a joyning coupling and knitting together of two or more minds in any thing done or to be done See after in Testament And this Agreement is in three manners The first is an Agreement executed already at the beginning The second is an Agreement after an act done by another and is an Agreement executed also The third is an Agreement executory or to be done in time yet to come The first which is an Agreement executed already at the beginning is such whereof mention is made in the Stat. of 25 E. 3. c 3. of Clothes in the 4 th Sat. which saith That the goods and things bought by forestallers being thereof attainted shall be forfeit to the King if the buyer have made gree with the seller In which case the word gree which is otherwise called Agreement shall be extended to Agreement executed that is payment for the things The second manner of Agreement is where one doth a thing or act and another agrees or assents thereunto afterwards as if one make a Disseisin to my use afterwards I agree to it now I shall be a Disseisor from the beginning And such Agreement is an Agreement after an act done The third agreement is when both parties at one time are agreed that such a thing shall be done in time to come and this agreement is executory in as much as the thing shall be done after and yet there their minds agreed at one time But because the performance shall be afterward and the thing upon which the Agreement was made remains to be done that Agreement shall be called Executory And that the Stat. of 26 H. 8. c. 3. doth prove which saith That every Vicar Parson and such liks c. before their actual possession or medling with the profits of their Benefices shall satisfie content c. or agree to pay the King the First-fruits c. if any such Parson or Vicar c. enter in actual possession c. this Agreement is to be understood executory as common usage proves for it is used that he with one or two with him do make two or three Obligations for it is to be paid at certain days after And this Agreement executory is divideded into two points One is an Agreement executory which is certain at the beginning as is said last before of the First-fruits The other is when the certainty doth not appear at the first and the parties are agreed that the thing shall be performed or payed upon the certainty known as if one sell to another all his Wheat in such a bay of his Barn unthres ed and it is agreed between them that he shall pay for every bushel 3s when it is threshed clean and measured Aid AID is when a Tenant for term of Life Tenant in dower Tenant by courtesie or Tenant in Tail after possibility of issue extinct is impleaded then for that they have no estate but for term of life they shall pray in aid of them in the Reversion and process shall be made by Writ against him to come and plead with the tenant in the defence of the land if he will But it behoves that they agree in the Plea for if they vary the plea of the Tenant shall be taken and then the aid-prayer is void but if he come not at the second Writ then the tenant shall answer sole Also Tenant for years Tenant at will Tenant by Elegit and Tenant by Statute-Merchant shall have aid of him in the Reversion and the Servant and Bailiff of their Master when they have done any thing lawfully in the right of their Master shall have aid This word is sometimes applied to Subsidies as in 14 E. 3. Stat. 2. cap. 1. Other times to a Prestation due from the Tenants to their Lords as for relief due to the Lord paramount or for the making of his Son a Knight or for marrying of his Daughter Glan lib. 9. c. 8. This aid the K. or other Lord by the ancient Law of England may lay upon their Tenants to make his son Knight at the age of 15 years and to marry his daughter at the age of 7 years Regist orig fol. 87. a. and that at what rate they please But the Stat. of West 1. made An. 3. Ed. 1. ordained a restraint for any great or large demand made by common persons being Lords in this case and hath tied them to a certain rate and the Stat. of 25 Ed. 3. Stat. 5. c. 11. provides that the rate which is appointed by the former Stat. shall be held in the King as well as in other Lords Aid of the King AID of the King is in like case as it is said before of a common person also in many other cases where the King may have loss although the Tenant be Tenant in fee-simple he shall have aid as if a Rent be demanded against the Kings Tenant who holds in chief he shall have aid so he shall nor of a common person And where a City or Borough hath a Fee-farm of the King and any thing is demanded against them which belongs to the Fee-farm they shall have aid for it of the King Also a man shall have aid of the King in the stead of Voucher And the Kings Baliff the Collector and the Purveyor shall have aid of the King as well as the Officers of other persons Aile AILE is a Writ which lies where Land descends from the grandfather to his nephews sc the son or daughter of the son of the grandfather the father being dead before the entry by him and one abates the heir shall have against the Abator this Writ Aler sans jour ALer sans jour is word for word to go without day that is to be dismist the Court because there is no day of farther Appearance assigned Ale-Taster ALe-taster is an Officer appointed and sworn in every Leet to look that the due Assise be kept of all the Bread Ale and Beer sold within the Iurisdiction of the Leet Alien ALien is a Subject born out of the liegeance of our King and he cannot
