LES TERMES DE LA LEY; OR, Certain difficult and obscure Words and Terms of the Common Laws and Statutes of this Realm now in use, expounded and explained.
Now Corrected and Enlarged.
With very great Additions throughout the whole Book, never Printed in any other Impression.
LONDON, Printed by W. Rawlins, S. Roycroft and M. Flesher, Assigns of Richard and Edward Atkins Esquires.
For G. Walbanke, S. Heyrick, J. Place, J. Poole, and R. Sare. 1685.
To the READER.
I Need not strive much to prove the necessity of this Book, if you consider, that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason, began with it; much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science, to which this little Book must open the door and let them in: But least of all need I suspect, that whoever is convinced of these two Points, its Necessity and Profitableness, will fail to peruse and esteem it.
Though no name of any Authour appears to it, yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal, that reverend Judge; who was eminently knowing both in the Common and Statute Law of this Land, as appears by the many Leraned Expositions and Excellent Cases, which every where occur in it. And we may probably guess it to be written by him originally in French only, having some cause to suspect the Translation to be done by a less skilful Hand: For though by the many Impressions of it, and carelesness of Printers, V. J. Cow. Interpreter. it has suffered much (as other Books of like nature daily do) yet some Objection lay against the Translator himself as (to omit others) Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum, which was Englished thus odly, A Place wherein common Tracts of men Collegiate are made. And for Errors of the Press, they were very numerous and strangely unhappy: as disseised for die seized, Common Law for Canon Law, deep for deer, necessary for accessary, tiel for viel, rather, for either, owner for power, &c. In devastaverunt, sans compulsion, was Englished by compulsion, In the word Gild two whole Lines were omitted in [Page] the English, and the French imperfect; so likewise in Garranty, and other words. There was also a mistake in Geography in the word Pape, where Rome was said to be 1500 miles from hence, full 500 too much. And still as Impressions were iterated, Errat's increased.
Besides the very many Faults which were thus crept into this Book, it was so extreamly misalphabeted, that some words could not be found without much difficulty, I had almost said not at all: for if the Reader finds not the word he seeks in its true place, he commonly lays by the Book with despair.
To remedy these encreasing Evils, I was willing to bestow my endeavour: First, by adding above an hundred Words with Explications in their proper places, and making references to others, where needful. Secondly, by Correcting the whole Work in what I found amiss, and retrenching some antiquated and tautological Expressions as they occurred. Thirdly, by adding to some old words such late Statutes as alter or concern the Law established by them. And lastly, by digesting the whole into an exact Alphabet, and taking care to prevent Errors of the Press.
That I intended well, I can give you but my word: how I have performed, I make my Reader Judge.
TERMS OF THE LAW EXPOUNDED.
Abate.
ABate seems to come from the French Abbatre, is to destroy or defeat utterly, and has several significations. As, to Abate a Castle or Fortlet (Old Natura brev. fo. 45.) which (in Westem. 1. cap. 17.) is interpreted to beat down. And to abate a Writ, is to defeat or overthrow it, by some Error or Exception. Britton cap. 48. And, he that steps in between the former possessor and his Heir, is said to abate in the Lands. See Abatement.
Abatement of a Writ or Plaint.
ABatement of a Writ or Plaint is, when an Action is brought by Writ or Plaint, wherein is want of sufficient and good matter, or else the matter alledged is not certainly [Page 2] set down, or if the Plaintiff or Defendant, or Place are misnamed, or if there appear variance between the Writ and the Specialty or Record, or that the Writ or the Declaration be uncertain, or for Death of the Plaintiff or Defendant, and for divers other like causes; then upon those defaults the Defendant may pray that the Writ or Plaint may abate, that is to say, that the Plaintiffs Suit against him may cease for that time, and that he shall begin again his Suit, and bring a new Writ or Plaint, if he be so disposed. But if the Defendant in any Action plead a matter in Bar to annul the Action for ever, he shall not come afterwards to plead in Abatement of the writ; but if after it appear in the Record, that there is some matter apparent for which the Writ ought to be abated; then the Defendant or any person, as a friend to the Court, may well plead and shew it in Arrest of Iudgement.
See the titles of Writ, Misnosmer and Variance, in the Abridgements, and the Book called The Digests of Writs, in which this matter especially is very well handled.
There are also other matters Which abate and stay Actions and Writs, that is to say, Variance between the Writ and the Count.
[Page 3] If the Plaintiff be an alien Enemy.
For want of naming the Defendant of what Town, Trade, or degree he is where the Suit is by Writ.
That a Woman Plaintiff is married before, or hanging the Suit.
That the Plaintiff hath another Action depending for the same cause.
That the Writ is dated before the Action accrued.
For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer.
For that the Land is ancient demesne.
For that the matter in Suit was done upon the high Sea, in which case the Admiral hath Iurisdiction.
These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time.
If the Plaintiff in Action personal be out-law'd, or convicted of Recusancy, or Excommunicated.
Vpon a Scire facias against ter' tenants for Debt, plea that there are other Lands liable to the same Debt, which are not returned, doth stay the Proceedings until they be also returned;
Abatement in Lands.
ABatement in Lands or Tenements is, when a man dies seised of Lands or Tenements, and one that hath no right enters into the same before the Heir; this Entry is called an Abatement, and he an Abator. But if the Heir enter first after the death of his Ancestor, and the other enter upon the possession of the Heir, this last entry is a Disseisin to the Heir. Look in the Book of Entries fo. 63 c. & 205. d. & 519. c. where this word Abatement is called in Latin Intrusio. And I think it better to call it in Latin Interpositio, ot Intratio per interpos [...] ionem, make a difference between this word [Page 5] and Intrusio after the death of the Tenant for life.
Abbot.
ABbot was the sovereign head or Chief of those Houses which when they stood were called Abbies; and this Abbot with the Monks of the same House, who were called the Covent, made a Corporation. Such a Sovereign of any such House shall not be charged by the Act of his Predecessor, if it be not by common Seal, nor for such things which come to the use of his House. Also an Abbot shall not be charged for the debt of his Monk before his entry in Religion, though the Creditor have an especialty thereof, except it have come to the use of his House: but the Executors of the Monk shall be charged therewith.
Look for this in the Abridgements, the same Title, under which you shall see that some of them were elective, some presentative; and how they were made Governours, and their Authority. And in this Title are also comprehended all other Corporations Spiritual, as Prior and his Covent, Friers and Canons, Dean and Chapter.
Abettors.
ABettors are in divers Cases diversly taken. One Kind of Abettors are they that maliciously, without just cause or desert, do procure others to sue false Appeals of Murther, or Felony against men, to the intent to trouble and grieve them, and to bring them to infamy and slander. Abettors in Murthers are those that command or procure counsel, or comfort others to Murther. And in some case Abettors shall be taken as Principals, and in some case but as Accessories: So in other Felonies. And their presence at the deed doing, and their absence makes a difference in the case: There are Abettors also in Treason, but they are as Principals, for in Treason there are no Accessories.
See more in the Book called Pleas of the Crown, made by the Reverend Judge Sir W. Stamford, in the Titles of Accessories, and Dammages in Appeal.
Abeyance.
ABeyance is, when a Lease is made for term of life, the Remainder to the right Heirs of J. S. who is living at the time of the Grant: now by this Grant the Remainder [Page 7] passes from the Grantor presently, yet it vests not presently, nor takes hold in the Grantee, that is, the right Heir of J. S. but is said to be in Abeyance, or, as the Logicians term it, in posle, or in understanding, and, as we say, in the Clouds, that is, in the Consideration of the Law, That if J. S. die, having a right Heir, and living the Lessee for life, then this is a good Remainder, and now vests and comes to the right Heir, in such sort as, that he may grant, forfeit, or otherwise dispose the same, and ceases to be any more in Abeyance, for that there is one now of ability to take it, because J. S. is dead, and hath left a right Heir in life; which could not be living J. S. for that during his life none could properly be said to be his Heir. Also if a man be Patron of a Church, and presents one to the same, now the Fee of the Lands and Tenements pertaining to the Rectory is in the Parson: But if the Parson die, and the Church become void, then is the Fee in Abeyance, until there be a new Parson presented, admitted and inducted; for the Patron hath not the Fee, but only the right to present, and the Fee is in the Incumbent that is presented, and after his death it is in no body, but in Abeyance, till there be a [Page 8] new Incumbent, as is aforesaid.
See Litt. Lib. 3 cap. 11. fo. 145. and Perkins fol. 12.
Abishersing.
ABishersing (and in some Copies Mishersing) is, to be quit of Amerciaments before whomsoever of Transgression proved.
Abjuration.
ABjuration is an Oath that a Man or Woman shall take when they have committed Felony, and fly to the Church, or Church-yard, or to any other place priviledged for safeguard or their lives, chusing rather perpetual Banishment out of the Realm, than to stand to the Law, and be tryed for the Felony: In which Case, before the Coroner he shall make such Confession which may make a sufficient Indictment of Felony: Then the Coroner at the Common Law shall make him forswear the Realm, and assign to him what Port he shall go, and shall swear him that he go not out of the High way, and that he abide not at the Port (if he may have good passage) above one flood and one ebb; and if he cannot have Passage, then he shall go every day during xl. days, in the Sea to the [Page 9] knees. But if such a Felon as abjures goes out of the High way, and flies to another place, if he be taken, he shall be brought before the Iudge, and there shall have Iudgment to be hanged.
And if he who so prays the privilege will not abjure, then he shall have the priviledge for xl. days, and every man may give him meat and drink. And if any give him sustenance after xl. days, although it be his Wife, such giving is Felony. Also he that doth abjure shall be delivered from one Constable to another, and from one Franchise to another, till he come to his Port: and if the Constable will not receive him, he shall be grievously amerced. See the Oath in the Treatise De abjuratione Latronum.
This Law was instituted by S. Edward the Confessor, a King of this Realm before the Conquest, and was grounded upon the Law of mercy, and for the Love and Reverence he and others his Successors did bear unto the House of God, or place of Prayer and Administration of his Word and Sacraments, which we call the Church. Note, this Law is now changed by the Statutes 21 H 8. cap. 2. 22 H. 8. cap. 14. and 32 H. 8. cap. 12. by which it appears, that he at this day shall not abjure the Realm, but all his Liberty of this Realm, and all his liberal and [Page 10] free habitations, resorts, and passages from all places of this Realm, to one certain place in this Realm thereto limited by 32 H. 8. cap. 13. and 33 H. 8. c. 15. See more in Stamf. li. 2. c. 10. and see the Statutes 1 Jac. c. 25. and 21 Jac. c. 28. for the repeal of all Statutes concerning Abjured persons, and the taking away of all Sanctuaries.
See the Statutes of 35 El. chap. 12. for the Abjuration of Recusants, and Stat. 1 Jac. c. 25.
Abridgement of a Plaint or Demand.
ABridgement of a Plaint or Demand is, where one brings an Assise, Writ of Dower, Writ of ward, or such like: in which cases, for that the Writ of Assise is, de libero tenemento, as in a Writ of Dower, the Writ is, Rationabilem dotem quae contingit de libero tenemento W. her husband, and in a Writ of ward the Writ is, Custo [...] terrarum & haeredis, &c. without shewing any certainty in these Writs; bnt in the Plaint of the Assise, or Demand in the Writ of Dower, and in the count in the Writ of Ward, the Plaintiff or Demandant is to shew the certainty of the acres or parcels of Land: then if the Tenant pleads Nontenure, or Ioyntenancy, or some other such like Plea, to parcel of the Land demanded, in abatement [Page 11] of the Writ, the Plaintiff or Demandant may abridge his Plaint or Demand to that Parcel, that is, he may leave out that part, and pray that the Tenant may answer the rest, to which he hath not yet pleaded any thing. The cause is, for that in such Writs the certainty is not set down, but is generally: and notwithstanding the Demandant hath abridged his Plaint or Demand in part, yet the Writ remains good still for the rest.
Accedas ad Curiam.
ACcedas ad Curiam is a Writ directed to the Sheriff, commanding him to go to such a Court of some Lord, or Franchise, where a Plaint is sued for taking of beasts as a Distress, or any false Iudgment is supposed to be made in any Suit in such a Court, which is not of Record; and that the Sheriff shall there make Record of the said Suit, in presence of the Suitors of the same Court, and of four other Knights of the County, and certiffe it into the Kings Court, and at the day that is limited in the Writ.
This Writ is made out of Chancery, and returnable into the Kings Bench or Common Pleas.
Accedas ad Vicecomitem.
ACcedas ad Vicecomitem is a Writ directed to the Coroner, commanding him to deliver a writ to the Sheriff, who having a Pone delivered him, suppresses it. Regist. orig. 8. 3.
Acceptance.
ACceptance is a taking in good part, and as it were an Agreeing unto some act done before, which might have been undone and avoided (if such Acceptance had not been) by him or them that so accepted: for example, if a Bishop, before the Statute made 1 Eliz. lease part of the possessions of his Bishoprick for term of years, reserving rent, and dies, and after another is made Bishop, who accepts, that is, takes or receives the Rent when it is due and ought to be paid; now by this Acceptance the Lease is made perfect and good, which else the new Bishop might very well have avoided.
The like law is, if a man and his wife seised of Land in right of the wife, joyn and make a Lease or Feoffment by Deed, reserving rent, and the husband dies, she accepts or receives the rent; by this the Feoffment or Lease is made perfect and good, and shall bar her of bringing a Cui in vita.
Accessories.
ACcessories are of two sorts by the Common Law, and by the Statute Law. Accessory by the Common Law is also of two sorts, the one before the offence is done, the other after. Accessory before the Fact is he that commends or procures another to do Felony, and is not there present himself when the other does it; but if he be present, then he is called Principal. Accessory after the offence is he that receives, favours, aids, assists, or comforts any man that hath done any Murther or Felony, whereof he hath knowledge. Such an Accessory shall be punished, and shall have judgment of life and member, as well as the Principal which did the Felony: but such an Accessory shall never be put to answer that till the Principal be attaint or convict, or be outlawed thereupon. In Manslaughter a man cannot be Accessory before the fact, for Manslaughter ought to ensue upon a sudden debate or affray; for if it be premeditated, it is Murther, Co. l. 4. fo. 44. [...] .
But a Woman in such case shall not be Accessory for helping her husband. In great or high Treason, as well the commanders as the Assisters and receivers are always Principals.
If a man councels a Woman to murther the child in her body, [Page 14] and after the child is born, and then is Murthered by the woman in the absence of him that so gave the counsel; yet he is Accessory by his counselling before the birth of the Infant, and not countermanding it. Dyer fo. 186. pl. 2.
Also one may be Accessory to an Accessory; as if one feloniously receive another that is accessory to Felony, there the Receiver is an Accessory.
Accessory by the Statute is such an one as abets, counsels or receives any may who commits, or hath committed any offence made Felony by Statute: For although the Statute doth not make mention of Accessories, Abettors, &c. yet they are included by the interpretation of the said Statutes. Stamf. Pl. cor. li. 1. c. 45, 46, 47, 48.
See more of Accessory in the said Book of Plees, lib. 1. cap. 44, 59, & 50.
Accompt.
ACcompt is a Writ, and it lies where a Bailiff or Receiver to any Lord, or other man, who ought to render Accompt, will not give his Accompt; then he to whom the Accompt ought to be given shall have this Writ. And by the Statute of Westm. 2. c. 10. if the Accomptant be found in arrerages, the Auditors that are assigned to him have power to award him to prison, there to [Page 15] abide till he have made satisfaction to the party. But if the Auditors will not allow reasonable expence and costs, or if they charge him with more receipts than they ought, then his next friend that will sue for him shall sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff, to take four Mainpernors to bring his body before the Barons of the Exchequer at a certain day, and to warn the Lord to appear there the same day.
Accord.
ACcord is an agreement between two at the least, to satisfie an offence or Trespass that the one hath made to the other, for which he hath agreed to satisfie and content him with some Recompence; which if it be executed and performed, then, because this Recompence is a full satisfaction for the offence, it shall be a good bar in Law, if the other after the Accord performed, should sue again any Action for the same Trespass.
Note, that the first is properly called an Accord, the other a Contract.
Acquital.
ACquital is where there is a Lord, Mesne, and Tenant, and the Tenant holds of the Mesne certain Lands or Tenements in Frank-almoign, Frank-marriage, or such like [Page 16] and the Mesne holds over also of the Lord paramount, or above him. Now ought the Mesne to acquit or discharge the Tenant of all and every manner of Service that any other would have and demand of him concerning the same Lands or Tenements, because the Tenant must do his Service to the Mesne only, and not to divers Lords, for one Tenement or parcel of Land. The same Law is where there is Lord, Mesne, and Tenant, as aforesaid, and the Mesne grants to the Tenant (upon the tenure made between them) to acquit and discharge him of all Rents, Services and such like. This Discharge is called Acquital.
Like Law is, if the Tenant holds of his Mesne by like Service. as the Mesne holds over of the Lord, and the Tenant doth, or pays his Services to the Mesne, but the Mesne doth not his Services to the chief Lord, wherefore he distrains the Beasts of the Tenant. In this case the Mesne, for the equalness of the Services, ought to acquit the Tenant of the Service due unto the Lord. Also there is Acquital in Law, & acquital in fact. Acquital in Law is, when two are appealed or indicted of Felony, the one as Principal, the other as Accessory; the Principal being discharged, the Accessory by consequence is also acquitted: And in this case, as the Accessory is acquitted by the [Page 17] Law, so is the Principal in Fact. Stamf. pl. cor. fol. 168.
Acquittance.
ACquittance is a Discharge in Writting of a Sum of money, other Duty which ought to be paid or done. As if one be bound to pay money upon Obligation, or Rent reserved upon a Lease, or such like, and the party to whom the money or duty should be paid or done, upon the Receipt thereof, or upon other agreement between them had, makes a writing or Bill of his hand in discharge thereof, witnessing that he is paid, or otherwise contented, and therefore doth acquit and discharge him of the same. Which Acquittance is such a Discharge and Bar in the Law, that he cannot demand and recover the sum or duty again, if he produce the Acquittance.
This word differs from that which in the Civil Law is called Acceptation, because that may be by word without writting, and is nothing but a feigned Payment and discharge. though no payment be had: Nor can it be said to be Apocha, which is a witnessing the payment or delivery of money, whch disscharges not unless the money be paid.
Acre.
ACre is a certain parcel of Land that contains in length forty Perches, and in breadth four Perches, or of this quantity, be the length more or less. And if a man will erect a new Cottage, he ought to lay four Acres of Land unto it, according to this measure, 31 Eliz. cap. 7. And with this measure agrees Master Crompton in his Jurisdiction of Courts, fol. 222. Yet he saith, that according to divers customs of several Countries, the Perch differs, being in some places (and most usually) but sixteen foot and an half: But in the County of Stafford the Perch is twenty four foot, as was heretofore adjudged in the Exchequer. In the Stat. made an. 24 H. 8. c. 14 for the sowing of Flax 166 Perches make au Acre. The Ordinance of Measuring of land made an. 34 E. 1. St. 1. agrees with this account.
Action.
ACtion is the form of a Suit given by the Law to recover a thing; as an Action of Debt and such like; or as it is Co. 8. f. 151 a. An Action is a right of prosecuting to judgment that which is due to any one.
See the Lexicon of the Law, for Action.
Action of a Writ.
ACtion of a Writ is a phrase of speech used when one pleads some matter, by which he shews that the Plaintiff had no cause to have the writ which he brought, and yet it may be that he may have another writ or Action for the same matter. Such a Plea is called a Plea to the Action of the Writ: whereas if by the Plea it should appear that the Plaintiff hath no cause to have an Action for the thing demanded, then it shall be called a Plea to the Action.
Action upon the Case.
ACtion upon the Case is a writ brought against one for an offence done without force, as for not performing promise made by the Defendant to the Plaintiff, or for speaking of words by which the Plaintiff is defamed, or for other misdemaenour or deceit; where the whole case shall be contained in the Writ.
Trover, Nusance, Slander of the person, Trade, Title, Escape on mesne Process; For negligent keeping Fire, for inartificial performing work, for turning an ancient Watercourse, for a Commoner against one who digs the soil of his Common, or puts his Cattel into it without right, or incloses part of the Cemmon.
Action mixt.
ACtion mixt is a Suit given by the Law to recover the thing demanded, and damages for the wrong done; as in Ass of Novel dis. which Writ (if the Disseisor make a Feoffm. to another) the Diseissce shall have against the Disseissor and the Feoffee or other Tertenant, and thereby shall recover his Seissn of the land, and his damages for the mean profits, and for the wrong done him. And so is an Action of Waste & Quare impedit. But an Action of Detinue is not called an Action mixt, although by it the thing withheld is demanded, and shall be recovered if it may be found, and damages for the withholding; and if it cannot be found, then damages for the thing and the detaining.
But that is called only an Action personal, because it should be brought only for Goods and Chattels, or Charters.
Action upon the Statute.
ACtion upon the Statute is a Writ founded upon any Statute whereby an Action is given to one in any case where no action was before: As where one commits perjury to the prejudice of another, who is indamaged shall have a Writ upon the Statute, and his case. And the difference between an Action [Page 21] upon the Statute and Action popular is, That where the Statute gives the Suit or Action to the party grieved, or otherwise to one person certain, that is called Action upon the Statute: But where by the Statute Authority is given to every one that will to sue, that is termed Action popular.
Actions personal.
ACtions personal are such Actions whereby a man claims debt, or other Goods and Chattels, or damage for them, or damages for wrong done to his person, and it is properly that which in the Civil Law is called Actio in personam, which is brought against him who is bound by Covenant or Default to give or grant any thing.
Action Popular.
ACtion popular is an Action given upon the breach of some penal Statute, which Action every man that will may sue for himself and the King, by information or otherwise, as the Statute allows, and the case requires. Aud of these Actions there are an infinite number; but one for example: as when any of the Iury, that are impannelled and sworn to pass between party and party indifferently, do take any thing of the one side or other or of both parties, to say their Verdicts on that [Page 22] side, then any man that will, within the year following the offence, may sue a writ called Decies tantum against him or them that so did take to give his Verdict. And because this Action is not given to one especially, but generally to any of the Kings people that will sue, it is called an Action popular. But in this case when one hath begun to pursue an Action, no other may sue it; and in this, as it seems, it varies from an Action popular by the Civil Law.
Actions real.
ACtions real are such Actions whereby the Demandant claims title to any Lands or Tenements, Rents or Commons, in Fee simple, Fee-tail, or for Term of life. Every Action real is either possessory, that is, of his own possession or seisin; or ancestrel, scil of the seisin or possession of his ancestor. Co. lib. 6. fol. 3.
Acts.
ACts of Parliament are positive Laws, which consist of two parts, that is to say, of the words of the Act, and of the sense; and they both joyned together make the Law.
Additions.
ADdition is that which is given to a man besides his proper name and Surname, that is to shew of what Estate, Degree, or Mystery he is, and of what Town, Hamlet, or County.
Additions of Estate are these, Yeoman, Gentleman, Esquire, and such like.
Additions of Degree are these which we call names of Dignity; as Knight, Earl, Marquess, Duke.
Additions of Mystery, are Scrivener, Painter, Mason, Carpenter, and all other of like nature: for Mystery is the craft or occupation whereby a man gets his living.
Additions of Town, as Sale, Dale; and so of the rest.
And where a man hath a houshold in two places, he shall be said to dwell in both of them; so that his Addition in one of them doth sufice.
By the Statute An. 1 H. 5. c. 5. it was or dained that in Suits or Actions where process of Vtlagary lies, such Additions should be to the name of the Defendant, to shew his estate, mystery, and place where he dwells; and that such writs shall abate, if they have not such Additions, if the Defendant take exception thereto; but they shall not abate by the Office of the Court.
[Page 24] Also Duke, Marquess, Earl, or Knight, are none of those Additions, but names of Dignity, which should have been given before the Statute.
And this was ordained by the said Statute, to the iutent that one man might not be grieved nor troubled by the Vtlary of another: But that by reason of the certain Addition every man might be certainly known, and bear his own burthen.
Adjournment.
ADjournment is, when any Court is dissolved and determined for the present, and afsigned to be kept again at another place or time, and (methinks) is compounded of two words ( ad, or al, and jour.)
Admeasurement of Dower.
ADmeasurement of Dower is a writ that lies where a woman is endowed by an Infant or by a Gardian of more than she ought to have; the Heir in such case shall have this writ, whereby the woman shall be admeasured, and the Heir restored to the overplus. But if one abate, that is, one who hath no right enter after the death of the husband, and indow the wife of him that is dead, of more than she ought to have, the Heir shall [Page 25] not have this Writ, but Assise [...] Mort dancestor, against the Woman: and if she plead that she was indowed of the Land as of the Free-hold of her husband, the Heir shall shew how she was indowed by the Abator, and that she had more than she ought to have, and shall pray that he may be restored to the surplusage; and if it be found, he shall be restored.
Admeasurement of Pasture.
ADmeasurement of Pasture is a Writ that lies where many Tenants have Common appendant in another ground, and one overcharges the Common with many Beasts: then the other Commoners may have this Writ against him. And also it may be brought by one Commoner only: but then it ought to be brought against all the other Commoners, & against him that surcharged, for that all the Commoners shall be admeasured.
And this Writ lies not against him nor for him that hath Common appurtenant. or Common in gross; but those who have Common appendant, or Common because of vicinage.
See the diversity of all these Commons afterwards in the title of Common.
Also this Writ lies not for the Lord, nor against the Lord, but the Lord may distrain the beasts of the Tenant that [Page 26] are surplusage. But if the Lord overcharge the Common, the Commoner hath no remedy by the Common Law, but an Assise of his Common.
Administrator.
ADministrator is he to whom the Ordinary commits the Administration of the goods of a dead man for default of an Executor, and an Action shall lie against him, and for him, as for an Executor, and he shall be charged to the value of the Goods of the dead man, and no further, unless it be by his own false Plea, or by wasting the goods of the dead. If the Administrator die, his Executors are not Administrators, but it behoves the Ordinary to commit a new Administration. And if a stranger that is not Administrator nor Executor take the Goods of the dead, and administer of his own wrong, he shall be charged and sued as an Executor, and not as Administrator, in any Action brought against him by any Creditor. But if the Ordinary make a Letter ad colligendum bona defuncti, he that hath such a Letter is not Administrator, but the Action lieth against the Ordinary, as well as if he take the goods in his own hand, or by the hand of any of his Servants by any other Commandment.
[Page 27] There is also another sort of Administrator, where one makes his will and makes an infant under the age of 17 his Executor. The Bishop commits Administration to some friend during the nonage of the Executor, which Administrator if he sue, does not declare that the deceased died intestate. Which Administration ceases when the Infant is 17 years old.
Admiral.
ADmiral is a high Officer that has the Government of the Kings Navy, and the hearing and determining of all Causes, as well civil as criminal belonging to the Sea; and to that purpose hath his Court called the Admiralty. He may cause his Citation to be served upon the Land, and take the paries body or goods in execution upon the Land.
Also he hath cognizance of the death or maihem of a man, committed in any great Ship fleeting in great Rivers in the Realm, beneath the Bridges of the same next the Sea.
Also to arrest Ships in the great Streams for the Voiages of the King and Realm; and hath Iurisdiction in the said Streams during the same Voiages.
Ad quod damnum.
AD quod Damnum is a Writ which ought to be sued before the King grant certain Liberties, as a Fair, Market, or such like, which may be prejudicial to others. And thereby it shall be required if it should be a prejudice to grant them, and to whom it shall be prejudicial, and what prejudice shall come thereby
There is also another Writ of Ad quod damnum, if any one will turn a Common high-way and lay out another way as veneficial. Both which (though found to be prejudicial) may be traversed in another Action, although the King hath made his grant pursuant to the Verdicts of the Iury.
Advent.
ADvent is a time which contains about a month next before the Feast of the Nativity of our Saviour Christ. In which our 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 [Page 29] 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:
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 [Page 31] 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 [Page 33] 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.
[Page 34] 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, [Page 35] 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, [Page 36] 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, [Page 37] 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, [Page 38] 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 [Page 39] 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 [Page 40] 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 have any real or personal Action concerning land, but in every such Action the Tenant or Defendant may plead that he was born in such a place, which is not within the Kings liegeance, and demand judgment if he shall be answered.
Every alien friend may by the Common Law have and get within this realm, by gift, trade, or other lawful ways, any treasure or personal goods whatsoever, as well as any Englishman, and may maintain any Action for the same. But Land within this realm or houses (if not for their dwelling only) Alien friends connot have nor get, nor maintain any Action real or personal for any Land or House, unless the House be for their necessary dwelling. An Alien enemy cannot maintain any Action, nor get any thing within this Realm. And the reasons why aliens born are not capable of inheritance within England, are;
1. The Secrets of the Realm may by this be discovered.
2. The Revenues of the Realm shall be taken and injoyed by Strangers born.
[Page 41] 3. This will tend to the destruction of the Realm. First, in the time of war, for then Strangers may fortifie themselves in the heart of the Realm, and set in combustion the Common-wealth. Secondly, in the time of peace, for by such means many Aliens born may get a great part of the Inheritance and free-hold of the Realm, by which there would ensue a want of Iustice, the supporter of the Common-wealth, for this that Aliens cannot be returned of Iuries, nor sworn for the tryal of Issues between the King and Subject, or between Subject and Subject. Vide Coke lib. 7. Calvins Case.
Alienation.
ALienation is as much to say as to make a thing another mans, or to alter or put the possession of Lands or other things from one man to another. And in some cases a man hath power in himself so to do, without the assent or licence of any other, and in some not. As if Tenant in chief alien his estate without the Kings licence, then by the St. of 1 Ed. 3. c. 12. a reasonadle Fine shall be taken, where at the Common Law before the said St. the Lands and tenements held in chief of the K. and aliened without licence, have been held forfeited. And if the K's Tenant that holds in chief intended to alien unto C. to the use of D. and [Page 42] hereupon if he purchase Licence to alien to C. and accordingly aliens to C. to the use of D. which use is not mentioned in the Licence; in this case he shall pay but one Fiue, for it is but one Alienation. Coke lib. 6 fol. 28. But if a man will alien Lands in Fee-simple to an House of Religion, or to a body incorporate, it behoves him to have the Kings Licence to make this Grant or Alienation, and the chief Lords of whom such lands are held, &c. otherwise the land so alienated in Mortmain shall be forfeited by the Statute of 15 R. 2. cap. 5.
Allay.
ALlay is the Temper or mixture of Gold and Silver with baser metal, for the increasing the weight of it so much as might countervail the Kings charge in the coyning. This word is used in the Statute of 9 H. 5. cap. 11. for the payment of English Gold by the Kings weight.
Almner.
ALmner is an Officer of the Kings house, whose Office is to distribute the Kings Alms every day; and to that purpose he hath the collecting of all Forfeitures of Deodands, and of the goods of Felons de se, which the King allows him to dispose in Alms to the poor. [Page 43] And of his Office, see Flets, lib. 2. cap. 22.
Almoin.
ALmoin, See Aumone.
Alnager.
ALnager is an Officer of the Kings, who by himself, or by his Deputy looks to the Assise of all Cloth made of Wool throughout the Land, and to put a Seal, for that purpose ordained, unto them. 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. And he is to be accomptable to tae King for every Cloth that is so sealed in a Fee or Custom hppertaining to it.
Altarage.
ALtarage in Latin, Altaragium, signifie Duties and Offerings to holy Altars mention'd 2 Cro. Rep. 516. that a Vicarage was endowed with it and small Tythes.
Ambidexter.
AMbidexter is he that, when a matter is in suit between men, takes money of the one side and of the other, either to labour the Suit, or such like; or if he be of the Iury, to give his Verdict.
Amendment.
AMendment is, When Error is in the Process, the Iustices may amend it after Iudgment. But if there be Error in giving Iudgment, they may not amend it, but the party is put to his Writ of Error. And in many cases, where the default appears in the Clerks that writ the Record, it shall be amended: but such things as come by information of the party, as the Town, Mystery, and such like, shall not be amended, for he must inform true upon his peril.
Amercement.
AMercement most properly is a Penalty assessed by the Peers or equals of the party amerced, for an offence done; as for want of Suit of Court, or for not amending someting that he was appointed to redress by a certain time before, or for such like cause; in which case the party who offends puts himself in the mercy of the King or Lord, and thereupon this Penalty is called Amerciament.
And there is a difference between Amerciaments and Fines, Kitch. 214. For Fines are Punishments certain, which grow expressy from some Statute; [Page 45] and Amerciaments are such which are arbitrarity imposed by the Affeerors, which Kitchin seems to confirm fol [...] 8. in these words, The Amerciament is affeered by Equals.
Also it appears, Coke lib. 8. fol. 39. That a Fine is always imposed and assessed by the Court, but Amerciament, which is called in Latin Misericordia, is assessed by the Country.
Another diversity there is: as if a man be convict before the Sheriff of the County of a Recaption, he shall be only amerced, but if he be convict of this in the Common Bench, he shall be fined. And the reason of this diversity is, That the County Court is not a Court of Record, and therefore cannot impose a Fine, for no Court can impose a Fine but such a Court as is of Record, Cok. lib. 8. fol. 41. a. If the Defendant or Tenant plead a false Deed to him, or deny his own Deed, and this is found against him, or he, leaving his own Verification, acknowledges the Action; he shall be fined for his falsity, because we ought to be sure of our own Acts. But if one deny the Deed of his Ancestor, and this is found against him, yet he shall not be fined, but amerced only, because it was the act of a Stranger. Co. lib. 8. fol. 60. a. see more there.
Amercement royal.
AMercement royal is, when a Sheriff, Coroner, or other such Officer of the King, is amerced by the Iustices for his abuse in the Office. Learn if it should not be called a Fine.
Amoveas manus.
AMoveas manus. See Ouster le mayne.
An, jour, & wast.
AN, jour, & wast, is a Forfeiture when a man hath committed petit Treason or Felony, and hath Lands holders of some common person, which shall be seised for the King, and remain in his hands by the space of one year and a day next after the Attainder; and then the Trees shall be pulled up, the Houses razed and pulled down, and the Pastures and Meadows eyred and plowed up; unless he to whom the Lands should come by escheat or forfeiture redeem it of the King. A thing the more to grieve the offendors, and terrifie others to fall into the like, in shewing how the Law doth detest the offence so farr forth, as that it doth execute judgment and punishment even upon their dumb and dead things.
Aniente.
ANiente comes from the French Aneantir, that is, annihiliare; for Aniente in our Law-language signifies as much as frustrated or made void, and is used by Littleton in his 741. Section.
Annates.
ANates is a word used in the Statute of 25 Hen. 8. cap. 20. and seems to all one with First-fruits: for so Pol. Virgil. de Inventione rerum, lib. 8. cap. 2. says, That Annatarum usus multo antiquior est quam recentiores quidam scriptores suspicantur, & Annatas (more suo) appellant primos fructus unius anni Sacerdotii vacantis, aut dimidiam eorum partem.
Annua pensione.
ANnua pensione is a Writ by which the King, having due unto him an annual Pension from any Abbot or Prior for any of his Chaplains which he will name, who is not provided of a competent Living, demands it of the said Abbot or Prior for one that is named in the same Writ, until, &c. and also commands him, for the better certainty of his Chaplain, to give his Letters [Page 48] Patents to him for the same. See Fitzherb. Nat. Brē fol, 231. where you may also see the names of all the Abbies and Priories which were bound to this in respect of their foundation or creation, and also for the form of the Letters Patents usually granted upon such a Writ.
Annuity.
ANnuity is a certain Sum of money granted to another in Fee-simple, Feetail, for term of Life, or for term of years, to receive of the Grantor, or of his Heirs, so that no Free-hold is charged therewith, whereof a man shall never have Assise nor other Action, but a Writ of Annuity; and it is no Assets to the Heir of the Grantee, to whom it shall descend.
There are many differences between Annuities and Rents: For every Rent is issuing out of Land, but an Annuity is not, but charges the person, that is, the Grantor or his Heirs, which have Assets by descent, if some special proviso be not to the contrary: as Littl. Sect. 220.
Also for an Annuity no Action lies, but only a Writ of Annuity against the Grantor, his Heirs or Successors: and this Writ of Annuity never [Page 49] lies against the taker of the profits, but only against the Grantor, or his Heirs. Whereas for a Rent the same Actions he against the Tenant of the Land, and sometimes against him that is taker of the Rent, that is, against him that takes the Rent wrongfully. Also au Annuity is not to be taken for Assets, because it is not any Free-hold in Law. And it shall not be put in Execution upon a Statute-Merchant, or Statute-Staple, or Elegit, as a Rent may. Doct. & Stud. cap. 30. See Dyer fol 345. pla. 2. Also an Annuity cannot be fevered, Co. l. 8. fol. 52. b. according to the Verse there:
Let no Judge himself endeavour Annuities or Debts to sever.
