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
the Kings Debts Apparances and for observing of Orders also he takes all Obligations for any of the Kings Debts for Apparances and observing of Orders and makes out Process upon them for the breaking of them The Lord Treasurers Remembrancer makes out Process against all Sheriffs Escheators receivers and Bailiffs for their Accounts he makes the Process of Fieri sacias and Exteut for any Debts due to the King either in the Pipe or with the Auditors and he makes Process for all such revenue as is due to the King by reason of his Tenures The Remembrancer of the First Fruits takes all Compositions for First fruits and Tenths and makes Process against such as pay not the same Of these Officers see more in Dalton's Book of the Office and Authority of Sheriffs f. 186. Remitter REmitter is when a man hath two Titles to any Land and he comes to the Land by the tast Title yet he shall be judged in by force of his elder Title and that shall be said to him a Remitter As if Tenant in tail discontinue the Tail and after disseises his discontinuee and dies thereof seised and the Lands discend to his issue or Cousin inheritable by force of the Tail in that case he is in his Remitter that is to say seised by force of the Tail and the Title of the Discontinuee is utterly adnulled and defeated And the reason and cause of such Remitter is for that such an Heir is Tenant of the Land and there is no person Tenant against whom he may sue his Writ of Formedon to recover the Estate tail for he may not have an Action against himself Also if Tenant in tail infeoff his Son or Heir apparent who is within age and after dies that is a Remitter to the Heir but if he were full of age at the time of such Feoffment it is no Remitter because it was his folly that he being of full age would take such a Feoffment If the Husband alien Lands that he hath in right of his wife and after take an Estate again to him and to his Wife for term of their lives that is a Remitter to the Woman because this Alienation is the act of the Husband and not of the Woman for no folly may be adjudged in the Woman during the life of her Husband But if such Alienation be by Fine in Court of Record such a taking again afterward to the Husband and Wife for term of their lives shall not make the Woman to be in her Remitter for that in such a Fine the Woman shall be examined by the Iudge and such Examination in Fines shall exclude such women for ever Also when the Entry of any man is lawful and he takes an Estate to him when he is of full age if it be not by Deed indented or matter of Record which shall estop him that shall be to him a good Remitter Rents REnts are of divers kinds that is Rent-service Rent-charge and Rent-secke Rent-service is where the Tenant in Fee-simple holds his Land of his Lord by Fealty and certain Rent or by other service and rent and theu if the rent be behind the Lord may distrain but shall not have an Action of Debt for it Also if I give Land in tail to a man paying to me certain Rent that is Rent-service But in such case it behoves that the reversion be in the Donor For if a man make a Feoffment in fee or a Gift in tail the remainder over in Fee without Deed reserving to him a certain rent such reservation is void and that is by the Statute Quia emprores terrarum and then he shall hold of the Lord of whom his Donour held But if a man by Deed indented at this day make such Gift in tail the remainder over in fee or lease for term of life the remainder over or a Feoffment and by the same Indenture reserve to him rent and that if the rent be behind it shall be lawful for him to distrain that is Rent-chage But in such case if there be no clause of Distress in the Deed then such a rent is called Rent-seck for which he shall never distrain but if he were once seised he shall have Assise and if he were not seised he is without remedy And if one grant a rent going out of his Land with clause of Distress that is a Rēt-charge and if the rent be behind the Grantee may chuse to distrain or sue a Writ of Annuity but he cannot have both for if he bring a Writ of Annuity then the Land is discharged And if he destrain and avow the taking in Court of Record then the Land is charged and the person of the Grantor discharged Also if one grant a Rent charge and the Grantee-purchases half or any other part or parcel of the Land all the Rent is extinct But in Rent service if the Lord purchase parcel of the Land the Rent shall be apportioned If one hath a Rent charge and his Father purchase parcel of the Land and that parcel discends to the Son who hath the Rent charge then the Rent shall be apportioned according to the value of the Land as it is said of Rent-service because the Son comes to that not by his own act but by discent Also if I make a Lease for term of years reserving to me a certain Rent that is called a Rent service for which it is at my liberty to distrain or to have an Action of Debt but if the Lease be determined and the Rent behind I cannot distrain but shall be put to my Action of Debt And note well that if the Lord be seised of the Service and Rent aforesaid and they be behind and he distrain and the Tenant rescues the Distress he may have Assise or a Writ of Rescous but it is not more necessary for him to have Assise then a Writ of Rescous for that by Assise he shall recover his Rent