between his Neighbours See more of this Co. lib. 8. fol. 36 37. Barter BArter seems to come of the French word Barater which signifies to circumvent and this word is used with us for the Exchange of Wares for Wares and it is mentioned in the Statutes of 1 R. 3. cap. 9. 13 Eliz. cap. 7. Base fee. TO hold in Fee Base is to hold at the will of the Lord. And a Base Fee is also where any hath an Estate in Land so long as another shall have Heirs of his body of which Estate see Plow in Walsingham's Case fol. 557. a. Bastard BAstard is he that is born of any woman not married so that his Father is not known by order of Law and therefore is reputed the Child of the People When special Bastardy is alledged it shall be tried by the Country and not by the Bishop But generally Bastardy alledged shall be tried by Certificate of the Bishop And if a Woman be great with child by her husband who dies and she takes another husband and after the Child is born this child shall be esteemed the child of the first husband But if she were privily with child at the time of the death of her first husband then it shall be reputed the Child of the second Husband But enquire farther and see the opinion of Thorp 21 E. 3. 39. Also if a man take a Wife who is great with child by another who was not her husband and after the child is born within the Espousals then it shall be deemed the child of the Husband though it were born but one day after the Espousals solemnized Baston BAston is a French word and signifies a Staff but in our Satutes it is taken for one of the Warden of the Fleet 's men that attends the King's Courts with a painted Staff for the taking of such to ward as are committed by the Court and for the attending upon such prisoners as go at large by Licence And so it is used in the Statutes 1 R. 2. ca. 12. 5 Eliz. cap. 23. Battail BAttail is an ancient Trial in our Law which the Defendant in Appeal of Murther Robbery or Felony may chuse that is to sight with the Appellant for proof whether he be culpable of the Felony or not which Combat if it fall out so well on the part of the Defendant that he doth vanquish the Appellant he shall go quit and barr him of his Appeal for ever But if one be indicted of Felony and an Appeal is brought upon the same Indictment there the Defendant shall not wage Battail Battail also may be in a Writ of Right as in Paramour's Case Dyer 301. pla 41 42. where the Champions chosen and the Battail awarded and the Champions were by Sureties and Oath to perform the Battel at Totchil in Westminster but by default of appearance in the Demandant nothing was done therein Batterie BAtterie is an Act that tends to the breach of the peace of the Realm as when a man assaults and beats another this is against the Law and peace of the Realm which ordeins That no man shall be his own Iudge or Revenger of his own private wrong but shall leave this to the censure of the Law which is always ready to hear and redress the rightfull and just complaints of every man wherefore he that is so beaten may either indict the other party who upon it shall be fined to the King or have his Action of Trespass of assault and Battery against him for every Battery implies an assault and recover so much in costs and damages as the Iury will give him by their Verdict and the Defendant shall upon the Indictment be fined to the King and the Action of Trespass will lie as well before as after the Indiment But if the Plaintiff in such action makes the first assault then the Defendant shall go quit and the Plaintiff shall be amerced to the King for his false Suit And it is to be observed that the Record of the Conviction of the party by Indictment may serve for Evidence in the action of Trespass brought upon the same assault battery But notwithstanding that the party shall have a twofold punishment for such offence that is shall be punished to the King and to the party yet some there are who in respect of their natural and others who in respect of their civil power and authrority over others in a reasonable and moderate manner may chastise correct and beat them as the Parents their child the Master his Servant or Apprentice the Goaler or his Servant the unruly Prisoners the Officer him that is arrested and will not otherwise obey Also a man may justifie the beating another in defence of his own person or of the person of his Wife Father Mother or Master And a man may justifie the beating of another in defence of his goods and in maintenance of Iustice But it is to be noted That in these cases if a man be not urged and constrained by a necessary cause he cannot justifie the deed Beacons and Sea-marks ARE Fires maintained on the coasts of the Seas to prevent Shipwracks and Invasions Co. 4. Inst 148. ordered by the Kings Commissioners Bedell BEdell is derived from the French word Bedeau which significes a messenger or an Apparitor of a Court that cites men to the Court to appear and answer And Manw. c. 23. f. 221. a. says That a Bedell of a Forest is an Officer that goes through all the Forest like a Sheriffs special Bailiff Is also a Collector of Rents for the King Plo. Com. 199 200. Benefice BEnefice Beneficium is generally taken for any Ecclesiastical Living be it Dignity or other as An. 13 R. 2. Stat. 2. c. 2. where Benefices are divided into elective and of gift Besaile BEsaile is a Writ that lies for the Heir where his