Anoysance.
ANoysance is a word used in the Statute of 22 Hen. 8. cap. 5 and signifies no more than Nusance, and therefore see Title Nusance.
Apostata capiendo.
APostata capiendo is a Writ directed to the Sheriff, for the taking of the body of one who, having entred into, and professed some order of Religion, leaves his said order, and departs from his house, and wanders in the country: vpon a Certificate [Page 50] of this matter made by the Soveraign of the House in the Chancery, and the praying of the said Writ, he shall have it directed to the Sheriff for the apprehending of him, and redelivery of him to the said Sovereign of the House, or his lawful Attorney. See the form of it in Fitz. Nat. Br. 233. c.
Appeal.
APpeal is where one hath done a Murther, Robbery, or Maihem, then the wife of him that is slain shall have an Action of Appeal against the Murtherer; but if he have no wife, then his next Heir-male shall have the Appeal at any time within a year and a day after the deed.
Also he that is so robbed or maimed shall have his Appeal: and if the Defendant be acquitted, he shall recover damages against the Appealer and the Abettors, and they shall have the imprisonment of a year, and shall make fine to the King. An Appeal of Mathem is in manner but a Trespass, for he shail only recover damages.
Appeals are commenced two ways, either by Writ or by Bill. By Writ, when a Writ is purchased out of the Chancery by one man against another, commanding him that he shall appeal a third man of some Felony or other offence by him committed, and to find pledges that he [Page 51] shall do this with effect; and this Writ is to be delivered to the Sheriff to be recorded.
Appeal by Bill is, when a man of himself gives his accusation of another man in writing to the Sheriff or Coroner, and takes upon himself the burthen of appealing him that is named in the said writing. Appellant is the Plaintiff in the Appeal.
Appendant & Appurtenant.
APpendant & Appurtenant are things that by time of prescription have belonged, appertained, and are joyned to another principal thing, by which they pass and go as accessary to the same special thing, by virtue of these words, Pertinentiis, as Lands, Advowsons, Commons, Piscaries, Ways, Courts, and divers such like to a Mannor, House, Office, or such others.
Apportionment.
APportionment is a dividing into parts a Rent which is dividable, and not entire or whole; and forasmuch as the thing out of which it was to be paid is separated and divided, the Rent also shall be divided, having respect to the parts, As if a man have a Rent-Service issuing out of Land, and he purchases parcel of the [Page 52] Land, the Rent shall be apportioned according to the value of the Land.
So if a man hold his Land of another by Homage, Fealty, Escuage, and certain Rent, if the Lord of whom the Land is holden purchase parcel of the Land, the Rent shall be apportioned.
And if a man let Lands for years, reserving Rent, and after a stranger recover part of the Land; then the Rent shall be apportioned, that is, divided, and the Lessee shall pay, having respect to that which is recovered, & to that which yet remains in his hands, according to the value.
But a Rent-charge cannot be apportioned, nor things that are entire: As if one hold Land by Service to pay to his Lord yearly at such a Feast an Horse, an Hawk, a Rose, a Cherry, or such like; there if the Lord purchase parcel of the land, this Service is gone absolutely, because an Horse, an Hawk, a Rose, a Cherry, and such other, cannot be divided or apportioned, without damage to the whole.
In some cases Rent-charge shall be apportioned: as if a man hath a Rent-charge issuing out of Land, and his Father purchases parcel of the Lands charged in fee, and dies, and this parcel descends to his son who hath the Rent-charge; there this charge shall be apportioned according to the value of the land, because such portion of the [Page 53] Land purchased by the Father, comes not to the son by his own act, but by descent and course of Law.
Common appendant is of a common right and severable; and although the Commoner in such case purchase parcel of the Land wherein the Common is appendant, yet the Common shall be apportioned: but in this case Common appurtenant and not appendant by such purchase is extinct. Coke lib. 8. fol. 79.
Appropriations.
APpropriations were, when those Houses of Religion, and those religious persons, as Abbots, Priors, and such like had the Advowson of any Parsonage to them and their Successors, and obtained licence of the Pope, Ordinary, and King, that they themselves and their Successors from thenceforth should be Parsons there, and that it should be from thanceforth a Vicarage, and the Vicar should serve the Cure. And so at the beginning Appropriations were made only to those persons Spiritual that could administer the Sacraments and say divine Service, as Abbots, Priors, Deans, and such like. After by little and little they were enlarged and made to others, as namely to a Dean and Chapter, which is a Body corporate, consssting of [Page 54] many, which Body together could not say divine Service; and (which was more) to Nuns that were Prioresses of some Nunnery, which was a wicked thing, in regard that they could neither administer Sacraments, nor preach, nor say divine Service to the Parishioners.
And all this was upon pretence of Hospitality and maintenance thereof. And to supply these defects a Vicar was devised, who should be Deputy to the Priors or to the Dean and Chapter, and also at the last to the said Abbots, and others to say divine Service, and should have for his labour but a little portion, and they to whom the Appropriations were made should retain the greater revenues; and they did nothing for it, by means whereof Hospitality decayed in the place where it ought to have been chiefly maintained, namely, in the Parish where the Benefice was, and where the profits grew: and so it continues to this day, if not worse, since not only Friers and Nuns, but Lay-men and seculer women are possessed of them, to the great hinderance of Learning, impoverishment of the Ministry, and infamy of the Gospel and professors thereof.
The Vicar shall have a certain portion of the Benefice, and the Abbot and the Covent shall be Parsons, and shall have the other profits. This is called Appropriation, [Page 55] and then the Abbot and Covent shall be Parsons emparsonees: but such Appropriation may not be made to begin in the life of the Parson, without his assent.
And after the Church was appropriated, then was it an incident inseparable to the House of Religion to which it was so appropriated. And therefore where the Lands of the Templars in England were given by the general words of an Act of Parliament of 17 E. 2. to the Hospitallers, it was adjudged, That the Hospitaliers by the said Act should not have the Appropriation, for it was inseparably annexed to the Corporation of the Templars: which thing consisting in an inseparable privity, by the general words of an Act of Parliament shall not be transferred to others. Coke lib. 7. fol. 13. a.
But if such Advowsons of the Parsonage be recovered by ancient Title, then the Appropriation is adnulled. And it is called Appropriation, for that they hold the profits to their own proper use.
Approvement.
APprovement is, where a man hath Common in the Lords waste ground, and the Lord incloses part of the Waste for himself leaving nevertheless sufficient Common, with egress [Page 56] and regress, for the Comm [...] ners. This inclosing is called Approvement. See Reg. Jud. fol. 8, & 9.
Approver.
APprover or Appellor is he who hath committed some Felony, which he confesses, and now appeals or approves, that is, accuses others who were Coadjuters or Helpers with him in doing the same or other Felonies, which thing he will approve. And this proof is to be either by Battel, or by the Countrey, at his election that appealed. This accusation is often done defore the Coroner, who either is assigned to the Felon by the Court to take and record that which he saith; or is called by the Felon himself, and required, for the good of the Prince and Common wealth, to record that which he shall say. The Oath of the Approver when he begins the combate, as also the Proclamation by the Heraulds, appear in Crompt. pag. ult.
If a man of good fame be appealed by an Approver, by which he is taken and kept in prison, yet he may have a Writ to be directed to the Sheriff, commanding him to suffer the party appealed to be bailed by good Sureties. But if a man appealed by an Approver be kept in prison, and afterwards [Page 57] the Approver dies, there he may sue a Writ directed to the Sheriff, to suffer him to be bailed upon good Surety, if he be not a notorious Felon, although he be not of good fame. Fitz. N. B. 250. d.
The Kings Approvers.
THE Kings Approvers are those that have the letting of the Kings Demeans in small Mannors for the Kings greater advantage. And for such Approvers you may read in the Stat. 2 E. 3. c. 12. that they were men s [...] nt into divers Countries to increase the Farms of Hundreds and Wapentakes. And you may see in the Statute made in 1 E. 3. c. 8. that the Sheriffs call themselves the Kings Approvers.
Arbitrement.
ARbitrement is an award, Determination, or Iudgement, which one or more makes at the request of two parties at the least, for and upon some Debt, Trespass, or other Controversie had between them. And this is called in Latin Arbitratus, and Arbitrium; and they tha [...] make the Award or Arbitrement are called Arbitri, in English Arbitrators
To every Arbitrement five things are incident; sc. Matter of Controversie, Submission, [Page 58] Parties to the Submission, Arbitrors, and giving up of the Arbitrement. Dyer 217. pl. 62. If the Arbitrement be made, that the one party shall go quit of all Actions which the other hath against him, and nothing is said of the Actions which he hath against the other; this Arbitrement is void because it was made of the one part, and not of the other. 7 H. 6. ca. 40.
When a Submission to an Arbitrement is general of all Actions, &c. and the Arbitrator makes an Award only of one; yet this may well stand with the generality of the words, that there was but one Cause depending between them; for, A generality implies no certainty. And if the Arbitrement should be for this avoided, then many Arbitrements might be avoided; for the one might conceal a Trespass done, or other cause of Action given him, and so avoid the Arbitrement. Also no party to any Arbitrement shall be by it bound, unless the Award be delivered unto him, as it is in Co. lib. 5. f. 103. See Co. l. 8. fol. 98.
Arches.
ARches (or the Court of the Arches) is the chief and most ancient Consistory belonging unto the Archbishop of Canterb. and, it is called from the Arches of the Church where the Court is kept, namely, Bow-Church in London. And of this Cour [...] [Page 59] mention is made in Stat. 24 H. 8. cap. 12. touching Appeals.
Arms.
ARms, in the understanding of the Law, is extended to any thing that a man, in his anger or fury takes into his hand to cast at, or strike another. Cromp. Justice of Peace. fol. 65. a.
Array.
ARray is the taking or ordering a Iury or Enquest of men that are impannelled upon any cause, 18 H. 6. cap. 14. from whence comes the Verb, to array a pannel, Old N. B. f. 157. that is, to set forth one by another the men that are impannelled. The Array shall be quashed, ibid. By Statute every Array in Assise ought to be made four dayes before. Brook tit. Pannel. num. 10. To challenge the Array. Kitch. 92.
Arrain.
ARrain is to put a thing in order or in his place: As one is said to arrain an Assise of Novel Disseisin in the County in which it ought to be brought for trial before the Iustices of that Circuit, Old N. B. fol. 109. And in such sense Litt. hath used the same word, The Lessee attains [Page 60] an Assese of Novel Disseisin. Also a prisoner is said to be arraigned, when he is indicted and put to his trial.
Arrerages.
ARrerages are Duties behind unpaid after the days and times in which they were due, and ought to have been paid, whether they be Rents of a Manor; or any other thing reserved.
Arrest.
ARrest is when one is taken and restrained for his liberty. None shall be arrested for Debt, Trespass, Detinue, or other cause of Action, but by virtue of a precept or commandment out of some Court. But for Treason Felony, or breaking of the Peace, every man hath authority to arrest without warrant or Precept. And where one shall be arrested for Felony, it behoves that some Felony be done, and that he be suspected of the same Felony; or otherwise he may have against him that did so arrest him a Writ of False imprisonment. And when any man shall be arrested for Felony, he shall be brought to the Goal, there to abide till the next Sessions, to be indicted or delivered by Proclamation.
Arretted.
ARretted is he that is convented before any Iudge, and charged with a crime. Sometimes it is used for imputed or laid unto: As no folly can be arretted to him that is within age, Lit. cap. Remit. This word may come of the Latiu word Rectus, for Bacton hath this Phrase, Ad rectum habere malefactorem, so that he may be charged and put to his trial. And in another place he saith, Rectarus de morte hominis.
Assach.
ASsach seems to be a Brittish word, and to signifie a strange kind of Excuse or Purgation by the Oaths of 300. men. Anno 1 H. 5. cap. 5.
Assart.
ASsart is an offence committed in the Forest, by pulling up by the Roots the Woods which are thickets or coverts of the Forest, and by making them as plain as the arable Land. This Assart of the Forest is the greatest offence or trespass that can be done in the Forest to Vert or Venison, containing in it Waste, or more: For where Waste of the Forest is nothing [Page 62] but the felling and cutting down of the Covert wood, which may in time grow again; an Assart is a pulling up by the root, by which they can never grow again. Man. part. 2. c. 9. num. 1. A writ of Ad quod damnum may be awarded, where a man will sue licence to assart his Land within the Forest, and make it several for Tillage; so that it is no offence if it be done by licence. Regist. orig. fol. 257.
Assault.
ASsault (from the French Assaillir) signifies a violent kind of injury offered to a mans person, of a more large extent than Battery; for it may be committed by offering a blow, or by a terrifying speech. Lamb. Eiren. lib. 1. cap. 3.
Assayer.
ASsayer is an Officer of the Mint appointed by the Stat. of 2 H. 6. c. 12. to be present at the taking in of the Bullion as a party indifferent between the Master of the Mint and the Merchant, to set the true value of the Bullion according to the Law.
Assets.
ASsets is in two sorts; the one called Assets per discent, the other, Assets enter maines. Assets [...] discent is, where a man is bound in an Obligation, and dies secised of Lands in Feesimple, which descend to his Heir, then his land shall be called Assets, that is, enough or sufficient to pay the same debt; and by that means the Heir shall be charged as far as the Land so to him descended will stretch. But if he have aliened before the Obligation be put in Suit, he is discharged.
Also when a man seised of lands in tail, or in the right of his wife, aliens the same with warranty, and hath in value as much Lands in Fee-simple, which descends to his Heir, who is also Heir in Tail, or Heir to the woman: now if the Heir, after the decease of his Ancestor, bring a Writ of Formedon, or Sur cui in vita, for the land so aliened; then he shall be barred, by reason of the Warranty, and the land so descended, which is as much in value as that which was sold, and so thereby he hath received no prejudice. Therefore this Land is called Assets per discent.
Assets enter maines is, when a man indebted (as before is said) makes Executors, and leaves them sufficient to pay, or [Page 64] some commodity or profit is come unto them in right of their Testator; this is called Assets in their hands.
Assignee.
ASsignee is he to whom a thing is appointed or assigned to be used, paid, or done; and is always such a person who occupres or hath the thing so assigned in his own right, and for himself. And of Assignees there are two sorts, namely, Assignee in Deed, and Assignee in Law.
Assignee in Deed is, when a Lease is granted to a man and his Assignees, or without that word, Assignees, and the Grantee gives, grants, or sells the same Lease to another, he is his Assignee in Deed. Assignee in Law is every Executor named by the Testator in his Testament. As if a Lease be made to a man and his Assignees (as is aforesaid) and he makes his Executors, and dies without assignment of the Lease to any other; the Executors shall have the Lease, because they are his Assignees in Law. And so it is in other cases.
Assise.
ASsise is a Writ that lies where any man is pur out of his lands tenements, or of any [Page 65] profit to be taken in a certain place, and so disseised of his Free-hold. Free-hold to any man is, where he is seised of lands and tenements, or profit to be taken in Fee-simple, Feetail. for term of his own or another mans life. But Tenant by Elegit, Tenant by Stat Merchant and Stat. Staple may have Assise, though they have no Free-hold; and this is ordained by divers Statutes.
In an Assise it is needful always that there be one Disseisor and one Tenant, or otherwise the writ shall abate.
Also where a man is disseised and recovers by Assise of Novel Disseisin, and afterward is again disseised by the same Disseisor, he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition; and if the Redisseisin be found, he shall be sent to prison. Also if one recover by assise of Mortduncaster, or by other Iury, or default, or by reddition, and if he be another time disseised, then he shall have a Writ of Post Disseisin; and he who is taken and imprisoned for Redisseisin, shall not be delivered without special commandment of the King. See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26.
There is also another assise, called Assise of Fresh force, and lies where a man is disseised of tenements which are devisable, as in the City of London, or [Page 66] other Boroughs or Towns that are Franchises; then the Defendant shall come unto the Court of the said Town, and enter his Plaint, and shall have a Writ directed to the Mayor or Batleffs, &c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin. But he must enter his Plaint within forty days, as it is said, or otherwise he shall be sent to the Common Law. And if the Officers delay the Execution, then the Plaintiff shall have another Writ to have Execution, and a Sicut alias, and a Pluries, &c. See Littleton cap. Rents.
Assise de darrain Presentment.
ASsise de darrain Presentment. See Quare impedit.
Also there is an Assise of Nusance called Assisa Nocumenti.
Assise of the last Presentation.
Assise de Mortdancestor.
ASsise de Mortdancastor, Look in the title of Cosinage.
Association.
ASsociation is a Patent sent by the King, either of his own motion, or at the suit of the [Page 67] party Plaintiff to the Iustices of Assise, to have other persons associated to them to take the Assise: And upon this Patent of Association, the King will send his Writ to the Iustices of Assise, by it commanding them to admit them that are so sent.
If the King makes three Iustices of Assise, and afterwards one of them dies, there the King may make a Patent of Association to another, to associate him to the two, in place of him that is dead; and a Writ which shall be close, directed to the two Iustices that are alive, to admit him. F. N. B. 185.
Assoil.
ASsoil comes from the Latin absolvere, and signifies to deliver or discharge a man of an Excommunication; and so it is used by Stamford, in his Plcas of the Crown, lib. 2. cap 18. fol. 71. b.
Assumpsit. See Nude Contract.
ASsumpsit is a voluntary promise made by word, by which a man assumes and takes upon him to perform or pay any thing to another. This word contains in it any verbal Promise made upon consideration, which the Civilians express by several words, according to the nature of the Promise; calling [Page 68] it sometimes Pactum, Promissionem, other times Sponsionem, Pollicitationem, or Constitutum.
Attach.
ATtach is a Taking or Apprehending by Command or Writ. There are some differences between an Arrest and an Attachment; for an Arrest proceeds out of the inferiour Courts by Precept, and Attachment out of the Superior Courts by Precept or Writ. Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man, whereas an Attachment is sometimes upon the Goods only; as Kitch. fol. 279. b. saith, a man may attach a Cow, and in another case, that a man may be attached by an hundred Sheep; and it is sometimes awarded upon the Body and Goods together at one and the same.
Attachment differs from a Capias, for Kit. fol. 79. b. hath these words, Note that in a Court of Baron a man shall be attached by goods, and a Capias shall not go out thence: By which it seems Attachment is more general, extending to the taking of Goods, where a Capias extends to the taking of the Body only.
An Attachment differs from a Distress, as appears by Kit. fol. 78. a. where he saith, Process in Court Baron is Summons [Page 69] Attachment, and Distress, which are Process at the Common Law.
There is also an Attachment of Priviledge: and this is twofold; either giving power to apprehend a man in a place priviledged, or by vertue of an Office or Priviledge; as to call another to that Court to which he himself belongs, and in respect of which he is priviledged. New Book of Entries, fol. 431. a.
And there is a Process called a Foreign Attachment, which is used to attach the goods of Foreigners found within any Liberty or City, for a Debt due to the party himself. And, by the custome of some places, a man may attach goods in the hands of a stranger: As if A. ows to B. ten pounds, and C owes A. another Summe of money, B. may attach the goods of A. in the hands of C. to satisfie himself in part or all, as the Debt is.
Also there is Attachment of the Forest, which is a Court there held every forty days throughout the year: In which the Verderors have not any authority. but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers, that they may be presented at the next Iustice seat in Eyre. Manwood, part 1. pag. 93. cap. 22.
Attainder.
ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before: As if a man have committed Felony, Treason, or such like, and thereof is convicted, arraigned, and found guilty, and hath Iudgment, then he is said to be Attainted. And this may be two ways; the one upon Appearance, the other upon default. The Attainder upon Appearance is by Confession, Batrail, or Verdict: the Attainder upon Default is by Process until he be outlawed.
Attaint.
ATtaint is a Writ that lies where false Verdict is given by twelve men, and Iudgment given thereon, then the party against whom they have passed, shall have a Writ against the twelve men, and when they are at issue, it shall be tried by twenty four Iurors, and if the false Verdict be found, the twelve men are attaint; and then the Iudgment shall be, That their Meadows shall be eyred, their Houses broken down, their Woods turned up, and all their Lands and Tenements forfeited to the King: But if it pass against him that brought that Attaint, he shall be Imprisoned, and grievously [Page 71] ransomed at the Kings will. See the Statute 23 Hen. [...]. cap. 3. Attaint also is when Iudgment is given in Treason or Felony.
Attendant.
ATtendant is where one ows a duty or service to another, or as it were depends upon another: As if there be Lord, Mesne, and Tenant, the Tenant holds of the Mesne by a peny, the Mesne holds over by two pence, the Mesne releases to the Tenant all the right which he hath in the Land, & the Tenant dies; his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny, and not of the third part of two pence; for she shall be endowed of the best possession of her husband. Also where the wife is endowed by the Gardian, she shall be attendant to the Gardian and to the Heir at his full age.
Attournment.
ATtournment is, when one is Tenant for term of Life, and he in Reversion or Remainder grants his right or estate to another, then it behoves the Tenant for life to agree thereto; and this agreement is called an Attournment. For if he in the Reversion grant his estate and right to another, if the Tenant for life attourn not, nothing passes by the grant.
[Page 72] But if it be granted by Fine in Court of Record, he shall be compelled to attourn. And see thereof after, Title Quid juris c [...] mat, and in Littl. lib. 3. cap. 10.
Atturney.
ATturney is one appointed by another man to do something in his stead, whom West hath defined thus, Attorneys are such persons as by consent, commandment or request, take care of, see to, and undertake the Charge of other mens Business in their absence.
And where in ancient time those of authority in Courts have had it in their dispose, when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem đ Attornato faciendo, where it is shewed, that men were driven to procure the Writs, or Letters Patents of the King to appoint Atturneys for them; it is now provided by divers Stat. that it shall be lawful so to do without any such circuity. And there is great diversity of Writs in the table of the Register, by which the King commands his Iudges to admit of Atturneys.
By which means at last there were so many unskilful Atturneys, and so many mischiefs by them, that an Act was 4 H. [Page 73] 4 c. 18. ordained for their restraint, that the Iustices should examine them, and put out the unskilful: and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk.
In what cases a man at this day may have an Atturney, and in what not, see F. N. B. in the place before cited.
Atturney is either general, or special, Atturney general, is he that is appointed to all our Affairs or Suits; as the Atturney general of the King. Atturney general of the Duke, Cromp. 105. Atturney special or particular is he that is imploi [...] d in one or more things particularly specifyed. Atturneys general are made two ways, either by the Kings Letters Patents, or by our own appointment, before Iustices in Eyre in open Court. See Glan. lib. 11. cap. 1. Brit. 126.
Audience Court.
AUdience Court (Curia audientiae Canturiensis) is a Court belonging to the Archbishop of Canterbury, of equal Authority with the Arches Court, though inferior both in dignity and antiquity. Of which you may read more in a Book entituled, De antiquitate Ecclesiae Britannicae historia.
Audita Querela.
AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant, Statute-Staple, or Recognisance, or where Iudgment is given against him for Debt, and his body in Execution thereupon; then if he have a Release, or other matter sufficient to be discharged of Execution, but hath no day in Court there to plead it, then he shall have this writ against him which hath recovered, or against his Executors.
Auditor.
AUditor is an Officer of the King, or some other great person, who, by yearly examining the Accounts of all under-Officers accountable, makes up a general Book, that shews the difference between their Receipts or Charge, and their Payments or Allowances. See the Statute 33 H. 8. c. 33.
There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account, who take the Account and put it in form into Writing, and then it is inrolled, and the Plaintiff pleads to it, and the Defendant replies, if occasion be, and so go to issue upon divers [Page 75] points and particulars of the Account.
Average.
AVerage is that Service which the Tenant owes his Lord, to be done by the Beasts of the Tenant: and it seems to be deriv'd from the word Averia, because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise. This word also hath another signification, and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution, which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship, or of the goods or lives of them that are therein.
Averment.
AVerment is, where a man pleads a Plea in Abatement of the Writ, or Bar of the Action, which he saith he is ready to prove as the Court will award. This offer to prove the Plea is called an Averment.
Also there is a Writ called a Writ of Averment, which is made out of any of the Law Courts of Westminster-Hall when the Action is depending, when the Sheriff upon a Distringas [Page 76] returns small issues; then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant, and if it be found he may, then he must return more issues to force the Defendant to appear to the Plaintiffs suite, or to do what the Distringas required him to do.
Averpeny.
AVerpeny is, to be quit of divers sums of money for the Kings arrerages.
Augmentation.
AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth. And the cause thereof was, that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year, not printed. For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary, Sess. 2. cap. 10. which she afterward put in execution by her Letters Patents. The name of the Court arises from this, That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the [Page 77] King reserved to the Crown, and neither gave nor sold to others. But the Office of Augmentation remains to this day, wherein there are many Records of great use and importance.
Aumone.
AUmone, or Tenure in Almoin, is Tenure by Divine Service; for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims, whereof some Service is reserved to the Feoffer or Donor.
Auncel weight.
AUncel weight was an ancient manner of Weighing in England, by the hanging of balances or hooks at each end of a staff, which the party lifted up upon his finger, or with his hand, and so discerned the equality or difference of the things weighed. But this weight being subject to much deceit, many Statutes were made to out it; as the Stat. of 25 E. 3. c. 9. & 34 E. 3. c. 5. & 8 H. 6. c. 5. and others. And it was called Auncel weight, as much as to say Handsale Weight.
Ancient or Ancient Demesne.
ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor, and which he caused to be written in a Book called Dooms-day, sub titulo Regis. and all the Lands holden of the said Manors, are held; and the Tenants shall not be impleaded out of the said Manors; and if they be, they may shew the matter, and abate the Writ: but if they answer to the Writ, and Iudgment be given, then the Lands become frank-free for ever, until that Iudgment be reversed by writ of Disceit. Ra. Ent. 100, 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T [...] ll for all things concerning their sustenance and Husbandry in ancient Demesne, and for such Lands they shall not be put or impannelled upon any Enquest. But all the Lands in Ancient Demes [...] e that are in the Kings hands are frank-free, and pleadable at the Common Law. See more after in the Title Sokmans.
Avoir de pois.
AVoir de pois is as much as to say, true or just weight: And it signifies in our Law [Page 79] Two things; first a kind of weight diverse from that which is called Troy Weight, which hath but 12 ounces to the pound, whereas Avoir de pois hath 16. Secondly, it signifies such Merchandises as are weighed by this weight, and not by Troy weight. As you may see in the Statute of York, 9. E. 3. & 27 E. 3. c. 19, Stat. 2. c. 10. and the Statute of Glocester, 2 R. 2. c. 1.
Avowry.
AVowry is, where one takes a Distress for Rent or other thing, and the other sues Replevin; then he that hath taken it shall Iustifie in his Plea for what cause he took it: and if he took it in his own right he ought to shew that, and so avow the taking, and that is called his Avowry. But if he took it in or for the right of another, then when he hath shewed the cause, he shall make conusance of the taking, as Bailiff or servant to whom in whose right took it.
Avowterer.
AVowterer is an Adulterer with whom a married woman continues in Adultery, the Crime is called Avowtry, 43 E. 3. 19.
Awme.
AWme is a Vessel that contains 40 galons of Rhen [...] sh wine, and is mentioned in the Statute made 1 Jac. c. 23.
B Backberind Thief.
BAckberind Thief is a Thief taken with the manner, that is, having that found upon him (being followed with a Hue and Cry) which he hath stollen, whether it be Money, Linnen, Wollen, or other stuff: but it is most properly said, when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back.
Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest; which are, Dog-draw, Stable-stand, Back-berind, and Bloody-hand.
Badger.
BAdger is as much as to say Bagger, of the French [Page 81] word Baggage, id est, Sarcina: And it is used with us for one that is licenced to buy Corn or other Victuals in one place, and carry them to another; and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute.
Bail.
BAIL is, when a man is taken or arrested for Felony, suspicion of Felony, indicted of Felony, or any such case, so that he is restrained of his liberty, and being by Law bailable, offers Surcties to those who have authority to bail him; which Sureties are bound for him to the Kings use in a certain Sum of money, or body for body, that he shall appear before the Iustices of Goal-delivery at the next Sessions, &c. Then upon the Bonds of these Sureties, as is aforesaid, he is bailed, that is set at liberty, until the day appointed for his appearance.
Manwood in the first part of his Forest Law, pag. 167. says, There is a great diversity between Bail and Mainprise; for he that is mainprised is always said to be at large, and to go at his own liberty out of ward, after he is put to Mainprise, until the day of his Appearance, by reason of Common [Page 82] Summons or otherwise. But it is not so where a man is put to bail by four or two men, by my Lord chief Iustice in Eyre of the Forest, until a certain day: for there he is always accounted by the Law to be in their ward and custody for the time; and they may, if they will, hold him in ward or in Prison till that time, or otherwise at their will: so that he that is bail'd [...] hall not be said by the Law to be at large, or at his own liberty.
Bailement.
Bailement is a Delivery of things, whether Writings, Goods, or Stuff, to another, sometimes to be delivered back to the Bailor, that is, to him that so delivered it; sometimes to the use of the Bailee, that is, of him to whom it is delivered; and sometimes also it is delivered to a third person. This delivery is called a Bailment.
Bailiff.
BAiliff is an Officer that belongs to a Mannor, to order the husbandry, and hath authority to pay Quit-rents issuing out of the Mannor, fei [...] Trees, repair Houses, make Pales, Hedges, distrain Beasts doing hurt upon the ground, and divers such like. This Officer is he whom the ancient [Page 83] Saxons called a Reeve, for the name Bailiff was not then known amongst them, but came in with the Normans, and is called in Latin Villicus.
There are two other sorts of Bailiffs, that is Bailiffs errant, and Bailiffs of Franchises. Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs, to summon the County Sessions, Assises, and such like: Bailiffs of Franchises are those that are appointed by every Lord within his Liberty, to do such Offices within his Precincts, as the Bailiff errant doth abroad in the County. This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff. But if such Court is by prescription to be held within one month after a Feast, and the Steward holds it after the month, and in this Court Assess a Fine or Amerciament, and the Bailiff distrains for it; the party that is so distrained may have an Action of Trespass against the Bailiff.
Bank.
BAnk (in French Banque, i. Mensa) is most usually taken for a Seat or Bench of Iudgment; as Bank le Roy, the Kings Bench, Bank de Common Pleas, the Bench of Common Pleas, or Common Bench. Kitchin fol. [Page 84] 102. called also in Latin Bancus Regius, and Bancus Communium Placitorum. Cromp. Jur. f. 67, & 91.
Kings Bench.
KIngs Bench is a Court at Westminster where Pleas of the Crown, Debts, Trespasses, and personal Actions, Errors, Audita Querela's, &c. are determined.
Bankrupt.
BAnkrupt, by the Statute 1 Jac. c. 15. is thus described; All and every such person and persons, using, or that shall use the trade of Merchandise by way of Bargaining, Exchange, Bartery, Chevisance, or otherwise in gross, or by seeking his, her, or their trade of Living by buying and selling, and being a Subject born of this Realm, or any of the Kings Dominions, or denizon, which at any time since the first day of this present Parliament, or at any time hereafter shall depart the Realm, or begin to keep his or her house or houses, or otherwise to absent him or her self, or take sanctuary, or suffer him or her self willingly to be arrested for any Debt, or other thing not grown or due for money delivered, ware sold, or any other just or lawful cause, or good considerations or purposes, or hath or will suffer [Page 85] him or her self to be outlawed, or yield him or her self to prison, or willingly or fraudulently hath or shall procure him or her self to be arrested, or him or her goods, money or chattels, to be attached or sequestred, or depart from his or her dwelling-house, or make or cause to be made any fraudulent grant or conveyance of his, her, or their Lands, Tenements, Goods, or Chattels, to the intent or wherehy his, her, or their Creditors, being Subjects born, as aforesaid, shall or may be defeated or delayed for the recovery of their just and true Debt, or being arrested for Debt, shall after his or her Arrest lie in prison six months or more upon that Arrest or Detention in Prison for Debt, and shall lie in Prison six months upon such Arrest or Detention, shall be accounted and adjudged a Bankrupt to all intents and purposes. See the Stat. 14 Car. 2. ca. 23.
Banneret.
BAnneret is a Knight made in the Field, with the ceremony of cutting off the point of his Standard', and making it as it were a Banner. And such are allowed to display their names in a Banner in the Kings Army, as Barons [...] o. And that such were next unto Barons in Dignity, appears [Page 86] by the Statute made in the 5 year of R. 2. Stat. 2. cap. 4. by which Statute it seems, such Bannerets were anciently called by Summons to the Parliament.
Banns.
BAnns is a word common a [...] d ordinary among the Feudists, and signifies a Proclamation, or any publick notice given of any thing. Eract. lib. 3. tra. 2. cap. 21. makes mention of Bannus Regis for a Proclamation or silence made by the Crier before the meeting of the Champions in a combat. But we use this word Banns especially for the Publication of matrimonial Contracts in the Church before Marriage.
Bargain & Sale.
BArgain and Sale is, when a Recompence is given by both the parties to the Bargain: as if one bargain and sell his Land to another for money, here the Land is a Recompence to him for the money, and the money is a Recompence to the other for the Land; and this is a good Contract and Bargain. And by such a Bargain & Sale lands may pass without Livery or seisin, if the Bargain and Sale be by Deed indented, sealed [Page 87] and inrolled either in the County where the Land lies, or in one of the Kings Courts of Record at Westminster, within six months next after the date of the same writing indented, according to the Statute in that behalf made in the 27 year of H. 8. cap. 16.
Barcary.
BArcary signifies a Farm house as it seems, Rast. Ent. Tit. Assise en Corps politique 2.
Barmote.
BArmote are divers Courts not of Record within the Hundred of the Peak in Derby-shire for the regulation of Groves, Possessions, and Trade of the Myners and Lead.
Barony.
BArony is a certain Royal Lordship where the Kings writ tunneth not, and held of the King. Rast. Ent. Tit. Assise en Office. 1.
Barr.
BArr is when the Defendant in any Action pleads a Plea which is a sufficient answer, and destroys the Action of the Plaintiff for ever.
[Page 88] And it may be divided into Barr to common intendment, and Barr special. Barr to common intendment is an ordinary or general Barr, which commonly disables the Declaration or Plea of the Plaintiff. Barr special is that which more than ordinary, and falls out in the case in question, upon some special circumstance of the Fact: As an Executor, being sued for the Debt of his Testator, pleads, That he hath nothing in his hands at the day of the Writ purchased; this is a good Barr to common intendment, or at first sight: but yet the case may be such, that more goods may come to his hands after that time, which if the Plaintiff can shew by way of Replication, then, except the Defendant hath a more special Plea or Barr to alledge, he is to be condemned in the Action. See Plow. fol. 26, 28. And in the same sense Barr is also divided into Barr material or special, and Barr at large. Kit. fol. 68.
Barr is also in regard of the effect divided into Barr perpetual, and Bar temporary. Perpetual is that which overthows the Action for ever: Temporary is that which is good for the present, and may afterwards fail; as, Fully administred is a good Barr, until it appear that more goods came afterward to the hands of the Executors: which also holds for [Page 89] the Heir, who in an Action for his Ancestors Debt pleads Nothing by discent. See Brook Tit. Bar. nu. 23.
Barre fee.
BArr fee is a Fee of twenty pence, which every prisoner, acquitted of Felony, pays to the Sheriff or Goaler: of which see 21 H. 7. 16. b.
Barretry.
IS a word used in Pollices of Insurance, and signifies dissentions and quarrels among the Officers and Seamen.
Barretor.
BArretor is a Common Mover, Stirrer up, or Maintainer of Suits, Quarrels, or parts, either in Courts, or in Country: In Courts of Record, and in the County, Hundred, and other inferior Courts: In Country in three manners; first, in disturbing the peace; secondly, in taking or detaining the Possessions of Houses, Lands, or Goods, &c. that are in question or controversie, not only by force, but by subtilty and deceit, and more usually in suppression of truth and right; thirdly, by false inventing and sowing of Calumnies, Rumors and Reports, making discord and disquiet to rise 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, [Page 91] 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 [Page 92] 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 [Page 93] 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 [Page 94] 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 [Page 96] 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 woman at such a place, within such a Diocess, and that she is dead, and that he hath married another woman within the same Diocess, or within some other Diocess, and so is Bigamus. Or if he have been but once married, then to say, that she whom he hath married is, or was a Widow, that is, the Relict of such a one, &c. which shall be tried by the Bishop of the Diocess where the Marriages are alledged. And being so certified by the Bishop, the prisoner shall lose the Benefit of the Clergy. But at this day, by force of the Act made 1 E. 6. ca. 12. this is no Plea, but he may have his Clergy notwithstanding. So is Brook, titulo Clergie, Placito 20. to the same purpose.
