sayth in his explication of Saxon words verbo Coventus is Conventus whereupon it is to be noted as he saith in the same place that the Swainmote is a Court of Freeholders within the Forest Of the which you may read him at large pag. 110. c. usque 122. TA. TAbling of Fines is the making of a Table for every County where his Majesties writ runneth contaning the contents of every Fine that shall passe in any one Term as the name of the County Towns and places wherein the Lands or Tenements mentioned in any Fine do lye the name of the Plaintiff and Deforceant and of every manner named in the Fine This is to be done properly by the Chirographer of Fines of the Common plees who the first day of the next Term after the ingrossing of any such Fine shall fix every of the said Tables in some open place of the Court of the Common Plees and so every day of the said Term during the sitting of the said Court. And the said Chirographer shall deliver to the Sheriff of every County his Undersheriff or Deputy fair written in Parchment a perfect content of the Table so to be made for that Shire in the Term that shall be next before the Assises to be holden in the same County or else in the mean time between the Term and the said Assises to be set up the first day and every day of the next Assices in some open place of the Court where the Justices of Assises then shall sit to contiuue there so long as they shall sit in the said Court If either the Chirographer or Sheriff fail herein he forfeiteth five pounds And the Chirographers fee for every such Table is four pence anno 23 Elizab. cap. 3. This saith West parte 2 Symbol titulo Fines Sect. 130. Tail tallium commeth of the French Tail i. Sectura or the verb taillor i. scindere signifying in our Common law two several things both grounded upon one reason Plowden casu Willion fol. 251. a. b. First it is used for the fee which is opposite to fee simple by reason that it is so as it were minced or pared that it is not in his free power to be disposed of him which owneth it but it is by the first giver cut or divided from all other and tyed to the issue of the Donee Coke lib. 4. in prooemio And this limitation or tayl is either general or special Tail general is that whereby lands or tenements are limited to a man and to the heirs of his body begotten And the reason of this term is because how many soever women the tenent holding by his Title shall take to his wives one after another in lawfull matrimony his issue by them all have a possibility to inherit one after the other Tail special is that whereby Lands or tenements be limited unto a man and his Wife and the Heirs of their two bodies begotten because if the man bury his wife before issue and take another the issue by his second wife cannot inherit the Land c. Also if Land should be given to a man and his wife and to their Son and Heir Iohn for ever this is tail especial See more of this in fee And Liitleton lib. pri cap. 2. and the new book of Entries verbo Tail Tail in the other signification is that which we vul garly call a Tallie For it is une taille de bois a cloven peice of wood to nick up an account upon for in the Statute anno 10. Ed. pri cap. 11. and anno 27. ejusdem stat pri cap. 2. it is termed a Tail and anno 38 Edw. 3. cap. 5. And so in Broke his Abridgement titulo Taild ' Exchequer fol. 247. See Tails Tailes talliae are in these dayes called Talleyes well known what they be Of these read in our statutes two sorts to have been usuall in the Exchequer for a long continuance The one is termed tayles of debt anno 1 Rich. 2. cap. 5. which are a kind of acquittance for debt paid in to the King For example the University of Cambridge payeth yeerly ten pounds for such things as are by their Charter granted them in see ferm five pounds at the Annunciation and five at Michaelmas Hee that payeth the first five pounds receiveth for his discharge a tail or talley and he that payeth the other five receiveth the like With both which or notes of them he repaireth to the Clerk of the Pipes office and there in stead of them receiveth an acquittance in parchment for his whole discharge Then be there also mentioned Tayles of reward anno 27 H. 8. cap. 11. anno 33. et 34. ejusdem cap. 16. and anno 2 et 3 Ed. 6. ca. 4. And these seem to be tailes or talies of allowances or recompence made to Sheriffs for such matters as to their charge they have performed in their office or for such monies as they by course have cast upon them in their accounts but could not levie them where they were due And these as it seemeth by the said statute anno 27 H. 8. cap. 11. were of old granted in the