Great-grand-father was seised the day that he died or died seised of land in Fee-simple and a Stranger enters the day of the death of the Great-grand-father or abates after his death the Heir shall have his Writ against such a Disseisor or Abator of which see Fitzh N. B. 221. d. Bewpleader BEwpleader is a Writ upon the Statute of Marlebridge and lies where the Sheriff or other Bailiff in his Court will take a Fine of the party Plaintiff or Defendant to the end that he shall not plead fairly c. And the Writ shall be directed to the Sheriff himself or to the Bailiff or him that will demand this Fine it is as a Prohibition to him commanding him that he shall not demand such a Fine and may be sued by all the Hundred or by all the County as it seems where he will demand such manner of Fine of them Fitzh N. B. 270. a. Bigamie BIgamie was a Counterplea objected when the Prisoner demanded the Benefit of the Clergie to wit his Book as namely that he who demands the priviledge of the Clergie was married to such a
Iury he shall be disgraded for it which is nothing else but the Deprivation of him from those Orders he hath taken upon him as Priesthood Deaconship or otherwise Stamf. Pl. Cor. fol. 130 138. In like manner there is Disgrading of a Knight as is aforesaid See Stow Annal. pag. 685. And it is worthy the observation that by the Canon Law there are two kinds of Disgradings the one summary by word only and the other solemn by Devesting the party disgraded from those Ornaments and Rites which are the Ensigns of his Order or Degree See 4 E. 4. 19 20. Tithes TIthes are the Tenth parts of any thing but properly of those things that increase which for the most part belong to Ministers of the Church for their maintenance and they are of three sorts to wit Predial Personal and mixt Predial Tithes are Tithes that are paid of things that come of the Ground onely as Corn Hay Fruits of trees and such like Personal Tithes are Tithes paid of such profits as come by the labour and industry of a mans person as by Buying and Seiling gains of Merchandize and of Handy-crafts men Labourers and such as work for hire as Carpenters Masons and such like Mixt Tithes are Tithes of Calves Lambs Pigs and such like that increase partly of the Ground they are fed upon and partly of the keeping industry and diligence of the Owner Disparagement DIsparagement is a Shame Disgrace or Villany done by the Gardian in Chivalrie to his Ward within age in point of his Marriage As when the Gardian marries his Ward within age of fourteen years and within such time as he cannot consent to Marriage to a Bond-woman or to the Daughter of one that dwels in a Borough which is to be understood such whose fathers profess Handicrafts and those baser Arts of buying and selling to get their living or to one that is lame or deformed or hath some horrible Disease as the Leprosie French-Pox Falling-sickness or such like or marries him to a woman that is past Child-bearing and divers such other then upon complaint made by the friends of such Heir the Lord or Gardian shall lose the Wardship and the profits during the Nonage of the Heir for the Disparagement done him See Littl. lib. 2. cap. 4. Disseisin DIsseisin is when a men enters into any Lands or Tenements where his Entry is not lawful and puts him out that hath the Freehold Disseisin upon Disseisin DIsseisin upon Disseisin is when the Disseisor is disseised by another Disseisor and Disseisee DIsseisor is he who puts a man out of his Land without order of Law But the King cannot be said to be a Disseisor and with this is a note in 1 E. 5 f. 8. that it was held the King could not be termed one that did wrong for if one will disseise another to the use of the King where the King hath no right the King cannot be said a Disseisor Disseisee is he that is put out of his Land and if such Disseisee levy a Fine of the Land whereof he is disseised to a stranger the Disseisor shall keep the Land for ever for the Disseisee against his own Fine cannot claim and the Conusee cannot enter for the right which the Disseisee had was extinct by the Fine whereof the Disseisor shall take advantage and so was the opinion Cok. lib 2. fol. 56. Distress DIstress is the thing taken and distrained upon any Land for Rent behind or other duty or for hurt done although the property of the thing belongs to a stranger but if they are Beasts that belong to a stranger it behoves that they were levant and couchant upon the same Ground that is to say that the Beasts have been upon the ground a certain space that they have themselves well rested there or else they are not distrainable for Rent or Service If one distrain for Rent or other thing without lawfull cause then the party grieved shal have a Replevin and upon Surety found to pursue his Action shall have the Distress re-delivered But there are divers things that are not distrainable viz. another mans Gown in the house of a Tailor or Cloth in the house of a Fuller Sheerman or Weaver they being common Artificers and the common presumption is that such things belong not to the Artificers but to other persons who put them there to be wrought Victual is not distrainable nor Corn in sheaves unless they are in a Cart because a Distress ought to be always of such things whereof the Sheriff may make Replevin and deliver again in as good case as they were at the taking A man may distrain for Homage of his Tenant for Fealty and Escuage