By-laws.
BY-laws are Orders made in Court-Leets or Court-Barons by a common consent for the good of them that are the makers of them. And they are called By-laws, quasi Birlaws, or Bawrlaws, of the Dutch word Bawr, that is, a Countrey-man; and so Bawrlaws or By-laws is as much as the Laws of Country-men.
Bilinguis.
BIlinguis in general is a man with a double tongue; but is commonly used for that Iury which passes between an English man and an Alien, whereof part ought to be Englishmen, and part Strangers. And for this cause it is enacted by the Statute of 28 E. 3. cap. 13. That if any variance chance to be about the packing of Wooll before the Mayor of the Staple, between the Merchants or Ministers of the same, thereupon, to try the truth thereof, Enquest shall be taken: and if the one party and the other be Denizons, it shall be tried by Denizons; or if the one party be Denison, and the other Alien, the half of the Enquest or of the proof shall be Denizons, and the other half Aliens.
Bill.
BILL is all one with an Obligation, saving that when it is in English, it is commonly called a Bill, in Latin an Obligation. Also a Declaration in writing that expresses either the grievance and wrong which the Complainant has suffered by the party complained of, or else some fault by him committed against some Law or Statute of the Realm. By a Bill [Page 98] we now ordinarily understand a single Bond without a Condition; by an Obligation, a Bond with a Penalty and Condition. West. part. 2. Symbol. tit. Supplications, sect. 52.
Billa vera.
BIlla vera is the Indorsement of the grand Inquest upon any Presentment or Indictment which they find to be probably true.
Blackmail.
BLackmail is a word used in the Statute of 43 Eliz. c. 13. and signifies a certainty of Money, Corn, Cattel, or other consideration, given by the poor people in the North of England, to men of great name and alliance in those parts, to be by them protected from such as usually rob and steal there.
Black rod.
BLack Rod is the Huissier belonging to the most Noble Order of the Garter; so called of the Black rod he carries in his hand. He is also Huissier of the Lords house in Parliament.
Bloodwit.
BLoodwit is to be quit of Amerciaments for Blood-shedding; and what Pleas are holden in your Court, you shall have the Amerciaments thereof coming; because ( Wit) in English, is Misericordia in Latin.
Bloody hand.
BLoody hand is the apprehension of a Trespasser in the Forest against Venison, with his hands or other part bloody, though he be not found chasing or hunting. Of which see Manwood, part 2. c. 18.
Bockland.
BOckland in the Saxons time was that we at this day cail Free-hold Land, or Land held by Charter; and it was by that name distinguished from Folkland, which was Copy-hold Land.
Bona notabilia.
BOna notabilia is where a man dies having goods to the value of five pound in divers Diocesses, then the Archbishop ought to grant Administration; and if any inferior Bishop do grant it, it is void, 37 H. 6. 27. 28▪ 10 H. 7. 18. Dyer 305.
Bordlands.
BOrdlands signifie the Demesns which Lords keep in their own hand [...] for he maintenance of their Bord or Table. Bracton l. 4. Tract. 3. c. 9. num. 5.
Borow.
BOrow (which with us signifies an ancient Town, as appears by Littleton. sect. 164.) is a word derived either of the French Burg, id est Pagus, or of the Saxon Borhoe, id est, [...] ignus, for that anciently the Neighbours of a Town became Pledges one for another: and from thence comes Headborow, for the chief Pledge or Borhoe-Aldere, with us now called the Borow-holder or Bursholder.
Borow English.
BOrow English is a customary Descent of Lands or Tenements in some places, whereby they come to the youngest son, or if the owner have no issue, to his youngest brother, as in Edmunton, Kitchin fol. 102.
Borowhead.
BOrohead. See Head-borow.
Bote.
BOte is an old word signifying Help, Succor, Aid, or Advantage, and is commonly joyned with another word, whose signification is doth augment; as these, Bridgebote, Burgbote, Firebote, Hedgebote, Plowbote, & divers other, for whose significations look in their proper Titles.
Bottomry vulgo Bomry.
IS when a Master of a Ship in case of necessity doth engage his Ship for money for use of the Ship.
Bribor.
BRibor (Fr. Bribeur, i. Mendicus) seems to signifie one that pilfers other mans goods. Anno 28 E. 2. Stat. 1.
Brief.
BRief (Breve) signifies most properly in our Law, the Process that issues out of the Chancery or other Court, commanding the Sheriff to summon or attach A. to answer to the Suit of B. &c. But more largely it is taken for any Precept of the King in writing under Seal, issuing out of any Court, whereby he commands any thing to be done for the furtherance of Iustice and good order. And they are therefore called Briefs, because they briessy comprehend the cause of the action. And some of them are Original, [Page 102] and some judicial, as you may see at large in the Register of Writs.
Broadhalpeny.
BRoadhalpeny in some Copies Broadhalfpeny, that is, to be quit of a certain custome exacted for setting up of Tables or Boards in Fairs or Markets; and those that were freed by the Kings Charter of this Custome had this word put in their Letters Patents: by reason whereof, at this day the Freedom it self (for brevity of speech) is called Broadhalfpeny.
Broker.
BRoker seems to come of the French word Broieur, id est, Tritor, he that grinds or breaks a thing into small pieces. And the true trade of a Broker, as it appears in the Statute made 1 Jac. c. 21. is to beat, contrive, make and conclude Bargains between Merchants and Tradesmen. But the word is now also appropriated to those that buy and sell old and broken apparel and Houshold-stuff.
Brugbote.
BRugbote (and in some copies Bridgebote) is, to be quit [Page 103] of giving aid to the repair of Bridges.
Bull.
BULL is an Instrument so called, granted by the Bishop of Rome, and sealed with a Seal of Lead, containing in it his Decrees, Commandments, or other Acts, according to the nature of the thing for which it is granted. And these Instruments have been heretofore used and of force in this Land: but by the Statute of 28 H. 8. c. 16. it was e [...] acted, That all Bulls, Breves, Faculties, and Dispensations of whatsoever name or nature that it was, had or obtained from the B. of Rome, should be altogether void and of no effect. See Rastal. 328. C. D.
Bullion.
BUllion comes from the French word Billon, which is the place where Gold is tryed. And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged. But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet.
Burbreach.
BUrbreach is, to be quit of Trespasses done in [Page 104] City or Borough against the Peace.
Burgage.
TO hold in Burgage is, to hold as the Burgagers hold of the King, or of another Lord, lands or tenements yielding him a certain Rent yearly, or else where another man then Burgers holds of any Lord, Lands or Tenements in Burgage, yielding him a certain Rent.
Burghbote.
BUrghbote is, to be quit of giving aid to make a Burrough, Castle, City, or Walls thrown down.
Burgh English.
BUrgh English or Borough English, is a Custome in some ancient Borough, that if a man hath issue divers sons, and dies, yet the youngest son only shall inherit, and have all the Lands and Tenements that were his fathers, whereof he died seised within the same Borough, by descent, as Heir to his Father by force of the Custome of the same Borough.
This Tenure is also of Copyhold Estates by Custome of divers Mannors.
Burglary.
BUrglary is, when one breaks and enters into the House of another in the night, with felonious intent to rob or kill, or to do some other Felony; in which cases, although he carry away nothing, yet it is Felony, for which he shall suffer death. Otherwise it is if it be in the day-time, or that he break the House in the night, and enter no therein at that time.
But if a Servant conspire with other men to rob his Master, and to that intent opens his Masters doors and windows in the night for them, and they come into the house by that way; this is Burglary in the Strangers; and the Servant is a Thief, but no Burglar. And this was the opinion of Sir Roger Manwood, Knight, Lord chief Baron of the Cxchequer, at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz.
Buttlerage.
IS an old Duty to the Kings of this Realm for Wine imported by Aliens. Moor Rep. 833.
C Cablish.
CAblish among the Writers of the Forest Laws, signifies Brushwood. Manwood pag. 84. Cromp. Jur. fol. 165.
Cantred.
CAntred is as much in Wales as an Hundred in England; for Cantre in the British tongue signifies Centum. The word is used An. 28. H. 8. c. 3.
Capacity.
CApacity is, when a man, or Body politick or corporate is able to give or take Lands or other things, or sue Actions: As an Alien born hath sufficient Capacity to sue in any personal Action; but in a real Action it is a good Plea to say, he is an Alien born, and pray if he shall be answered. Dyer. f. 3. pla. 8.
If a man enfeoff an Alien and another man to the use of themselves, or, &c. it seems that the King shall have the moiety of the Land for ever, by reason of the Incapacity of the Alien. Dyer f. 283. pla 31.
[Page 107] By the Common Law no man hath Capacity to take Tythes but Spiritual persons, and the King, who is a person mixt: but a Lay-man, who is not capable of taking Tithes, was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man. See Coke l. 2. f. 44.
Cape.
CApe is a Writ judicial touching Plea of Lands or Tenements, so called (as the most part of Writs are) of that word which in it self carries the especiallest intention or end thereof. And this Writ is divided into Grand Cape and Petit Cape; both which take hold of things immovable, and seem to differ in these Points. First, because Grand Cape lies before Apparance, and Petit Cape after. Secondly, by the Grand Cape the Tenant is summoned to answer to the default, and over to the Demandant; Petit Cape summons the Tenant to answer to the default only, and therefore it is called Petit Cape in the Old N. B. 161, 162. Yet Ingham saith, that it is not called Petit Cape because it is of small force, but because it is a little Writ in words.
This Writ seems to contain in it a Process, with the Civilians called Missio in possessionem ex primo & secundo Decreto: For [Page 108] as the first Decree seises the thing, and the second gives it from him that made the second default in his Appearance; so this Capias seises the Land, and also assigns over to the party a day of Appearance, at which if he comes not in, the Land is forfeited. Yet there is difference between these two courses of the Common and Civil Law; for this Missio in possessionem extends to touch as well Goods movable as immovable, where a Cape extends only to the immovable.
Secondly, in this, That the party being satisfied of his demand, the residue is restored to him that defaulted: but by the Cape all is seised without restitution.
Thirdly, That is to the use of the party agent, the Cape is to the use of the King. See Bract. l. 5. tract. 3. c. 1. num. 4, 5, & 6, Regist. Judic. fol. 2. a.
Cape ad Valentiam.
CApe ad Valentiam is a Writ or Execution, and is thus defined in the Old Nat. Brev. fo. 161. 162. This writ lies where the Tenant is impleaded of certain Lands, and he vouches to Warranty another, against whom the Summons ad warrantizan [...] hath been awarded, and the Vouchee comes not in at the day given: then if the Demandant recover against the Tenant, he shall have [Page 109] this Writ against the Vouchee, and shall recover so much in value of the Vouchees land, if he have so much; and if he hath not so much, then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Feesimple; or if he purchase afterwards, the Tenant shall have against him a Resummons, and if he can say nothing, he shall recover the value.
And know, that this Writ lies before Apparance. Of these and their divers uses, see the Table of the Reg. jud. the word Cape.
Capias.
CApias is of two sorts. The one before Iudgment, called Capias ad respondendum, in an action personal, if the Sheriff return upon the first Writ, Nihil habet in Balliva nostra. And the other is a Writ of Execution after Iudgment, which also is of divers natures, which see in the Title Process.
Capite.
CApite is a Tenure that holds immediately of the King, as of his Crown, be it by Knights Service or Soccage, and not of any Honor, Castle, or Mannor; and for this it is also [Page 110] called a Tenure which holds meerly of the King. For as the Crown is a Corporation, a Seignory in gross; so the King who possesses the Crown is in the eye of the Law perpetually King, never in his Minority, and dies no more than Populus doth, whose authority he bears. See Fitz, N. Brē fol. 5. Yet note, That a man may hold of the King. and yet not in Capite, that is, not immediately of the Crown in gross, but by means of some Honor, Castle, or Manor belonging to the Crown, whereof he holds his Land. Of this Kitchin saith well, That a man may hold of the King by Knight's service, and yet not in Capite, because it may be he holds of some honour by Knights service, that is in the Kings hands, by descent from his Ancestors, and not immediately of the King, as of his Crown, fol. 129. With which agrees Fitzh. Nat. Brē fol. 5. k. whose words are to this effect; It plainly appears, that Lands which are held of the King as of an Honor, Castle, or Manor, are not held in Capite of the King, because a Writ of right iu this case shall be directed to the Bailiff of the Honor, Castle, or Manor, &c. But when the lands are held of the King as of his Crown, then they are not held of an Honor, Castle, or Manor, but meerly of the King as King, as of his Crown, as of a Seignory of it self in gross, [Page 111] and the chief of all other Seigniories.
And this Tenure in Capite is otherwise called Tenure holding of the person of the King. Dyer fol. 44. Brook titulo Tenures, num. 65, 99. And yet Ki [...] chen, fol. 208. saith, That a man may hold of the person of the King, and yet not in Capite. His Case is this; If the King purchase a Manor that J. S. holds, the Tenant shall hold as he did before, and he shall not render Livery, nor primer Seisin, nor hold in Capite. And if the King grants his Manor to W. N. in fee, excepting the services of J. S. then J. S. holds as of the person of the King, and yet holds not in Capite, but as he held before. By which it seems, that Tenure holding of the person of the King, and Tenure in Capite, are two divers Tenures. To take away which difference, it may be said, That this place of Kitchen is to be taken as if he had said; Not in Capite by Knights service, but by Socage, following the usual speech, because most commonly, where we speak of Tenure in Capite, we intend Tenure by Knight's service. See the Stat. 12 Car. 2. c. 24. by which all Tenures are now turned into free and common Socage.
Cark.
CArk seems to be a quantity of Wooll, whereof 30 make a Sarplar. 27 H. 6. cap. 2. See Sarplar.
Carno.
CArno is an Immunity, as appears in Cromp. Jurisd. f. 191. where it is said, That the Prior of Malton made claim for him and his men, to be quit of all Amerciaments within the Forest, and also to be quit of Escapes, and of all manner of Gelds, and of Foot-gelds, Buckstall, Trites, Carno, and Summage, &c.
Carrack or Carrick.
CArrack, alias Carrick, is a Ship of burthen, and is so called of the Italian word Carico or Carco, which signifies a Burthen. This word is mentioned in the Statute, 1 Jac. c. 33.
Carue of Land.
CArue, or Carucate of land is a certain quantity of land by which the Subjects have been heretofore taxed: whereupon the Tribute so levied is called Caruage. Bract. l. 2. c. 16. num. 8. [Page 113] Lit. Sect. 119. saith, that Soca is the same with Caruca, sc. a Soke or Plow. Stow in his Annals. p. 251. hath these words; The same time H. the King took Caruage, that is to say, two Marks of Silver for every Knight's Fee, to the marriage of his sister Isabel to the Empereur. By which it seems there was raised of every Plow-land so much, and so consequently of every Knight's free two Marks of Silver. Rastal, in his Exposition of words, saith, that Caruage is to be quit, if the King shall tax all the Land by Plows, that is, a Priviledge by which a man is freed from Caruage.
Skene saith, that it contains as great a portion of land as may be eyred or tilled in a year and a day with one Plow; which also is called a Hild, or Hide of land.
Castellain.
CAstellain is a Keeper or Captain, sometimes called a Constable of a Castle. Bracton, l. 5. c. 2. cap. 16. In the same manner it is used an̄ 3 E. 1. c. 7. In the book of Feudis you shall find Guastaldus to be of like signification, but more large, because it is also extended to those that have the custody of the King's Mansion-houses, called Courts, notwithstanding they are not places of defence or force. [Page 114] Manwood part 1. of the Laws of the Forest, p. 113. saith, That there is an Officer of the Forest called Castellanus.
Castle-guard.
CAstle-guard is an Imposition laid upon such of the Kings subjects as dwell within a certain compass of any Castle, to the maintenance of such as watch and ward it. Mag. Chart. cap. 2. & an. 32 H. 8. ca. 48. It is sometimes used for the Circuit it self which is inhabited by such as arc subject to this Service. See Chivalry.
Casu consimili.
CAsu consimili is Writ of Entry, granted where the Tenant by courtesie, or Tenant for term of life or for the life of another, aliens in Fee, or in tail, or for the life of another. And it hath this name, because the Clerks of the Chaucery have framed it by their common consent like the Writ called in casu ꝓviso according to the authority given them by the Stat. of West. 2. cap. 24. which wills, That as often as it shall happen in Chancery, that in one case a Writ is found, and in the like case a remedy is wanting, the Clerks of the Chancery should agree to make a Writ, &c. And this Writ is granted to him in reversion against [Page 115] the party to whom the said Tenant so aliened to his prejudice, and in the life of the Tenant. See more of this, F. N. B. fol. 206.
Casu proviso.
CAsu proviso is given by the Stat, of Gloucester cap. 7. This Writ lies where Tenant in Dower aliens in Fee, or for life, or in tail, the Land which she holds in Dower; there he that hath the Reversion Fee, or in Tail, or for term of life, shall presently have this Writ against the Alienee, or him that is Tenant of the Free-hold of the Land, and that during the life of the Tenant in Dower. F. N. B. 205. n.
Catals.
CAtals or Chatels comprehend all Goods movable and immovable, except such as are in nature of Free-hold, or parcel of it, as may be collected out of Stamf. Praer. cap. 16. and anno 1 Eliz. cap. 2. Yet Kitch: fol. 32. saith, that Money is not to be accounted Goods or Catals, nor Hawks, nor Hounds, for they are ferae naturae. But it seems that Money is not a Chattel, because it is not in it self valuable, but rather in imagination than in Deed.
Catals are either real or personal. [Page 116] Catals real are either such as do not immediately appertain to the person, but to some other thing by way of dependance; as a Box with writings of Laud, the body of a Ward, the Apples upon the tree, or the Tree it self growing upon the ground. Crom. fol. 33. b. Or else such as are issuing out of some thing immovable to the person, as a Lease for Rent or term of years.
Personal may be so called in two respects. The one, because they belong immediately to the person of a man; as a Horse, &c. The other, because when they are wrongfully detained, we have no other means for their recovery but personal Actions.
The Civilians comprehend these things, and also Lands of all natures and tenures, under the word Goods, which are by them divided into Moveable and Immovable. See Bract. lib. 3. c. 3. num. 3, & 4.
Cepi corpus.
CEpi corpus is a Return made by the Sheriff, that, upon an Exigend or other Writ, he has taken the body of the party, F N. B. fol. 26.
Certificate.
CErtificate is a Writing made in some Court, to give notice to another Court of something [Page 117] done there; as a Certificate of the cause of Attaint is a transcript briefly made by the Clerks of the Crown, Clerks of the Peace, or Clerks of Assise, to the Court of Kings Bench, containing the tenor and effect of every Indictment, Outlawry, or Conviction, and Clerk attainted, made or declared in any other Court.
But note, that this Certificate ought to be made by him that is the immediate Officer to the Court; and therefore if the Commissary or Official of the Bishop certifie an Excommunication in bar of an action at the Common Law, this is not good, (as was resolved in Coke, lib. 8. fol. 68.) but such Excommunication ought to be certified by the Bishop himself. Yet the Certificate of an Excommunication by special Commissioners Delegates under their Common Seal was allowed, and held good enough in the Common-place. Dyer fol. 371. pla. 4.
Certification of Assise.
CErtification of Assise of Novel disseisin, &c. is a Writ awarded to re-examine or review a matter passed hy Assise before any Iustices; and is used when a man appears by his Bailiff to an assise brought by another, and loses the day, and having some other matter to [Page 118] plead farther for himself, as a Deed of Release, or &c. which the Bailiff did not plead, or might not plead for him, desires a better Examination of the Cause, either before the same or other Iustices, and obtains Letters Pa [...] ents, (see their form F. N. B. 181.) and then brings a Writ to the Sheriff to call the party for whom the Assise had passed, and also the Iury which was impannelled upon the same Assise, before the said Iustices, at a day and place certain.
And it is called a Certificate, because therein mention is made to the Sheriff, that upon the parties complaint of the defective Examination or doubts remaining yet upon the Assise passed, the King hath directed his Letters Patents to the Iustices for the better certifying of themselves, whether all the points of the said Assise were duly examined or not.
Certiorari.
CErtiorari is a Writ that lies where a man is impleaded in a base Court, that is of Record, and he purposes that he may not have equal Iustice there; then upon a Bill in the Chancery, comprising some matter of Conscience, he shall have this Writ to remove all the Record into the Chancery, there to be determined by Conscience, [Page 119] but if he prove not his Bill, then the other party shall have a Writ of Procedendo, to send again the Record into the base Court, and there to be determined. And it lies in many other cases, to remove Records for the King, as Indictments and others.
This Writ is also granted out of the Court of Kings Bench or Common Pleas to remove any Action thither out of Inferior Courts of Record; and so the Plaintiff must declare and proceed in the Superior Court.
Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench, where nullum tale Recordum is pleaded.
Also upon Writs of Error of a Iudgment in the Common Pleas, each party may have this Writ to bring any of the Proceedings into the Kings Bench upon alledging Diminution, as appears, Coke Entr. 232, 233, 242. 2 Cro. 131, & 479.
Cessavit.
CEssavit is a Writ that lies where my very Tenant holds of me certain Lands or Tenements, yielding certain Rent by the year, and the Rent is behind for two years, and no sufficient Distress may be found upon the Land; then I shall have this Writ, by which I shall [Page 120] recover the Land: But if the Tenant come into the Court before Iudgment given, and tender the Arrearges and Damages, and find Surety that he shall cease no more in payment of the said Rent, I shall be compelled to take the Arrerages and the Damages, and then the Tenant shall not lose the Land. The heir may not maintain this Writ for Cessure made in the time of his Ancestor: And it lies not but for Annual service, as Rent, and such other, and not for Homage and Fealty.
Also there is another Writ called Cessavit de cantaria, which lies where a man gives Land to a House of Religion, to find for the soul of him, his ancestors, and his heirs, yearly a Candle or Lamp in the Church, or to say Divine Service, feed the poor, or other Alms, or to do some other thing; then if the said Services be not done in two years, the Donor or his Heirs shall have this Writ against whosoever holds the things given after such Cessure. See the Statute W. 2. cap. 41.
Cession.
CEssion is, when an Ecclesiastical Person is created Bishop, or when a Parson of a Parsonage takes another Benefice without dispensation [Page 121] or otherwise not qualified, &c. In both cases their first Benefices are become void, and are said to become void by Cession. And to those that he had who was created Bishop the King shall present for that time, whosoever is Patron of them: And in the other case the Patron may present. See 41 E. 3. 5. & 11 H. 4. 37.
Cestuy a que vie, & cestuy a que use.
CEstuy a que vie, is he for whose life another holds an estate; and cestuy a que use is he who is a Feoffee for the use of another.
Challenge.
CHallenge is an Exception taken either against Persons or Things. Persons, as in an Assise the Iurors, or any one, or more of them; or in case of Felony, by the Prisoner at the Bar against Things, as a Declaration. Old. N. B. 76.
Challenge made to the Jurors is either made to the Array, or to the Polls. Challenge to the Array is, where Exception is taken to the whole number, as impannelled partially: Challenge to or by the Poll is, where Exception is taken to any one or more, as not indifferent. Challenge to the Iurors is also divided into challenge principal, [Page 122] and challenge for cause, that is, upon cause or reason. Challenge principal, or peremptory, is that which the Law allows without cause alledged, or Examination: as a Prisoner at the Bar, arraigned upon Felony, may peremptorily challenge to the number of twenty, one after another, of the Iury impanuelled upon him, not alledging any cause at all, but his own dislike, and they shall be discharged, and new put into their places: and this is in favor of life. But in the case of High Treason no peremptory challenge is allowed. See 25 H. 8. cap. 3. And a difference may be observed between challenge principal and challenge peremptory, because challenge peremptory seems only to be used in matters Criminal, and meerly without any cause alledged, more than only the Prisoner's fansie, Stamf. Pl. Cor. fol. 124. and principal for the most part in Civil Actions, and with the namning of some Exception, which being found true the Law presently allows. As for example, if any party saith that one of the Iurors is the Son, Brother, Cousin, or Tenant to the other party, or married to his daughter, this is a good and strong Exception, if it be true, without farther examination of the credit of the party challenged. And of how large extent this Challenge of Kindred is, does well appear [Page 123] in Plow. fol. 425. Also in the Plea of the death of any man, and in every Action real, and also in every Action personal, where the debt or damages amounts to 40 marks, it is a good challenge to any of the Iury impanelled, That he cannot dispend forty shillings by the year of his own Free-hold, An. 11 H. 7. cap. 21.
Challenge upon reason or cause is, when the party alledges any such Exception against one or more of the Iurors, which is not forthwith sufficient upon acknowledgment of the truth, thereof, but rather arbitrable, and consiverable by the rest of the Iurors; as if the son of the Iuror had married the daughter of the adverse party. This Challenge by cause seems to be termed by Kitch. fo. 92. Challenge for favor; or rather Challenge for favor is there said to be a Species of Challenge by cause: Where you may also read what Challenges are commonly accounted for principal, and what not.
Chamberdekins.
CHamberdekins are Irish Beggars, which by the Statute of 1 H. 5. c. 8. were by a certain time, within the said Statute limited, to avoid this Land.
Champertie.
CHampertie is a Writ that lies where two men are impleading, and one gives the half or part of a thing in plea to a stranger, to maintain him against the other; then the party grieved shall have this Writ against the stranger. And it seems that this hath been an ancient grievance in our Realm: For notwithstanding divers Statutes, and a form of a Writ framed unto them, yet Anno 4 E. 3. c. 11. it was enacted That where the former Statutes provided redresse for this only in the King's Bench, which then followed the Court; it should be lawful for the Iustices of the Common Pleas likewise and Iustices of Assise in their Circuits, to enquire, hear and determine these and such cases, as well at the Kings Suit, as at the Suit of the party. Also it was ordained by the Statute of 33 H. 8. (which was confirmed by the Statute of 37 H. 8. c. 7.) That Iustices of Peace at their Quarter Sessions should have authority to enquire, as well by the Oaths of 12 men, as by the information given to them by any person or persons, of the defaults, contempts and offences committed against the Laws and Statutes made and provided touching Champerty, Maintenance, [Page 125] &c. and to hear and determine the said faults and offences.
Champertors are they that move Pleas and Suits, or cause to be moved by their own or oothers procurement, and sue them at their own costs, to have part of the Lands or gains in variance. See the Stat. Articuli suꝑ chartas, c. 11.
Chance-medley.
CHance medley is, when a man without any evil intent doth a lawful thing, or that is not prohibited by Law, and yet another is slain or comes to his death thereby: as if a man casts a stone, which hits a man or woman, who after dies thereof; or if a man shoots an arrow, and another that passes by is killed, and such like; this manner of killing is Man-slaughter by misadventure, or Chance-medley, for which the offendor shall have his pardon of course, as appears by the Statute of 6 E. 1. c. 9. and he shall forfeit his goods in such manner as he that kills a man in his own defence. But in this case it is to be considered, whether he that commits this Man-slaughter by Chance-medley was in doing a lawfull thing: for if the act was unlawfull, as to fight at Barriers, or run at Tilt without the Kings commandment, or cast stones in a High-way where men usually pass, or shoot arrows in a Market-place, [Page 126] or such like, whereby a man is killed; in all these cases it is Felony at least, that is, Manssaughter, if not Murther; for the Offendor being doing an unlawful act of his own will, the Law shall construe his meaning and will herein by the success of the act.
As if two are fighting together, and a third man comes to part them, and is killed by one of the two, without any malice forethought, or evil intent in him that killed the man, yet this is Murther in him, and not Man-slaughter by Chance-medley or Misadventure, because they two that fought together were in doing an unlawful act. And if they were met with prepensed malice, the one intending to kill the other, then it is Murther in them both.
Chancery.
CHancery is a Court of Law at Westminster for Suits for and against Attorneys, Clerks, and Officers of this Court, this part of it and also the intelments of Deeds, & Patents, is of Record. And there is also a Court for Equity, and their proceedings therein are entred in English, and the Lord Chancellor, or Keeper of the great Seal, and Master of the Rolls are Iudges, and the Writs are returnable there Coram Rege in Cancellaria. Co. 4. Instit. 78.
Chapiter.
CHapiter is a Summary or content of all such matters as are enquirable before Iustices in Eyre, Iustices of Assise, or of the Peace in their Sessions: so it is used 3 E. 1. c. 27. in these words, And that no Clerk of any Iustice, Escheator, or Commissioner in Eyre, shall take any thing for delivery of Chapiters, but only Clerks of Iustices in their Circuits; and likewise 13 E. 1. c. 10. in these words, And when the time comes, the Sheriff shall certifie the Chapiters before the Iustices in Eyre how many Writs he hath. Also Britton uses it in the same signification, cap. 3. And at this day Chapiters are called Articles, for the most part, and are delivered as well by the mouth of the Iustice in his Charge, as by the Clerks in writing, to the Enquest, where in ancient time they were (after an Exhortation given by the Iustices, for the observation of the Laws of the Kings peace) first read distinctly and openly in the full Court, and then delivered in writing to the grand Enquest. An example of these Chapiters there is in the Book of Assises fol. 138. pla. 44.
Chaplain.
CHaplain is he that performs Divine Service in a Chappel, and therefore is commonly used for him that depends upon the King or other man of worth, for the instruction of him and his Family, the reading of Prayers, and Preaching in his private house, where usually they have a Chappel for that purpose.
And for that they are retained by Letters under the Seal of their Patron, and thereby by intendment are to be resident with them, the Law hath given liberty for their Non-residency upon their Benefices.
If an Earl or Baron retains a Chaplain, and before his advancement is attainted of Treason, there the Retainer is determined, and after the Attainder such Chaplain cannot take a second Benefice, because he that is attainted is by his Attainder a dead person in Law. What and how many Chaplains Noblemen and others may respectively retain, the Statute of 21 H. 8. c. 3. doth well declare.
The wife of a Baron during the Coverture cannot retain a Chaplain; yet when a Baronnesse Dowager retains one or two, according to the Proviso of the said Statute, the Retainer is the principal matter, [Page 129] and as long as the Retainer is in force, and the Baronness continues a Baronness, the Chaplains may well take two Benefices by the express letter of the Statute; for it suffices, if at the time of the Retainer the Baronness were a widow. And herein this rule is to be observed of a woman that attains Nobility by Marriage, as by marriage of a Duke, Earl, or Baron, &c. for in such case, if she afterward marry under the degree of Nobility, by such Marriage she loses the Dignity she had attained, and after such latter Marriage the power to retain a Chaplain is determined. But otherwise it is where a woman is Noble by Discent, for there her Retainer before or after the Marriage with one that is not Noble shall be in force, and is not countermanded by the Marriage, nor determined by her taking a Husband under her degree. Coke lib 4. fol. 118, 119.
Chapter.
CHapter in Latine is defined to be An Assembly of Clerks in a Church-Cathedral, conventual, regular, or Collegiate; and in another signification, A place wherein the members of that Community treat of their common affairs: and it hath other significations which appertain not to our purpose. It may be said [Page 130] that this Collegiate company is termed Chapter metaphorically, the word originally implying a little head; for this Company or Corporation is as a Head, not only to rule and govern the Diocesse in the vacation of the Bishoprick, but also in many things to advise the Bishop when the See is full.
Charge.
CHarge is where a man grants a Rent issuing out of his land, and that, if the Rent be behind, it shall be lawfull for him, his heirs and assigns, to distrain till the Rent be paid: this is called a Rent-charge. But if one grant a Rent-charge out of the land of another, though after he purchase the land, yet the Grant is void.
Charter land.
CHarter-land is such as a man holds by Charter, that is, by Evidence in writing, which otherwise is called Free-hold, Copyhold-lands before the Conquest were by the Saxons called Folkland, and the Charter-lands Bockland. And Lambert in the Explication of Saxon words, saith, That this land was held with more easie and commodious conditions then Folkland and Copyhold-land held without writing: And [Page 131] his reason is, because it is a free and absolute Inheritance; whereas land without writing is charged with payment and bondage; so that for the most part Noblemen and persons of Quality possess the former, and Rusticks the other. The first we call Free-hold and by Charter; the other, Land at the will of the Lord.
If a Riot, Rout, or Vnlawful assembly be committed, then by the Statute of 19 H. 7. c. 13. twenty men inhabiting within the County where the Riot, &c. is made (whereof every of them shall have lands and tenements within the same County to the yearly value of twenty shillings of Charter-hold or Free-hold, or twenty six shillings of Copyhold) shall make enquiry thereof.
Charter-party.
CHarter-party is an Indenture of Covenants and Agreements made between Merchants or Mariners concerning their Sea-affairs: and of this you may read in the Statute, now out of use, made 32 H. 8. cap. 14.
Charters.
CHarters of Lands are Writings, Deeds, Evidences, and Instruments, made from one [Page 132] man to another, upon some Estate conveyed or passed between them of Lands or Tenements, shewing the names, place, and quantity of the Land, the Estate, time, and manner of the doing thereof, the Parties to the Estate, delivered and taken, the Witnesses present at the same, with other circumstances.
Chartis reddendis.
CHartis reddendis is a Writ which lies against him that has Charters of Feoffment delivered him to be kept, and refuses to deliver them. Old Nat. Brev. fol. 66. Reg. orig. fol. 159.
Chase.
CHase is taken two wayes: first, to drive cattel, as to chase a Distress to a Castle; secondly, for a Receit for Deer and Beasts of the Forest: and it is of a middle nature between a Forest and a Park, being commonly less then a Forest, and not endued with so many Liberties, as with Courts of Attachment, Swainmore, and Justice seat; and yet of a larger compass, and having greater diversity of Keepers and Game then a Park. Crompt. in his Book of Iurisdictions, fol. 148. saith, That a Forest may not be in the hands of a [Page 133] Subject, but it presently looses the name, and becomes a Chase; and yet fol. 197. he saith, That a subject may be Lord and owner of a Forest; which though they seem contradictory, yet are both his sayings in some sense true: For the King may give or alienate a Forest to a Subject, yet so, that when it is once in the Subject, it loses the true property of a Forest, because the Courts of Swainmote, Justice seat and Attachment, presently vanish, none being able to make a Lord chief Iustice in Eyre of the Forest but the King, as Manwood hath well shewed, as his Book of Forest Laws, cap. 3. & 4. Yet it may be granted in such large manner, that there may be Attachment and Swainmote, and a Court equivalent to a Justice Seat, as appears by him in the same Chapter, numb. 3. So that a Chase differs from a Forest in this, because it may be in the hands of a Subject, which a Forest in its proper nature cannot be; and from a Park in this, that it is not inclosed, and hath not only a larger compasse, and more store of Game, but of Keepers also and Overseers. See Forest.
Chatels.
CHatels. See Catals.
Chauntry.
CHauntry is a Church or Chappel indued with lands or other yearly revenues for the maintenance of one or more Priests, to sing Mass daily for the Souls of the Donors, and such others as they appoint. And of these you may read in the Statutes made 37 H. 8. c. 4. & 1 E. 6. cap. 14.
Chevage.
CHevage is a summe of money paid by Villains to their Lords in acknowledgement of their Slavery, which Bracton lib. 1. cap. 10. thus defines; Chevagium dicitur recognitio in signum subjectionis & dominil de capre suo. It seems also to be used for a sum of money given by one man to another of power and might for his avowment, maintenance and protection, as to their head and Leader. Lambert writes it Chivage, or rather Chiefage.
Chievisance.
CHevisance comes from the French word Chevir, that is, to come to the end or Head of a business. And because the perfecting of a Bargaine is the drawing of the matter to the [Page 135] head, this word Chevisance is used for Bargaining in the Statutes of 37 H. 8. cap. 9. & 13 Eliz cap. 7, & 8.
Childwit.
CHildwit, that is, that you may take a Fine of your Bondwoman, defiled and gotten with Child without your licence.
Chimin.