and his Dammages but by a Writ of Rescous he shall recover only Dammages and the thing distrained shall be reprised If the Lord be not seised of the Rent and Service and they be behind and he distrain for them and the Tenant take again the Distress he shall not have Assise but a Writ of Rescous and the Lord shall not need to shew his right If the Lord cannot find a Distress in two years he shall have against the Tenant a Writ of Cessavit per biennium as it appears by the Statute of Westm 2. cap. 21. And if the Tenant die in the mean time and his Issue enter the Lord shall have against the Issue a Writ of Entry upon Cessavit or if the Tenant alien the Lord shall have against the Alienee the foresaid Writ But if the Lord have Issue and die and the Tenant be in arrearages of the said Rent and Service in the time of the Father and not in the time of the Issue he may not distrain for the Arrearages in the time of
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
to shew a difference between them and base Courts as Customary Courts Court-Barons County Courts Pipowders and such like as when a Plea of land is removed out of ancient Demesne because the land is Frank-fee and pleadable at the Common Law that is to say in the Kings Court and not in ancient Demesne or in any other base Court Thirdly and most usually by Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same as for example Tenant for life nor for years were not to be punished for doing Waste at the common Law till the Statute of Gloucester cap. 5. which gives an Action of Waste against them But Tenant by the courtesie and Tenant in dower were punishable for Waste at the Common Law that is by the usual and common received Laws of the Realm before the said Statute was made Common Pleas. COmmon Pleas is the Kings Court now held in Westminster-Hall but in ancient time moveable as appears by Magna Charta cap. 11. But Gwyn in the Preface to his Reading saith That untill the time that Henry the third granted the Great Charter there were but two Courts only called the Kings Courts the Exchequer and Kings Bench which was called Aula Regia because it followed the Court and that upon the grant of that Charter the Court of Common Pleas was erected and setled in a place certain viz. at Westminster and therefore all the Writs were made with this Return Quid sit coram Justiciariis meis apud Westmonasteriū where before the partie was commanded by them to appear coram Me vel Justiciariis meis without any addition of any place certain All Civil causes as well Real as Personal are or were in ancient time tried in this Court according to the strict Law of the Kingdom And by Fortescue cap. 50. it seems to have been the only Court for Real Causes The thief Iudge thereof is called The Lord chief Justice of the Common pleas accompanied with three or four Assistants or Associates who are created by the Kings Letters Patents and as it were installed or placed upon the Bench by the Lord Chancellor and Lord Chief Iustice of the Court as appears by Fortescue cap. 51. who expresses all the circumstances of this Admission The rest of the Officers appertaining to this Court are these The Custos Brevium three Prothenataries Chirographer fourteen Philasers four Exigenters Clerk of the Warrants Clerk of the Iuries Clerk of the Treasurie Clerk of the Kings Silver Clerk of the Essoines Clerk of the Outlawries Common day in plea of land COmmon day in plea of land Anno 13 R. 2. Stat. 1. cap. 17. signifies an ordinary day in the Court as Octabis Michaelis Quindena Paschae c. as you may see in the Statute ◠1 Hen. 3. concerning general days in the Bench. Commotes COmmotes seems to be a compound word of the Preposition Con and Motio that is Dictio Verbum and signifies in Wales part of a County or Hundred An. 28 H. 8. cap. 3. It is written Commoithes Anno 4 H. 4. cap. 17. and is used for a Gathering made upon the people of this or that Hundred by Welsh Minstrels Communi Custodia COmmuni Custodia is a Writ which didlie for that Lord whose Tenant holding by Knights service dies his eldest son within age against a stranger who entred the land and obtained the Ward of the body It seems to take name from the common Custome or right in this case which is That the Lord shall have the wardship of his Tenant untill his full age or because that it is common for the recovery both of the Land and Tenant as appears by the form thereof Old N. B. 89. Regist Orig. 161. Compromise COmpromise is a mutual Promise of two or more parties that are at controversie to submit themselves and all differences between them unto the Award Arbitrement or Iudgment of one or more Arbitrators indifferently chosen between them to determine and adjudge upon all matters referred and upon which the parties differ Computation COmputation is used in the Common Law for the true and indifferent Construction of time so that neither the one party shall do wrong to the other nor the determination of times referred at large be taken one way or other but computed according to the just censure of the Law As if Indentures of Demise are ingrossed bearing date the eleventh day of May 1665. to have and to hold the land in S. for three years from henceforth and the Indentures are delivered the fourth day of June in the year aforesaid In this case from henceforth shall be accounted from the day of the Delivery of the Indentures