and other Services and for Fines and Amerciaments which are assessed in a Leet but not in a Court-Baron and for Dammage-feasant that is when he finds the Beasts or goods of any other doing hurt or incumbring his Ground But a man may not distrain for any Rent or thing due for any Land but upon the same Land that is charged therewith And in case where I come to distrain and the other seeing my purpose cases the beasts or bears the th â— ng out to the intent that I shall not take it for a Distresse upon the Ground then I may well pursue and if I take it presently in the High-way or in anothers ground the taking is lawful as well there as upon the Land charged to whomsoever the property of the goods belongs Also for Fines and Amerciaments assessed in a Leet one may always take the goods of him that is so amerced in whose ground soever they be within the Iurisdiction of the Court as it is said Also when one ha â— h taken a Distresse it behoves him to bring it to the common Pound or else he may keep it in an open place so that he give notice to the party that he if the Distress be a quick beast may give it food and then if the beast die for want of food he that was distrained shall be at the loss and the other may distrain again for the same Rent or duty But if he carry the Distresse to an Hold or out of the County that the Sheriff may not make deliverance upon the Replevin then the party upon Return of the Sheriff shall have a Writ of Withernam directed to the Sheriff what he take as many beasts or as much goods of the other into his keeping till deliverance be made of the first Distresse And also if they be in a Fortlet or Castle the Sheriff may take with him the Power of the County and beat down the Castle as appears by the Statute of West 1. c. 17. Therefore see the Statute District DIstrict is sometimes used for the Circuit or Territory within which a man may be compelled to appear Brit. c. 120. and so also is Districtio in the Reg orig fol. 6. v. Distresse in the former signification is divided first into finite and infinite
the View that is that he may see the Land which he claims But if the Tenant hath had a View in one Writ and after the Writ is abated in misnaming the Town or by Ioyntenure and after the Demandant brings another Writ against the Tenant then the Tenant shall not have the View in the second Writ View of Frank pledge VIew of Frank pledge Visus franci plegii is the power to hold a Turn or Leet in which Courts every Free-man in ancient time became bound with Sureties at the age of fourteen years for his Truth to the King and his Subjects and thereupon those Courts were called the View of the free Pledges that is of such Free-men as were Pledges or Sureties one for another See Deciners Vi Laica removenda VI Laica removenda is a Writ that lies where Debate is between two Parsons or Provisors for a Church and one of them enters into the Church with great power of Lay-men and holds the other out with force and arms he that is holden out shall have this Writ directed to the Sheriff that he remove the Power which is within the Church and the Sheriff shall be commanded that if he find any men there withstanding he take with him the Power of his County if need be and arrest the Bodies of all those that resist and put them in Prison so that he have their Bodies before the King at a certain day to answer the Contempt And this Writ is returnable and shall not be granted before the Bishop of the place where such Church is hath certified in the Chancery such Resisting and Force Villain and Villainage TO hold in pure Villainage is to do all that that the Lord will him command The division of Villainage is Villain of Blood and of Tenure And he is a Villain of whom the Lord takes Redemption to marry his Daughter and to make him Free and it is he whom the Lord may put out of his Lands or Tenements at his will and also of all his Goods and Chattels A Sockman is no pure Villain nor does a Villain owe Ward Marriage or Relief nor does he any other Services real Tenure in Villainage shall make no Free-man Villain if it be not continued time out of mind nor shall Villain Land make a Free-man Villain nor Free-land make Villain Free except the Tenant have continued Free beyond the time of memory But a Villain shall make Free-land Villain by Seisin or by Claim of the Lord. If a Villain purchase Land and take a Wife and alien and dies before the Claim of Seisin of the Lord the Wife shall be endowed In case the Lord bring a Praecipe quod reddat against the Alience of his Villain who vouches to warrant the Issue of the Villain which is Villain to the Lord he shall have the Voucher And by protestation the Lord may notwithstanding he plead with his Villain save his Villain from being infranchised A Bastard shall not be judged Villain but by knowledge in Court of Record If Debt be due by a Lord to a Free-man and he makes two Men his Executors who are Villains to the said Lord and dies the Villains shall have an Action of Debt against their Lord. And notwithstanding that he plead with them and if he make Protestation they shall not be thereby infranchised for that they are to recover the Debt to the use of another person that is to say their Testator and not to their own use And if the Tenant in Dower have a Villain who purchases certain Land in Fee and after the Tenant in Dower enters she shall have the Land to her and her heirs for ever And the same