CHimin is the High-way where every man goes, which is called Via Regia; and yet the King hath no other thing there but the passage for him and his people; for the Free-hold is in the Lord of the Soile, and the Profits growing there, as Trees and other things. And it is divided into two sorts, the King's way, of which is spoken before, and a private Way, or private Passage; and this is the Way by which one man or more have liberty to pass, either by prescription, or by writing, through the land of another: And this is divided into a way in gross, and a Way appendant, Kitch. fol. 177. Chimin in gross is that Way which a man holds principally and solely in it self: Chimin appendant is that which a man hath adjoyned to some other thing, as appertaining [Page 136] thereunto; for example, if a man hires a Close or Pasture, and hath a Covenant for ingress and egress, to and from the said Close, through the ground of some other, through which otherwise he might not pass. Or a Way in gross may he that which the Civilians call Personal; as when one covenants for a Way through the ground of another man for himself and his heirs: A way appendant on the other side, may be that which they call Real, as when a man purchases a Way through the ground of another man, for such as do or shall dwe [...] in this or that house, or that are the owners of such a Manor, for ever.
Chiminage.
CHiminage is a Toll paid for a mans passage through a Forest, to the disquiet of the wild beasts of the Forest.
Chirographer.
CHirographer is he that in the Common-Bench-Office, ingrosses Fines acknowledged in that Court into a perpetual Record, (after they are acknowledged and fully passed by those Officers by whom they are first examined) and that writes and delivers the Indentures, one for the Buyer, and another for [Page 137] him that sells, and makes another indented piece, containing also the effect of the Fine, which he delivers over to the Custos Brevium, which is called the Foot of the Fine. The Chirographer also, or his Deputy, proclaims all the Fines in the Court every Term, according to the Statutes, and then repairing to the Office of the Custos Brevium, there endorses the Proclamations upon the backside of the Foot thereof, and always keeps the Writ of Covenant, as also the Note of the Fine.
Chivage.
CHivage. See Chevage.
Chivalrie.
CHivalrie is a Tenure of land by Knights service: for the better understanding whereof it is to be known, that there is no land but is held mediately or immediately of the Crown by some Service or other; and therefore all our Free-holds that are to us and our heirs are called Fees, as proceeding from the bounty of the King for some small yearly Rent, and the performance of such services as originally were imposed upon the Land at the githing [Page 138] thereof: For as the King gave to his Nobles, his immediate Tenants, great possessions for ever, to hold of him for such or such Rent and Service; so they again in time parcelled out, to such as pleased them, their Lands so received of the Kings bounty, for such Rents and Services as to them seemed good. And the Services are all by Littleton divided into two sorts, Chivalry and Socage: the one material and military; the other clownish and rustical.
Chivalry therefore is a Tenure whereby the Tenant is bound to perform some Noble or Military Office to his Lord; and is of two kinds, either Regal, that is, such as may be held onely of the King, or such as may also be held of a common person as well as of the King, That which may be held onely of the King, is properly called S [...] rvitium or Sergeantia, and is also again divided into Grand and Petit Serjeanty Grand Serjeanty is that, where a man holds lands of the King by service which he ought to do in his own person, as to carry the Kings Banner or his Spear, to lead his Army, to be his Marshal, to blow a Horn when he sees his enemies invade the Land, or to find an armed man to fight within the four Seas, or to do it himself, [Page 139] or to carry the Kings Sword before him at his Coronation, or at that day to be his Sewer. Carver, Butler, or Chamverlain.
Petit Serjeanty is, where a man holds land of the King to pay him yearly a Bow, a Sword, a Dagger, a Knife, a Spear, a pair of Gloves of maile, a pair of Spurs of Gold, or to give such other small things concerning the War.
Chivalrie that may hold of a common person as well as of the King is called Escuage, Service of the shield; and this is either uncertain, or certain. Escurage uncertain is also of two kinds; first, where the Tenant by his Tenure is bound to follow his Lord going in person to the Kings wars against his enemies, either himself, or to send a sufficient man in his place, there to be maintained at his costs so many dayes as were agreed upon between the Lord and his Tenant at the granting of the Fee. And the dayes of such service seem to have been rated by the quantity of the land so held: as if it extends to a whole Knight's Fee, then the Tenant was bound so to attend his Lord 40 days; and a Knight's fee was so much land as in those days was accounted a sufficient living for a Knight, and this was 680 acres, by the opinion of some, or eight hundred, as others think; or fifteen pounds by the year. Cambden's [Page 140] Brit. fol. 110. If the land extends but to the moiety of a Knight's fee, then the Tenant is bound to follow his Lord but 20 days; if a fourth part, then 10 days. Fitzh. Nat. Brev fol. 83. c. & 84. c e. The other kind of Escuage uncertain is called Castleward, where the Tenant by his land is bound, either by himself or some other, to defend a Castle as often as it shall come to his turn.
Escuage certain is, where the Tenant is assessed to a certain summe of money to be paid instead of such uncertain service; as that a man shall pay yearly for a Knights Fee 20 shillings, for the half 10 shillings, or any such rate. And this Service, because it is drawn to a certain Rent, comes to be of a mixt nature, not meerly Socage, for it smells not of the Plow; and yet Socage in effect, being now neither personal service, nor incertain. Chivalry hath other conditions annexed thereunto: as Homage, Fealty, Wardship, Relief, and Marriage, Bract. l. 2. c. 35. and what they signifie see in their several places. Chivalry is either general, or special, Dyer fol. 161. plac. 47. General seems to be, where it is only said in the Feoffment, that the Tenant holds by Knights Service, without any specification of Sergeanty, Escuage, &c. Special is that which is declared particularly what kind of [Page 141] Knights service he holds by. See the Statute 12 Car. 2. c. 24
Thing in Action.
THing in Action is, when a man hath cause, or may bring an Action for some duty due to him; as an Action of Debt upon an Obligation, Annuity, or Rent, Action of Covenant, or Ward, Trespasse of goods taken away, Beating, or such like: and because they are things whereof a man is not possessed, but for recovery of them is driven to his Action, they are called Things in Action. And those Things in Action that are certain, the King may grant, and the Grantee may have an Action for them in his own name only: But a common person cannot grant his Thing in Action, nor the King himself his Thing in Action, which is uncertain, as Trespass, and such like.
But of late times it is used in London, that Merchants and others there, who have Bills without Seals for payment of Money assign them to others, who bring actions in their own names.
Churchesset.
CHurchesset is a word whereof Flet. l. 1. c. 47. in the end thus writes: It signifies a certain Measure of Wheat, which in times past every man on St. Martins day gave to Holy Church, as well in the time of the Britains as of the English. Yet many great persons, after the coming of the Romans, gave that Contribution, according to the ancient Law of Moses, in the name of the First-fruits, as in the Work of King Kanutus sent unto the Pope is contained; in which they call the Contribution Chirchsed, as one would say, Church-seed.
Church-wardens.
CHurch-wardens are Officers yearly chosen by the consent of the Minister and the Parishioners, according to the custom of every several place, to see to the Church, Church-yard, and such things as belong to both, and to observe the behaviour of the Parishioners, for such crimes as appertain to the jurisdiction or censure of the Ecclesiastical Court. These are a kind of Corporation, and are enabled by Law to sue for any thing belonging to their Church, or the Poor of the Parish. See Lambert's Duty of Church-wardens.
Cinque Port.
CInque Port are five Haven-towns, that is, Hastings, Romney, Hythe, Dover, and Sandwich, to which have been granted long time since many Liverties (which other Port-towns haue not,) and that first in the time of King Edward the Confessor; which have been increased since, and that chiefly in the days of the three Edwards, the first, the second, and third, as appears in Dooms-day book, and other old Monuments, too long to recite.
Circuity of Action.
CIrcuity of Action is, when an Action is rightfully brought for a Duty, but yet about the bush, as it were, for that it might as well have been otherwise answered and determined, and the Suit saved: and because the same Action was more then needful, it is called Circuity of Action. As if a man grant a Rent-charge of x.li. out of his Mannor of Dale, and after the Grantee disseises the Grantor of the same Manor, and he brings an Assise, and recovers the land, and xxli. damages, which xx.li. being paid, the Grantee of the Rent sues his Action for x.li. of his Rent due during the time of the Disseisin, [Page 144] which if no Disseisin had been he must have had: This is called Circuity of Action, because it might have been more shortly answered; for whereas the Grantor shall receive xx.li. damages, and pay x.li. Rent, he may haue received but the x.li. only for the damages, and the Grantee might have cut off and kept back the other x.li. in his hands, by way of deteiner for his Rent, and so thereby might have saved his Action.
Circumstantibus.
CIrcumstantibus is a word of Art, signifying the Supply and making up the number of Iurors, if any impannelled do not appear, or are challenged by either party, by adding to them as many others of those that are present and standers by. See 35 H. 8. c. 6. & 5 El. c. 25.
City.
CIty is such a Town corporate as hath a Bishop and a Cathedral Church, whereof such words are found: The same place is called Urbs, Civitas, and Oppidum. It is called Civitas in regard it is governed in justice and order of Magistracy; Oppidum for that there are therein great plenty of Inhabitants; and Urbs, because it is in due form begirt about with Walls. But that place [Page 145] is commonly called Civitas which hath a Bishop. Yet Crompton in his Jurisdictions reckons up all the Cities, and leaves out Ely, although it hath a Bishop and a Cathedral Church, and puts in Westminster, notwithstanding it now hath no Bishop. And 35 El. 6. Westminster is called a City: and Anno 27 ejusd. c. 5 ( of Statutes not printed) Westminster is alternative called a City or Borough. It appears by the Stat. 35 H. 8. c. 10. that then there was a Bishop of Westm. Cassanaeus writes, that France hath within its Territories 104 Cities, and gives this reason, because there are so many Sees of Archbishops and Bishops.
Clack.
CLack, as to clack, force, and bard wool, 8 H 6. cap. 22. whereof the first, viz. to Clack wool is, to cut off the mark of the Sheep, which makes it to weigh lesse, and so to pay the less Custome to the King: To Force wool is, to clip the upper and most hairy part of it: To Bard or beard wool is, to cut the head and neck from the other part of the Fleece.
Claim.
CLaim is a Challenge by any man of the property or ownership of a thing which he [Page 146] hath not in possession, but is withholden from him wrongfully: and the party that so makes this Claim shall have thereby a great advantage; for by it, in some cases, he may avoid a Discent of lands; and by it, in other cases, he may save his Title, which otherwise should be lost. As if a man be disseised, and the Disseisee makes a Continual claim, that is, if he claim the lands whereof he is disseised within the year and day before the death of the Disseisor, then may he enter, notwithstanding the Discent.
Also, if a Fine be levied of another mans Land, then he that hath right thereunto ought to make his Claim within five years after the Proclamation had, made, or certified, by the Statute of 4 Hen. 7. cap 24. But a Stranger that hath no right cannot of his own head enter, or make Claim in the name of him that hath right to avoid the Fine within the five years, without commandment precedent or assent subsequent: yet Gardian for education, or in Socage, may enter or make Claim in the name of the Infant that hath right to enter or make Claim; and this shall help the estate of the Infant, without commandment or assent, for there is privity between them.
Claim of Libertie.
Is a Suit or Petition to the King, in the Court of Exchequer to have Liberties and Franchises confirmed there by the Kings Attorney General, Co. Ent. 93.
Clergie.
CLergie is taken divers wayes; sometimes for the whole number of Religious men, sometimes for a Plea to an Indictment or Appeal: and is defined to be an ancient Liberty of the Church, confirmed in divers Parliaments. And it is, when a man is arraigned of Felony, or such like, before a temporal Iudge, &c. and the prisoner prayes his Clergy, that is, to have his Book, which in ancient time was as much as if he desired to be dismissed from the temporal Iudge, and to be d [...]livered to the Ordinary to purge himself of the same offence. And then the Iudge shall command the Ordinary to trie if he can read as a Clerke, in such a Book and place as the Iudge shall appoint. And if the Ordinary certifie the Iudge that he can, then the prisoner shall not have judgment to lose his life. But this Libertie of the Clergie is restrained by the Statute of 8 El. c. 4. an. 14 ejusd. c. 5. an. 18 ejusd. c. 4, 6, 7. & 23 ejusd. cap. 2. & 29. ejusd. cap. 2 & [Page 148] 31 ejusd. cap. 12. & 39 ejusd. cap. 9, & 15. See Crompt. Just. of Peace, fo. 102, &c. and Stamf. lib. 2. cap. 41. and the Stat. of 18 Eliz. cap. 7. by which Clerks are not to be delivered to their Ordinaries to be purged, but now every man, though not within Orders, is put to read at the Bar, being found guilty, and convicted of such Felony, for which this benefit is still granted, and so burned in the hand, and set free the first time, if the Ordinary's Comissary or Deputy saith, He readeth as a Clerk; or otherwise he suffers death for his transgression.
Clerk.
CLerk hath two significations, one as it is the title of him that belongs to the holy Ministery of the Church, that is, in these dayes, either Minister or Deacon of what other degree or dignity soever; although that in ancient time not only Sacerdotes and Diaconi, but also Subdiaconi, Can [...] ores, Acoluthi, Exorcistae and Ostiarii were within this account, as they are at this day where the Canon Law hath full power. And in this signification a Clerk is either Religious, (otherwise called Regular) or Secular. 4 H. 4. cap. 12.
The other signification of this word denotes such as by their function or course of life use their pen in any Court, or otherwise; as namely the Clerk of the [Page 149] Rolls of Parliament, Clerks of the Chancery, and such like.
Clerico admittendo.
CLerico admittendo is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne admittas tried and found for the party that procures the Writ. Beg. orig. f. 31.
Clerk Attaint.
CLerk attaint is he who prayes his Clergy after judgment given upon him of the Felony, and hath his Clergy allowed; such a Clerk might not make his Purgation.
Clerk convict.
CLerk convict is he who prayes his Clergy before judgment given upon him of the Felony, and hath his Clergy granted, such a Clerk might make his Purgation. Note, that this Purgation was made when he was dismissed to the Ordinary, there to be tried by the enquest of Clerks: and therefore now by the Stat. of 18 Eliz. cap. 7. no such is put to the Ordinary.
Closh.
CLosh is an unlawfull Game forbidden by the Statute made in the 17 year of E. cap. 4. [Page 150] and it is inhibited also by the Statute of 33 H. 8. cap. 9. But there it is more properly called Clash; for it is the throwing of a Bowl at nine Pins of wood or nine shank-bones of an Oxe or Horse: and it is now ordinarily called Kailes, or Nine-pins.
Coadjutor.
COadjutor to the Disseisin is he who with another disseises one of his Free-hold to the use of the other, and he shall be punished as a Disseisor; but he is not such a Disseisor who gaines the Freehold, but the Free-hold vests and is wholly in him to whose use the Disseisin was committed, as appears in Littleton. l. 3. cap. 3 of Jointenants.
Cocket.
COcket is a Seal pertaining to the King's Custome-house, and it signifies also a Scrowl of Parchment, sealed and delivered by the Officers of the Custome-house to Merchants, as a Warrant that their merchandize are customed. This word is used in the old Statutes now expired, of 14 E. 3. Stat. 1. c. 21. & 11 H. 6. cap. 16.
Codicil.
COdicil is the Will or Testament of a man concerning that which he would have done after his death without the appointing of an Executor. Or it is an addition or supplement added unto a Will or Testament after the finishing of it, for the supply of something which the Testator had forgotten, or to help some defect in the Will. Of this you may read more in Swinbourn's Wills and Testaments, part. 1. Sect. 5. num. 2, 3, &c.
Coin.
COin is a word collective, which contains in it all manner of the several stamps & pourtraitures of Money. And this is one of the Royal Prerogatives belonging to every Prince, that he alone in his own Dominions may order & dispose the quantity, and fashions of his Coin. And though this is the sinew of all traffick and commerce, yet the Coin of one King is not currant in the Realms of another King, commonly, unless at great loss.
If a man binds himself to pay an hundred pounds of lawfull Money of England to another, and at the day of payment some of the money chances to be [Page 152] Spanish or French Coin, there the Obligation is well performed, if those Coins are by Proclamation made currant money of England: For the King by his absolute Prerogative may make any forein Coin lawful money of England at his pleasure by his Proclamation. In case where a man is to pay Rent to his Lessor upon condition of Re-entry, and the Lessee pays the Rent to the Lessor, and he receives it, and puts it in his purse, and afterwards upon review of it at the same time he finds that he hath received some counterfeit pieces, aud thereupon refuses to take away the Money, but re-enters for the Condition broken; there his Entry is not lawful, for when he hath accepted the Money, this was at his peril, and after this allowance he shall not take exception to any of it.
Collateral.
COllateral is that which comes in, or adheres to the side of any thing; as Collateral Assurance is that which is made over and beside the Deed it self: For example, if a man covenants with another, and enters Bond for the performance, the Bond is called Collateral Assurance, because it is external, and without the nature and essence of the Covenant. And [Page 153] Crompton, fol. 185. saith, that to be subject to feeding the Kings Deer is collateral to the soil within the Forest. In like manner we may say, that the liberty to pitch Sheds or Standing for a Fair in the soil of another man is collateral to the land. The private Woods of a common person within the Forest cannot be cut down without the Kings license, for it is a Prerogative collateral to the soil. Man. part. 1. pag. 66. Collateral Warranty; See tit. Warrantie.
Collation.
COllation is properly the bestowing of a Benefice by the Bishop, that hath it in his own Gift or Patronage; and differs from Institution in this, for that Institution into a Benefice is performed by the Bishop at the motion and Presentation of another, who is Patron of the same Church, or hath the Patrons right for that time: Yet Collation is used for Presentation in 25 E. 3. Stat. 6. and there is a Writ in the Regist. 31. b. called De Collatione facta uni post mortem alterius &c. directed by the Iustices of the Common Pleas, commanding them to direct their Writ to the Bishop, for the admitting a Clerk in the place of another presented by the King, who during the Suit between the King [Page 154] and the Bishops Clerk deceased; for judgment once passed for the Kings Clerk, and he dying before he be admitted, the King may give his Presentation to another.
Collusion.
COllusion is, where an action is brought against another by his own agreement, if the Plaintiff recover, then such Recovery is called by Collusion. And in some cases the Collusion shall be enquired of, as in Quare impedit, and Assise, and such like, which any Corporation or Body politick brings against another, to the intent to have the Land or Advowson whereof the Writ is brought in Mortmain. But in Avowry, nor in any Action personal, the Collusion shall not be inquired. See the Stat. of Westm. 2. c. 32. which gives the Quale jus and enquiry in such cases.
Colour.
COlour is feigned matter, which the Defendant or Tenant uses in his barre when an Action of Trespass or an Assise is brought against him, in which he gives the Demandant or Plaintiff a Shew at first sight that he hath good cause of Action, where in truth it is no just cause, but only a Colour [Page 155] and Face of a cause: and it is used to the intent that the determination of the Action should be by the Iudges, and not by an ignorant Iury of twelve men. And therefore a Colour ought to be a matter in Law doubtfull to the common people. As for example, A. brings and Assise of land against B. and B. saith he himself did let the same land to one C. for term of life, and afterward did grant the Reversion to A. the Demandant, and after C. the Tenant for term of life died, after whose decease, A. the Demandant, claiming the Reversion by force of the Grant, (whereto C. the Tenant for life did never atturn) entred, upon whom B. entred, against whom A. for that Entry brings this Assise, &c. This is a good Colour, because the common people think the land will pass by the Grant without Atturnment, where indeed it will not pass, &c.
Also in an Action of Trespass Colour must be given, of which there are an infinite number, one forexample: In an Action of Trespass for taking away the Plaintiffs Beasts, the Defendant saith, that before the Plaintiff had any thing in them, he himself was possessed of them as of his proper goods, and delivered them to A. B. to deliver them to him again when, &c. and A. B. gave them unto the Plaintiff, and the Plaintiff supposing the property to be in A. B. at the time of the gift, took [Page 156] them and and the Defendant took them from the Plaintiff, whereupon the Plaintiff brings an Action: that is a good Colour, and a good Plea. See more hereof in Doctor and Student l. 2. c. 13.
Colour is for this cause viz. where the Defendant justifies by title in trespass or Assize, if he do not give the Plaintiff Colour, his plea amounteth only to not guilty, for if the Defendant hath title he is not guilty 1 Co. 79. 108.
Colour of Office.
COlour of Office is always taken in the worst part, and signifies an act evilly done by the countenance of an Office, and it bears a dissembling face of the right of the Office, whereas the Office is but a vail to the falshood, and the thing is grounded upon vice, and the Office is as a shadow to it. But by reason of the Office, and by virtute of the Office, are taken always in the best part, and where the Office is the just cause of the thing, and the thing is pursuing the Office, Plo. in Dive & Man. case, sol. 64. a.
Combat.
COmbat, in our ancient Law, was a formal Trial of a doubtful Cause or quarrel by the Sword or Bastons of two Champions. See Glanvile l. 14. c. 1. Britton c. 22. and Dyer fol. 301. num. 41.
Commandment.
COmmandment is taken in divers significations: sometimes for the Commandment of the King, when by his mere motion and from his own mouth he casts any man into prison, Stamf. Plac. Coron. fol. 72. or of the Iustices: And this Commandment of the Iustices is either absolute or ordinary. Absolute, as when upon their own authority, or wisdom and discretion, they commit any man to prison for a punishment. Ordinary is, when they commit one rather to be safely kept, then for punishmenr; and a man committed by such ordinary Commandment is bailable, Placit. Cor. fol. 73. Commandment is again used for the offence of him that wills another man to transgresse the Law, or to do any such thing as is contrary to the Law, as Murther, Theft, or such like, Bract. l. 3. tract. 2. c. 19. The Civilians call this Commandment, Angelus de maleficiis.
Commendrie.
COmmandrie was the name of a Manor or chief Messuage, with which Lands or Tenements were used belonging to the late Priory of S. John of Jerusalem, untill they were given to King Henry the eighth by Statute made in the 32 year of his reign. And he who had the Government of any such Manor or House was called the Commander, who had nothing to do to dispose of it, but to the use of the Priory, and to have only his sustenance from it according to his degree, which was usually a Brother of the same Priory, who had been made Knight in the Wars against Infidels; and they were lately called Knights of the Rhodes, or Knights of Malta, of the places where their grand Master did dwell. See the said Statute, and the old Statute intituled De Templariis, whose decay was, a great increase of this Order. And many of these Commandries are called in the Country by the name of Temple.
Commandam.
COmmendam is a Benefice that, being void, is commended to the care of some sufficient Clerk, to be supplied untill it may be conveniently provided of a Pastor. And the true [Page 159] original of these Commendams was either evident profit, or necessity. He to whom the Church is commended hath the fruits and profits thereof only for a certain time, and the nature of the Church is not changed thereby, but is as a thing deposited in the hands of him to whom it is commended, who hath nothing but the Custody thereof, which may be revoked.
Commissary.
COmmissary is a title of Ecclesiastical Iurisdiction, appertaining to him that exercises Spiritual Iurisdiction in places of the Diocess so far distant from the chief City, that the Chancellor cannot call the Subjects to the Bishop's principal Consistory without their great trouble. This Commissary is called by the Canonists Commissary, or Officialis foraneus; and is ordained to this special end, that he should supply the Office and Iurisdiction of the Bishop in the out-places of the Diocess, or in such Parishes as are peculiars to the Bishop and exempted from the Archdeacon's Iurisdiction: for where by prescription, or by composition, there are Archdeacons; who have Iurisdiction in their Archdeaconries, as in most places they have, there this Commissary is superfluous, and rather to the prejudice then good of the people.
Commission.
COmmission is as much in the Common Law as the word Delegate in the Civil, and is taken for the Warrant or Letters Patents which all men, using Iurisdiction, either ordinary or extraordinary, have for their power to hear or determine any matter or action. Yet this word sometimes extends more largely then to matters of Iudgement; as the Commission of Purveyors or Cakers, 11 H. 4. c. 28. But with this Epithete High, it is most commonly used for the High-Commission Court, instituted and founded upon the Stat. of 1 Eliz. c. 1. for the ordering and reforming of all offences in any thing appertaining to the Iurisdiction Ecclesiastical, but especially such as are of highest nature, or at least require greater puishment then the ordinary Iurisdiction call afford. See the Statutes 17 Car. 1. c. 11. and 13 Car. 2. c. 12. by which the said Court is wholly abolished.
Commission of Rebellion.
Com̄ission of Rebellion, otherwise called a Writ of Rebellion, is used when a man after Proclamation made by the Sheriff, upon an Order or Process of the Chancery, under penalty [Page 161] of Allegeance to present himself to the Court by a day certain, appears not. And this Commission is directed by way of command to certain persons, to the end they, three, two, or one of them, shall apprehend or cause to be apprehended the party, as a Rebell and contemner of the Kings Laws, in what place s [...] ever they shall find him within the Kingdom, and bring or cause him to be brought to the Court upon a day therein assigned.
Committee.
COmmittee is he or they to whom the consideration or ordering of any matter is referred, either by some Court, or consent of the parties to whom it appertains: as in Parliament a Bill being read, is either consented unto and passed, or denied, and referred to the consideration of some certain man appointed by the House, who hereupon are called a Committee. But this word is otherwise used by Kitchen. f. 160. where the widdow of the Kings Tenant is called the Committee of the King, that is, one committed by the ancient Law of the Land to the Kings care and protection.
Common.
COmmon is the right that a man hath to put his Beasts to Pasture, or to use the ground that is not his own.
And note that there are divers Commons, that is, Common in grosse, Common appendant, Cō mon appurtenant, and Common because of neighbourhood.
Common in Gross is, where I, by my Deed, grant to another that he shall have Common in my Land.
Common appendant is, where a man is seised of certain land, to which he hath Common in anothers ground, only for those beasts which compost the land to which it is appendant, excepting Geese, Goats, and H [...] gs; which Common is by prescription, and of common right, and appendant to arable land only.
Common appurtenant is of the same nature with Common appendant; but with all manner of beasts, as well Hogs and Goats, as Horses, Kine, and such as compost the ground. And this Common may be made at this day, and severed from the land to which it is appurtenant, but so cannot Common appendant.
Common because of neighbourhood is, where the Tenants of two Lords are seised of two [Page 163] Mannors adjoyning to each other; and the Tenants have time out of mind intercommoned each with other with all manner of beasts commonable.
Yet the one may not put his Cattel in the others ground, for so they of the other Town may distrain them Dammage fesant, or have an Action of Trespass: but they may put them into their own fields, and if they stray into the fields of the other Town, there they ough to suffer them. And the inhabitants of the one Town ought not to put in as many beasts as they will, but with regard to the inhabitants of the other, for otherwise it were no good Neighbourhood, upon which all this depends.
Common Fine.
COmmon Fine is a certain summe of Money which the Resiants in a Leet pay unto the Lord of the Leet; and it is called in some places Head-silver, in some places Certum Letae, and was (as it seems) first granted to the Lord towards the charge of his purchase of the Leet, whereby the Resiants had now an ease to do their Suit royal within the Mannor, and not be compelled to go to the Sherifs Tourn to do it. And for this Common Fine the Lord must prescribe, and cannot distrain for it without [Page 164] a prescription, as it appears in Godfrey's Case, in 11. Rep. fo. 44. b.
Common Law.
COmmon Law is for the most part taken three ways. First, for the Laws of this Realm simply, without any other Law, as Customary, Civil, Spiritual, or whatever other Law joyned to it; as when it is disputed in our Laws of England, what ought of right to be determined by the Common Law, and what by the Spiritual Law, or Admirals Court, or such like.
Secondly, it is taken for the Kings Courts, as the Kings Bench, or Common Place, only 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 [Page 165] 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.
[Page 166] 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 [Page 167] 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 [Page 169] 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 [Page 170] 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 for them, Anno 39 Eliz. cap. 22. They are so called a concelando, as Mons a Movendo, by Antiphrasis.
Conclusion.
COnclusion is, when a man by his own act upon record hath charged himself with a Duty or other thing: As if a Free-man confesse himself to be the Villain of A [...] upon record, and afterward A. takes his goods, he shall be concluded to say in any Action or Plea afterwards that he is free, by reason of his own confession. So if the Sheriff, upon a Capias to him directed, returns that he hath taken the body, and yet hath not the body in Court at the day of the Return, he shall be amerced: and if it were upon a Capias ad satisfac', the Plaintiff may have his Action against the Sherif for the Escape; for by such Return the Sherif hath concluded himself.
And this word Conclusion is taken in another sense, as for the End or later part of any De [...] aration, Barre, Replication, &c. As where to the Barre there ought to be a Replication, the Conclusion of his Plea shall be, And this he is ready to affirm. If in Dower the Tenant pleads, that he was never seised so as to tender Dower, the Conclusion shall be, and upon this he puts himself upon the Country. And in what manner the Conclusion shall be according to the nature of several Actions, See Kitch. f. 219, 220, &c.
Concord.
COncord is defined to be the very Agreement between parties that intend the levying a Fine of Lands one to another, how and in what manner the Lands shall be passed; for in the form thereof many things are to be considered. See West. part 2. tit. Fines & Concords, sect. 30.
Concord is also an Agreement made upon any Trespasse committed between two or more, and is divided into a Concord Executory, and Executed. See Plowd. in Reniger and Fogasie's Case, fol. 5, & 6. where it appears by the opinion of some, That the one doth not bind, as being imperfect; the other, being absolute, binds the parties. And yet by the opinion of others, in the same case, it is affirmed, That Concords Executory are perfect, and do no less bind then Concords Executed, fol. 8. b.
It is lately held, that in as much as Actions on assumpsits are now in use, which were rarely before the reign of King H. 8. that now an accord with an Assumpsit upon which an Action lyes is a good plea in all those Actions to which it was formerly a good plea if executed.
Concubinage.
COncubinage is an Exception against her that brings an Action for her Dower, whereby it is alledged, That she was not lawfully married to the party in whose lands she seeks to be endowed, but his Concubine. Brit. cap. 107. Bract. lib. 4. tract. 6. cap. 8.
Conders.
COnders are those that stand upon high places near the Sea-coast, at the time of Herring-fishing, to make signs with boughs, &c. in their hands to the Fishers, which way the shole of Herrings passes: for they who stand upon some high Cliffe may see it better then those that are in their Ships. These are otherwise called Huers and Balkers, as appears by the Statute of 1 Jac. cap. 23.
Condition.
COndition is a Restraint or Bridle annexed to a thing, so that by the not performance, or not doing of it, the party to the Condition shall receive prejudice and loss, and by the performance and doing of it, commodity and advantage.
[Page 174] All Conditions are either Conditions actual and expressed, which are called Concitions in Deed; or else implied or covert, and not expressed, which are Conditions in Law.
Also all Conditions are either Conditions precedent and going before the Estate, and are executed; or else subsequent and following after the Estate, and executory.
Condition precedent doth get and gain the thing or Estate made upon Condition, by the performance of it.
Condition subsequent keeps and continues the thing or Estate made upon Condition, by the performance of it.
Actual and expresse Condition, which is called a Condition in Deed, is a Condition annexed by express words to the Feoffment, Lease, or Grant, either in writing, or without writing: As if I infeoff a man in lands, reserving a Rent to be paid at such a Feast, upon Condition, that if the Feoffee fail of payment at the day, then it shall be lawfull for me to re-enter.
Condition implied or covert is, when a man grants to another the Office to be Keeper of a Park, Steward, Bedle, Bayliff, or such like, for term of life; and though there be no Condition at all expressed in the Grant, yet the Law speaks covertly of a Condition, which is, That if the [Page 175] Grantee doth not execute all points appertaining to his Office, by himself or his sufficient Deputy, then it shall be lawfull for the Grantor to enter, and discharge him of his Office.
Condition precedent is, when a Lease is made to one for life, upon Condition, That if the Lessee will pay to the Lessor xx. li. at such a day then he shall have Fee-simple: here the Condition preceeds the Estate in Fee-simple, and upon the performance of the Condition doth gain the Fee-simple.
Condition subsequent, and coming after, is, when one grants to J. S. his Manor of Dale in Fee-simple, upon Condition, That the Grantee shall pay to him at such a day xx. li. or else that his Estate shall cease: here the Condition is subsequent and following the Estate in Fee, and upon the performance thereof doth continue the Estate.
See more of this in Cok. lib. 3. fol. 64. and in Lit. li. 3. cap. 5. and Perkins in the last Title of Conditions.
Confederacy.
COnfederacy is, when two or more confederate themselves to do any hurt or damages to another, or to do any unlawfull thing. And though a Writ of Conspiracy doth not lie, if the party [Page 176] be not indicted, and in lawfull manner acquitted, for so are the words of the Writ; yet false Confederacy between divers persons shall he punished, though nothing be put in ure: and this appears by the Book of 27 Assis. placit. 44. where there is a note, That two were indicted of Confederacy, each of them to maintain other, whether their matter were true or false, and though nothing was supposed to be put in use, the parties were put to answer, because this thing is forbidden in the Law. So in the next Article in the same Book, Enquiry shall be made of Conspirators and Confederators, which bind themselves together, &c. falsly to endite or acquit, &c. the manner of their binding, and between whom: which proves also, that Confederacy to indite or acquit, although nothing be done, is punishable by the Law. And it is to be observed, that this Confederacy punishable by Law before it be executed, ought to have four incidents: First, to be declared by some matter of prosecution, as by making of Bonds or Promises the one to the other; secondly, to be malicious, or for unjust Revenge; thirdly, to be false against on innocent; and lastly, to be out of Court, voluntarily.
Confession of Offence.
COnfession of Offence is, when a prisoner is appealed or indicted of Treason or Felony, and broughe to the Bar to be arraigned; and his Indictment is read unto him, and he is demanded by the Court what he can say thereto; then either he confesses the Offence and the Indictment to be true, or he estranges himself from the Offence, and pleads not guilty, or else gives an indirect answer, and so in effect stands mute.
Confession may be made in two sorts, and to two several ends. The one is, he may confesse the offence whereof he is indicted openly in the Court before the Iudge, and submit himself to the censure and judgement of the Law: which Confession is the most certain answer and best satisfaction that may be given to the Iudge to condemn the Offendor, so that it proceeds freely and of his own accord, without any threats, force, or extremity used; for if the Confession arise from any of these causes, it ought not to be recorded. As a woman was indicted for the felonious taking of Bread to the value of two shillings, and being thereof arraigned, she confessed the Felony, [Page 178] and said, that she did it by the commandment of her husband; and the Iudges in pity would not record her Confession, but caused her to plead Not guilty to the Felony: whereupon the Iury found, that she stole the Bread by the compulsion of her husband against her will, for which cause she was discharged. 27 Assis. pla. 50.
The other kind of Confession is, when the prisoner confesses the Indictment to be true, and that he hath committed the Offence whereof he is indicted, and then becomes an Approver, that is, an Accuser of others who have committed the same Offence whereof he is indicted, or other Offences with him; and then prayes the Iudge to have a Coroner assigned him, to whom he may make relation of those Offences, and the full circumstances thereof.
There is also a third kind of Confession made by an Offendor in Felony, which is not in Court before the Iudge, as the other two are, but before a Coroner in a Church or other priviledged place, upon which the Offendor by the ancient Law of the Realm is to abjure the Realm.
Confirmation.
COnfirmation is, when one who hath right to any Lands or Tenements makes a Deed to another who hath the possession or some Estate, with these words, Ratificasse, Approbasse, Confirmasse, with intent to enlarge his Estate, or make his possession perfect, and not defesible by him that makes the Confirmation, nor by any other that may have his right.
Whereof see more in Littl. l. 3. cap. 9. of Confirmation.
Confiscate.
COnfiscate is derived from the Latine Fiscus, which originally signifies a Hamper or Basket, but metonymically the Princes Treasure, because in ancient time it was put in the Hampers or Frails. And though our King doth not put his Treasure in such things, yet as the Romans have said, that such goods as were forfeited to the Emperors Treasury were Bona Confiscata, in like manner do we say of such goods as are forfeited to the Kings Exchequer. And the title to have these goods is given to the King by the Law, when they are not claimed by some other: As if [Page 180] a man be indicted, that he feloniously stole the goods of another man, where in truth they are the proper goods of him indicted, and they are brought in Court against him as the manner, and he there asked what he says to the said goods; to which he disclaimes: by this Disclaimer he shall lose the goods, although that afterwards he be acquitted of the Felony, and the King shall have them as confiscated. But otherwise it is, if he doth not disclaim them.