and not by any computation from the Date And if the said Indenture be delivered at four of the clock in the afternoon of the said fourth day this Lease shall end the third day of June in the third year for the Law in this Computation rejects all fractions or divisions of the day for the incertainty which alwayes is the Mother of contention So where the Statute of Inrollments made Anno 27 Henr. 8. cap. 16. is That the Writings shall be inrolled within six moneths after the Date of the same Writings indented if such Writings have Date the six months shall be accounted from the Date and not from the Delivery but if they want Date then it shall be accounted from the Delivery Co. li. 5. fol. 1. If any Deed be shewed to a Court at Westminster the Deed by Iudgment of the Law shall remain in Court all the Term in which it is shewed for all the Term in Law is but one day Co. lib. 5. fol. 74. If a Church be void and the true Patron doth not present within six months then the Bishop of the Diocess may collate his Chaplain but these six months shall not be computed according to 28 days to the month but according to the Kalendar And there is great diversity in our common speech in the singular number as a Twelve-moneth which includes all the Year according to the Kalendar and twelve-months which shall be computed according to 28 days to every month See Coke lib. 6. f. 61. b. Computo COmputo is a Writ so called of the effect because it compells a Bayliff Chamberlain or Receiver to yield his Account Old Nat. Brev. fol. 53. It is founded upon the Statute of Westm 2. cap 2. which you may for your better understanding read And it also lies for Executors of Executors 15 Ed. 3. Star de Provis Victual cap. 5. Thirdly against the Gardian in Secage for Waste made in the Minority of the Heir Malbr cap. 17. And see farther in what other cases it lies Reg. Orig. fol. 135. Old N. B. fol. 58. F. N. B. fol. 116. Concealers COncealers are such as find out lands concealed that is such lands as are secretly detained from the King by common persons having nothing to shew
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
Executors he that doth appear by Distress shall answer doth extend by Equity to Administrators for such of them as appear first by Distress shall answer by Equity of the said Act because they are of the like kind So likewise the Statutes of Gloucester gives the Action of Waste and the Penalty of it against him that holds for Life or Years and by the Equity thereof a man shall have an Action of Waste against him that holds but for one year or half a year yet this is without the words of the Statute for he that holds but for half a year or one year doth not hold for years but that is the meaning and the words that Enact the one by Equity Enact the other Errant ERrant id est Itenerans comes from the French word Errer id est Errare or if the old word Erre id est Iter and is appropriated unto Iustices that go Circuit and to the Bailiffs at large who are therefore called Justices Errants and Bailiffs Errants because they go and travel from place to place the one to do Iustice and the other to execute Process See Eire Error ERror is a Fault in Iudgement or in the Process or Proceeding to Iudgment or in the Execution upon the same in a Court of Record which in the Civil Law is called a Nullitie Error is also the name of a Writ that lies where Iudgment is given in the Common place or before the Iustice in Assise or Oyer and Terminer or before the Major and Sheriffs of London or in other Court of Record against the Law or upon undue and ill Process then the party grieved shall have this Wrft and thereupon cause the Record and Process to be removed before the Iustices of the Kings Bench and if the Error be found it shall be reversed But if an erroneous Iudgment be given in the Kings Bench then it could not be reversed but by Parliament until the Statute of 27 Eliz. cap. 8. Also if such a Default in Iudgment be given in a Court not of Record as in a County Hundred or Court-Baron the party shall have a Writ of False Iudgment to cause the Record to be brought before a Iustice of the Common-place Also if Error be found in the Exchequer it shall be redressed by the Chancellor and Treasurer as it appeas by the Statute E. 3. an 31. c. 12. 31 El. c. 1. Also there is another Writ of Error upon a Iudgment in the Kings Bench and that is where the Plaintiff assign matter of Fact for Error And this lies in the same Court for this Court can redress their Errors in Fact but not their errors in Law But the Court of common B. cannot do so Escape EScape is where one that is arrested comes to his liberty before he be delivered by Award of any Iustice or by order of Law Escape is in two sorts voluntary and negligent Voluntary Escape is when one doth arrest another for Felony or other Crime and after he in whose custody he is lets him go where he will And if the Arrest were for Felony then shall it be Felony in him that suffered the Escape if for Treason then Treason in him and if for Trespass then Trespass and so in all other When one is arrested after escapes against the will of him that did arrest him and is not freshly pursued and taken before the pursuer loses the sight of him this shall be said a negligent Escape notwithstanding that he out of whose possession he escaped do take him after he lost sight of him A so if one be arrested