Law is of Tenant for term of years of a Villain The Lord may rob beat and chastise his Villain at his will save only that he â— ay not maim him for then he shall have an Appeal of Maihem against him A Villain may have three Actions against his Lord that is to say an Appeal of the death of his Ancestor an Appeal of Rape done to his Wife and an Appeal of Miahem If two Parteners bring a Writ of Niefty and one of them be Nonsuit the Nonsuit of him shall be judged the Nonsuit of both so that if that Nonsuit be after Appearance they shall be barred from that Action for ever for such is the Law in favor of Liberty If two have a Villain in common and one of them makes him a Manumission he shall not be made free against both In a Writ de Nativo habendo it behoves that the Lord shew how the Defendant comes to be privy of the Blood of the Villain of whom he is Lord c. And if he nor any of his Aucestors were seised of any of his Blood he shall not gain by his Action if the Villain have not acknowledged himself in Court of Record to be his Villain In a Writ of Niefty may not be put more Niefs then two and this was first introduc'd in hatred of Bondage But in a Writ de Libertate probanda may be put as many Niefes as the Plaintiff will If the Villain be fled into Ancient Demesne of the King or other Town priviledged within a year and a day the Lord may seise him and if he dwell in the same Town or other place Franchised by a year and a day without seisin of the Lord he hath no power to seise him after if he go not out of the foresaid Franchise Some are Villains by title of Prescription that is to say that all their Blood have been Villains regardants to the Mannor of the Lord from time out of mind And some are made Villains by their Confession in a Court of Record Also the Lord may make a Manumission to his Villain and enfranchise him for ever If a Villain bring any Action against his Lord other then an Appeal of maihem and the Lord without protestation make answer to it by this the Villain is made free Also if a Villain purchase Land and hath Goods and sell the Goods and Lands before any Entry or Seisin made by the Lord the sale is good But the King Lord of a Villain in such case may enter and seise the Land after such sale made For no time runs against the King Note that this Title and Tenure are abolished by the Statute of Car. 2. R. Villanous judgement VIllanous judgment is that which is given upon an Indictment of Conspiracy viz. that the party found guilty shall lose the benefit of the Law shall never more be sworn in Iuries or Assises nor admitted to give any Testimony cise where and if he have to do in the Kings Courts he shall come by Attorney and not in person that his Lands Goods and Chattels shall be seised in the Kings hands and estreaped if he find not the more favor and his Trees digg'd up and his Body imprisoned See 24 E. 3. fol. 34. b. 27 Ass pl. 59. Virgata terrae VIrgata terrae
In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
Forestall FOrestall is to be quit of Amerciaments and Cattels arrested within your Land and the Amerciaments thereof coming Founder FOunder is he that uses the Art of Melting or Dissolving Metals and making any thing thereof by casting in Molds He seems to have his name from the Latine word Fundere and is mentioned in the Statute of 17 R. 2. cap. 1. Fourcher FOurcher is a device used to delay the Plaintiff or Demandant in a Suit against two who thereto are not to answer till they both appear and the Appearance or Essoin of one will excuse the others Default at that day and they agree that the one shall be essoined or appear one day and for lack of the Appearance of the other have day over to appear and the other party shall have the same day and at that day the other will appear or be essoined and he that appeared or was essoined before will not then appear because he hoped to have another day by the Adjournment of the party who then appeared or was essoined This is called Fourcher and in some cases the mischief thereby is remedied by the Statute of Gloucest cap. 10. and Westm̄ 1. cap. 42. Franchise FRanchise is a French word and signifies in our Law an Immunity or Exemption from ordinary Iurisdiction as for a Corporation to hold Pleas within themselves to such a value and the like See of this in the Old Nat. Brev. fol. 4. a b. Franchise Royal. FRanchise Royal is where the King grants to one and his Heirs that they shall be quit of Toll or such like Free Almes FRee Almes is where in ancient times Lands were given to an Abbot and his Covent or to a Dean and his Chapter and to their Successors in pure and perpetual Almes without expressing any Service certain this is Frank-almoigne and such are bound before God to make Oraisons and Prayers for the Donor and his Heirs and therefore they do no Fealty and if such as have Lands in Frank-almoigne perform no Prayers nor Divine Service for the Souls of the Donors they shall not be compelled by the Donors to do it but the Donors may complain to the Ordinary praying him that such negligence be no more and the Ordinary of right ought to redress it But if an Abbot c. holds Lands of his Lord for certain Divine Service to be done as to sing every Friday a Mass or do some other thing if such Divine Service be not done the Lord may distrain and in such case the Abbot ought to do Fealty to the Lord and therefore it is not said Tenure in Frank-almoign but Tenure by