Exchequer unto them upon warrant made to the Treasurer and Chamberlains there by the Clerks of the Signet upon Bill assigned by the King But sithence the statute anno 2 et 3 Edw. 6. cap. 4. What the course in this case is I am not so well informed Only I hear that for some Counties these tailes be still in use and that the warrant commeth now from the Auditour of the Receites unto those that make these talies And that the Sheriff with them proceedeth to those who take his finall account and there hath his allowance accordingly Taylage tallagium aliâs Tallage commeth of the French taille which originally signifieth a piece cut out of the whole and metaphorically is used for a share of a mans substance payed by way of tribute It signifieth with us a rolle or taxe as anno prim Ed. 2. cap. unico And Stowes Annals pag. 445. Thence cometh Tailaigiers in Chawcer for tax or tollegatherers Taint Attinctus commeth of the French teinct i. infectus tinctus and signifieth either Substantively a conviction or Adjectively a person convicted of felonie or treason c. See Attaint Tales is a Latin word of known signification It is used in our Common law for a supply of men empaneled upon a Jury or Enquest and not appearing or at their apparence challenged by the party or either party if there be two as not indifferent for in this case the Iudge upon petition granteth a supply to be made by the Sheriff o◠some men there present equal in reputation to those that were empanelled And hereupon the very act of supplying is called a Tales de Circumstantibus This supply may be one or more and of as many as shall either make default or else be challenged by each partie Stawnford pl. cor lib. 3. cap. 5. Howbeit he that hath had
contrario sensu be-because Communalties never die MU Murtuarie mortuarium is a gift left by a man at his death to his parish Church for the recompence of his personal Tithes and Offerings not duly payed in his life time And if a man have three or more cattel of any kind the best being kept for the Lord of the fee as a Heriot the second was wont to be given to the Parson in right of the Church ca. statutum De consuetu in provincial Touching this you have two Statutes one anno 13. Edw pri commonly called Circumspectè agatis whereby it appeareth that Mortuaries are suable in the Court Christian the other anno 21 H. 8. ca. 6. whereby is fet down an order and rate in money for Mortuaries Mulier as it is used in the Common law seemeth to be a word corrupted and used for Melior or rather the French Melieur It signifieth the lawfull issue preferred before an elder Brother born out of Marrimonie an H. 6. ca. 11. Smith de repub Anglo lib. 3. ca. 6. But by Glanvile lib. 7. ca. 1. the lawful issue seemeth rather Mulier then Melior because it is begotten è muliere and not ex Concubine for he calleth such issue filios mulierates opposing them to Bastards And Britton cap. 70. hath frere mulier i. the Brother begotten of the wife opposite to frere bastard This seemeth to be used in Scotland also For Master Skene de verborum significat verbo Mulieratus filius saith that Mulieratus filius is a lawful son begotten of a lawful wife Quia mulieris appellatione uxor continetur l. Mulieris 13. ibidem Glossa de verborum significatione Mulmutins laws See Law Multure Molitura vel Multura cometh neer the French Moulture and signifieth in our Common law the tolle that the Miller taketh for grinding of corn Murage Muragium is a tolle or tribute to be levied for the building or repairing of publike edifices or walles Fitzherberts Nat. Brev. fo 227. d. Murage seemeth also to be a libertie granted by the King to a town for the gathering of money toward walling of the same Anno 3 Edw. 1. ca. 30. Murder murdrum is borrowed of the French Meurtrier i. Carnifex homicide or Meurtre i. internecio homicidium The new Expositor of the Law-Tearms draweth it from the Saxon word Mordren signifying the same thing It signifyeth in our Common law a wilfull and felonious killing of another upon prepensed malice anno 52 H. 3. ca. 25 West parte 2. symbol titulo Inditements Sect. 47. Bracton li. 3. tract 2. ca 15. nu 1. defineth it to be homicidium quod nullo praesente nullo sciente nullo audiente nullo vidente clam perpetratur And of the same mind is Britton cap. 6. as also Fleta lib. 1. cap. 30. Yet Fleta saith also That it was not murther except it were proved the party slain were english and no stranger But as Stawnf saith pl. Cor. li. 1. cap. 2. the Law in this point is altered by the Statute anno 14 Edward 3. cap. 4. and murther is now otherwise to bee defined When a man upon prepensed malice killeth