and after escape and is at his liberty and he in whose ward he was take him afterward and bring him to the prison yet it is an Escape in him If a Felon be arrested by the Constable and brought to the Goal in the County and the Goaler will not receive him and the Constable lets him go and the Goaler also and so he escapes this is an Escape in the Goaler for that in such case the Goaler is bound to receive him by the hand of the Constable without any Precept of the Iustice of Peace But otherwise it is if a common person arrest another upon suspicion of Felony there the Goaler is not bound to receive him without a Precept of some Iustice of Peace There is an Escape also without an Arrest as if Murder be made in the day and the Murderer be not taken then it is an escape for which the Town where the Murder was done shall be amerced And it is to be observed That a man may be said to escape notwithstanding he always continues in Prison As if a man be in Prison upon two Executions at the Suit of two several men and the old Sheriff delivers over this Prisoner to the new Sheriff by Indenture according to the usual course and in the said Indenture makes no mention of one of the said Executions this Omission shall be said an Escape in Law instantly for which the Old Sheriff shall answer although the Execution was matter of Record whereof the new Sheriff might have taken notice But otherwise it is where the old Sheriff dies for in such case it behoves the new Sheriff at his peril to take notice of all the Executions that are against any person that he finds in the Gaol But in the said Case where the Sheriff dies and before another is made one that is in Execution breaks the Gaol and goes at large this is no Escape for when a Sheriff dies all the Prisoners are in the custody of the Law until a new Sheriff be made See Coke lib. 3. fol. 72. If the Sheriff upon a Capias ad satisfaciendum to him directed makes Return That he hath taken the Body and yet hath not the Body in Court at the day of the Return the Plaintiff may have his Action against the Sheriff for the Escape although the party so taken be in the Gaol See 7 H. 4. 11. Br. 107. Escheat EScheat is where a Tenant in Fee-simple commits Felony for which he is hanged or abjured the Realm or Outlawed of Felony Murder or Pety Treason or if the Tenant die without Heir general or special then the Lord of whom the Tenant held the Land may enter by way of Escheat or if any other enter the Lord shall have against him a Writ called a Writ of Escheat Escheator EScheator is the name of an Officer that observes the Escheats of the King in the County whereof he is Escheator and certifies them into the Exchequer This Officer is appointed by the L. Treasurer and by Letters Patents from him and continues in his Office but one year neither can any be Escheator but once in three years An. 1. H. 8. cap. 8. and an 3 ejusdem cap. 2. See more of this Officer and his Authority in Crompton's Justice of Peace See An. 21 Ed. 1. The form of the Oath of the Escheator see in the Regist orig fol. 301. b.
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
is a Writ that lies where the Tenant holds of the King in chief as of his Crown and he is deforced that is put out of his Land then he shall have this Writ and it shall be Close and shall be pleaded in the Common Pleas. Also if any Tenant that holds of any Lord be deforced it behoves him to sue a Writ of Right Patent which shall be determined in the Lords Court But if the Land be holden of the King the Writ of Right Patent shall be brought to the Kings Court and the Writ may be removed from the Lords Court unto the County by a To â— t and from the County into the Common Place by a Pone Look therefore before in the Title Drolt Praecipe PRaecipe are of divers sorts Quod reddat terras as dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary is compounded of two Latine words prae and Notarius and is used in our Law for the chief Clerks of the Kings Courts whereof there is one in the Kings Bench and three in the Common Pleas. He in the Kings Bench records all Actions Civil sued in that Court and they of the Common Pleas inrol all Declarations Pleadings and Iudgments and make out all Iudicial Writs they Inroll all Fines and Recognisances and exemplifie all Records the same Term before the Rolls are delivered out of their hands In 15 E. 4. 26 b. This Officer is called Praesignator And one of the three in the Common Bench Praesignator pauperum Premisses PRemisses See Habendum Praemunire PRaemunire is a Writ that lies where any man sues another in the Spiritual Court for any thing that is determinable in the Kings Court for which great punishment is ordained by divers Statutes viz. that he shall be out of the Kings protection and put in Prison without Bail or Mainprise till he have made Fine at the Kings Will and that his Lands and Goods shall be forfeited if he come not within two months And his Provisors Procurators Atturneys Executors Notaries and Maintainers shall be punished in the same manner Therefore look the Statute Also some say if a Clerk sue another man in the Court of Rome for a thing Spiritual where he may have remedy within the Realm in the Court of his Ordinary that he shall be within the case of the Statute And upon divers other offences is imposed by Statutes lately made the Penalty that they incur who are attainted in