Divine-Service for none can hold by Frank-almoign if any certain Service be expressed Frank Bank FRank Bank or Free Bench are Copihold-Lands which the Wife being married a Virgin hath after the decease of her husband for her Dower Kitch f. 102. Bract lib. 4. tract 6. cap. 13. num 2. hath these words There is a custom in those parts that the Wives their Husbands being dead should have Frank Bank of Lands of Sockmans and hold it in name of Dower Fitzh calls this a Custome by which in some Cities the Wife shall have all the Lands of her Husband for Dower N. B. fol. 150. See Plow fol. 411. Frank Chase FRank Chase is a Liberty by which all men having Land within this compass are prohibited to cut down the Wood or discover c. without the view of the Forrester although it be his own Crom. Jur. f. 187. Frank Fee TO hold in Frank Fee is to hold in Fee-simple Lands pleadable at the Common Law and not in ancient Demesne Frank Law FRank Law See Crom. Just of Peace f. 151. where you may find what this is by the contrary for he that for an Offence as Conspiracy loses his Frank Law is said to fall into these Mischiefs First that he shall never be Impanelled upon any Iury or Assize or otherwise used in saying any Truth Also if he have any thing to do in the Kings Court he shall not approach thither in person but must appoint his Attourney 3 His Lands Goods and Chattels are to be seised into the Kings hands and his Lands must be estrepped his Trees rooted up and his Body committed to prison Free Marriage FRee Marriage is when a man seised of Land in Fee-simple gives it to another man and his wife who is the daughter sister or otherwise of kin to the Donor in Free Marriage by virtue of which wards they have an Estate in special tail and shall hold the Land of the Donor quit of all manner of Services until the fourth degree be past accounting themselves in the first degree except Fealty which they shall do because it is incident to all Tenures saving Free alms And such Gift may be made as well after Marriage solemnized as before And a man may give Lands to his Soir in Free Marriage as well as to his Daughter by the opinion of Fitzh in his Writ of Champertie H. But it appears otherwise in Littleton and in Broke tit Frank-marriage pla 10. And so it was holden clear in Grays-Inne in Lent an 1576. 18 Eliz. by M. Rhodes then Reader there Frank-plege FRank-plege signifies a Pledge or Surety for Free-men according to the ancient Custom of England for preservation of the publick Peace See the Statute for View of Frank-pledge Anno 18 Ed. 2. and see View of Frank-pledge Free-hold FRee-hold is an Estate that a man hath in Lands or Tenements or Profit to be taken in Fee-simple Tail for term of his own or anothers life in Dower or by the Courtesse of England and under that there is no Free-hold for he that hath Estate for years or holds at will hath no Free-hōld but they are called Chatels And of Free-holds there are two sorts viz. Free-hold in Deed and Free-hold in Law Free-hold in Deed is when a man hath entred into Lands or Tenements and is seised thereof really and actually As if the Father seised of Lands or Teuements in Fee-simple dies and his son enters into the same as heir to his Father then he hath a Free-hold in Deed by his Entry Free-hold in Law is when Lands or Tenements are discended to a man and he may enter into them when he will but hath not yet made his Entry in Deed As in the case aforesaid if the Father being seised of Lands in Fee die seised and they discend to his Son but the Son hath not entred into them in Deed now befo rt his Entry he hath a Free-hold in Law French-man FRench-man was wont to be used for every Outlandish-man Bracton Lib. 3. Tract 2. cap. 15. See Engleshery Frendless man FRendless man was the old Saxon word for him we call an Outlaw nam forisfecit Amcos suos Bracton Lib. 3. Tract 2. cap. 12. Fresh Force FResh Force Frisca Forcia is a force committed in any City or Borough as by Disseisin Abatement Intrusion or Deforcement of any Lands or
c. 10. f. 74. a. Purveyors PUrveyors were ancient Officers to provide Victuals for the King which Office is mentioned in the Statute 28 E. 1. cap. 2. 36 E. 4. cap. 6. 14 E. 3. cap. 19. But it is abolished by the Stat. 12 Car. 2. cap. 24. Q. Quadrantata terrae QUadrantata terrae is the fourth part of an Acre Quae plura QUae plura is a Writ that lies in case where the Escheator hath found an Office after the death of the Kings Tenant virtute officii and hath not found all the Lands of which he died seised then this Writ shall issue in nature of a Melius inquirendo to find what Lands he had more See F. N. B. f. 255. a. Quale jus QUale jus is a Writ that lies where an Abbot Prior or such other should have Iudgment to recover Land by Default of the Tenant against whom the Land is demanded then before Iudgment given or Execution awarded this Writ shall go forth to the Escheator to enquire what right he hath to recover And if it be found that he hath not right then the Lord who should have the Land if the Tenant had aliened in Mortmain may enter as into Land aliended in Mortmain for this losing by Default is like an Alienation See the Stat. Westm 2. c. 32. But where one will give Lands to a House of Religion an Ad quod damnū shall go forth to the Escheator to enquire of what value the Land is and what prejudice is shall be to the King Quare ejecit infra terminum QUare ejecit infra terminum is a Writ that lies