another whether secretly or openly it maketh no matter or be he an English man or a foreiner living under the Kings protection And prepensed malice is here either expresse or implied Expresse when it may be evidently proved that there was formerly some evil will implied when one killeth another suddenly having nothing to defend himself as going over a stlle or such like Cromptons Justice of peace in the Chapter of Murther fol. 19. b. See Master Skene de verbor significat Verbo Murdrum This by the Latine interpreter of the grand Custumary of Normandie is called Multrum cap. 68. See Were Muster cometh of the French moustre i. specimen spectamen exemplum as feire moustre generale de toute son armee is as much as lustrare exercitum The signification is plain Mustred of record anno 18 Henr. 6. cap. 19. seemeth to be dare nomen or to be introlled in the number of the Kings souldiers Master of the Kings musters anno 2 Ed. 6. cap. 2 see Muster Muster-master general anno 35. Elizab. cap. 4. See Master of the Kings Musters NA NAam Namium seemeth to come from the Dutch word nemmen i. capio It signifieth in our Common law the taking or apprehending of another mans moveable goods and is either lawfull or unlawful Lawfull naam is nothing else but a reasonable distresse proportionable to the value of the thing distreined for and this naam was antiently called either vif or mort quick or dead according as it is made of dead or quick chatels Lawful naam is so either by the Common law or by a mans particular fact by the Common law as when one taketh another mans beasts dammage feisant in his grounds by a mans particular fact as by reason of some contract made that for default of payment of an annuity agreed upon it shall be lawfull to distrein in such or such lands c. Horns Mirrour of Justices lib. 2. ca. de vec de naam where you may read of other circumstances required in lawfull naam viz. of what thing or of what things first in what maner on what dayes and at what houses it ought to be made with other points worth the reading for the understanding of our Law Antiquities See Withernam Nasse anno 4 Hen. 7. ca. 21. seemeth to be the proper name of Orford Haven Whether it be so termed of the boats or water Vessels that lie there or not let the Reader judge But nasselle is in French a kind of small boat Nativo habendo is a writ that lieth to the Sheriff for a Lord whose Villein claimed for his inheritance is run from him for the apprehending and restoring of him to his Lord again Regist orig fol. 87. Fitz. nat brev fo 77. See Libertate probanda Naturalization See Denizen NE Ne admittas is a writ that lieth for the Plaintiff in a Quare impedit or him that hath an action of Darrein presentment depending in the common Bench and feareth that the Bishop will admit the Clerk of the Defendant during the sute between them And this writ must be sued within six months after the avoydance Because after the six months the Bishop may present by lapse Register original fol. 31. Fitz. nat brev fol. 37. where see the rest Negative pregnant Negativa praegnans is a negative implying also an affirmative As is a man being impleaded to have done a thing upon such a day or in such a place denieth that he did it modo forma declarata which implyeth neverthelesse that in some sort he did it Or if a man be said to have alienated land c. in fee he denying that he hath alienated in fee seemeth to confesse that he hath alienated in some other sort Dyer fol. 17. nu 95. See Brook hoc titulo and Kitchin fol. 232. And see the new exposition of law
in every Tun anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. anno pri Ed. 6. ca. 13. anno pri Jacobi ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven after the rate of every Tun. Torny See Turney Totted anno 42 Edw. 3. cap. 9. anno 1 Ed. 6. cap. 15. is a word used of a debt which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word Tot unto it Tourn See Turn Tout tempa prist uncore est that is to say in English Alway ready and is at this present This is a kind of Plee in way of excuse or defence unto him that is sued for with-holding any debt or duty belonging to the Plaintiff See of this Broke his Abridgement fol. 258. TR Traile baston See Iustices of trial baston Traitor traditor proditor See Treason Transgressione is a writ called commonly a writ or action of Trespass Of this Fitzherbert in his Natura brevium hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differeth from the other because it hath not these words Quire vi armis c. and this see in Fitzherberts natura brev fol. 84 G. The other is termed a writ of trespasse upon the case