The same Law is where goods are found in the Felons possession, which he disavows, and afterwards is attainted of other goods, and not of them; there the goods which he disavows are confiscate to the King: But had he been attainted of the same goods, they should have been said to be forfeited, and not confiscate, notwithstanding his Disavowment. So if an Appeal of Robbery be brought, and the Plaintiff leaves out some of his goods, he shall not be received to enlarge his Appeal; and forasmuch as there is none to have the goods so left out, the King shall have them as confiscate, according to the old rule, Quod non capit Christus, capit Fiscus. And as in the case aforesaid the Law punishes the owner for his negligence and connivency, so the Law abhors malice, in seeking the bloud of any without [Page 181] just cause. And therefore if A. hath the goods of B. by delivery, or finding, and B. brings an Appeal against A. for taking them feloniously, and it is found that they were the Plaintiffs goods, and that the Defendant came lawfully by them; in this case these goods are confiscate to the King, because of the false and malicious Appeal.
Congeable.
COngeable comes of the French word Conge, id est, venia, and signifies in our Common Law as much as Lawfull, or lawfully done; and so Littleton uses it in his 410. sect. where he says, that the Entry of the Dis [...] elsee is Congeable.
Conged' eslire.
COnge đ eslire (i Leave to chuse, or Power of chusing) is the Kings Royal Permission to any Dean and Chapter in time of Vacancy to chuse a Bishop; or to an Abbey or Priory of his own foundation, to chuse their Abbot or Prior. Fitzh. Nat. Brev. fol. 169. b. 170. b. c. &c. Master Gwin in the Preface to his Readings saith, That the King of England, as Soveraign Patron of all Archbishopricks, Bishopricks, and other Ecclesiastical Benefices, had of ancient time free disposition of all Ecclesiastical [Page 182] Dignities whensoever they happen'd to be void, investing them first per baculum & annulum, and afterwards by his Letters Patents; and that in progress of time they gave power to others to make Election under certain forms and conditions; as namely, that they upon e [...] ery Vacation should beg of the K. Conge de eslire, that is, licence to proceed to Election, and after to crave his Royal Assent, &c. And farther he affirms by good proof out of the Common-Law Books, that King John was the first that granted it, and that it was afterward confirmed by Westm. 1. c. 1. which Statute was made Anno 3 E. 1. and again by the Statute de Art. Cleri, c. 2. which was ordained Anno 25 E. 3 Stat. 3.
Conjuration.
COnjuration is a Compact or Plot made by men combining themselves together by oath or promise to do any publick harm. But it is more commonly used for such as have personal Conference with the Devil or evil Spirit, to know any secret, or to effect any purpose. Anno 5 Eliz. c 16. And the difference between Conjuration and Witchcraft may be this: Because the one seems by Prayers and Invocation upon the powerful Name of God, to compell [Page 183] the Devil to say or do what he commands; and the other doth it rather by a friendly and voluntary Conference or agreement between him or her, and the Devil or Familiar, to have his or her desires and purposes effected, instead of blood or other gift offered him, especially of his or her Soul. And both these differ from Enchantments or Sorceries, because they are personal Conferences with the Devil, as is said; but these are but Medicines and ceremonial forms of words, commonly called Charms, without apparition.
Conservator of the Peace.
COnservator of the Peace is he that hath an especial charge by virtue of his Office to see the Kings Peace kept. Which Peace in effect is defined to be, A with-holding or abstinence from that injurious force and violence that unruly and boisterous men are in their natures prone to use towards others, were they not restrained by Laws and fear of Punishment. Of these Conservators Lambert farther saith, That before the time of King E. 3 who first appointed Iustices of Peace, there were sundry persons who by the Common Law had interest in keeping of the Peace. Of those some had that charge as incident to their Offices, and so included [Page 184] within the same, and yet notwithstanding were called by the name of their Office only: others had it simply, as of it self, and were thereof named Custodes Pacis, Wardens or Conservators of the Peace. And both these sorts are again subdivided by Lambert in his Eirenarcha, l. 1. c. 3.
Conservator of the Truce.
COnservator of the Truce was an Officer appointed in every Port of the Sea under the Kings Letters Patents, and had 40 li. for his yearly stipend at the least. His charge was to enquire of all Offences done against the Kings Truce and Sa [...] e conducts upon the main Sea, out of the Countries and Liberties of the Cinque-Ports of the King, as the Admirals have accustomedly done; and such other things as are declared Anno 2 H. 5. cap. 6. Touching this matter you may read the other Statute of Anno 4 H. 5. c. 7.
Consideration.
COnsideration is the material cause of a Contract, without which no Contract can bind the party. This Consideration is either expressed, as when a man bargains to give twenty shillings for an Horse: or is implied, [Page 185] as when the Law it self inforces a Consideration; as if a man comes into a common Inne, and there staying some time, takes meat or lodging, or either, for himself or his horse, the Law presumes he intends to pay for both, notwithstanding that nothing be covenanted between him and his Host, and therefore if he discharges not the house, the Host may stay his horse.
Also there is Consideration of nature and blood, and Valuable Consideration: and therefore if a man be indebted to divers others, and yet, in consideration of natural affection, gives all his goods to his son or cousin, this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable consideration.
Consistory.
COnsistory is a word borrowed of the Italians, or rather Lombards, and signifies as much as Tribunal. It is vocabulum utriusque Juris, and is used for the place of Iustice in the Courts Christian or Spiritual.
Consolidation.
COnsolidation is used for the Combining and uniting of two Benefices in one: And [Page 186] this word is taken from the Civil Law, where it properly signifies an Vniting of the possession, occupation, or profit, with the property. As if a man hath by Legacy usum fructum fundi, and after purchases the Property or Fee-simple of the Heir; in this case a Consolidation is made of the Profits and Property. Vide Brook, tit. Union.
Conspiracie.
COnspiracie, notwithstanding that in Latine and French it is used for an Agreement of men to do a good or evil thing, yet it is commonly taken in our Law in the evil part; and is defined in 34 E. 1. Stat. 2. to be an Agreement of such as confeder or bind themselves by Oath, Covenant, or other alliance, that every of them shall bear and aid the other falsly and maliciously, to indict, or falsly to move or maintain Pleas; and also such as cause Children within age to appeal men of Felony, whereby they are imprisoned and sore grieved; and such as maintain men in the Country with Liveries and Fees to maintain their malicious enterprises: and this extends as well to the takers, as to the givers. Also Stewards and Bayliffs of great Lords, who by their Selgniory, Office or power, undertake to bear or maintain Quarrels, Pleas or [Page 187] Debates, that concern other parties then such as touch the Estate of their Lords, or of themselves. Anno 4 E. 3. c. 11. 3 H. 7. c. 13 And hereof see more, 1 H. 5. c. 3. 18 H. 6. c. 12. also in the old Book of Entries, word Conspiracie.
This word in the place before rehearsed is taken more generally, and is confounded with Maintenance and Champerty; but in a more special signification it is taken for a Confederacy between two or more, falsly to indict one, or to procure one to be indicted of Felony. And the punishment of Conspiracy upon an Indictment of Felony at the Suit of the King is, That the party attainted shall lose his frank law, so that he shall not be impanelled upon Iuries or Assises, or such like imployments, for testifying of the truth: and if he hath to do in the Kings Court, he shall make his Attorney; and his lands, goods and chattels shall be seised into the Kings hands, his lands estreaped, his trees digged up, and his body committed to prison. 27 lib. Assise 59 Crompton 156. b. this is called villanous Judgement. But if the party grieved will sue a Writ of Conspiracy, then see Fitzh. Nat. Brev. 114. d. 115. i. &c.
Constable.
COnstable is diversely used in the Common Law. And first, the Constable of England, who is also called Marshal, Stanf. Pl. Cor. fol. 65. of whose authority and dignity a man may find many arguments and signs, as well in the Statutes, as in the Chronicles of this Realm. His power consists in the care of the common Peace of the Land, in deeds of Arms, and matters of War, Lamb. Duties of Constables, num 4. wherewith agrees the Statute of 13 R. 2. c. 2. Stat. 1. Of this Officer or Magistrate, Gwyn, in the Preface to his Readings, saith to this purpose; The Court of the Coustable and Marshal determines Contracts touching Deeds of arms out of the Realm, and handles things concerning Wars within the Realm, as Combats, Blazons of armory, and suth like; but he hath nothing to do with Battel in appeal, nor generally with any other thing that may be tried by the Law of the Land. See Fortesc' cap. 32. This Office heretofore was appertaining to the Lords of certain Manors Jure feudi; and why it is discontinued, see Dyer 285. pl. 39.
Out of this Magistracie (saith Lambert) were drawn these inferior Constables, which [Page 189] we call Constables of Hundreds and Liberties, and first ordained by the Statute of Winchester 13 Edw. 1. which appoints for the conservation of the Peace, and view of Armour, two Constables in every Hundred and Liberty; and these are at this day called High Constables, because the increase of people and offences hath again under these made others in every Town, called Pe [...] ie Constables, who are of the like nature, but of inferiour authority to the other.
Besides these, there are Officers of particular places called by this name; as Constable of the Tower, Stan. 152. 1 H. 4. 13. Constable of the Exchequer, 15 H. 3. Stat. 5. Constable of Dover Castle, Camb. Brit. pag. 239. F. N. B. otherwise called Castellain. Manw. part. 1. cap. 13. of his Forest Law, makes mention of a Constable of the Forest.
Customes and Services. See Prescription.
CUstomes and Services is a Writ, and lies where I or my ancestors, after the limitation of Assise, (for which see the Title of Limitation in the Collection of Statutes) were not seised of the Customes or Services of the Tenant before; then I shall have this Writ to recover those Services.
[Page 190] Also the Tenant may have this Writ against his Lord, but after the Tenant hath declared, the Lord shall defend the words of the Declaration, and replying shall say, that he distrained not for the Customes whereof the Declaration is; and then he shall declare all the Declaration of the Customes and Services; and then the Tenant, who was Plaintiff, shall become Defendant, and shall defend by Battel or great Assise.
Consultation.
COnsultation is a Writ, whereby a Cause being formerly removed by Prohibition out of the Ecclesiastical Court, or Court Christian, to the Kings Court, is returned thither again; For if the Iudges of the Kings Court, comparing the Libell with the Suggestion of the party, find the Suggestion false, or not proved, and therefore the Cause to be wrongfully called from the Court Christian; then, upon this Consultation or Deliberation, they decree it to be returned again; whereupon the Writ in this case obtained is called a Consultation. Of this you may read the Regist. Orig. fol. 44. untill fol. 58. Old. Nat. Brev. fol. 32. & Fitzh. Nat. Brev. fol. 50.
Contenement.
COntenement seems to be the Freehold-land that lies to the Tenement or Dwellinghouse that is in his own occupation: for in Magna Charta, cap. 14. there are these words; A Free-man shall not be amerced for a small fault, but according to the quantity of the fault, and for a great fault, according to the manner thereof, saving unto him his Conteuement or Free-hold: And a Merchant shall also be amerced, saving to him his Merchandizes; and a Villain, saving to him his Wainage.
Continual Claime.
COntinual claim is, where a man hath right to e [...] ter into certain lands whereof another is seised in Fee, or Feetail, and dares not enter for fear of death or beating, but approaches as nigh as he dares, and makes Claim thereto within the year and day before the death of him that hath the Lands; if that he who hath the Land die seised, and his Heir is in by discent, yet he that makes such Claim may enter upon the Heir, notwithstanding such discent, because he hath made such Continual claim. But such Claim must always be made within the year [Page 192] and the day before the death of the Tenant; for if such Tenant do not die seised within a year and a day after such Claim made, and yet he that hath right dares not enter, then it behoves him that hath such right, to make another Claim within the year and day after the first Claim, and after such second Claim, to make the third Claim within the year and day, if he will be sure to save his Entry.
But if the Disseisor die seised within the year and day after the Disseisin, and no Claim made, then the entrie of the Disseisee is taken away, for the year and day shall not be taken from the time of the title of the Entry to him grown, but only from the time of the last Claim by him made, as is aforesaid. See more hereof in Littl. li. 3. c. 7. and see the Stat. 32 H. 8. cap. 33.
Continuance.
COntinuance in the Common Law is of the same signification with Prorogatio in the Civil: as Continuance until the next Assise, Fitzh. Nat. Brev. 154. f and 244. d. in both which places it is said, That if a Record in the Treasury be alledged by the one party, and denyed by the other, a Certiorari shall be sued to the Treasurer and the Chamherlain of the Exchequer; [Page 193] and if they do not certifie in the Chancery that such Record is there, or that it is like to be in the Tower, the King shall send to the Iustices, repeating the said Certificate, and commanding them to continue the Assise. In this signification it is also used by Kitchen, 202. and 119. also Anno 11 H. 6. cap. 4.
Contract.
COntract is a Bargain or Covenant between two parties, where one thing is given for another, which is called Quid pro quo; as if I sell my Horse for money, or if I covenant to make you a Lease of my Mannor of Dale, in consideration of twenty pound that you shall give me, these are good Contracts, because there is one thing for another. But if a man make promise to me, that I shall have xx. s. and that he will be debtor to me thereof, and after I ask the xx s. and he will not deliver it; yet I shall never have any Action to recover this xx s. because this Promise was no Contract, but a bare Promise, and Ex nudo Pacto non oritur Actio. But if any thing were given for the twenty shillings, though it were but to the value of a peny, then it had been a good Contract.
Contra forma Collationis.
COntra formam Collationis is a Writ that lies where a man hath given Lands in perpetual Almes to any of the late Houses of Religion, as to an Abbot and Convent, or other Soveraign, or to the Warden or Master of any Hospital and his Covent, to find certain poor men, and to do other Divine Service, if they alien the Lands, then the Donor or his heirs shall have the said Writ to recover the Land. But this Writ shall be alway brought against the Abbot or his successor, and not against the Alienee, although he be Tenant: but in all other Actions where a man demands Free-hold, the Writ shall be brought against the Tenant of the Land. See the Stat. West. 2. cap. 41.
Contra formam Feoffamenti.
COntra formā Feoffamenti is a Writ that lies where a man before the Statute of Quia emptores terrarum, made 18 Edw. 1. infeoffed another by Deed to do certain Service; if the Feoffor or his heirs distrain him to do other Service then is comprised in the Deed, then the Tenant shall [Page 195] have this Writ, commanding him not to distrain him to do other Service then is comprised in the Deed. But this Writ lies not for the Plaintiff who claims by purchase from the first Feoffee, but for the Heir to the first Feoffee.
Contributione facienda.
COntributione facienda is a Writ that lies where there are divers Parceners, and he who hath the part of the eldest makes all the suit to the Lord, the others ought to make Contribution to him, and if they will not, he shall have against them this Writ. In some cases the Heir shall have Contribution, and in others not, but shall be alone charged: For if a man be seised of three Acres of Land, and acknowledges a Recognizance or Statute, &c. and infeoffs A. of one Acre, and B. of another Acre, and the third discends to his Heir; if Execution be sued against the Heir only, he shall not have Contribution against any Purchasor, yet he is charged as Terre-tenant, and not as Heir; for the Land, and not himself, is charged.
Yet if a man be seised of two Acres, the one of the nature of Borough-English, and binds himself as before, and dies, having issue two daughters, who make partition; in this case, if [Page 196] the one be charged, he shall have Contribution: for as one Purchasor shall have Contribution against others, and against the Heir of the Conusee also; so one Heir shall have Contribution against another Heir, for they are in equal degree. Also if a man be so bound, and after his death some of his Land descends to the Heir of the part of the father, and some to the Heir of the part of the mother; the one alone shall not be charged, but if he be, he shall have Contribution. In Dower, if the Tenant vouches the Heir in ward to three several Lords, each of them shall be equally charged.
If two, four, or more men be severally seized of Land, and they all joyn in a Recognisance; in this case the Conusee cannot extend the Land of any of the Conusors alone, but all ought equally to be charged: for though the Land of the Conusor himself may be only extended when divers men have purchased any of the Land subject to the Recognisance, because the Purchasor is in another degree then the Conusor himself; yet one of the Conusors shall not be solely charged, for he stands in equal degree with the other Conusors: Also the tertenant of a Debtor upon an extent shall have contribution of the Heir of the Debtor, which see 1 Cro. Eyer against Taunton. If Iudgement [Page 197] be given against two Disseisors in Assise for the Land and damages, and one Disseisor dies, the Execution shall not be awarded against the surviving Disseisor that was party to the wrong, but as well the Heir as the Disseisor shall be equally charged. But otherwise it is in personal binding; as if two are bound in an Obligation, there the charge shall survive.
And where it is said, that the one Purchasor shall have Contribution, it is not thereby intended, that the others shall give or allow unto him any thing by way of Contribution; but it ought to be intended, that the party that is solely extended for all may by an Audita querela, or Scire Facias, as the case requires, defeat the Execution, and thereby shall be restored to all the mean profits, and force the Conusee to sue Execution of all the Land: so in this manner every one shall be contributory, viz. the Land of every Terre-Tenant shall be equally extended.
Convocation.
COnvocation is commonly taken for the Assembly of all the Clergy to consult of Exclesiastical matters in time of Parliament: And as there are two Houses of Parliament, so there are two places called Convocation-houses; the one [Page 198] called the Higher Convocation-house, where the Archbishops and Bishops sit severally by themselves; the other, the Lower Convocation-house; where all the rest of the Clergy sit. Vide Prolocutor.
Conusance.
COnusance of Plea is a Priviledge that a City or Tenant hath by the Kings grant, to hold Plea of all Contracts, and of Lands within the precinct of the Franchise, and that when any man is impleaded for any such thing in the Court of the King at Westm. the Mayors or Bayliffs of such Franchises, or their Atturneys, may ask Conusance of the Plea, that is to say, that the Plea and the matter shall be pleaded a [...] d determined before them.
But if the Court at Westminster be lawfully seised of the Plea before Conusance be demanded, then they shall not have Conusance for that Suit, because they have neglected their time of demand thereof: but this shall be no bar to them to have Conusance in another Action; for they may demand Conusance in one Action, and omit it in another, at their pleasure.
And note: that Conusance lies not in Prescription, but it behoves to shew the Kings Letters Patents for it.
Copyhold.
COpyhold is a Tenure for which the Tenant hath nothing to shew but the Copies of the Rolls made by the Steward of his Lord's Court: For the Steward, as he inrolls all other things done in his Lords Court, so he doth also such Tenants as are admitted in the Court to any parcel of Land or Tenements belonging to the Manor; and the Transcript of this is called the Court-Roll, the Copy whereof the Tenant takes from him, and keeps as his only Evidence. Coke l. 4. fol. 25. This Tenure is called a Base Tenure, because it holds at the will of the Lord, Kitchen, fol. 80. Fitzh. Nat. Brev. f. 12. b. c. who saith, it was wont to be called Tenure in Villenage, and that this Copyhold is but a new name. Yet it is not simply at the will of the Lord, but according to the Custome of the Manor; so that if a Copiholder break not the Custome of the Manor, and thereby forfeit his Tenure, he seems not so much to stand at his Lords courtesie for his right, as to be displaced when he pleases. The Customes [Page 200] of Manors are infinite, varying in one point or other almost in every several Manor.
First, some Copyhold is fineable, and some certain. That which is fineable the Lord rates at what Fine he pleases, when the Tenant is admitted unto it: that which is certain is a kind of inheritauce, and called in many places Customary, because the Tenant dying, and the Hold being void, the next of bloud, paying the customary Fine, cannot be denied admittance.
Secondly, some Copyholders have by Custome the Woods growing upon their own Land, which by the Law they cannot have.
Thirdly, there are Copyholders that hold by the Vierge in Ancient demesne, and although they hold by Copy, yet they are in nature of Free-holders; for if such a one commit Felony, the King hath the year, day, and waste, as in case of Free-hold. Some others hold by Common Tenure called mere Copyhold, and if they commit Felony, their Land presently escheats to the Lord of the Manor.
West. part. 1 l. 2. sect. 646. defines a Copyholder thus; Tenant by Copy of Court-roll is he who is admitted Tenant of any Lands or Tenements within a Manor, which time without the memory of man, by use and custome of the said Manor, [Page 201] have been dimisable to such as will take the same in fee, feetail, for life, years, or at will, according to the Custom of the said Manor, by Copy of Courtroll.
Coraage.
COraage is an Imposition extraordinary, growing upon some unusual occasion, and seems to be of certain Measures of Corn. Bract. l. 2. c. 16. num. 6. uses Corus tritici for a measure of Corn; and in the same Chapter, numb. 8. hath these words: There are certain common Protestations, which are not called Services, neither do they arise from Custom, unless some necessary occasion happen, or that the King comes: such are Hidage, Coraage, and Caruage, and many others which are performed in cases of necessity, by the common consent of the whole Kingdom, and which appertain not to the Lord of the Fee; nor is he bound to acquit his Tenant thereof, unless he hath especially tied himself thereto by his own Deed.
Cordwayner.
COrdiner or Cordwayner comes from the French Cordvannier, that is, a Shoomaker, from a kind of Leather which the French-men call Cordovan. And it is a word much used in our [Page 202] Statutes, as in those of 3 H. 8 c. 10. 5 H. 8. c. 7. & 1. Jac. c. 22.
Cornage.
COrnage is a kind of Grand Serjeanty; the Service of which Tenure is, to blow an Horn when any Invasion of the Northern enemy is perceived. And by this many Northward held their Land, about the Wall commonly called the Picts Wall. Cambdens Brit. ꝑag. 609.
See Littleton fol. 35. where he saith, That in the Marches of Scotland some hold of the King by Cornage, that is to say, by blowing a Horn; to warn the Country when they hear that the enemies will come; which Service is Grand Serjeanty.
Corodie.
COrodie is an Allowance of Meat, Bread, Drink, Money, Cloathing, Lodging, and such like necessaries for sustenance. It is sometimes certain where the certainty of things is set down; sometimes uncettain, where the certainty is not set down which he shall have.
And some of them began by Grant made by one man to another, and it may be for life, years, in tail, or in fee: and some Corodies are of common [Page 203] right, as every Founder of Abbeys and other Houses of Religion had authority to assign such in the same Houses, for Father, Brother, Cousin, or other that he would appoint, if it were a House of Monks; and if he were Founder of a House of Nuns, then for his Mother, Sister, or other woman: and always this was provided for, that he that had a Corodie in a House of Monks might not send a woman to take it; nor where Corodie was due in a Nunnery, there it was not lawful to appoint a man to receive it; for in both cases such Presentation was to be rejected. And this Corodie was due as well to a common person Founder, as where the King himself was Founder. But where the House was holden in Frankalmoigne, there the Tenure it self was a discharge of Corodie against all men, except it were afterward charged voluntarily; as when the King would send his Writ to the Abbot for a Corodie for such a one, whom they admit, there the House should be thereby charged for ever, whether the King were Founder or not. See the Writ of Corodio habendo in Fitzh. Nat. Brev. fol. 230.
Coroner.
COroner is an ancient Officer of trust, and of great authority, ordained to be a principal Conservator or keeper of the Peace, to bear record of the Pleas of the Crown, and of his own view, and of divers other things, &c. And therefore in the time of Ed. 1. it was enacted that, Forasmuch as mean men and indiscreet now of late are commonly chosen to the Office of Coroner, where it is requisite that wise men, lawful, and able, should execute such Offices; it is provided, That through all Shires sufficient men shall be chosen to be Coroners, out of the most wise and discreet Knights which best know, can and will attend this Office, and which faithfully will make and represent the Pleas of the Crown.
And although the letter of this Statute be not precisely observed, yet at least the intent should be followed as nigh as might be; so that for the default of Knights and Gentlemen, furnished with such qualities as the Statute sets down, (of which sort there are many) others might be chosen, with this addition, that they be vertuous and good Christians. See hereof in the Writ de Coronatore eligendo, in Fitzh. Nat. Brev. fol. 163.
[Page 205] When the Coroner is to enquire of the death of any person, or to do other thing concerning his Office, he ought to do it in person: and upon the sudden death of any one, he himself ought to see the dead body when he makes enquiry, or otherwise the enquiry is not good; for if he will enquire of any dead person without view, this is without authority, and so void. And if the body be buried before his coming, he ought to record it in his Rolls, to the intent that the Town where the burying was should be amerced for it before the Iustices in Eyre, upon the sight of the Coroners Rolls. And nevertheless the Coroner ought to take up the body out of the ground, and make the enquiry upon view of the body, as he should do if it had not been buryed: and the Town shall also be amerced, if they suffer it tol [...] e on the ground to putrifie or stink, without sending to the Coroner. And if the Coroner be negligent in coming to do his office, after the Bayliffs or Countrey-men have sent for him, he shall be punished.
Although by the Law the Coroner cannot enquire of any Felony, but the death of a man; yet it hath been said, that in Northumberland they enquire of all Felonies; but this authority they maintain by Prescription. If a man be killed or drowned in the arms or creeks of [Page 206] the Sea, where a man may see land from the one part to the other, the Coroner shall enquire thereof, and not the Admiral, for that the Countrey may well have knowledge thereof.
But the Coroner of the Kings house hath an exempt jurisdiction within the Verge, and the Coroner of the County cannot intermeddle within it; as the Coroner of the house cannot intermeddle within the County out of the Verege.
If the Demandant or Plaintiff be non-suited, or if Iudgement be given against the Tenant or Defendant, or such like, the Iustices never assess any Amerciament, but the Clerk of the Warrants makes Estreats thereof, and delivers them to the Clerks of Assise within every Circuit, to deliver them to the Coroners in every County, to affeere or assess the Amerciaments, because they are thought most indifferent, forasmuch as they are chosen by the whole County.
If an Approver saith, that he began his Appeal before the Coroner by Duresse, this shall be tried by the Coroner; and if the Coroner denies it, the Approver shall be hanged. By which cases it appears, that 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.
[Page 208] 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, [Page 209] 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.
[Page 211] 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 [Page 212] 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 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 [Page 213] 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 [Page 215] 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.
[Page 217] 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 [Page 218] 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 [Page 219] 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 have been taken for such as a man retains to speak for him in any Court, as Advocates; and Pledeurs to be another sort, as Attorneys for one that is present himself, but suffers another to speak for him. Countours, according to M. Horne, are such Sergeants skilful in the Law, which serve the common people to defend their Actions in Iudicature for their fee.
Countee.
COuntee (so called a comitando, because they accompany the King) was the most eminent and high dignity from the conquest, untill the 11 year of King Ed. 3. when the Black Prince was created Duke of Cornwall: and those who of ancient time were created Countees, were of the Blood-Royal; aud at this day the King in all his appellations stiles them by the name of Our most dear Cousin. And for these causes the Law gives them high and great Priviledges; [Page 220] and therefore their body shall not be arrested for Debt, Trespasse, &c. because the Law intends that they assist the King with their counsel for the publick good, and keep the Realm by their prowesse and valour. Also for the same cause they shall not be put in Iuries, although it be for the service of the Country. And if issue be taken, whether the Plaintiff or Defendant be a Countee or not, this shall not be tried by the Countrey, but by the Kings Writ.
Also the Defendant shall not have a day of favour against a Lord of the Parliament, because he is intended to attend the publick. And of ancient time the Countee was Praefectus, or Praepositus Comitatus, and had the charge and custody of the County: and now the Sheriff hath all the authority for administration and execution of Iustice which the Countee had, Cok. lib. 9. fol. 49. and therefore he is called Viscount.
Countenance.
COuntenance seems to be used for Credit or Estimation. Old. Nat. Brev. 111. in these words; The Attaint shall be granted to poor men that will take their oaths they have not any thing whereof to make their Fine, saving their Countenance. In the same manner [Page 221] it is used 1 Edw. 3. Stat. 2. cap. 4. in these words; Sheriffs shall charge the Kings Debtors with as much as they may levy with their oaths, without abating the Debtors Countenance.
Countermand.
COuntermand is, where a thing formerly executed is afterward by some act or ceremony made void by the party that hath first done it. As if a man hath made his last Will, whereby he devises his Land to J. S. and afterwards he infeoffs another of the same Land, there this Feoffment is a Countermand to the Will, and the Will as to the disposition of the Land is void. If a woman seised of Land in fee makes a Will in writing, and devises that if A. of B. survives her, then she devises and bequeaths to him and his heirs her Land, and afterward she entermarries with the said A. of B. there, by taking him to husband and coverture at the time of her death, the Will is Countermanded.
But if a Baroness widow retains two Chaplains according to the Statute, and takes one of the Nobility to husband, and afterwards the husband dies, the Reteiner of those two Chaplains remains, and they without new Reteiner may take two Benefices, for their Reteiner was not determined [Page 222] nor countermanded by such Marriage.
If a woman makes a Lease at will, and afterwards takes an husband, this Marriage is no Countermand to the Lease, without express matter done by the Husband after the Marriage to determine the Will. Also if a Lease be made at will to a woman, and she takes an Husband, the Lease continues notwithstanding the Marriage, and is no Countermand thereunto.
Counterplea.
COunterplea is, when one brings an Action, and the Tenant in his Answer and Plea vouches or calls any man to warrant his Title, or prayes in aid of another who hath better Estate than he, as of him that is in the Reversion; or if one that is a stranger to the Action come and pray to be received to save his Estate; if the Demandant reply thereto, and shew cause that he ought not to vouch such a one, or of such a one to have aid, or that such a one ought not to be received; this Plea is called a Counterplea to the Voucher, Aid, or Resceit, as the case is. But when the Voucher is allowed, and the Vouchee comes in and demands what cause the Tenant hath, and the Tenant shews his cause, and the [Page 223] Vouchee pleads any thing to avoid the Warranty; that is called a Counterplea in the Warranty.
Countie.
COuntie signifies as much as Shire, both containing a compasse or portion of the Realm, into which all its land is divided, for the better government thereof, and more easie administring of Iustice; so that there is not any part of the Kingdom that lies not within some County: and every County is governed by a yearly Officer, whom we call Sheriff, who, among other duties belonging to his Office, puts in execution all the Commandments and Iudgments of the Kings Courts, that are to be executed within the compasse. Fortesc' cap. 24 Of these Counties there are four more remarkable than others, called County Palatines, as Lancaster, Chester, Durham, and Ely, an. 5. El. c. 23. There was also the County Palatine of Hexam, an. 33 H. 8. cap. 10. but thereof quaere.
A County Palatine is of so high a nature, that whereas all Pleas touching the life or maihem of a man, called Pleas of the Crown, are usually held and sped in the Kings name, and cannot be passed in the name of any other; the chief Governours of these, by special [Page 224] Charter from the King, heretofore did send out all Writs in their own name, and did all things touching Iustice as absolutely as the Prince himself in other Counties, onely acknowledging him to be their Superiour and Soveraigne. But by the Statute of 27 H. 8. cap. 25. this power was much abridged, which fee, and Cromp. Jurisdict. 137.
Besides these two sorts of Counties, there are also Counties corporate, as appears by the Statute of 3 Ed. 4. 5. and these are certain Cities or ancient Boroughs of the Land, upon whom the Princes of this Nation have bestowed such extraordinary Liberties, as London, York, Chester, Gloucester, and many others.
County in another signification is used for the County Court which the Sheriff keeps every moneth within his charge, either by himself or his Deputy. See for this Dal [...] ons Office of Sheriffs. Of these Counties or Shires there are reckoned to be 37 in England, besides the twelve in Wales.
Court.
COurt is diversly taken: sometimes for the House where the King remains with his ordinary retinue; and also the place where Iustice is judicially ministred, of which you may find 32 several sorts in Cromp. Jurisd. well described. And of those the greater part are Courts of Record; some are not, and therefore accounted Base Courts in comparison of the others.
Besides these, there are also Courts Christian, so called, because they handle matters chiefly appertaining to Christianity, and such as without good knowledge in Divinty cannot be well judged of; being heretofore held by Archbishops and Bishops, as from the Pope of Rome; but after his ejection they held them by the Kings Authority, by virtue of his Magistracy, as the Admiral of England holds his Court: whence it proceeds, that they send out their Precepts in their own names, and not in the Kings, as the Iustices of the Kings Courts do; and therefore as the Appeal from those Courts did lie to Rome, now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery.
Court-Baron.
COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts. Of this Court and Court-Leet Kitch. hath writ a learned Book. This Court, as it seems in Cok. lib. 4. fol. 26. fs twofold: And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another, this Grantee may hold a Court for the customary Tenants, and accept of Surrenders to the use of others, and make Admittances and Grants. The other Court is of Free-holders, which is properly called the Court-Baron, wherein the Suitors, that is, the Free-holders, are Iudges; whereas of the other Court the Lord or his Steward is Iudge.
Coutheutlaugh.
COutheutlaugh is he that wittingly receives a man utlawed, and cherishes or hides him; in which case he was in ancient time subject to the same punishment as the man utlawed was. Br. l. 3. tr. 2. c. 13. nu. 2. It is compounded of couth, i. known, and utlaw, outlawed, as we now call them.
Cranage.
CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship, Boat, or Barge, at any Creek or Wharf, and to make profit of it. It is used also for the Money that is taken for that work.
Creditor.
CReansor or Creditor comes of the French Coryance, that is, Confidence or perswasion; and it signifies him that trusts another with any Debt, be it money, wares, or other things. This word is used in the Old N. B. in the Writ of Audita querela. f. 66. a.
Creek.
CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea. And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. &c.
Croft.
CRoft is a little Close or Pightle adjoyning to an House, used either for pasture or arable, as the owner pleases. [Page 228] And it seems to be derived from the old word Creaft, that is Handicraft, because these lands are for the most part manured with the best skill of the owner.
Cucking-stool.
CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women; and it was called in old time a Tumbrell, as appears by Lamb. in his Eirenarc. l. 1. c. 12. And by the Cases and Iudgements in Eire, in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet, without which right cannot be administred to the parties within the view. Keloway, fol. 140. b.
And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett.
Cui ante divortium.
CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land, and after Divorce is had between them; then the woman shall have this Writ, and the Writ shall say, Whom she before the Divorce might not gain-say.
Cui in vita.
CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple, Fee-tail, or for life, in right of his wife, and aliens the same, and dies; then she shall have this Writ to recover the Land.
And note, That in this Writ her Title must be shewed, whether it be of the purchase, or inheritance of the woman. But if the husband alien the right of his wife, and the husband and the wife die, the wifes Heir may have a writ of Sur cui in vita.
Cuinage.
CUinage. See Cuynage.
Cuntey.
CUntey cuntey is a kind of Trial, as appears by Bract. in these words; The matter in this case shall be ended by Cuntey cuntey, as between coheirs, l. 4. tr. 3. cap. 18. And again in the same place; In a Writ of right the business shall be determined by cuntey cuntey. And thirdly, l. 4. tr. 4. c. 2. The cause shall be tried by Writ of right, neither by Battel, nor by the great Assise, but by [Page 230] Cuntey cuntey only; which seems to be as much as by ordinary Iury.
Curfew.
CUrfew comes of two French words, Couvrir, to cover, and Feu, Fire. It is used with us for an evening Peal, by which the Conqueror willed every man to take warning for the taking up his Fire, and putting out his Light: So that in many places at this day, when a Bell is customably rung toward Bedtime, it is said to ring Curfew.
Curia avisare vult.
CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause, before Iudgement be resolved on. For which see the New Book of Entries, verbo Curia, &c.
Curia claudenda.
IS a Writ or Action to compell another to make a Fence or Wall, which the Defendant ought to make between his land and the Plaintiffs.
Currier.
CUrrier is one that dresses or liquors Leather, and is so called of the French word Cuir, id est, Corium, Leather. The word is used in all the Statutes made for the good making of Leather, as in 1 Jac cap. 22. &c.
Cursiter.
CUrsiter is an Officer or Clerk belonging to the Chancery, who makes out Original Writs. 14 & 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery, appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four, to each of whom is allotted certain Shires, into which they make out such Original Writs as are by the subject required, and are a Corporation among themselves.
Curtesie of England.
CUrtesie of England is, where a man takes a wife seised in Fee-simple, or Fee-tail general, or seised as Heir of the tail special, and hath issue by her, male or female; be the issue dead or alive, if the wife die, the husband shall hold the Land during [Page 232] his life, by the Law of England. And it is called Tenant by the Curtesie of England, because this is not used in any other Realm but only in England. If the Infant was never alive, then the husband shall not be Tenant by the Curtesie; but if the issue be born alive, it suffices.
If the woman be delivered of a Monster, which hath not the shape of mankind, this is not Issue in Law: But though the issue hath some deformity or defect in the hand or foot, and yet hath humane shape, if suffices to make the husband Tenant by the Curtesie. And in some cases the time of the birth is material, and in some not. Therefore, if a man marries a woman Inheritrix, who is great with child by him, and the issue is [...] pt forth of her belly alive; there he shall not be Tenant by the Curtesie, for this ought to begin by the issue, and consummate by the death of the woman, and the Estate of the Tenant by the Curtesie ought to avoid the immediate discent. But if the husband hath issue by his wife, and after Land discends to the woman, be the issue then dead or alive, he shall be Tenant by the Curtesie; for the time of the birth of the issue is not material, if it be in the life of the woman.