where one makes a Lease to another for term of years and the Lessor infeoffs another and the Feoffee puts out the Termour then the Termour shall have this Writ against the Feoffee But if another stranger put out the Termour then he shall have a Writ De ejectione firmae against him And in these two Writs he shall recover the term and his dammages Quare impedit QUare impedit is a Writ that lies where I have an Addowson and the Parson dies and another presents a Clerk or disturbs me to present then I shall have the said Writ But Assise de darrein presentment lies where I or my ancestors have preseuted before And where a man may have art Assise de darrene presentment he may have a Quare impedit but not contratiwise Also if the Plea be depending between two parties and be not discussed within fix moneths the Bishop may present by Lapse and he that hath right to present shall recover his dammages as appears by the Statute of Westm 2. c 5. And if he that hath right to present after the death of the Parson brings no Quare impedit nor Darreine presentment but suffers a stranger to usurp upon him yet he shall have a Writ of right of Advowson But this Writ lies not unless he claim to have the Advowson to him and his heirs in Fee Quare incumbravit QUare incumbravit is a Writ that lies where two are in Plea for the Advowson and the Bishop admits the Clerk of one of them within the six moneths then he shall have this Writ against the Bishop But this Writ lies always depending the Plea Quare intrusit Matrimonio non satisfacto QUare intrusit Matrimonio non satisfacto is a Writ that lies where the Lord profers convenable Marriage to his Ward and he refuses and enters into the Land and marries himself to another then the Lord shall have this Writ against him Quare non admifit QUare non admifit is a Writ that lies where a man hath recovered an Advowson and sends his convenable Clerk to the Bishop to be admitted and the Bishop will not receive him then he shall have the said Writ against the Bishop But a Writ of Ne admittas lies where two are in Plea if the Plaintiff suppose the Bishop will admit the Clerk of the Defendant then he may have this Writ to the Bishop commanding him not to admit him hanging the Plea Quarels QUarels is derived from Querendo and extends not only to Actions as well real as personal but also to the Causes of Actions and Suits so that by the Release of all Quarels not only Actions depending in Suit but Causes of Action and Suit also are released and Quarels Controversies and Debates are words of one sense and of one and the same signification Coke lib. 8. fol. 153. Quarentine QUarentine is where a man dies seised of a Mannour-place and other Lands whereof the Wife ought to be endowed then the woman may abide in the Mannour-place and there live of the store and profits thereof the space of sorty days within-which time her Dower shall be assigned as it appears in Magna Charta cap. 6. Que estate QUe estate is a term in pleading to avoid prolixity as if a man pleads a feoffment in fee to A. cujus statum idem B. modo habet and no one can plead it but Tenant of the Fee nor can it be pleaded of things which pass meerly by grant as Advowsons Franchises c. Quid juris clamat QUid juris clamat is a Writ that lies where I grant the Reversion of my Tenant for life by Fine in the Kings Court and the Tenant will not attorn then the Grantee shall have this Writ to compel him But a Writ of Quem redditum reddit lies where I grant by Fine a Rent charge or another Rent which is not Rent service which my Tenant holds of me and the Tenant will not attorn then the Grantee shall have this Writ And a Writ of Per quae servitia lies in like case for Rent service Also if I grant four divers Rents to one man and the Tenant of the Land attourns to the Grantee by payment of a peny or of a half peny in the name of Attournment of all the Rents this Attournment shall put him in seisin of all the Rent But these three Writs ought to be brought against those who are Tenants at the day of the Fine levied and against no other Fifteenth FIfteenth is a Payment granted in Parliament to the King by the Temporalty namely the fifteenth part of their goods And it was used in ancient time to be levied upon their Cattel going in their grounds which thing was very troublesome and therefore now for the most part that way is altered and they use to levie the same by the Yard or Acre or other measure of Land by means whereof it is now less troublesome and more certain than before and every Town and Country know what sum is to be paid among them and how the same shall be raised We read that Moses was the first that numbred the people for he numbred the Israelites and the first Tax Subsidy Tribute or Fifteenth was invented by him among the Hebrews as Polydore Virgil thinks Quit claim QUit claim is a Release or Acquitting of a man for any Action that he