Praemunire As by 13 Eliz. cap 8. they who are aiding to make a corrupt Bargain whereupon Vsury is reserved above x. l. in the hundred for a year c. Prender PRender is the power or right of Taking a thing before it be offered from the French prendre i. accipere Prescription PRescription is when a Man claims any thing because he his Ancestors or Predecessors or they whose Estate he hath have had or used it all the time whereof no memory is to the contrary But one may not prescribe against a Statute except he have another Statute that serves for him Presentment PResentment is of two significations One is to a Church as when a man hath right to give any Benefice Spiritual and names the person to the Bishop to whom he will give it and makes a Writing to the Bishop for him that is a Presentation or Presentment If divers Coheirs cannot agree in Presentment the Presentee of the eldest shall be admitted But if Ioyntenants and Tenants in common agree not within six moneths the Bishop shall present by lapse The other is a Presentment or Information by a Iury in a Court before any Officer who hath Authority to punish any offence done contrary to the Law Pretensed Right or Title PRetensed Right or Title is where one is in possession of Lands or Tenements and another who is out claims it and sues for it now the pretensed Right or Title is said in him who so doth sue claim And if he afterward come to the possession his Right or Title is annexed to the Land and possession and not then called Right Primer Seisin PRimer Seisin is used in the Common Law for a branch of the Kings Prerogative by which he hath the first possession that is the intire Profits for a year of all the Lands and Tenements whereof his Tenant that held of him in capite died seised in his Demesne as of Fee his Heir then being at full age and thus the King takes in lieu of the intire Profits which he may take if he will until Livery be sued or at the least tendered Prerog Reg. c. 3. Stamf. f. 11. B. See the Stat. 12 Car. 2. c. 24. Prisage PRisage is that part or portion that belongs to the King of such Merchandizes as are taken at Sea by way of lawful Prise And this word you shall find in the Statute of 31 Ell â— cap. 5. Prisage of Wines PRisage of Wines mentioned in the Stat. 1 H. 8. c. 5. is a custom by which the King out of every Bark laden with Wine under 40 Tun claims to have two Tun at his own price Privie or Privities PRivie or Privities is where a Lease is made to hold at will for years for life or a Feoffment in fee and in divers other cases now because of this that hath passed between these parties they are called Privies in respect of strangers between whom no such Conveyantes have been Also if there be Lord and Tenant and the Tenant holds of the Lord by certain Service there is a Privity between them because of the Tenure and if the Tenant be disseised by a stranger there is no Privity between the Disseisor and the Lord but the Privity still remains between the Lord and the Tenant that is disseised and the Lord shall avow upon him for that he is his Tenant in right and in Iudgment of the Law Privies are in divers sorts as namely Privies in Estate Privies in Deed Privies in Law Privies in Right and Privies in Blood Privies in Estate is where a Lease is made of the Mannor of Dale to A for life the Remainder to B in fee there both A and B are Privies in Estate for their Estates were both made at one time And so it is in the first case here where a Lease is made at will for life or years or a Feoffment in fee the Lessees or Feoffees are called Privies in Estate and so are their Hairs c. Privies in Deed is where a Lease is made for life and afterward by another Deed the Reversion is granted to a stranger in fee this Grantee of the Reversion is called Privy in Deed because he hath the Reversion by Deed. Privy in Law is where there is Lord and Tenant the Tenant leases the Tenancy for life and dies without Heir and the Reversion escheats to the Lord he is said Privy in Law because he hath his Estate
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
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions of Parliament to which the King assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
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
the Law gives much credit and authority to Coroners Corporation Corporation is a permanent thing that may have succession And it is an Assembly and joyning together of many into one Fellowship Brotherhood and mind whereof one is Head and chief the rest are the Body and this Head and Body knit together make the Corporation And of Corporations some are Spiritual some Temporal and of Spiritual some are Corporations of dead persons in Law and some otherwise and some are by authority of the King only and some have been of a mixt authority And of those that are Temporal some are by the authority of the King also and some by the Common Law of the Realm Corporation Spiritual and of dead persons in the Law is where the Corporation consists of an Abbot and Covent which had beginning of the King and the Pope when he had to do here Corporation Spiritual and of able persons in Law is where the Corporation consists of a Dean and Chapter Master of a Colledge or Hospital and this Corporation had beginning of the King only Corporation Temporal by the King is where there is a Mayor and Commonalty Corporation