If Lands be given to a woman and the heirs males of her body, and she takes an hu [...] band, [Page 233] and hath issue a daughter, and dies; the husband shall not be Tenant by the Curtesie, for the issue cannot by any possibility inherit the same Tenements. Also as a woman alien, marrying one of the Kings subjects, shall not be endowed, in the same manner a man alien shall not be Tenant by the Curtesie.
Also if a man seised of Land in right of his wife be attainted of Felony, having issue, and then purchases the Kings Pardon, and after his wife dies; there he shall not be Tenant by the Curtesie: But if he hath issue by his wife born after the Pardon, in such case he shall.
Curtilage.
CUrtilage is a Garden, Yard, Field, or piece of void ground lying near and belonging to the Messuage, West. part. 2. sect. 26. And so it is used 35 H. 8. c. 4. 39 Eliz. 2 Coke l. 6. fol. 64.
Customary Tenants.
CUstomary Tenants are such Tenants as hold by the Custome of the Mannor, as their special Evidence.
Custome.
CUstome may be defined to be a Law or Right not written, which being established by long use, and consent of our Ancestors, hath been and dayly is put in practice. Custome is either general or particular. General is that which is current through England, whereof you may read in Doctor and Student, l. 1. c. 7. many very worthy to be known. Particular is that which belongs to this or that County, as Gavelkind to Kent; or to this or that Lordship, City, or Town.
Custome differs from Prescription, because Custome is common to many, and Prescription, by the opinion of some, is particular to this or that man. Again, Prescription may be for a shorter time than Custome, sc. for five years, or less: As if a Fine be duly levied of Lands or Tenements, and be not gainsaid within five years, this is a Bar to all Claim for ever.
If a man omits his Continual Claim for a year and a day then the Tenant in possession prescribes an Immunity against the Entry of the Demandant and his Heir, Fitzh. Nat. Brev. 79. Out of our Statutes you may have greater diversity; so that this seems to be a true saying, That Prescription [Page 235] is an Exception founded upon so long time gone and past as the Law limits for the pursuit of any Action. An example may be taken out of the Statute of 1 H. 8. c. 4. which enacts That in all Actions popular information shall be made within three years after the offence committed, otherwise to be of no force.
Custome is also used for the Tribute or Toll that Merchants pay to the King, to carry in and out Merchandizes, 14 E. 3. Stat. 1. c. 21. In which signification it is called Custuma in Latine, Reg. Orig. 129. a. 138. a.
And lastly, for such Services as Tenants of a Manor owe unto their Lord. Old Book of Entries, word Custome. See Consuetud. & Servitiis.
Custos Brevium.
CUstos Brevium is the chief Clerk belonging to the Court of Common Pleas or Kings Bench, whose office is to receive and keep all the Writs, and to put them upon Files, every Return by it self, and at the end of every Term to receive of the Prothonotaries all the Records of Nisi prius, called the Postea. The Custos Brevium also makes entry of Writs of Covenant, and the Concord upon every Fine, and makes out Exemplifications [Page 236] and Copies of all the Writs and Records in his Office, and of all the Fines levied. The parts of the Fines, after they are ingrossed, are divided between the Custos Brevium and the Chirographer: whereof the Chirographer keeps always the Writ of Covenant, and the Note; the Custos Brevium keeps the Concord, and the Foot of the Fine, upon which Foot the Chirographer causes the Proclamations to be indorsed when they are all proclaimed.
Custos Rotulorum.
CUstos Rotulorum is he that hath the keeping of the Rolls or Records of the Sessions of the Peace, and, as some think, of the Commission of the Peace it self, Lam. l. 4. c. 3. p. 373. He is always Iustice of the Peace and Quorum in the County where he hath his Office; and by his Office he is rather termed an Officer or Minister, then a Iudge, because the Commission of the Peace lays this special Charge by express words upon him, That he should cause the Writs, Precepts Process and Indictments aforesaid to come and be before him and his fellow-Justices at the days and places aforesaid.
Gardian of the Spiritualties.
GArdian of the Spiritualties is he that exercises the spiritual and Ecclesiastical Iurisdiction of any Diocess during the Vacancy of the See; the appointment of whom by the Canon Law pertains to the Dean and Chapter, lest in the Vacancie of the See some Innovation should be introduced. But in Engl. the Archbishop of the Province hath it by Prescription. Howbeit many Deans and Chapters (a [...] M. Gwyn saith in his Preface to his Readings) challenge this by ancient Charters from the Kings of this Land.
Cuynage.
CUynage is a word used in the Statute of 11 H. 7. c. 4. for the making up of Tinne into that fashion as it is used to be framed, for the better carriage of it into other parts.
D. Dammage.
DAmmage is part of that which the Iurors are to enquire of, in giving their Verdict for the Complainant or Demandant in an Action real or personal. For after the Verdict given upon the principal matter, they are also asked their Consciences touching Costs, which are the Expences of the Suit, and Dammages, which contain the prejudice which the Plaintiff or Demandant hath suffered by means of the wrong doue him by the Defendant or Tenant.
And forasmuch as Iustice and Reason require, that when the life, credit, lands, goods, corruption of bloud, and all that a man hath to forfeit in this world, are put in peril without just cause, but only upon the malicious Accusation of another by Appeal, that the Appellee should have satisfaction therefore against his false Accuser, and if he hath not sufficient, then against him or them that abbetted or procured him to pursue the Appeal: Therefore the Common Law gave Dammages to the Defendant in an Appeal, and assigned him a [Page 239] means for the recovery thereof, when he was acquitted of the Felony, as it is 48 E. 3. 22. But forasmuch as the Dammages against the Procurors and Abbettors were to be recovered by Original Writ, that is, by Writ of Conspiracy, and not otherwise, which was not so speedy remedy as the Heinous quality of the wrong required; the Statute of Westm. the 2. An. 13 Ed. 1. cap. 12. for the more expeditious redress thereof was ordained.
But if the Defendant barrs the Plaintiff of his Appeal then he cannot recover Dammages by the said Statute against the Plaintiff, except the Barr be such as acquits the Defendant of the Felony. And if the Defendant pleads that the Appellant is a Bastard, or hath an elder Brother, or like Pleas in barre, and thereby barrs the Plaintiff; yet he shall not recover Dammages against him, because the Defendant may be indicted again of the same Felony, and attainted, notwithstanding any of those Pleas; for by them the innocency of the Defendant is not tried, and therefore he shall not have Dammages. 27 Ass. pl. 25. The same Law is, if the Defendant barrs the Appellant by Demurrer in Law: And so it is, if in Appeal of the death of a man the Defendant pleads to the issue, and it is found by Verdict that he killed the man [Page 240] in his own defence, or by Chance-m [...] dley; in these cases he shall not recover Dammages. But if the Defendant in Appeal hath the Release of the Appellant, or the Kings Pardon, and will wave them, and plead Not guilty, and is acquitted; in this case he shall recover Dammages.
This word Dammage is taken in the Law in two several significations; the one properly and generally, the other strictly and relatively. Properly, as it is in cases where Dammages are founded upon the Statute of 2 Hen. 4. cap. 1. and 8 Hen. 6. cap. 9. where Costs are included within this word Dammages; for Damnum in its proper and general signification is said a demendo, when a thing by Diminution is made worse; and in this sense Costs of Suit are Dammages to the Plaintiff, for by them his Substance is diminished. But when the Plaintiff declares the wrong done to him to the Dammage of such a summe, this is to be taken relatively for the wrong which is passed before the Writ brought, and are assessed by reason of the Trespass aforesaid, and cannot extend to Costs of Suit which are future, and of another nature. See Co. l. 10. f. 116, 117.
Dammage fesant.
DAmmage fesant is, when a stranger's Beasts are in another mans ground, without licence of the Tenant of the ground, and there do feed, tread and otherwise spoil the corn, grass, woods, and such like: In which case the Tenant whom they dammage may therefore take, distrain and impound them, as well in the night as in the day. But in other cases, as for Rent and Services, and such like, none may distrain in the night.
Danegeld.
DAnegeld is, to be quit of a certain Tribute which the Danes did levie in England: Also the Tribute it self.
This began first in the time of King Etheldred, who being sore distressed by the continual Inivasson of the Danes, to purchase Peace, was compelled to charge his County and people with great Payments; for he first gave them at five several payments 113000 lib and afterwards granted them 48000 lib. yearly.
Darreine Presentment.
DArreine Presentment; an Assise thereof lies where I or mine ancestors have presented a Clerk to a Church, and after, the Church being void by the death of the said Clerk, or otherwise, a stranger presents his Clerk to the same Church in disturbance of me. And how it is otherwise used, see Bract. lib. 5. tract. 2. Regist. orig. fol. 30. If a husband and wife present to an Advowson in right of the wife, which is appendant to the Mannor of the wife, and after the husband aliens an Acre, parcel of the Manor, with the Advowson in fee, to a stranger, and dies, and after the stranger presents, and then aliens the Acre to another in fee, saving the Advowson to himself, and after the Church is void; there the wife shall present, and if she be disturbed, she shall have an assise of Darreine Presentment; because the Advowson was severed from the Acre. But if the Advowson was appendant to the Acre, then the wife ought to recover the Acre before she presents to the Advowson. Fitz. Nat. Brev. 32.
Darrein Continuance.
IS when the Defendant or Tenant ( pendente placito) pleads new matter done after the last continuance of the plea. See Thelwel. 361. & 2. Cro. 261.
Dean and Chapter.
DEan and Chapter is a Body corporate Spiritual, consisting of many able persons, as namely the Dean (who is chief) and his Prebends, and they together make the Corporation. And as this Corporation may jointly purchase Lands and Tenements to the use of their Church and Successors; so likewise every of them severally may purchase to the use of himself and his heirs.
And as there are two Foundations of Cathedral Churches in England, the Old and the New; (the New are those that King Henry the eighth, upon suppression of Abbeys, transformed from an Abbot, or Prior and Covent, to Dean and Chapter:) so there are two means of Creation of these Deans: for those of the Old Foundation are brought to their Dignity like Bishops; the King first sending his Congee deslire to the Chapter; the Chapter then chusing, the King [Page 244] yeilding his Royal assent; and the Bishop confirming, and giving his Mandate to instal him. Those of the New Foundation are by a shorter course enstalled by the King's Letters Patents, without other Election or Confirmation.
This word is also applyed to divers that are the chief of certain peculiar Churches or Chappels, as the Dean of the Kings Chappel, the Dean of the Arches, the Dean of Saint George's Chappel in Windsor, &c.
Debet & solet, See Custom & Prescription.
DEbet & solet are words used in the Old Natura Brevium, fol. 98. The Writ of Secta molendini, being in the Debet & solet, is a Writ of Right, &c. And again, fol. 69. A Writ of Quod permittat may be pleaded in the County before the Sheriff, and may be in the Debet & solet, or the Debet only, as the Demandant claims. Wherefore note, That these Writs that are brought in such sort have these words in them, as formal words not to be omitted.
And according to the diversity of the Case, the Debet & solet are used, or the Debet only, As if a man by Writ sues to recover any right, whereof his ancestor was disseised by the [Page 245] Tenant or his ancestor; then he uses only the word Debet in his Writ, and it is not apt to use Solet, because his ancestor was disscised, and the Custom discontinued: but if he sues for any thing that is first denied him, then he hath both these words, Debet & solet; because his ancestor before him and himself have usually enjoyed the thing for which he sues, as Suit to the Mill, or Common of Pasture, until this present refusal of the Tenant. Reg. orig. fol. 144. a.
Debet & Detinet.
DEbet & Detinet: Much may be said of these words that hath been spoken of the words next afore. As, if a man be bound to another, and makes his Executor and dies, and the mony grows due in the time of the Testator, and afterward the Executor pays it not; the Action brought against him therefore shall be in the Detinet only: and so in all Actions brought by Executors as Executors, the Writ shall be in the Detinet only, although the duty accrued in their own time, because the thing or damages recovered shall be assets.
But if Lessee for years rendring Rent makes his Executors, and dies, and the Rent incurs after the death of the Testator; there an Action of Debt [Page 246] shall be brought in the Debet & Detinet: for when an Executor or Administrator takes the Profits, nothing shall be Assets but the Profits above the Rent. As if the Land is worth ten pound by the year, and five pound is reserved; in this cas [...] nothing shall be Assets but the five pound above the Rent, and therefore the Writ shall be for the Rent in the Debet & Detinet. Cokel. 5. fol. 31.
Decem Tales.
DEcem Tales. See Tales.
Decies tantum.
DEcies tantum is a Writ that lies where a Iuror in any Enquest takes money of the one part or other, to give his Verdict; then he shall pay ten times as much as he hath received: a [...] d every one that will sue may have Action, and shall have the one half, and the King the other.
But if the King in such case release by his Pardon to such a Iuror, yet that shall be no Bar against him that brings the Action, who shall recover the other half, if this Action be commenced before the Pardon of the King; but if the Pardon be before any Action, it is a Bar against all men.
[Page 247] And the same Law is of all other Actions popular, where one part is to the King, the other to the party that sues. And the Embracers, who procure such Enquests, shall be punished in the same manner, and they shall have imprisonment a year. But no Iustice shall enquire thereof ex officio, but only at the Suit of the party.
Deciners.
DEciners are such as were wont to have the oversight and command of Ten free Burgs, for preserving the Kings Peace; and the Limits or Circuit of their Iurisdiction was called Decenna. Bracton l. 3. tract. 2. c. 15. Also you may read Flet. l. 1. c. 27. and Reg. orig. fol. 68. b.
These seemed to have large authority in the Saxons time, taking knowledge of Causes within their Circuit, and redressing wrongs by way of Iudgment; as you may read in the Laws of King Edward, set out by Lambert, num. 32. Also there is mention of these in Britton cap. 12. who saith in the Kings person (as he writes his whole Book) in this manner: We will that all such as are fourteen years of age shall make oath that they shall be sufficient and loyal unto Vs, and that they will not be Felons, nor assenting to Felons, and that [Page 248] all be professed to be of this or that Dozein, and make or offer Surety of their behaviour by these or those Deciners: except Religious persons, Clerks, Knights, and their eldest sons, and Women. Yet the same Author in his 29. chap. near the end saith, That all at the age of 12 years or above are punishable for not coming to the Sheriffs Tourn, excepting Earls, Prelates, Barons, Religious persons, and Women.
The same Law is where the Deciners make presentment, that a Felon is taken for Theft, and delivered to the Sheriff. And Kitchen out of the Register, and Britton saith thus, Religious persons, Clerks, Knights or Women, shall not be Deciners, fol. 33. Whence it may be gathered, that this word implies nothiny else but such a one as by his Oath of Loyalty to his Prince is settled in the combination or society of a Dozein, for it is not usual at this day to find Surety so to do. And now a Dozeine seems to extend so far as the Lcet extends, because in Leets only this Oath is administred by the Steward, and taken by such as are of the age of twelve years and upward, dwelling within the Precinct of the Leet where they are sworn. Fitzh. Nat. Brev. 161. a. The particulars of this Oath you may read in Bracton, l. 3. tract. 2. c. 1. num. 1. where he puts dwon fifteen years for the [Page 259] age of those that are sworn to the Kings Peace; but l. 3. tract. 2. c. 11. num 5. he names twelve years. See Inlaugh.
From which Premisses may be observed the difference detween the ancient and these our times in this point of Law and Government, as well for the age of those that are to be sworn, as also that Deciner is not now used for the chief man of a Dozein, but for him that is sworn to the Kings Peace; and lastly, that now there are not any Dozeins, but Leets; and that ordinarily no man gives other Security for keeping the Kings Peace but his own Oath, and therefore no one shall answer for the transgression of another, but every one for himself.
Declaration.
DEclaration is a Shewing in writing the grief and complaint of the Demandant or Plaintiff against the Tenant or Defendant, wherein he supposes to have received wrong. And this Declaration ought to be plain and certain, both because it impeaches the Defendant, and also compels him to make answer thereto. But note, that such Declaration made by the Demandant against the Tenant in an Action real is properly called a Count.
[Page 250] Note, That the Count or Declaration ought to contain Demonstration, Declaration, and Conclusion. And in Demonstration are contained three things, (that is) him who complains, against whom, and for what matter. And in the Declaration there ought to be comprised, how and in what manner the Action rose between the parties, and when, and what day, year, and place, and to whom the Action shall be given. And in the Conclusion he ought to averre and profer to prove his Suit, and shew the Dammages which he hath sustained by the wrong done him.
De deoneranda pro rata. portionis.
DE deoneranda, &c. is a Writ that lies where one one is distreined for Rent, that ought to be paid by others proportionably with him. Fitz. Nat. Brev. Fol. 234.
Dedimus potestatem.
DEdimus potestatem is a Writ that lies where a man sues in the Kings Court, or is sued, and cannot well travel, then he shall have this Writ directed to some Iustice, or other discreet person in the Countrey, to give him power to admit some man for his Atturney, or [Page 251] to levy a Fine, or to take his Confession, or his Answer, or other Examination, as the matter requires.
Defalt.
DEfalt is an Offence in omitting that which we ought to do; and most commonly taken for Non-appearance in Court at a day assigned. Bract. lib. 5. tract. 3. and Fleta lib. 6. cap. 14.
Defamation.
DEfamation is when a man speaks Slanderous words of any other man, Court of Iustice, Magistracy, or Title of land: for which the party shall be punished according to the nature and quality of his offence; sometimes by Action upon the Case for Slander, at the Common Law, and other times in the Ecclesiastical Court. As if a man contrive any False news, or horrible and false Lies of Prelates, Dukes, Earls, &c. then an Action De Scandalis Magnatum will lie against him by the Statute of 2 R. 2. cap. 5. and this being proved, the party offending shall be grievously punished. But for words of Defamation against a private man, there the party grieved▪ shall have his Action upon the Case [Page 252] for the Slander, and shall recover in dammages according to the quality of the fault: wherein the quality of the person who is so defamed is much to be considered.
But for Defamations determinable in the Spiritual Court, they ought to have three incidents: First it ought to concern matter meerly Spiritual, and determinable in the Ecclesiastical Court; as for calling him Heretick, Schismatick, Adulterer, Fornicator, &c. Secondly, that it concern matter meerly Spiritual only: for if such Defamation concern any thing determinable at the Common Law, the Ecclesiastical Iudge shall not have conusance thereof: As if a Divine is to be presented to a Benefice, and one (to defeat him thereof) saith to the Patron, that he is an Heretick, or a Bastard, or that he is Excommunicated, whereby the Patron refuses to present him, and he loses his Preferment; he shall have an Action upon the Case for these Defamations, tending to such an end. Also if a woman be bound that she shall live continent, for if a Lease be made to her so long as she shall live chaste; in these cases Incontinency shall be tryed by the Common Law. Thirdly, although such Defamation be meerly and only Spiritual, yet he that is defamed cannot sue there for amends or Dammages, but [Page 253] the Suit ought to be only for punishment of the fault, for the Soul's health of him that so offends.
And as for the Slander of a Title to Land, if A. saith that B. hath right in the Lands of C. whereby C. is damnified, then he may have an Action upon the Case for the Defamation of his Title, against A. And although B. hath a colourable Title, yet A. shall be punished, forasmuch as he hath taken upon him knowledge of the Law, and medled in a matter which concerned him not. But if a man saith, that he himself hath right to the Land of another; in this case no Action for Defamation lies, although he knows his Title to be false, Cok lib. 4. fol. 18.
Defeisance.
DEfeisance is a Condition relating to a Deed, as an Obligation, Recognisance, or Statute, which being performed by the Obligor, or Recognisor, the Act is disabled and made void, as if it had never been done. And there is no Warrantie, Recognisance, Rent-charge. Annuity, Covenant, Lease for years, or such like, but that they may by a Defeasance, made with the mutual consent of all those who were parties to the creation thereof, by Deed be adnulled, [Page 254] discharged, and defeated. And the difference between a Proviso or Condition in Deed and a Defeasance is in this, That the Proviso or Condition is annexed or inserted in the Deed or Grant; whereas a Defeasance is usually a Deed by it self concluded and agreed on between the parties, and having relation to another Deed.
And therefore if the Condition of an Obligation be repugnant to the Deed, the Condition is void, and the Obligation good: As if the Condition be, that he shall not sue the Obligation, this is void, as well as it is of a Feoffment, upon Condition that the Feoffee shall not take the Profits. But a Defeasance is a Grant that is made after the Obligation, to defeat the same Obligation; and this is good though it be repugnant, and so not like a Condition. 21 H. 7. fol. 24. b. For the form and manner of Defeasances according to the diversity of the Case, see West. part. 1. Symb. lib. 2. sect. 230, 231, &c.
Defence.
DEfence is that which the Defendant ought to make immediately after the Count or Declaration made, that is, that he defends all the Wrong, Force and Dammage, where and when he ought; and then to [Page 255] proceed farther to his Plea, or to imparl.
And note, that by defending the Force and Wrong he doth excuse himself of the Wrong against him surmised, and makes himself party to the Plea; and by defending the Dammage, he affirms the Plaintiff able to be answered unto.
And for the residue of the Defence, he accepts the power of the Court to hear and determine their Pleas of this matter. For if he will plead to the Iurisdiction, he ought to omit in his Defence these words, ( ou & quant il devera:) and if he will shew any disability in the Plaintiff, and demand Iudgment if the party shall be answered unto; then he ought to omit the Defence of the Dammage.
Defendant.
DEfendant is he that is sued in Action personal, who is called Tenant in an Action real.
Defendemus.
DEfendemus is an ordinary word in a Feoffment or Donation, and hath this force, that it binds the Donor▪ and his Heirs to defend the Donee, if any man go about to lay any Servitude upon the thing given, [Page 256] other then is contained in the Donation. Braction lib. 2. cap. 16. num. 10. See also Warrantizantibus.
Defender of the Faith.
DEfender of the Faith is a peculiar Title given to the King of England by the Pope, as Catholicus to the King of Spain, and Christianissimus to the French King. It was first given by Leo. x. to K. Hen. 8. for writing against Martin Luther, in behalf of the Church of Rome Stow's Annals p. 863.
Deforceor.
DEforceor is he that overcomes and casts out with Force; who differs from a Disseisor, first in this, that a man may disseise another without Force, which act is called Simple Dissesin, Britton cap. 33. Then because a man may deforce another that never was in possession; as if many have right to Lands as common Heirs, and one keeps them out, the Law saith, that he deforces them, though he never disseised them. Old Nat. Brev. fol. 118. If Tenant in tail makes a Feoffment in fee by which the Feoffee is in, and afterward the Tenant in tail dies, and his issue sues a Writ of Formedon against the Feoffee; the Writ shall say, [Page 257] and also the Count, &c. that the Feoffee wrongfully deforced him &c. though he did not disseise him, because he entred in the life of the Tenant in tail, and the Heir had no present right. Lit fol. 138. And a Deforceor differs from an Intrudor, because a Deforceor keeps out the right Heir, as aforesaid; and a man is made an Intrudor by a wrongful Entry only in Lands or Tentments void of a Possessor. Bract. lib. 4. cap. 1.
And because Force and Forcible entry into Lands is so opposite to the Peace and Iustice of the Realm, and a dishonour of the King and his Crown, and discredit of the Law, that any person by birth and oath obliged to the obedience of the King and his Laws, should presume of his own authority by Force and strong hand to resist them both, by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein; therefore divers Statutes have been made for the restraint and reformation of these Abuses; as, among others, the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements; but in case where Entry is given by the Law, and then not with strong hand, or with a multitude of people, but onely in a peaceable manner. See more of this in Po [...] lt. de pace Reg. f. 34. 35, &c.
Delegates.
ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial, in which sentence was given.
Demaines.
DEmaines or Demesnes, generally speaking, are all the parts of any Mannor which are not in the hands of Freeholders, though they be held by Copy-holders, Lessees for years or for life, as well as Tenants at will. And the reason why Copyhold is accounted Demesnes is, because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord, so that it is still reputed to be in a manner in the Lords hands: yet in common speech that is ordinarily called Demesnes which is neither free nor copy. And this word Demesne is sometimes used in a more special signification, and is opposite to Frank-fee; as those Lands which were in the possession of [Page 259] Edward the Confessor, are called Ancient demesne, and all others are called Franck-fee, Kitch. fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn, the other Tenants in Frankfee. And no common person hath any Demesnes in the simple acceptation of the word, because there is no Land but depends mediately or immediately of the Crown, that is, of some Honor or other belonging to the Crown, and not granted in fee to any inferiour person; and therefore when a man in pleading will signifie his Land to be his own, he saith, That he is or was seised thereof in his Demesne as of Fee, Littleton, f. 3. whereby it appears, that though his Land be to him and his Heirs for ever, yet it is not true Demesne, but depending upon a superiour Lord, and holding by Service, or Rent in lieu of Service, or by Service and Rent together.
Demaines; according to the common speech, are only understood the Lords chief Mannor-place, which he and his Ancestors have time out of mind kept in their own hands, with all buildings and houses, meadows, pastures, woods, arable lands, and such like therewith occupied.
Demand.
DEmand is a word of art, and if one release to another all Demands, this is, (as Littleton, fol. 117. a. saith) the best Release to him to whom the Release is made that he can have, and shall most enure to his advantage; for by it not onely all Demands, but also all causes of Demands are released. And there are two manner of Demands, that is, in Deed, and in Law. In Deed, as in every Praecipe there is expresse Demand; and therefore in real Actions he is called Demandant, in personal Plaintiff. In Law, as every Entry in Land, Distresse for Rent, Taking or seisure of Goods, and such like acts in the Countrey, which may be done without any words or demands in Law. As a Release of Suits is more large then a Release of Quarrels or of Actions; so a Release of Demands is more large and beneficial than either of them, for by it is released all that which by the others is released, and more. By Release of all Demands, all Freeholds and Inheritances executory are released: By Release of all Demands to the Dissetsor, the right of the Entry in the land, and all that is contained therein, is released: By Release of all Demands, all [Page 261] Executions are released; and he that releases all Demands, excludes himself from all Actions, Entries, and Seisures.
Littleton, fol. 170. holds, That if Tenant in tail enfeoffs his Vncle, who enfeoffs another in fee with Warranty; if after the Feoffee by his Deed releases to the Vncle all manner of Demands, by such Release the Warranty, which is a Covenant real and executory, is extinct: and the reason is, because that by Release of Demands all the means and remedies, and their causes, which any hath to Lands, Tenements, Goods, Chattels, &c. are extinct, and, by consequence, the right and interest it self unto the thing. Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded, neither in Deed nor in Law, but lie only to relieve the Plaintiff by way of Discharge, and not by way of Demand; as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry, and so of such like. See 18 Edw. 3. 59. Coke. lib. 8. fol. 153, 154.
Demandant.
DEmandant is he that sues or complains in an Action real for Title of land; and he is called Plaintiff in an Assise, and in an Action personal, for Debt, Trespass, Deceit, Detinue and such like.
Demurrage.
IS called the time when a Shi [...] lies idle in a Port or Harbour or on the Sea in a Calm.
Demurrer.
DEmurrer is when any Action is brought, and the Defendant pleads a Plea, to which the Plaintiff says that he will not answer, for that it is not a sufficient Plea in the Law; and the Defendant avers the contrary, that it is a sufficient Plea; and thereupon both parties submit the Cause to the Iudgement of the Court: which is called a Demurrer, for that they go not forward in pleading, but rest upon Iudgement in that point; and is called in Latine Records, Moratur in Lege.
For in every Action the difference consists either in Deed or in Law. If in Fact, it is [Page 263] tried by the Iury; if in Law, then the matter is either plain, or difficult and rare: if it be plain, then Iudgment is presently given; but when it is hard and doubtfull, then is stay made, and time taken either to consider farther thereupon by the Iudges, to agree if they can, or otherwise for all the Iustices to meet together in the Exchequer-Chamber, and, upon hearing of that which the Serjeants shall say unto both parts, to advise and determine what is Law; and that which is there concluded on by them shall stand firm, without further remedy.
There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue, Plo. Com. 2. 3 Rast. Entr. 607.
Half bloud.
HAlf bloud is, when a man marries a wife, and hath issue by her a son or daughter, and the wife dies, and then he takes another woman, and hath by her also a son or daughter: Now these two sons are after a sort Brothers, or as they are termed, Half-brothers, or Brothers of the half bloud, that is, Brothers by the Fathers side, because they had both one Father, and are both of his bloud, and not Brothers at all by the Mothers side, nor of bloud nor kin that way; and [Page 264] therefore the one of them cannot be Heir to the other: for he that will claim as Heir to one by discent, must be of whole [...] bloud to him from whom he claims. In the same manner it is, if a woman have divers issues by divers husbands, who are called Brothers by one Mother.
Denariata terrae.
DEnariata Terrae. See Fardingdeal.
Denelage.
DEnelage is the Law that the Danes made here in England, cut of which and Merchenlage and Westsaxonlage William the Conquerour composed certain Ordinances to be observed by his subjects.
Denizen.
DEnizen, or Donaison, is, where au Alien born becomes the Kings Subject, and obtains the Kings Letters Patents to enjoy all Priviledges as an English-man: but if one be made Denizen, he shall pay Customes and divers other things as Alien, as it appears by divers Statutes thereof made.
[Page 265] It seems that Donaison is the true name, so called, because that his Legitimation is given to him, and not Denizen, as derived from Deins nee. And the Law is so precise in the making of Denizens, that the King cannot grant power to any other to make Aliens born Denizens, it is by the Law so inseparably and individually annexed to his Royal person; for the Law esteems it an high Prerogative, to make Aliens Subjects of the Realm, and capable of Lands and Inheritances, as natural born Subjects are.
And therefore the Statute of 27 H. 8. c. 24. which reunites many of the most ancient Prerogatives and Regal Flowers of the Crown, makes no mention of any authority to make Letters of Denization to be resumed, for that never any claimed it be any pretext whatsoever, it being so high a point of Prerogative. See Cok. l. 7. Calvins Case.
Deodand.
DEodand is, when any man by misfortune is slain by a Horse, Cart, or any other thing that moves to further his death; such thing which at the time of his misfortune did move▪ or cause his death shall be sorfeit to the King, and that is called Deodand; and that pertains to [Page 266] the Kings Almoner, for to dispose in Alms and Deeds of Charity.
But it is not forfeited untill the matter be found of Record, and therefore they cannot be claimed by Prescription: and the Iury that finds or presents the death by such misadventure, ought also to find and appraise the Deodand. Co. l. 5. f. 110.
If a Horse strikes one, and afterwards the Owner sells the Horse, and then the party that was stricken dies of the stroke; in this case the Horse shall be forfeited as a Deodand, notwithstanding the sale; for relation shall be had to the stroke which was before the sale. Plow. Com. 260. b.
What move to death, or kill the dead, Are Deodand and forfeited.
Departure from a Plea or matter.
DEparture from a Plea or matter is, where a man pleads a Plea in bar, and the Plaintiff replies thereto, and he after in his Rejoynder pleads or shews another matter, contrary, or not pursuing to his first Plea; that is called a Departure from his Bar. As if a man pleads a general Agreement in bar, and in the Rejoynder he alledges an especial Agreement; this shall be adjudged a Departure in Pleading. So in Trespass, [Page 267] if the Defendant will plead a discent to him, and the Plaintiff saith, that after this the Defendant enfeoffed him, and the Defendant saith, that this Feoffment was upon Condition, for the breach whereof he entred, this is a Departure from the Bar, for it is a new matter. See Plow. Com. f. 7. & 8.
Departure in despight of the Court.
DEparture in despight of the Court is, when the Tenant or Defendant appears to an Action, and hath a day over in the same Term, or is called after, though he had no day given him, so that it be in the same Term, if he do not appear, but make Default, it is a Departure in despight of the Court, and therefore he shall be condemned.
And it is to be observed, that Departure in despight of the Court is always of the part of the Tenant or Defendant, and the Entry thereof is, Quod praedictus A, licet solenniter exactus, non revenit, sed in contemptum Curiae recessit, & Defaltam fecit: and this is when in judgement of the Law he is present in Court, and being demanded, departs in despight of the Court; this amounts to a Bar in respect of the Despight and Contempt of the Court. See Cok. lib. 8. f. 62.
Deprivation.
DEprivation is, when an Abbot, Bishop, Parson, Vicar, Prebend, &c. is deprived or deposed from his Preferment for any matter in Fact or in Law. As if a Miscreant or Schismatick be presented, admitted, and inducted, there is good cause of Deprivation: So if a meer Lay-man be presented, admitted, instituted, and inducted, yet he shall be deprived: or if the Incumbent hath Plurality of Benefices; or subscribe not to the Articles of Religion, according to the Stat. of 13 Eliz. cap. 12.
By the Statute of 21 H. 8. cap. 13. it is enacted, That if any person, having a Benefice with Cure of souls of the yearly value of eight pounds, or more accepts or takes any other with Cure of souls, and be instituted and inducted into the possession thereof; the first Benefice shall be void, and the Incumbent in this case is outed or deprived by Cession. In which case the Bishop needs not give notice to the Patron, because the Deprivation is by Act of Parliament, to which every one is party, and ought to take notice at his peril. But otherwise it is if the first Church be not of the yearly value of eight pounds, for then it is void meerly by the Ecclesiastical Law. See Co. l. 4. f. 76. and l. 7. 43 b
Deputie.
DEputie is he that exercises in another mans right either Office or any other thing; and his forfeiture or misdemeanor shall cause the Officer, or him whose Deputy he is, to lose his Office. But a man cannot make his Deputy in all cases, except the Grant so be: as if it be with these or such like words, To exercise or use by himself or his sufficient Deputy; or if the words go farther, To himself or his Deputy, or the Deputy of his Deputy, then he may make a Deputy, and his Deputy also may make a Deputy, or else not. As if the Office of a Parkership be granted to one, he cannot grant this over to another, because it is an Office of trust and confidence, and shall not be forfeited. And there is great diversity between Deputy and Assignee of an Office: for an Assignee is a person that hath an Estate or interest in the Office it self; and doth all things in his own name, for whom his Grantor shall not answer, unless it be in especial cases; and a Deputy hath not any Estate or interest in the Office; but is only the shadow of the Officer, and doth all things in the name of the Officer himself, and nothing in his own name, and for which his Grantor shall answer: [Page 270] and where an Officer hath power to make Assigns, he may implicitely make Deputies, for, He that may do more it ought not to be held unlawful for him to do less; and therefore when an Office is granted to one and to his heirs, by this he may make Assigns, and by consequence he may make Deputies.
The King by his Letters Pattents commits to the Sheriff the Custody of the County, without express words of making Deputy; and yet he may make an Vnder Sheriff, viz. his Deputy. So where before the Statute of Quia emptores terrarum, the King or other Lord had given Lands to a Knight, to hold of him by Knights Service, that is, to go with his Lord (when the King makes a Voyage Royal to subdue his enemies) for 40 days, well and conveniently arrayed for the War; yet he may find another able person: howbeit in the one case it concerns the publick Administration and execution of Iustice in time of Peace; and in the other, the publick defence of the Realm in time of War. See Cok. l. 9. Le Countee de Salops Case.
Dereine.
DEreine is taken in divers senses, and seems to come from the French Disarrayer, that is, to confound or put out of order; or else the Norman word Desrene, which is the denial of a mans own act; and Lex Deraisnia was the Proof of a thing which one denies to be done by himself, and his adversary affirms it, defeating and confounding the assertion of his adversary, and shewing it to be without and against reason or probability. And in our Law it is diversly used. First generally, to prove; as, Dirationabit jus suum haeres propinquior, Glanvile l. 2. c. 6. and he, l. 4▪ c. 6. saith, Habeo probos homines qui viderunt & audiverunt, & parati sunt hoc dirationare. In the same manner Bracton uses it, Habeo sufficientem Disratiocinationem & probationem▪
By the Statute of 31 H. 8. cap. 1. Ioyntenants and Tenants in common shall have Aid, to the intent to deraigne the Garranty paramount. So Plo. in Manxels Case, fol. 7. b. hath this Case, If a man hath an Estate in fee with Warranty, and enfeoffs a stranger with Warranty, and dies, and the Feoffee vouches his Heir; the Heir shall deraigne the first Warranty. Also this word is used when Religious men forsake [Page 272] their Orders and Professions; as in Kitch. fol. 152. b. if a man makes a Lease for life upon condition, that if the Lessor dies without issue, then the Lessee shall have Fee, the Lessee enters in Religion, and then the Lessor dies without issue, and after the Lessee is deraigned; he shall not have Fee, insomuch as at the time of the Condition the Fee cannot vast in him.