which is to be sued in the Common bank or the Kings Bench in which are alwaies used these words vi et armis c. And of this you have Fitzh nat br f. 92. E. See Trespass See the divers use of this writ in the Register original in the Table Transcript anno 34 35 H. 8. cap. 14. is the copy of any original written again or exemplified Transcripto Recognitionis factae coram Justiciariis itinerantibus c. is a writ for the certifying of a Recognizance taken before Iustices in Eyre into the Chancery Regist orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifying of the foot of a fine levyed before Justices in Eyre c. into the Chancery eodem fol. 169. et Register judicial fol. 14. Travers commeth of the French Traverser iâ—transfigere It signifieth in our Common law sometime to deny sometime to overthrow or undo a thing done Touching the former signification take these words in Wests Symbol parte 2. titulo Chancery Sect. 54. An answer saith he speaking of an answer to a bill in Chancery is that which the Defendent pleadeth or saith in Bar to avoid the Plaintiffs bill or action either by confession and avoiding or by denying and traversing the material parts thereof And again Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer which must affirm and pursue his bill and confess and avoid deny or traverse the Defendants answer And the formal words of this traverse are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmative et Negative In the second signification I find it in Stawnfords praerog cap. 20. through the whole Chapter speaking of traversing an Office which is nothing else but to prove that an Inquisition made of goods or lands by the Escheatour is defective and untruly made So traversing of an Inditement is to take issue upon the chief matter thereof which is none other to say than to make contradiction or to deny the point of the Inditement As in presentment against A. for a Highway over-flown with water for default of scowring a ditch which he and they whose estate he hath in certain land there have used to scowr and cleanse A. may traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not the land c. or that he and they whose estate c. have not used to scowr the ditch Lamb. Earenarcha lib. 4. cap. 13. pag. 521 522. Of Traverse see a whole chapter in Kitchin fol. 240. See the new book of Entries verbo Traverse Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the the amplitude and Majesty of the Common wealth West parte secund symbol titulo Inditement sect 63. by whom it is there divided into High treason which other call altam proditionem and Petit treason High treason he defineth to be an offence done against the security of the Common wealth or of the Kings most excellent Majesty whether it be by imagination word or deed as to compass or imagine treason or the death of the Prince or the Queen his Wife or his Son and Heir apparent or to deflowre the Kings wife or his eldest Daughter unmarried or his eldest sons wife or levy war against the King in his Realm or to adhere to his enemies aiding them or to counterfeit the Kings great Seal privy Seal or mony or wittingly to bring false mony into this Realm counterfeited like unto the mony of England and utter the same or to kill the Kings Chancellor Treasurer Iustice of the one bench or of the other Iustices in Eyr Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his office anno 25 Ed. prim cap. 2. or forging of the Kings seal Manuel or privy signet privy seal or forein coyn current within the Realm anno 2 Mar. cap. 6. or diminishing or impairing of mony current anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King only And it is also called treason Paramount anno 25 Ed. 3. ca. 2. The form of Iudgement given upon a man convicted of high treason is this The Kings Serjeant after the verdict delivered craveth Iudgement against the Prisoner in behalf of the King Then the Lord Steward if the traitor have been noble or other Iudge if he be under a Peer saith thus N. Earl of P. For so much as thou before this time hast been of these treasons indited and this day arraigned for the same and put thy self upon God and thy Peers and the Lords thy Peers have found thee guilty my Iudgement is that thou shalt be conveyed unto the Tower of London whence thou camest and from thence drawn through the midst of London to Tiburn and there hanged and living thou shalt be cut down thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be divided into four quarters and disposed at the Kings Majesties pleasure and God have mercy upon thee Petit treason is rather described by examples than any where logically