Temporal by authority of the Common Law is the Assembly in Parliament which consists of the King the Head of the Corporation the Lords Spiritual and Temporal and the Commons of the Realm the Body of the Corporation Bodies politick BOdies politick are Bishops Abbots Priors Deans Parsons of Churches and such like which have succession in one person only If land be given to a Maior and Commonalty for their lives they have an Estate by intendment not determinable So it is if a Feoffment be made of land to a Dean and Chapter without speaking of Successors Release of a Mayor for any summ of money due to the Corporation in his own name is not good in Law In case of a sole Corporation or Body politick as Bishop Parson Vicar Master of Hospital c. no Chattel either in action or possession shall go in succession but the Executors or Administrators of the Bishop Parson c. shall have them for Succession in a Body politick is as Inheritance in case of a body private But otherwise is in case of a Corporation composed of many as a Dean and Chapter Mayor and Commonalty and such like for there they in judgement of the Law never die Yet the case of the Chamberlain of London differs from all these and his Successors may in his own name have Execution of a Recognisance acknowledged to his Predecessor for Orphanagemoney and the reason is because in this case the Corporation of the Chamberlain is by Custome and the same Custome that hath created him and made a Corporation in Succession as to the said special purpose concerning Orphanage hath enabled the Successor to take such Recognisances Obligations c. that are made to his Predecessor And this Custom is founded upon great reason for the Executors or Administrators of the Chamberlain ought not to intermeddle with such Recognisances Obligations c. which by the said Custom are taken in the corporate capacity of the Chamberlain and not in his private But a Bishop Parson c. or any sole Corporation that are Bodies politick by prescription cannot take a Recognisance or Obligation but only to their private and not in their politick capacity for they want Custome to take a Chattel in their politick or corporate capacity Corpus cum Causa or Habeas Corpus COrpus cum Causa is a Writ issuing out of the Chancery to remove both the body and the Record of the Cause of any man lying in Execution upon a Iudgement for Debt into the Kings Bench c. there to lie till he have satisfied the Iudgement Fitzh Nat. Brev. fol. 251. e. It lies also to remove any Action from inferiour Courts of Record into any of the 3 Courts in Westm Corruption of Blood COrruption of Blood is when any one is attainted of Felony or Treason then his Bloud is said to be corrupt by means whereof neither his children nor any of his bloud can be heirs to him or to any other Ancestor for which they ought to claim by him And if he were a Noble or Gentleman before he and all his children are made thereby ignoble and ungentle having regard to the Nobility or Gentry they claim by their father which cannot be restored by the Kings Grant without authority of Parliament But if the King will pardon the offendor it will cleanse the corruption of the Blood of those children which are born after the Pardon and they may inherit the land of their Ancestor purchased at the time of the Pardon or afterwards but so cannot they who were born before the Pardon Also he that is attainted of Treason or Felony shall not be heir to his father but this disability shall hinder others to be heir so that during his life the land shall rather escheat to the Lord of the Fee then discend to another But if he who is attainted dies without issue of his body during the life of his Ancestor then his younger Brother Sister or Cousin shall inherit for if the eldest Son be hanged or abjure the Realm for Felony during the life of the Father it is no impediment but that the youngest Son may inherit 27 Edw. 3. c. 77. And if he who is attaint of Treason or Felony in the life of his Ancestor purchase the Kings Pardon before the death of his Ancestor yet he shall not be Heir to the said Ancestor but the Land shall rather escheat to the Lord of the Fee by the Corruption of bloud 26 Ass pla 2. But if the eldest son be a Clerk convict in the life of his Father and after his Father dies in this case he shall inherit his Fathers Land because he was not attainted of Felony for by the Common Law he should inherit after he had made his Purgation And now by the Statute of 18 El. cap. 6. he shall be forthwith enlarged after burning in the hand and delivered out of prison and not committed to the Ordinary to make his Purgation but he is in the same case as if he had made his Purgation If a man that hath Land in right of his wife hath issue and his Bloud is corrupt by Attainder of Felony and the King pardons him in this case if the wife dies before him he shall not be Tenant by the courtesse for the corruption of the blood of that issue But it is otherwise if he hath issue after the Pardon for then he shall be Tenant although the issue which he had before the Pardon be not inheritable 13 H. 7. c. 17. If a man seised of Land hath issue two sons and the eldest is attainted in the life of his Father of Felony and therefore executed or otherwise dies during the life of his Father and after the Father dies seised the Land shall descend to the youngest son as Heir unto his Father if