De son tort demesne.
DE son tort demesne seem to be certain words of form in an Action of Trespasse, used by way of Reply to the Plea of the Defendant: As if A sues B in an Action of Trespasse, and B answers for himself, that he did this which A calls Trespass by the commandment of C his Master; A saith again, that B did this of his own wrong, without that that C commanded him in such manner and form, &c.
Debt.
DEbt is a Writ that lies where any summ of money is due to a man by reason of Account, Bargain, Contract, Obligation, or other Especialty, to be paid at a certain day, which is not paid; then he shall have this Writ. But if any money be due to any Lord by his Tenant for any Rent-service, [Page 273] the Lord shall never have Action of Debt for that, but he must distrain for it. Also for Rent-charge or Rent-seek, which any man hath for life, in tail, or in see: he shall not have any Action of Debt as long as the Rent continues; but his Executors may have an Action of Debt for the Arrearages due in the life of their Testator, by the Statute 32 H. 8. c. 37.
For Arrearages of Rent reserved upon a Lease for term of years, the Lessor is at his election to have an Action of Debt, or to distrain: but if the Lease be determined, then he shall not distrain after for that Rent, but he must have an Action of Debt for the Arrerages.
And note, That by the Law of the Realm Debt is only taken to arise upon some Contract or Penalty imposed upon some Statute or pain, and not by other Offences, as in the Civil Law, Debitum ex delicto.
If a man enter into a Tavern to drink, and when he hath drank, goes away, and will not pay the Vintner; the Vintner shall not have an Action of Trespass against him for his Entry, but shall have an Action of Debt for the Wine.
If I deliver Cloth to a Tailor to make a Gown, if the price be not agreed on in certain before, how much I shall pay for the making; he shall not have against me a general Action of Debt, but a special one, and shall [Page 274] declare specially, and it shall be put to the Iury how much he deserves.
But if a Tailor make a Bill, and himself rates the making and the necessaries thereunto; he shall not have an Action of Debt for his own values, unless it was so specially agreed; but in such case he may detain the Garment until he be paid, as an Hostler may his Guests Horse for his meat. Cok. l 8. 147.
Also Debt lyeth for Fines of Copyholds, and for amerciaments in Court Leet, and Court Baron, and upon Awards, and upon recoveries in base Courts, or Courts of Record.
Detinue.
DEtinue is a Writ that lies against him, who having goods and chattels delivered to him to keep, refuses to re-deliver them. See hereof. F. N. B. 138.
Devastaverunt bona Testatoris.
DEvastaverunt bona Testatoris is, when the Executors will deliver Legacies, or make restitution for wrongs done by their Testator, or pay his Debts due upon Contracts or Specialties, whose days of payment are not yet come, &c. and keep not sufficient in their hands to discharge those Debts upon Records [Page 275] or Specialties which they are compellable by the Law to satisfie in the first place; then they shall be constrained to pay these out of their own goods, according to the value of what they voluntarily delivered or paid: for such irregular and illegal Payments are accounted in the Law a Wasting of the goods of the Testator, as much as if they had given them away without cause, or sold them, and converted them to their own use.
And therefore if A be bound in a Recognisance, or in a Statute Merchant, or Staple, and after Recovery is had against him in an Action of Debt; and he makes his Executors, and dies; his Executors are bound by the Law to pay the Debt due upon the Recovery, although it be later in time, before the Debt due by Recognisance or Statute, because though both are Records, yet the Iudgment in the Kings Court upon judicial and ordinary proceeding is more notorious and conspicuous, and of a more high and eminent degree, then a Statute or Recognisance taken in private, and by consent of parties, and is therefore preferred in judgment of the Law before Recognisance or Statute: and if the Executors do not satisfie this first, then if they have no goods of the dead in their hands, they shall pay it of their own. So the Ordinary having goods of one that dies intestate in his hands by Sequestration, [Page 276] and an Action of Debt upon an Obligation to the value of the said goods is brought against him as Ordinary; he shall not dispose or administer any parcell of the said Goods to the other Creditors at his pleasure, but is bound to satisfie the Debt first for which an Action is brought against him. Dyer, fol. 232. placit. 5.
If a Sheriff retorne ex officio without inquest, that the Executor hath wasted goods, the Execution goes de bonis propriis of the Executor, and if the retorn be false, then the Executor may have an Action upon the Case against the Sheriff for his false retorn, because the Executor hath no day to plead. But if the Sheriff retorn a devastavit upon an Inquiry by a Iury, the Executor may appear and traverse, quod non devastavit, and try it, 1 Cro. Mounson and Bourn, & Proctor versus Chamberlain.
Devenerunt.
DEvenerunt is a Writ directed to the Escheator, when any of the Kings Tenants holding in Capite dies, and when his son and heir, within age, and in the Kings custody, dies, then shall this Writ go forth, commanding the Escheator, that he by the oath of good and lawful men enquire what [Page 277] Lands or Tenements by the death of the Tenant come to the King, &c. See Dyer, f. 360. pla. 4. But see the Stat. 12. Car. 2. cap. 24.
Devest.
DEvest is a word contrary to Invest; for as Invest signifies to deliver the possession of a thing, so Devest signifies the taking it away.
Devise.
DEvise is, where a man in his Testament gives or bequeaths his Goods or Lands to another after his decease. And where such Devise is made of Goods, if the Executors will nor deliver them to the Devisee he hath no remedy by the Common Law, but it behoves him to have a Citation against the Executors of the Testator, to appear before the Ordinary, to shew why he performs not the Will of the Testator: for the Devisee may not take the Legacy and serve himself, but it must be delivered to him by the Executors. See the Stat. 32 H. 8. ca. 1. & 34 H. 8. ca. 5. & 29 Car. 2. ca. 3. By which last Statute the Law of Testameuts is altered.
[Page 278] But by the Common Law if a man be sole seised of Lands in fee, and devises them by Testament; this Devise was void, unless the Lands were in City or Borough where Lands are devisable by Custome. But if any man were infeoffed to the use of another and his heirs, and he to whose use he was so seised did make Devise of his Lands; this Devise was good, though it were not in a Town where Lands are devisable.
Also if any man devise Lands in City, Town, or Borough, devisable, and the Devisor dies; if his Heir or any other abate in the Lands, then the Devisee shall have a Writ of Ex gravi querela. But this Writ shall never be pleaded before the Kings Iustice, but always before the Maior or Bailiffs in the same Town.
And here, to the end to shew how much the Laws of this Realm, and the discreet Iudges of the same, who are the Interpreters of it, do favour Wills and Testaments, and Devises, in yielding to them such a reasonable construction as they think might best agree with the minds of the dead, considering that Wills and Testaments are for the most part, and by common intendment, made when the Testatour is very sick, weak, and past all hope of recovery: for it is a received opinion in the [Page 279] Countrey amongst most, that if a man should chance to be so wise as to make his Will in his good health, when he is strong, of good memory, and hath time and leisure to ask counsell (if any doubt were) of the Learned, that then he should not live long after; and therefore they deferre it to such time when it were more convenient to apply themselves to the dispositions of their Souls, than of their Lands or Goods, except it were that by the fresh memory and recital of them at that time, it might be a cause to put them in mind of some of their goods or lands falsly gotten, and so move them to restitution, &c. And at that time the penning of such Wills is commonly committed to the Minister of the Parish, or to some other more ignorant, who knows not what words are necessary to make an Estate in Fee-simple, Fee-tail, for term of life, or such like, besides many other mischiefs: I will therefore here set down some of those Cases that are most common in ignorant mens mouths, and carry, by the wise interpretations of the Judges, a larger and more favourable sense in Wills, than in Deeds.
First therefore, if one devise to J. S. by his Will all his Lands and Tenements; here not only all those Lands that [Page 280] he hath in possession do pass, but all those that he hath in Reversion, by virtue of those words, Tenements.
And if Lands be devised to a man to have to him for ever, or to have to him and his Assigns; in these two cases the Devisee shall have a Fee-simple. But if it be given by Feoffment in such manner, he hath but an Estate for term of life.
And if a man devise his Land to another, to give, sell, or do therewith at his pleasure or will; this is Fee-simple
A Devise made to one and to his Heirs males doth make an Estate-tail: But if such words be put in a Deed of Feoffment, it shall be taken for Fee-simple, because it doth not appear of what body the Heirs males shall be begotten.
If Lands be given by Deed to J. S. and to the Heirs males of his body, &c. who hath issue a daughter, who hath issue a son, and dies; there the Land shall return to the Donor, and the son of the Daughter shall nor have it, because he cannot convey himself by Heirs males, for his mother is a let thereto: But otherwise it is of such a Devise, for there the son of the daughter shall have it, rather then the Will shall be void.
If one devise to an Infant in his mothers belly, it is a good Devise; but otherwise by Feoffment, Grant, or Gift; for in those cases there ought to [Page 281] be one of ability to take presently, or otherwise it is void. See 14. El. Dy. 304.
A Devise made in Fee-simple without expresse words of Heirs, is good in Fee-simple.
But if a Devise be made to J. N. he shall have the Land but for term of life; for those words will carry no greater Estate.
If one will that his son J. shall have his Land after the death of his wife; here the wife of the Devisor shall have the Land first for term of life. So likewise if a man devise his goods to his wife, and that after the decease of his wife, his son and heir shall have the House where the goods are; there the son shall not have the House during the life of the wife: For it doth appear that his intent was, that his wife should have the House also for her life, notwithstanding it were not devised to her by express words.
If a Devise be to J. N. and to the Heirs females of his body begotten, after the Devisee hath issue a son and daughter, and dies; here the daughter shall have the Land, and not the son, and yet he is the most worthy person, and Heir to his father: but because the Will of the dead is, that the daughter should have it, Law and Conscience will so also.
[Page 282] And herein the very Heathens were precise, as appears by those Verses of Octavius Augustus, which Donatus reports he made after Virgil at his death gave commandment that his Books should be burnt, because they were imperfect, and yet some perswaded that they should be saved; as indeed they happily were; to whom he answered thus:
Devoire.
DEvoire is as much as to say a Duty. It is used in the Statute of 2 R. 2. ca. 3. where it is provided▪ That all the Western Merchants, being of the Kings amity, shall pay all manner Customs and Subsidies, and other Devoires of Caleis. See the Stat. 5 Ejusdē Regis cap. 2.
Devorce.
DEvorce or Divorce, Divortium, dictum est Diversitate mentium, quia in diversas partes eunt qui distrahunt Matrimonium or else from the verb Diverto, which signifies to return back, because after the Devorce between the husband and wife, he returns her again to her father, [Page 283] or other friends, or to the place from whence he had her.
And though Devorce was never approved of by the Divine Law, but contrariwise prohibited, as appears by this precept, Let no man separate that which God hath joyned together; yet in all ages and well-governed Common-wealths it hath been used and permitted: As at this day with us there are divers causes for which the husband and wife may be devorced, as first causa Praecontractus.
Therefore if a man marry with a woman precontracted, and hath issue by her, this issue in Law and in truth bears the surname of his father: but if after the husband and wife be devorced for the Precontract, there the issue hath lost his surname, and is become a Bastard, and nullius filius. Cok. lib. 6. fol. 66.
Devorce may be causa Frigiditatis: and therefore if a man be married to a woman, and after they are devorced causa Frigiditatis, and then the man takes another wife, and hath issue by her; yet this issue is lawfull, because that a man may be habilis & inhabilis diversis temporibus, and by the Devorce causa Frigiditatis the Marriage was dissolved a vinculo Matrimonii, and by consequence either of them might marry again. Cok. lib. 5. fol. 98. b.
[Page 284] Also a man may be devorced causa Impubertatis, or Minoris aetatis: and in this case if two are married infra annos nubiles, and after full age Devorce is had between them; this dissolves the Marriage, and the woman may arraign an Assise against the Husband for the Lands or Tenements given with her in Frank-marriage, 19 lib. Assise, Pla. 2. So Devorce may be had causa Professionis, causa consanguinitatis, causa Fornicationis, and for many other causes, too long to be now recited.
It is requisite that in the sentence of Devorce the Cause thereof be shewed, because some Devorce dissolves the Matrimony, that is to say, a vinculo Matrimonii, bastards the issue, and barrs the wife of Dower; and some a mensa & thoro, the which dissolves not the Matrimony, nor barrs the Woman of Dower, nor bastards the issue.
Devorce is a Iudgement spiritual, and therefore, if there be cause, ought to be reversed in the Spiritual Court. See Cok. lib. 7. Kenns Case.
If a Woman Copiholder of certain Land, durante viduitate sua, according to the Custome of the Mannor, sows the Land, and before the severance of the Corn takes a husband; the Lord shall have the Emblements, and not the husband: But if a Lease be made to the husband and wife during the [Page 285] Coverture, and the husband sows the Land, and afterward they are devorced causa Praecontractus; the husband shall have the Emblements, and not the Lessor.
Dicker.
DIcker is a word used in the Statute of 1 Jacobi, cap. 22. and it signifies the quantity of Ten Hides of Leather. And it seems to come from the Greek word Decas, which signifies Ten.
Diem clausit extremum.
DIem clausit extremum is a Writ that lies where the Kings Tenant that hold in Chief dies; then this Writ shall be directed to the Escheator, to enquire of what Estate he was seised, who is next Heir, and his age, and of the certainty and value of the Land, and of whom it is holden; and the Inquisition shall be returned into the Chancery, which is commonly called The Office after the death of that persō.
And there is another Writ of Diem clausit extremum awarded out of the Exchequer, after the death of an Accountant or Debtor of his Majestie, to levy the Debt of his Heir, Executor, Administrators lands or goods.
Dietus datus.
DIes datus is a Respite given to the Tenant or Defendant before the Court. Brook Tit. Continuance.
Dieta rationabilis.
DIeta rationabilis is sometimes used for a Reasonable Days journey, as Bract. l. 3. patt. 2. cap. 16. It hath in the Civil Law other significations, which need not be here mentioned. See Vocabul. utriusque Juris.
Dieu son act.
DIeu son act, these are words oftentimes used in our Law, and it is a Maxime, That the Act of God shall prejudice no man: And therefore if a House fall down by Tempest, or other Act of God the lessee for life or years shall not only be quit in an Action of Waste brought against him, but hath by the Law a special interest to take timber to build the House again, if he will, for his habitation. Cok. lib. 4. 63. & lib. 11. 82. a.
In like manner, when the Condition of an Obligation consists of two parts in the disjunctive, and both are possible at the time of the Obligation [Page 287] made, and afterwards one of them becomes impossible by the Act of God; the Obligor is not bound to perform the other part, for the Condition shall be taken beneficially for him. Coke lib. 5. 22.
Dignitie Ecclesiastical.
DIgnitie Ecclesiastical is a phrase of speech used in the Statute of 26 Hen. 8. cap. 3. and by the Canonists is defined to be Administration conjoyned with power and Jurisdiction.
Diminution.
IS when the Plaintiff or Defendant in a Writ of Error alledges to the Court, that part of the Record remains in the Inferiour Court not certifyed, and prays that it be certifyed by Certiorari, Co. Ent. 232. 242. 1 Cr. John versus Thomas, 2 Cro. 479. 131. Rolls Abridg. 765. 20.
Diocesse.
Diocesse is the Circuit of the Iurisdiction of every Bishop: for this Realm hath two kinds of Divisions; the one in Shires or Counties, in respect of the Temporal politie; the other [Page 288] in Diocesses, in respect of the Ecclesiastical Iurisdiction.
Disability.
DIsabilitie is, when a man by any act or thing, by himself or his ancestor done or committed, or for or by any other cause, is disabled or made incapable to do, inherit, or take benefit or advantage of a thing, which otherwise he might have had or done.
There are many things by which a man may be disabled; and those are ordinarily either by the act of the party, or his Ancestor, or by the act of the Law, or of God.
Disability by the Act of the Ancestor; as if a man be attainted of Treason or Felony, by this Attainder his blood is corrupt, and thereby himself and his children disabled to inherit.
Disability by the Act of the party himself; as if a man makes a Feoffment to another man that then is sole, upon condition, that he shall infeoff a third man before M. and before M. or the Feoffment made, the Feoffee takes a wife; he hath by that disabled himself to perform the Condition according to the trust in him reposed, and therefore the Feoffor may enter and out him, as it is Littl. sect. 357. So if the Feoffee charges the Land, or enters into a Statute-Staple or Statute-Merchant; by these [Page 289] acts he hath disabled himself, and therefore the Feoffor may enter as in the former case. So if I bind my self, that upon Surrender of a Lease I will grant a new Estate to the Lessee, and afterwards I grant over my Reversion: in this case, though I afterwards repurchase, and get the whole Reversion to me again, yet I have forfeited my Obligation, because I was once disabled to perform it. Co. l. 5 f. 21. Also if a man be excommunicated, he cannot during that time sue any Action, but shall be thereby disabled, Coke, l. 8. f. 69. and so in many other cases.
Disability by act of Law is, most properly, when a man by the sole act of the Law, without any former thing by him done, is disabled; and so is Alien born. And therefore, if a man born out of the ligeance of our Lord the King will sue any Action, the Tenant or Defendant may say, that he was born in such a Country forth of the Kings liegeance, and demand judgment if he shall be answered; for the Law is our Birthright, to which an Alien is collateral and a stranger, and therefore disabled to take any benefit thereby.
By the act of God; as not to be of whole memory is a Disability in some cases, and in others not; for which it seems this difference may be taken: that in all cases where a man of no [Page 290] whole memory gives or passes any thing or Estate out of him, this after his death may be disanulled and avoided; but where a man Non sanae memoriae doth a thing whereby nothing passes out of him, there he may in some special cases be bound: as if he be Lessee for years, rendring Rent, and the Lessor grants the Reversion; there the Lessee non sanae memoriae cannot make Attornment, for he that is amens, or without mind, cannot make Attornment, which is Agreement; and yet in such case if the Lessor ejects him, and makes a Feoffment, and afterwards the Lessee non sanae memoriae re-enters, this act of Re-entry doth subject him to the Distress and Action of Waste.
And it is a Maxim in Law, That a man of full age shall never be received to disable his own person. And this incapacity to disable himself, as to some persons is personal, and extends only to the party himself; and as to others it is not personal, but shall bind them also.
There are four manner of Privities: scil. Privies in Bloud, as Heir; Privies in Representation, as Executors or Administrators, Privies in Estate, as Donee in tail, the Reversion or Remainder in fee, &c. and Privies in Tenure, as the Lord and Tenant: and two of these may disable the person of the dead, which was non sanae memoriae, or, &c. and [Page 291] shall avoid his Grants or Feoffments, and two of them not. For Privies in Bloud may shew the Disability of the Ancestor, and Privies in Representation the Infirmity of their Testator or Intestate; but neither Privy in Estate, nor Privy in Tenure can so do, Co. l. 4. f. 123, 124. See Lit. sect. 405. & Co. l. 8. fol. 43.
Disalt.
DIsalt signifies as much as to Disable. Litleton cap. Discontinuance.
Disceit.
DIsceit is a Writ, sometime Original, and sometime Iudicial. When it is Original, it lies where any Disceit is done to a man by another, by not performance of a Bargain or Promise, then he that is in such manner deceived shall have this Writ.
When it is Judicial, it lies where a Scire facias is sued out of any Record against a man, and the Sheriff returns that he is warned, where he was not; or where a Praecipe quod reddat, of a Plea or Lands. or a Quare Impedit, of the Presenting to a Church, is sued against one, and the Sheriff returns that the Defendant is summoned, where he was not; by which [Page 292] Disceit and false Return the Demandant or Plaintiff recovers: then the party grieved shall have this Writ against him that recovered, and against the Summoners, and against the Sheriff; and the Writ shall be directed to the Coroners of the same County, if he continue Sheriff that made the Return.
So if a man makes an Attorney in an Action real brought against him, and afterwards it is agreed by Disceit between the Demandant and the said Attorney, that the said Attorney shall make Default, who doth so accordingly, whereby the Tenant loses his Land; then the same Tenant that loses the Land may have a Writ of Disceit against the Attorney.
Also if a man brings an action of Trespasse against two others, and the Plaintiff and an Attorney by Disceit, cause two Strangers, not parties to the Writ, to come into Court, and say that they are the same two Defendants named in the Writ, and that they appoint the same man to be their Attorney in that Suit, whereupon the same Attorney, as Attorney to the Defendants named in the Writ, pleads to the Issue, and after suffers the Enquest to pass by his Default, by which means the Plaintiff recovers: In this case those that are indeed Defendants may have a Writ of Desceit against the same Attorney, [Page 293] and shall recover their dammages. Fitzh. Nat. Brev. 96.
And as the Law punishes her Officers, as Serjeants, Pleaders, Philizers, Exigenters, Attornies, and others, so she renounces and condemns all acts of greatest importance, if they be intermixt with Disceit and falshood. As if a Fine be levied by Disceit, and five years past; by the Statute of 4 H. 7. c. 24. all persons and their rights shall be barred thereby: yet for that it was by Disceit, th [...] Fine shall be avoided, as is a [...] dged in Cok. lib. 3. fol. 77. [...] the same manner, if one [...] cover Land by Disceit, the [...] overy for this shall be fru [...] ated and made void, 3 Ed. 3. 2 [...] . So if a woman, that hath good cause to be endowed, will by Disceit have the Tenant to be disseised, and after recovers her Dower by a Writ of Dower against the Disseisor; yet she shall be adjudged in possession against the Disseis [...] e but as a Disseisoresse, in respect of the Disceit. Cok. lib. 5. fol. 35.
There is another manner of Writ of Disceit, where Land which is auncient demesn is impleaded by the Kings Writ at Westm▪ Then the Lord of the Mannor may have this Writ, and reverse all the former proceedings, and Iudgment, as it appears Rast. Ent. 100, 221. 2 R. 3. 1, & 11 H. 4. 36.
Discent.
DIscent or Descent is in two sorts, either lineal or collateral. Lineal Discent is, when a Discent is conveyed in the same Liue of the whole bloud; as grandfather, father, son, sons son, and so downward.
Collateral Discent is out in another branch drawn from above of the whole bloud, as grandfathers brother, fathers brother, and so downward.
Note, that if one die seised in fee or in tail of Land in which another hath right to enter, and that discends to his Heir, such Discent shall take away the Entry of him who hath right to enter, for that the Heir hath it by Discent from his father, and so by act of the Law; and he that hath right cannot put him out by entring upon him, but is put to sue his Writ, to demand the Land according to the nature of his Title. See hereof in Littl. lib. 3. cap. 6. and Stat. 32. H. 8. cap. 33.
Disclaimer.
DIsclaimer is, where the Lord distrains his Tenant, and he sues a Replevin, and the Lord avows the taking, by reason he holds of him; if the Tenant say, that he disclaims to hold of him, this is called [Page 295] a Disclaimer; and if the Lord thereupon bring in a Writ of Right sur Disclaimer, and it be found against the Tenant, he shall lose his Land. Also if one brings a Praecipe against two others for the Land, and the Tenant disclaims, and saith that he is not thereof Tenant, nor claims any thing therein; then the other shall have the whole Land: but if the Praecipe be brought against one alone, and he disclaims, as aforesaid, the Writ shall abate; yet the Demandant may enter in the Land, and hold it in his rightfull estate, though his Entry was not lawful.
And after the Tenant in an Action brought against him disclaims, he shall not have a Writ of Error against his own Disclaimer, because by it he hath barred himself of his right to the Land; for the words of the Disclaimer are, He hath nothing neither claims he to have in the Land, neither at the day of the bringing of the Original Writ aforesaid, &c. had or claimed, but any thing in the same Land to have he disavows and disclaims: and against this he shall not have Restitution by a Writ of Error. See Cok. lib. 8. fol. 62.
So if a Lord, in case where he may, disclaims his Seigniory in Court of Record, his Seigniory by this is extinct, and the Tenant shall hold of the Lord next above him that so disclaimed. Lit. sect. 146.
[Page 296] If Lands be given to the husband and wife in tail or in fee, and the husband dies, the wife cannot devest the Freehold cut of her by any verbal Waver or Disclaimer in the Countrey: as if before any Entry made by her she saith, that she altogether waves and disclaims the said Estate, and will never take nor accept thereof; yet the Free-hold remains in her, and she may enter when she pleases. So a Charter of Feoffment was made to four, and Seisin was delivered to three in the name of all, and after the Seisin was delivered, the fourth coming sees the Deed, and saith by word that he will have nothing of the Land, nor agree to the Deed, but disclaims: and it was adjudged, that this Disclaimer by word in the Countrey shall not devest the Freehold out of him. Cok. lib. 3. fol. 26.
Discontinuance.
DIscontinuance is, when a man alienates to another Lands or Tenements, and dies, and another hath right to the same Lands, and may not enter into them because of this Alienation: as if an Abbot alien the Lands of his House to another in fee, fee-tail, or sor life, or if a man alien the Lands that he hath in right of his wife, or if Tenant in tail [Page 297] makes, of the Lands given to him and the Heirs of his body, any Feoffment, Gift in tail, or Lease for life, not warranted by the Statute 32 Hen. 8. by Fine or Livery of seisin; then such Alienations are called Discontinuances, for such Estates passe away by Livery and seisin: In these cases the Successors of the Abbot, or the woman after the death of her husband, or the issue in tail after the death of the Tenant in tail, and they that have any Remainder or Reversion after the end of the Estate-tail, may not enter, but every of them is put to his Action.
And as there is Discontinuance of Possession, as is said before; so also is there Discontinuance of Process or Plea: and this is when the instant is lost, and may not be regained, but by a new Writ to begin the Suit afresh; for to be discontinued and to be put without day is all one, and nothing else but finally to be dismissed the Court for that time. West part. 2. tit. Fines, sect. 115. So Crompton, in his Jurisdictions, fol. 131. uses it in these words; If a Justice-seat be discontinued by the not coming of the Justices, the King may renew it by his Writ.
And if the Iustices of any Court do not meet at the day and place appointed, then the Cause shall be discontinued unto another day; as in Cok. lib. [Page 298] 1 fol. 38. So if a man hath an Action in the Court of the Marshalsea, and the King removes forth of the Vierge, the Pleas shall be discontinued, Cok. lib. 10. fol. 73.
See more hereof in Litt. lib. 3. cap. 11. and 32 H. 8. cap. 28. which takes away Discontinuances by the husband seised in right of his wife.
Disgrading.
DIsgrading, or Degrading, is when a man having taken upon him a Dignity temporal or spiritual, is afterwards thereof deprived, be he Knight, Clerk, or other. Whereof if a Clerk be delivered to his Ordinary, and cannot clear himself of the Offence whereof he is convicted by the Iury, he shall be disgraded for it; which is nothing else but the Deprivation of him from those Orders he hath taken upon him, as Priesthood, Deaconship, or otherwise. Stamf. Pl. Cor. fol. 130, 138.
In like manner there is Disgrading of a Knight, as is aforesaid. See Stow Annal. pag. 685. And it is worthy the observation, that by the Canon Law there are two kinds of Disgradings; the one summary, by word only, and the other solemn, by Devesting the party disgraded from those Ornaments and Rites which are the [Page 299] Ensigns of his Order or Degree. See 4 E. 4. 19, 20.
Tithes.
TIthes are the Tenth parts of any thing, but properly of those things that increase, which for the most part belong to Ministers of the Church for their maintenance; and they are of three sorts, to wit, Predial, Personal, and mixt. Predial Tithes are Tithes that are paid of things that come of the Ground onely; as Corn, Hay, Fruits of trees, and such like.
Personal Tithes are Tithes paid of such profits as come by the labour and industry of a mans person; as by Buying and Seiling, gains of Merchandize, and of Handycrafts men, Labourers, and such as work for hire, as Carpenters, Masons, and such like.
Mixt Tithes are Tithes of Calves, Lambs, Pigs, and such like, that increase partly of the Ground they are fed upon, and partly of the keeping, industry and diligence of the Owner.
Disparagement.
DIsparagement is a Shame, Disgrace, or Villany done by the Gardian in Chivalrie to his Ward within age, in point of his Marriage.
As when the Gardian marries his Ward within age of fourteen years, and within such time as he cannot consent to Marriage, to a Bond-woman; or to the Daughter of one that dwels in a Borough, (which is to be understood such whose fathers profess Handicrafts, and those baser Arts of buying and selling to get their living) or to one that is lame, or deformed, or hath some horrible Disease, as the Leprosie, French-Pox, Falling-sickness, or such like; or marries him to a woman that is past Child-bearing, and divers such other; then, upon complaint made by the friends of such Heir, the Lord or Gardian shall lose the Wardship, and the profits during the Nonage of the Heir, for the Disparagement done him. See Littl. lib. 2. cap. 4.
Disseisin.
DIsseisin is, when a men enters into any Lands or Tenements where his Entry is not lawful, and puts [Page 301] him out that hath the Freehold.
Disseisin upon Disseisin.
DIsseisin upon Disseisin is, when the Disseisor is disseised by another.
Disseisor and Disseisee.
DIsseisor is he who puts a man out of his Land without order of Law.
But the King cannot be said to be a Disseisor; and with this is a note in 1 E. 5 f. 8. that it was held, the King could not be termed one that did wrong for if one will disseise another to the use of the King, where the King hath no right, the King cannot be said a Disseisor.
Disseisee is he that is put out of his Land; and if such Disseisee levy a Fine of the Land whereof he is disseised to a stranger, the Disseisor shall keep the Land for ever, for the Disseisee against his own Fine cannot claim, and the Conusee cannot enter, for the right which the Disseisee had was extinct by the Fine, whereof the Disseisor shall take advantage: and so was the opinion, Cok. lib 2. fol. 56.
Distress.
DIstress is the thing taken and distrained upon any Land for Rent behind, or other duty, or for hurt done, although the property of the thing belongs to a stranger: but if they are Beasts that belong to a stranger, it behoves that they were levant and couchant upon the same Ground, that is to say, that the Beasts have been upon the ground a certain space, that they have themselves well rested there, or else they are not distrainable for Rent or Service.
If one distrain for Rent or other thing without lawfull cause, then the party grieved shal have a Replevin, and upon Surety found to pursue his Action, shall have the Distress re-delivered. But there are divers things that are not distrainable; viz. another mans Gown in the house of a Tailor, or Cloth in the house of a Fuller, Sheerman, or Weaver, they being common Artificers, and the common presumption is, that such things belong not to the Artificers, but to other persons who put them there to be wrought.
Victual is not distrainable, nor Corn in sheaves, unless they are in a Cart; because a Distress ought to be always of such things whereof the Sheriff [Page 303] may make Replevin, and deliver again in as good case as they were at the taking.
A man may distrain for Homage of his Tenant, for Fealty and Escuage, and other Services and for Fines and Amerciaments which are assessed in a Leet, but not in a Court-Baron; and for Dammage-feasant, that is, when he finds the Beasts or goods of any other doing hurt, or incumbring his Ground. But a man may not distrain for any Rent, or thing due for any Land, but upon the same Land that is charged therewith. And in case where I come to distrain, and the other, seeing my purpose, cases the beasts, or bears the th [...] ng out, to the intent that I shall not take it for a Distresse upon the Ground; then I may well pursue; and if I take it presently in the Highway, or in anothers ground, the taking is lawful as well there as upon the Land charged, to whomsoever the property of the goods belongs.
Also for Fines and Amerciaments assessed in a Leet, one may always take the goods of him that is so amerced, in whose ground soever they be within the Iurisdiction of the Court, as it is said.
Also when one ha [...] h taken a Distresse, it behoves him to bring it to the common Pound, or else he may keep it in an open place, so that he give [Page 304] notice to the party, that he (if the Distress be a quick beast) may give it food; and then if the beast die for want of food, he that was distrained shall be at the loss, and the other may distrain again for the same Rent or duty: But if he carry the Distresse to an Hold, or out of the County, that the Sheriff may not make deliverance upon the Replevin; then the party (upon Return of the Sheriff) shall have a Writ of Withernam directed to the Sheriff, what he take as many beasts or as much goods of the other into his keeping, till deliverance be made of the first Distresse. And also if they be in a Fortlet or Castle, the Sheriff may take with him the Power of the County, and beat down the Castle, as appears by the Statute of West. 1. c. 17. Therefore see the Statute.
District.
DIstrict is sometimes used for the Circuit or Territory within which a man may be compelled to appear, Brit. c. 120. and so also is Districtio in the Reg orig. fol. 6. v. Distresse in the former signification is divided first into finite and infinite. Finite is that which is limited by Law, how often it shall be made, to bring the party to trial of the Action, as once or twice, Old. Nat. Brev. f. 43. Distresse infinite is without limitation untill [Page 305] the party comes; as against a Iury that refuses to appear upon Certificate of Assise, the Process is a Venire facias, Habeas corpora, and distresse infinite. Old. nar. Brev. f. 113.
Then it is divided into the grand Distresse, as Anno 52 H. 3. c. 7. which Fitzh. calls in Latine Magnam Districtionem, Nat. Brev. 126. a. and an ordinary distresse. A grand Distresse is that which is made of all the goods and chattels which the party had within the County, Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite, idem fol. 80. with whom also the Statute of Marlbridge seems to agree, Anno 52 H. 3. c. 7. 9, & 12. See the Old. Nat. Brev. 71. b.
Distringas.
DIstringas is a Writ directed to the Sheriff, or any other Officer, commanding him to distrain for a Debt to the King, &c. or for his appearing at a day. See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas.
Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law. And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men. Of which see 1 Cro. Rep. 204. & int' Reg. & Inhabit' de Epworth.
Dividend.
DIvidend is a word used in the Statute of Rutland, Anno 10 E. 1. where it seems to signifie one part of an Indenture. See Anno 28 ejusdem, Stat. 3. c. 2.
Divorce.
DIvorce. See Devorce.
Docket.
DOcket is a Little piece of Payer or Parchment written, that contains in it the effect of a Greater Writing. See the Statute 2 & 3 P. & M. c. 6. M. West. part 2. tit. Fines, sect. 106. calls it Dogget.
Dog-draw.
DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest. There are four kinds of them observed by Manwood, part 2. c. 18. num. 9. of his Forest Laws, that is, Dog-draw, Stable stand, Back-bear, and Bloudy-hand, Dogdraw is, when one is found drawing after a Deer by the sent of a Hound led in his hand.
Dogger.
DOgger is a kind of Ship, Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish, ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven, &c. Doggermen, Anno 2 H. 8. c. 4.
Dole-fish.
DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance. See the Statute Anno 35 H. 8. c. 7.
Dominus litis.
IS the Advocate in the Civil Law, who after the death of his Client, prosecutes a Suit to sentence for the Executors use.
Domo reparan [...]
DOmo reparanda is a Vr. that lies for one against his neighbour, by the fall of whose House he fears some hurt will come to his own. Reg. orig. fol. 123.
Doom.
DOom (from the Saxon Dom) signifies Iudgment; a word much used in References to Arbitrators.
Dooms-day.
DOoms-day is a Book that was written in the time of S. Edward the Confessor, as the Author of Old Nat. Brev. saith, fol. 15. and before in the title of Ancient demesne, containing in it not only all the Lands through England, but also all the names of those in whose hands they were at that time when the Book was made. Lambert proves that this Book was made in the time of William the Conquerour, with whom Cambden in his Britan. pag. 94. agrees, proving it out of Ingulphus that flourished the same time, who touching the contents thereof hath these words: It describes the whole Land; neither was there one Hide in all England whose Value and Possessour was unknown, nor any Pool or place not describ'd in the Kings Roll, and the Rent, profits, Possession it self and Possessor not made known to the King, according to the fidelity of the Taxers, who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English, for its generality, [Page 309] in that it contains all the Tenements contained throughout the Land, it is surnamed Dooms-day, And this Book is sometimes called Liber Judicatorius, because in it is contained a diligent Description of the Kingdom, and it expresses the value of all the ground thereof, as well in the time of King Edward, as in the time of King William, under whom it was compiled.
Doomsman.
SEem to be Suitors in a Court of a Mannor in Auntient demesne, who are Iudges there.
Donative
DOnative is a Benefice meerly given and collated by the Patron to a man, without either Presentation to, or Institution by the Ordinary, or Induction by his commandment, F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis, c. 11. num. 1. hath these words: But if Chappels founded by Lay-men were not approved of the Diocesan, and, as they term it, spiritualized, they are not accounted Benefices, neither can they be conferred by the Bishop, but remain to the pious disposition of the Founders. Wherefore the founders and their Heirs [Page 310] may give such Chappels, if they will, without the Bishop.