Iurors matters in Law by the Iustices matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tried by his Peers without any Oath upon their Honors and Allegiance but in Appeal at the Suit of any Subject they shall be tried per probos legales homines If Ancient Demesne be pleaded of a Mannor and denied this shall be tried by the Record of the Book of Dooms-day in the Exchequer An Apostata shall be certified by the Abbot or other Religious Governor to whom he owed Obedience General Bastardy Excommengement Lawfulness of Marriage Profession and divers other matters Ecclesiastical shall be tried by the Bishops Certificate And a great number of other Trials there are whereof see Coke lib 9. the Case of the Abbot of Scrata Marcella fol. 23. By Witnesses De morte viri in Dower where the Tenant pleads That the Husband of the Demandant is alive Ra â— En. 128. Tronage TRonage is a certain Toll taken for Weighing Westm 2. cap. 25. 13 Edw. 1. Trover TRover is an Action which a Man hath against another that having found any of his Goods refuses to deliver them upon Demand See the Old Book of Entries word Trover Tumbrel TUmbrel see in the Title Cuckingstool and see the Statute of 51 H. 3. cap. 6. for the use of it Turbary TUrbary from the old Latine word Turba which was use â— for a Turf is an interest of digging Turfs upon a Common And you shall find an Assise brought of such a Common of Turbary in 5 Ass pl. 9. 7 E. 3. fol. 43. b. Sheriffs Turn SHeriffs Turne is a Court of Record in all things that pertain to the Turn and it is the Kings Leet through all the County and the Sheriff is Iudge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Turn This Court is to be kept twice in every year once after Easter and again after Michaelmas and that within one moneth after each Feast Anno 31 Edw. 3. cap 15. From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in this Court such as he will at his peril answer for But he cannot prescribe to take any thing for the keeping of his Turn because he is an Officer removeable See Coke l. 4. 33. l. 6. 2. and Daltons Book of Sheriffs tit Sheriffs Turn V. Vacation VAcation See Plenartie Vagabonds VAgabonds are idle and unprofitable men punishable by the Statute 39 Eliz. 4. 1 Jac. 7. 25. Value of Marriage VAlore Maritagii is a Writ that lay for the Lord against his Ward to recover against him the Value of his Marriage at his full age for that he was not Married by his Lord within age And this Writ lay although the Lord never rendered unto the Ward any convenient Marriage See Palmers Case Coke l. 5. f. 126. b. and the Stat. 12 Car. 2. c. 24. Venditioni exponas VEnditioni exponas is a Iudicial Writ directed to the Sheriff to sell Goods seised by a Fleri facias Venew or Visne VEne â— or Visne is a term used in the Statute of 35 H. 8. c. 6. and often in our Books and signifies a Place next to that where any thing that comes to be tried is supposed to be done And therefore for the better discovery of the truth of the matter in Fact upon every Trial some of the Iury must be of the same Hundred or sometimes of the same Parish or Neighborhood in which the thing is supposed to be done who by Intendment may have the best knowledge of the matter See Coke 6 Book f. 14. a. Arundels Case Venire facias VEnire facias it is a Process directed to the Sheriff or to the Coroners if the Sheriff be challenged to summon a Iury to try an Issue joined between party and party or the King and a Subject and it is also a Process upon an Audita Querela or upon an Indictment in the Kings Bench or Venire facias ad computandum against Tenant by Elegit Verderor VErderor is an Officer in the Kings Forrest chosen by the Free-holders of the County where the Forrest is by a Writ directed to the Sheriff to do it as appears by the Books of the Register and of the Nature of Writs and they are called in Latine Viridarli of the word Viridis in English Green in French Verd for a great part of their Office is touching the Verd to wit the Wood and Grass growing in the Forrest for which see more in the Charter and Laws of the Forrest Verge VErge is the Compass about the Kings Court their Bounds the Iurisdiction of the Lord Steward and of the Coroner of the Kings House so that he cannot intermeddle in the County forth of the Verge because his Office extends not thereunto as the Coroner of the County cannot intermeddle within the Verge which is exempted out of his Office by the Common Law And it seems against reason that their Offices and Iurisdictions being several should intermeddle one within the Iurisdiction of the other And this Verge seems to be twelve miles See 13 R. 2. Stat. 1. c. 3. F. N. B. f. 241. Britton f. 86. Fleta l. 2. c. 2. Coke l. 4. f. 46. 33 H. 8. c. 12. Verge in another signification is used for a Stick or Rod by which one is admitted Tenant and holding it in his hand takes the Oath of Fealty to the Lord of the Mannor and for that cause is called Tenant by the Verge See Old N. B. f. 17. Littl. l. 1. c. 10. Vert or Verd. VErt comes of the French Verd and signifies with us in the Forrest Laws every thing that doth grow and bears a green Leaf within the Forrest And it is divided into Over Vert and Neather Vert. Over Vert is the Great Woods and Neather Vert is the Vnder Woods There is also in Forrests a Vert called Special Vert and that is all Trees that grow in the Kings own Woods within the Forrest and all Trees that grow there in other Mans Woods if they be such Trees as bear Fruit to feed the Deer which are called Special Vert because the destroying of such Vert is more grievoufly punished then the destruction of other Vert is See Manwoods Forrest Laws c. 6. f. 52. a. Vicountiels VIcountiels are Farms so called for which the Sheriff pays certain Rent to the King and makes the best profit he can of them See the Stat. 33 34 H. 8. c. 16. View VIew is when an Action real is brought and the Tenane knows not well what Land it is that the Demandant asks then the Tenant shall pray