M. Gwyn, in the Preface to his Readings, saith, That the King might of antient time found a free Chappel, and exempt it from the Iurisdiction of the Diocesan: So also he may by his Letters Patents give licence to a common person to found such a Chappel, and to ordain that it shall be Donative, and not presentable, and that the Chaplain shall be deprivable by the Founder or his heir, and not by the Bishop: and this seems to be the original of Donatives in England. Fitzherbert saith, fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents.
And all Bishopricks were of the Foundation of the Kings of England, and therefore in the antient time they were Donative, and given by the Kings; yet now the Bishopricks are become, by the Grants of the Kings, eligible by their Chapter, Coke, l. 3. f. 76.
Donor and Donee.
DOnor is he who gives Lands or Tenements to another in tail; and he to whom the same is given is called Donee.
Dorture.
DOrture is a common Room, place, or Chamber, where all the Religious of one Covent slept, and lay all night. Anno 25 H. 8. cap. 11.
Double Plea.
DOuble Plea is, where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended, and each one by it self is a sufficient Bar or Answer to the Action, then such double Plea shall not be admitted for a Plea, except one depend upon another; and in such case if he may not have the last Plea without the first, then such a double Plea shall be well received.
Double Quarel.
DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of the Province against any inferiour Ordinary, for Delaying Iustice in any Cause Ecclesiastical, as to give sentence, or to institute a Clerk presented, or such like: the effect of which is, That the Archbishop, taking knowledge of such Delay, directs his Letters under his [Page 312] authentical Seal to all and singular Clerks of his Province, thereby commanding and giving authority to them and every of them, to admonish the said Ordinary within nine days to do the Iustice required, or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed, and there to alledge the cause of his Delay; and lastly, to intimate to the said Ordinary, that if he performs not the thing injoyned nor appears at the day assigned, he himself without other Delay will proceed to perform the Iustice required. And it seems to be called a Double Quarel, because it is most commonly made against the Iudge, and him at whose request Iustice is delayed.
Dower.
DOwer, by the Law of the Realm, is a Portion which a Widow hath of the Lands of her husband, which by the Common Law is the third part; but by her husbands assignment by his fathers assent at the Church-door, she may have so much of his fathers Land as is so assigned, and so of the husbands assignment of part of his own Land. And Dower, by the Custome of some places, is to have half [Page 313] the husbands Land. Dower is also a Writ that lies where a man is sole seised, during the Coverture between him and his wife, of Lands or Tenements in Fee-simple or Feetail, where by possibility the issue between them may inherit; if such a man die, his wife shall recover the third part of all the Lands whereof the husband was sole seised any time during the Coverture, by a Writ of Dower unde nihil habet, though he died not seised, and though he made Alienation thereof in his life.
But if a man, before the Statute of Vses, 27 H. 8. had Lands in which another man or other men were seised to his use always during the Coverture, and he to whose use they were seised died before the said Statute, his wife should not be endowed.
And if before the said Statute two men were seised of Lands to the use of one of them, and he to whose use, &c. died before the said Statute, his wife should not be endowed. Also if a woman bring a Writ of Dower, she should recover Dammages for the profit run after the death of her husband, if he died seised thereof: but if any Alienation or Estate were made during the Coverture, so that the husband died not seised; then though she should recover the Land, yet no Dammages.
[Page 314] Also there is another Writ of Dower called a Writ of Right of Dower, which lies where a woman hath recovered part of her Dower in one Town, and the other part she is to recover. But in divers cases a woman shall not have Dower, as if the husband commit Treason, for which he is attainted, then his wife shall have no Dower.
And if she elope from her husband with another man in Adultery, and be not reconciled to him of her own will without coercion of the Church, she shall not be endowed. See Lit. l. 1. cap. 4.
And note, where in the Civil Law Dower is that which the husband hath with his wife in Marriage, to maintain the married estate; by the Laws of this Realm the word ( Dower) signifies such Portion as the wife after her husbands death shall have to live on.
Dozeine.
DOzeine. See Deciners.
Drie Exchange.
DRie Exchange (Anno 3 H. 7. cap. 5.) Seems to be a subtile term, invented to disguise Vsury, in which something is pretended to pass on [Page 315] both sides, whereas in truth nothing passes on the one side.
Drift of the Forest.
DRift of the Forrest is nothing else but an exact view or Examination taken once, twice, or oftner in a year, as occasion shall require, what Beasts there are in the Forrest, to the end that the Common in the Forrest be not over-charged, that the Beasts of Foreiners that have no Common there be not permitted, and that Beasts not commonable may be put out. See for this the Statute of 32 H. 8. cap. 35. and Manwoods Forrest Laws, cap. 15.
Right.
RIght is, where one hath a thing that was taken from another wrongfully, as by Disseisin, Discontinuance, or such like; the Challenge or Claim of him that ought to have it is called Right.
If a woman release all her Right to him in Reversion, her Dower is extinct; for when the Right, which is the foundation and principal, is released, by Consequence the Action, which is but the means to recover, is also released. By Release of all Title to the Land all his Right is extinct.
[Page 316] So when a man hath Title either by Condition, or by Alienation in Mortmain, the Release of all his Right shall extinguish this Title, Cok. lib. 8. fol. 151, 153.
Right of Entry.
RIght of Entrie is, when one seised of Land in fee is thereof disseised; now the Disseisee hath Right to enter into the Land, and may so do when he will, or else may have a Writ of Right against the Disseisor.
Duces tecum.
DUces tecum is a Writ out of the Chancery, commanding a man to appear there, and to bring with him some piece of Evidence, or other thing that the Court would have a sight of.
Dum fuit infra Aetatem.
DUM fuit infra aetatem is a Writ that lies where an Infant aliens his Land in Fee-simple, or for term of life; when he comes to his full age he shall have this Writ, or he may enter if he will, but he must be of full age the day of his Writ brought. Also if an Infant alien his Land, and [Page 317] die, his issue at his full age shall have this Writ, or he may enter; but the issue shall not have this Writ within his age.
Dum non fuit compos mentis.
DUM non fuit compos mentis is a Writ that lies when a man that is out of his wit, viz. Mad or Lunatick, aliens his Land in Fee-simple, and dies; then his Heir after his decease shall have this Writ, but he himself shall not have it, for that a man shall not be received to disable himself. Also this Writ may be made in the Per, Cui, and Post
Duplicat.
DUplicat is a Second Letters Patents granted by the Lord Chancellour, in case where he hath granted the same before; and therefore they are held void by Crompton in his Jur. of Courts, fol. 215.
Duresse.
DUresse is, where one is kept in Prison, or restrained from his Liberty, contrary to the order of Law, or threatned to be killed, maimed, or greatly [Page 318] beaten: and if such person so in Prison, or in fear of such Threatnings, make any Specialty or Obligation by reason of such Imprisonment, such a Deed is void in Law; and in an Action brought upon such a Specialty, he may say, it was made by Duresse of Imprisonment. But if a man be arrested upon an Action at the Suit of another, though the cause of Action be not good nor true, if he make an Obligation to a Stranger being in prison by such Arrest, yet it shall not be said by Duresse. But if he make an Obligation to him at whose Suit he was arrested, to be discharged of such Imprisenment, then it shall be said Duresse.
Duchy.
IS a Court in the Duchy Chamber of Lancaster at West. before the Chancellor del Duchy de Lanc̄ for matters concerning the lands and Franchises of the Duchy and their proceedings are by English bill, as in Chancery, Co. 4. Inst. 204.
E.
Earlderman.
EAlderman among the Saxons was as much as Earl among the Danes Camb. Brit. 107. And at this day we call them Aldermen, who are Associates to the chief Officer in the Common Council of the Town, 34 H. 8. c. 13. And in some places the chief Officer himself is called Alderman.
Earle.
EArle. See Countee.
Easement.
EAsement is a Priviledge that one Neighbour hath of another, by Writing or Prescription, without profit; as a Way or a Sink through his Land, or such like, Kitch. f. 105.
Egiptians.
EGiptians, commonly called Gipsies, are counterfeit Rogues, Welsh or English, that disguise themselves in speech and apparel, and wander up and [Page 320] down the Country, pretending to have skill in telling Fortunes, and to deceive the common people, but live chiefly by filching and stealing; and therefore the Statutes of 1 & 2 Mar. c. 4. & 5 Eliz. c. 20. were made to punish such as Felons, if they departed not the Realm, or continued so a mouth.
Ejectione firmae.
EJectione Firmae. Look for that in the Title Quare ejecit infra terminum.
Ejectment de Gard.
Ejectment de Gard. See that in the Title Gards.
Eigne.
EIgne is a French word, and signifies the Eldest or Firstborn. See Enitia pars.
Einecia
EInecia signifies Eldership, Stat. of Ireland, Anno 14 H. 3. See Enitia pars.
Eire Justices.
EIre Justices, or Itinerant, as we call them, were Iustices that used to ride from place to place throughout the Realm, to administer Iustice.
And these Iustices had authority in ancient times to grant Land that was seised for the King for Alienation without licence; for then Iustices in Eire might have granted such Land in fee, rendring Rent, as Iustices of the Forrest (who in effect, as to this purpose, are Iustices in Eire) at this day may of Lands iuclosed within a Forrest, without the Kings licence, Coke, l. 2. fol. 80.
Election.
ELection is, when a man is left to his own Free will, to take or do one thing or another, which he pleases: As if A covenants to pay B a pound of Pepper or Saffron before Whitsontide, it is at the Election of A at all times before Whitsontide, which of them he will pay; but if he pays it not before the said Feast, then afterward it is at the Election of B of have his Action for which he pleases. Dyer, f. 18. pl. 104.
So if a man gives to another his Horse or Cow, the Donee may take the one or the other at [Page 322] his Election: But if it be that he will give, in the future tense, then the Donee cannot take the one nor other, for then the Election is in the Donor. 21 H. 7. 19.
Also if a Iustice of Peace direct his Warrant to a Constable, to bring the party apprehended before him or another Iustice, it is in the Election of the Constable to go to what Iustice he pleases, Coke lib. 5. fol. 59. And so in many other cases.
Elegit.
TO hold by Elegit is, where a man hath recovered Debt or Dammage by a Writ against another by confession, or in other manner, he shall have within the year against him a Writ judicial, called Elegit, to have execution of the half of all his Lands and Chattels, (except Oxen and Beasts of the plow) till the Debt and Dammages be wholly levied and paid him; and during this term he is Tenant by Elegit.
If he be put out within the term, he shall have Assise of Novel Disseisin, and after a Redisselsin, if need be; and this is given by the Statute of Wes [...] m. 2. c. 18.
And by the equity of the said Statute, he that hath this Estate, if he be put out, shall have Assise and Redisseisin, if need be. [Page 323] And also if he make his Executors, and die, and his Executors enter, and after are put out, they shall have such Action as he himself. And if he be put out, and after make his Executors, and die, his Executors may enter; and, if they be stopped of their Entry, they shall have a Writ of Trespasse upon their Case.
If he do Waste in all the Land, or parcel, the other shall have against him immediately a Writ judicial out of the first Record, called Venire facias ad computandum, by which it shall be enquired if he have levied all the money, or parcel; and if he have not levied the money, then it shall be enquired to how much the Waste amounts; and if the Waste amount but to parcel, then as much of the money as the Waste amounts unto shall be abridged of the aforesaid money which was to be levied. But if he have done more Waste then the aforesaid summ of money which was to be levied amounts to, the other shall be discharged forthwith of all the said money, and shall recover the Land. And for the superfluity of the Waste made above the said summ, he shall recover his dammages single. The same Law is of his Executors, and of him that hath his Estate.
Or if the Debtor be satisfied by digging Coals, Load, Tyn, or oeher casual profits.
[Page 324] See the Stat. 32 H. 8. c. 5. If all the Lands extended be evicted from the Debtor by a better title he may take a new Execution, Co. 4. Rep. 66.
If he alien in fee, for term of life, or in tail, all or parcel of the Land which he holds by Elegit, if the Alienation be made within the term or after, he who hath right shall have against him an Assise of Novel Disseisin. And they both must be put in the Assise, the Alienor and the Alience: and though the Alienor d [...] e presently, yet he who hath right shall have Assise against the Alienee alone, as if the Alienee had been a plain Tenant for term of years. And that is by the equity of the Statute of Westm 2. cap. 25. for that he hath but a Chattel in effect. And the same Law is of his Executors, and of him who hath his Estate, as is aforesaid.
In Elegit, if the Sherif return that the party hath nothing the day of the Recognizance made, but that he purchased Lands after the time, then the Plaintiff shall have a new Writ to have Execution thereof. The same Law is of a Statute-Merchant.
After a Fieri facias a man may have the Elegit, but not contrariwise; for that the Elegit is of a higher nature then the Fieri facias.
If a man recover by a Writ of Debt, and sue a Fieri facias, and [Page 325] the Sheriff return that the Defendant hath nothing whereof he may satisfie the Debt to the party; then the Plaintiff shall have Elegit, or Capias sicut alias, and a Pluries. And if the Sheriff return at the Caplas, Mitto vobis corpus, and he have nothing whereof he may make satisfaction to the party, he shall be sent to the prison of the Fleet, and there abide untill he have made Agreement with the party: and if the Sheriff return Non est inventus, then there shall go forth an Exigent against him.
Note well, That in a Writ of Debt brought against a Parson, who hath nothing of Lay-Fee, and the Sheriff returns that he may not be summoned; then shall the Plaintiff sue a Writ to the Bishop, to cause his Clerk to come, and the Bishop shall make him come by Sequestration of the Church.
And if a man bring a Writ of Debt, and recover, and make his Executors, and die; they shall not have Execution, notwithstanding it be within the year, be a Fieri facias.
There is another sort of Elegit upon adjudging execution against Terr-tenants, which Elegits recite the lands against which Execution is adjudged, and commands the Sheriff to deliver to the Creditor a moyty of those Lands, and nothing is therein mentioned of any Goods or Chattels as in the other Elegits,
Elopement.
ELopement is, when a married woman departs from her husband, and dwells with an Adulterer, for which, without voluntary reconcilement to her husband, she shall lose her Dower, by the Statute of West. 2. cap. 34. Whereupon is this old Verse,
Embleaments.
EMbleaments are the Profits of the Land which have been sowed; and in some cases he who sowed them shall have them, and in some not: as if Tenant for life sow the Land, and afterwards die, the Executors of the Tenant for life shall have the Embleaments, and not he in Reversion.
But if Tenant for years sow the Land, and before that he hath reap'd his term expires; there the Lessor or he in Reversion shall have the Embleaments. If one desseises me, and cuts the Embleaments growing upon the Land, and afterwards I re-enter; I shall have an Action of Trespasse against him for the Embleaments: but [Page 327] if my Disseisor makes a Feoffment in fee, or leases the Land whereof he disseised me, and the Feoffee or Lessee takes the Embleaments, and after I re-enter; I shall not have Trespass Vi & armis against them who come in by Title, but against my Disseisor. Cok. lib. 11. f. 51.
If a woman Copiholder, during her Widowhood, according to the Custome of the Mannor, sows the Land, and before severance of the Embleaments she takes a husband; the Lord shall have the Embleaments. So if a woman seised of Land during her Widowhood makes a Lease for years, and the Lessee sows the Land, and the woman takes a husband; there the Lessee shall not have the Embleaments, although his Estate be determined by the act of a stranger.
And although it is commonly held in our Books, That if a man leases Lands at will, and after the Lessee sows the Land, and then the Will is determined, that the Lessee shall have the Embleaments; yet if the Lessee himself determines the Will before the severance of the Corn. he shall not have the Embleaments. See Cok. lib. 5. fol. 116.
Embrasour, or Embraceour.
EMbrasour, or Embraceour, is he that, when a matter is [Page 328] in trial between party and party, comes to the Barrs with one of the parties (having received some reward so to do) and speaks in the case, or privily labours the Iury, or stands there to survey or overlook them, thereby to put them in fear and doubt of the matter. But persons learned in the Law may speak in the case for their clients.
Emparlance.
EMparlance is, when a man being to answer to a Suit or Action, desires some time of Respite, to advise himself the better what he shall answer: and it is nothing else but a Continuance of the Cause untill a fatther day.
And though the Plaintiff (in the Kings Bench) after the Barre pleaded, hath time to reply two or three Terms after; yet no mention shall be made in the Roll of any Emparlance or Continuance, but the Entry shall be general, and so intended to be the same Term. But it is otherwise with a Barre, for it contains the Emparlance or Continuance, and is in this manner: And now at this day, that is, Friday, &c in the same Term▪ untill which day the aforesaid A had licence to imparle, &c.
[Page 329] But there is no such Entry upon any Replication or Rejoynder. See Coke lib. 5. fol. 75.
Brit. cap. 53. uses this word for the Conference of a Iury upon the business to them committed. There is a special Imparlance also for a Defendant salvis sibi omnibus & omnimodis exceptionibus ad breve & narrationem, or ad billam which is of use where the Defendant is to plead some matters which cannot be pleaded after a general imparlance.
Encheson.
ENcheson is a French word much used in our Law Books, as in the Statute of 50 E. 3. cap. 3 and it signifies as much as the Occasion, cause, or reason for which any thing is done. So it is used by Stamford, lib. 1. cap. 12. in his description of a Deodand.
Encrochment.
ENcrochment comes from the French word Acrocher, that is, to Pull or draw to: And it signifies an Vnlawfull gaining upon the right or possession of another. And so a Rent is said to be encroched, when the Lord by Distresse or otherwise compells the Tenant to pay more Rent then he ought, or then he [Page 330] need. See Bucknal's Case, 9 Rep' fol. 33. So when a man sees his Hedge or his Wall too far into the land or ground of his neighbour that lies next him, he is said to incroach upon him.
Enditement, or Indictment.
INdictment comes of the French Enditer, that is, to set a man out as he is. And it is a Bill or Declaration in form of Law, exhibited by way of Accusation against one for some offence either criminal or penal, and preferred to Iurors, and by their Verdict found and presented to be true before a Iudge or Officer that hath power to punish or certifie the Offence.
Endowment.
ENdowment (Dotatio) signifies properly the Giving or assuring of Dower to a woman. But it is sometimes by a Metaphor used for the Setting out or severing of a sufficient part or portion to a Vicar for his perpetual maintenance, when the Benefice is appropriated. And so it is used in the Statutes of 15 R. 2. cap. 6. and 4 H. 4. cap. 12.
Endowment de la pluis. belle part.
ENdowment de la, &c. is, when a man dies seeised of some Lands held in Knights-service and others in Soccage, the Widow is sped of her Dower rather in the Soccage-Lands, as the fairest part. Of this see Littl. lib. 1. cap. 5.
Enfranchisement.
ENfranchisement is, when a man is incorporated into any Society or Body politick. So if an Alien born be made Denizon of England, he is said to be enfranchised; and he that is made a Citizen of London, or other Town Corporate; because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised.
And when a man is enfranchised into a City or Borough, he hath a Free-hold in his Freedome for his life, and with others in their politick capacity, hath Inheritance in the Land of the said Corporation: wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed, and not only an Endeavouring or enterprising, whereof he may repent before it be put in execution. And what shall [Page 332] be sufficient cause to dis-infranchise a Free-man, and what not, see Cok. lib. 11. in Bagg's Case, fol. 98.
Englesherie.
ENglesherie, or Englecerie, is an old word, which signifies the being an Englishman: For in ancient time, as appears by Bracton lib. 3. Tract. 2. cap. 15. fol. 134. if a man had been slain or murthered, he was accounted to be Francigena; which word implies every Alien, until Englesherie were proved, that is, until it was made manifest that he was an Enlishman: The original whereof was this:
Kanotus, the Danish King, having established his Estate here in peace, at the request of our Barons, discharged the Land of his Armies, wherein he reposed his greatest safety, upon this condition, That the Barons would give consent to a Law, That whosoever should [...] ill an Alien, and was apprehanded, and could not acquit himself should be liable to Iustice [...] But if the Man-slaier escayed, the Town where the man was slain should forfeit sixty six Marks to the King; and if [...] he Town was not able to pay it, then the Hundred should forfeit and pay this to the King's own Tteasury: and farther, That every man murthered [Page 333] should be accounted Francigena, unless Englesherie were proved; and how it should be proved, see Bracton in the same chap. num. 7. Also see Horn's Mirrour of Justices, l. 1. cap. of the Office of Coroners, and Fleta, l. 1. c. 30. This Englesherie, for the abuses and grievances which were afterwards perceived to arise therefrom, was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke, l. 7. f. 16. Calvin's Cafe.
Enheritance.
ENheritance is such Estate in Lands or Tenements, or other things, as may be inherited by the Heir; whether it be estate in Fee-simple, or Tail by Discent from any of his Ancestors, or by his own Purchase.
And it is divided into Enheritance Corporate, and Enheritance Incorporate.
Enheritance Corporate are Mesuages, Lands, Meadows, Pastures, Rents, and such like, that have substance in themselves, and may continue always: And these are called Corporal things.
Enheritance Incorporate are Advowsons, Villains, Ways, Commons, Courts, Fishings, and such like, that are or may be appendant or appurtenant to Enheritance Incorporate.
The Eldest part.
ENitia or Einecia pars is that Part which, upon Partition among Coparceners, falls to the Eldest Sister or ancientest Coparcener, as it appears by Littleton, sect. 245. And it is called Enitia pars from the French word Eigne or Aisne, that is, the First-born.
Enquest.
ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact. And such Inquiry is either ex officio, which are called Inquests of Office and are traversable, or at the mise of the parties. This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors.
Entendment.
ENtendment is an usual word in our Law, when a thing is in doubt, then by Entendment it shall sometimes be made good. As if an Inquisition be found before a Coroner, that a man was murthered at A. which is a Liberty, and is not said in the Inquisition at A within [Page 335] the Liberty of A, yet it shall be good by Entendment; for peradventure the Liberty may extend beyond the Town, but that the Town if self shall be presumed to be out of the Liberty of the Town, is a captious construction: wherefore the Inquisition shall be good by Entendment. Coke, l. 5. f. 121. See Kitch. f. 224.
Enterpleader.
ENterpleader is, when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined: For example, Two persons be found Heir to Land by two several Offices in one County, by this the King is in doubt to whom he shall make Livery, for which cause, before Livery made, he will have them interplead, and thereby determine who is the right Heir. See Coke, l. 7. f. 45. Stam. Prer. c. 19. Brooke, tit. Enterpleader.
Also there is another sort of Interpleader in Detinue in divers cases, which see Rast. Entries 213.
Entire Tenancie.
ENtire Tenancie is that which is contrary to Several Tenancy, and signifies a Sole possession in one man, where the [Page 336] other signifies Ioynt or common in more. See Brooke, Several Tenancies, and the Old Book of Entries, under this Title.
Entrie.
ENtrie is, where a man enters into any Lands or Tenements, or takes possession of them.
Also there are divers Writs of Entry which are in divers manners. One is a Writ of Entrie sur Disseisin, which lies where a man is disseised, he or his Heir shall have this Writ against the Disseisor, or any other after Tenant of the Land. And if the Disseisor alien, and die seised, then the Writ of Entrie shall be against the Heir and the Alienee in the Per; viz. in which the Tenant hath no Entry but by such a one, naming the Disseisor, who him hath disseised, &c.
If the Heir or Alienee die seised, or alien to another, then the Writ shall be in the Per and Cui; viz. to which the Tenant hath no Entry but by such a one, naming the Heir or Alienee of the Disseisor. to whom such a one (naming the Disseisor) did let it, who by force disseised him, &c.
And if Land be conveyed over to many, or if the first Disseisor be disseised, then the Writ of Entry shall be in the Post; viz. that the Tenant hath no Entry [Page 337] but after the Disseisin, which the first Disseisor made to the Demandant or his Ancestor. See Entre en le Per.
Entrie in the Per, Cui, and Post.
A Writ of Entrie in the Per lies where a man is disseised of his Free-hold, and the Disseisor aliens, or dies seised, and his Heir enters, then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor, or against the Alienee of the Disseisor; but living the Disseisor, he may have an Assise, if he will, and the Writ of Entry shall say, In quod A non habet Ingressum nisi per B, qui illud 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 [Page 338] 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 [...] 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 [...] of Entrie out of the Degrees; viz. Intrus [...] on, Succession, Disseisin upon Disseisin, Iudgment, and Escheat.
1. Intrusion is, when the Disseisor dies seised, and a stranger abates.
2. Diss [...] 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 [Page 341] 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 [Page 342] 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 [Page 343] 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 Madman 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 [...] me [...] 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 [...] 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 [Page 344] 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 [Page 345] 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 [Page 346] 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 [Page 347] 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, [Page 348] 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 [Page 349] 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. And the Escheator is an Officer of Record, and may ordain an under-Escheator, as the Sheriff may an under-Sheriff; yet the Escheator cannot return any Office by vertue of his Office, but he shall be punished. See F. N. B. 100. Office Escaetriae is the Escheatorship. Reg. orig. fol. 259.
Exchequer.
EXchequer (Scaccarium) comes of the French word Eschequier, id est, Abacus, which in one signification is taken for a Counting-Table, or for the art or skill of Counting. And from thence (as some think) the place or Court of the Receits and Accounts of the Revenues of the Crown is called the Exchequer. Others have otherwise derived the name. But the Exchequer is defined by Crompton in his Jurisd. of Courts, fol. 105. to be a Court of Record, wherein all Causes touching the Revenues of the Crown are handled.
Escrow.
AN Escrow is a Deed delivered to a third person to be the Deed of the party upon a future condition, And is called in Latine Schedula. Rast. Ent. 181.
Escuage.
EScuage, in Latine Scutagium, that is, Service of the Shield, and he that held by Escuage, held by Knight-service; and to that did belong Ward, Marriage, and Relief, &c.
But see the Stat. 12 Car. 2. [Page 351] c. 24. for taking away the Court of Wards and Liveries, and turning all Tenures into free and common Soccage.
Escuage was a certain Sum of mony levied by the Lord of his Tenant, after the quantity of his Tenure, when Escuage ran through all England, and was Ordained by all the Council of England, how much every Tenant should give his Lord; and that was properly to maintain the wars against Scotland or Wales, and not against other Lands, for that those Lands did of right belong to the Realm of England. See Lit. lib. 2. cap. 3.
Eslisors.
ARe persons nominated by a Court of Law, to whom a Venire facias is directed (by challenge to the Sheriff and Coroners) who return the Writ in their own names, with a panel of the Iurors names. 15 E. 4. 24. pl. 4.
Esnecy.
ESnecy is a Priviledge given the eldest Coparcener, to choose first after the Inheritance is divided. Flet. lib. 5. cap. 10.
Esplees.
ESplees is the Profit or Commodity that is to be taken of a thing: As of a Common, the taking of the Grass by the mouths of the Beasts that common there; of an Advowson, the taking of gross Tithes by the Parson; of Wood, the [...] elling of Wood; of an Orchard, the selling of Apples and other Fruit growing there; of a Mill, the taking of Toll, are the Esplees, and of such like. And note, that in a Writ of Right of Land, Advowson, or such like, the Demandant ought to alledge in his Count, that he or his Ancestors took the Esplees of the thing in demand, otherwise the Pleading is not good.
Essendi quietum de Tolonio.
ESendi quietum de Tolonio, is a Writ to be quit of Toll, and lies in case where the Citizens or Burgesses of any City or Borough have been acquitted of Toll by the Grant of the Kings Progenitors throughout the whole Realm, or by Prescription; then if any man of the said Cities or Boroughs come with his Merchandises to any Town, Fair, or Market, and there put them to sale, [Page 353] or buy any Merchandises, if the Officers of the said Town will demand any Toll of him against the Kings Charter, or against the Vsage and Custom, he may sue and have such a writ. Fitz. N. B. fol. 226. Regist. original, fol. 258.
Essoine.
Essoine: Where an Action is brought, and the Plaintiff or Defendant may not well appear at the day in Court, for one of the five causes under specified, he shall be Essomed to save his default.
There are five manner of Essoins: viz. Essoine De ouster le mere, by which the Defendant shall have a day by forty days.
The second is, De terra sancta, and upon this the Defendant shall have a day by a year and a day; and these two shall be laid in the beginning of the Plea.
The third Essoin is, De male vener, and that shall be adjourned to a common day, as the Action requires; and this is called the Common Essoine: and when and how this Essoine shall be, see the Statutes, and the Abridgment of Statutes, where it is well declared.
The fourth is, De malo lecti, and that is only in a Writ of Right, and thereupon [Page 354] there shall a Writ go out of the Chancery directed to the Sheriff, that he shall send four Knights to see the tenant, and if he be sick, to give a day after a year and a day.
The fifth Essoine is, De service del Roy, and it lies in all Actions, except i [...] Assise De Novel Disseisin, Writ of Dower, Darreine presentment, and in Appeal of Murther: but in this Essoine it behoves at the day to shew his warrant, or else it shall turn to a Default, if it be in a Plea real; or else he shall lose xx s. for the journey, or more, by the discretion of the Iustice, if it be in a Plea personal, as it appears by the Statute of Gloucest. cap. 8.
Essoino de malo lecti.
ESsoino de malo lecti, is a writ directed to the Sheriff, to send four lawful Knights to view one that hath essoined himself De malo lecti. Reg. Orig. fol. 8. b.
Establishment de Dower.
EStablishment de Dower seems to be the Assurance of Dower made by the husband or his friends before or at the time of the Marriage: And Assignment of Dower is the Setting it out by the Heir afterward, [Page 355] according to the Establishment. Brit. cap. 102, 103.
Estandard.
EStandard or Standard signifies an Ensign in war; but is also used for the principal or Standing Measure of the King, to the proportion whereof all the Measures through the Land are and ought to be framed by the Clerk of the Market, Aulneger or other Officer, according to their Function.
For it was established by Magna Charta, ann. 9 H. 3. c. 25. that there should be but one scantling of Weights and Measures through all the Realm: which is since confirmed by An. 14 Ed. 3. cap. 12. and many other Statutes; as also that all should be [...] itted to the Standard sealed with the Kings Seal.
And there is good reason that it should be called a Standard, because it stands constant and immoveable, and hath all other Measures coming towards it for their conformity; as Souldiers in the Field have their Standard or Colours for their direction in their March or Skirmish. Of these Standards and Measures read Britton. cap. 30. See the Statute 17 Car. 1. cap. 19.
Estate.
EState, is that Title or Interest that a man hath in Lands and Tenements; as Estate simple, otherwise called Fee-simple, and Estate conditional or upon Condition; which is either upon Condition in Deed, or upon Condition in Law. See Littleton, lib. 3. cap. 5.
Estoppel.
EStoppel is, when one is concluded and forbidden in Law to speak against his own act or deed, yea, though it be to say the truth.
And of Estoppels there are divers. One for example is, when J. S. is bound in Obligation by the name of T. S. or any other name, and is sued afterward according to the name in the Obligation; now he shall not be received to say that he is misnamed, but shall be driven to answer according to the name put in the Obligation, that is, T. S; for peradventure the Obligee did not know his name but by the report of the Obligor himself: and inasmuch as he is the same man that was bound, he shall be estopped, and forbidden in Law to say contrary to his own deed; for otherwise he [Page 357] might take advantage of his own wrong, which the Law will not suffer a man to do.
If the daughter who is Heir to her father will sue Livery with her Sister who is a Bastard, she shall not afterward be received to say that her Sister is a Bastard, insomuch as if her Bastard-sister take half the Land, there is no remedy by the Law.
Also if a man seised of Lands in Fee-simple will take a Lease for years of the same Land of a stranger by Deed indented; this is an Estoppel during the term of years, and the Lessee is thereby barred to say the truth, which is, That he that Leased the Land had nothing in it at the time of the Lease made, and that the Fee-simple was in the Lessee: But this he shall not be received to say till after the years are determined, because it appears that he hath an Estate of years, and it was his folly to take a Lease of his own Lands, and therefore shal thus be punished for his folly.
Estovers.
Estovers are Nourishment or Maintenance: And Bract. l. 3. tract. 2. c. 18. num. 1. uses it for such Sustenance as a man, taken for Felony, is to have out of his Lands or Goods for himself and his Family during his Imprisonment. And the Statute [Page 358] of 6 E 1. c. 3. uses it for an allowance in Meat or Cloth. It is also used for certain Allowances of wood to be taken out of another Mans wood; Westm. 2. c. 15. Anno 13. 1. West. part. 2. tit. Fines, sect. 26. saith, That the name Estovers comprehends House-boot; Hedge-boot, and Plow-boot; as if one hath in his Grant these general words, Reasonable Estovers in the Woods, &c. he may thereby claim those three.
Estrangers.
EStrangers are sometimes taken for those that are not Parties or Privies to the levying of a Fine, or making of a Deed; sometimes those that are born beyond Sea.
Estray.
EStray is, where any Beast or Cattel is in any Lordship, and none knows its Owner; then it shall be seised to the use of the King, or of the Lord that hath such Estray by the Kings Grant, or by Prescription: and if the Owner make claim thereto within a year and a day, he shall have it again; otherwise after the year, the property thereof shall be to the Lord, provided he make Proclamation of it according to Law.
Estreat.
EStreat is a Figure or Resemblance, and is commonly used for the Copy or true Note of an Original writing; as Estreats of Amerciaments imposed in the Rolls of a Court, to be levied by the Balliff, or some other Officer, of every man that hath offended. See F. N. B. 75 & 76. And so it is used in Westm. 2. c. 2.
Estrepment.
EStrepment is a Writ that lies where one is impleaded by a Praecipe quod reddat for certain Land; if the Demandant suppose that the Tenant will do Waste depending the Plea, he shall have against him this Writ, which is a Prohibition, commanding him to do no waste, depending the Plea.
And this Writ lies properly where a man demands Lands by Formedon, or writ of Right, or such writs where he shall not recover Dammages; for in such writs where he shall recover Dammages, he shall have his Dammages, with regard to the waste done.
Etate probanda.
ETate probanda is a Writ of Office, and it lies for the [Page 360] Heir of the Tenant that held of the King in chief, to prove he is of full age, directed to the Sheriff to enquire of his age; and then he shall become Tenant to the King by the same Services that his Ancestors made to the King. But it is said, that every one that shall pass in this Enquest, shall be of the age of xlii. years at least. But see the Stat. 12 Car. c. 2. for abolishing the Court of Wards and Liveries, &c.
Evesdroppers.
EVesdroppers are such as stand under Walls or Windows by night or day to hear news, and to carry them to others, to make strife and debate amongst their Neighbors: those are evil Members in the Common-wealth, and therefore by the Stat. of Westm. 1. c. 33. are to be punished.
And this Misdemeanor is presentable and punishable in the Court-Leet, Kitch. f. 11.
Evidence.
EVidence is generally used for any Proof, be it by the Testimony of men, or by Writing. Sir Tho. Smith, l. 2. c. 17. uses it in both senses, in these words; Evidence is authentical Writings of Contracts, according to the manner of England, that is, written, sealed, and delivered.
[Page 361] And l. 2. c. 23. speaking of the Prisoner that stands at the Bar to plead for his life, and of those that charge him with Felony, thus; Then he tells what he can say; after him also all those who were at the Apprehension of the Prisoner, or who can give any Signs or Tokens, which we call in our Language, Evidence against the Malefactor.
Exaction.
EXaction is a wrong done by an Officer, or by one pretending to have authority, in demanding or taking any reward or Fee for that matter, cause or thing, which the Law allows not.
The difference between Exaction and Extortion, is this: Extortion is, where an Officer demands and extorts a greater Sum or Reward then his just Fee: And Exaction is, where an Officer or other man demands and wrests a Fee or Reward, where no Fee or Reward is due at all. See Extortion.
Exception.
EXception is a Bar or Stay to an Action; and is divided into Exception dilatory, and peremptory. Of these two see Bracton, l. 5. tract. 5. and Britton, c. 91, 92.
Exchange.
EXchange is, where a man is seised of certain Land, and another is seised of other Land, if they by a Deed indented, or without Deed, if the Lands be in one County, exchange their Lands, so that each of them shall have other Lands to him so exchanged in fee, fee-tail, or for term of Life, that is called an Exchange, and is good without Livery and Seisin.
In Exchange the Estates to them limited must be egal; for if one should have an Estate in fee in his Land, and the other an Estate in the other Land but for term of Life, or in tail, such Exchange is void; but if the Estates be egal, though the Lands be not of egal value, yet the exchange is good. Also an exchange of Rent for Land is good. And an exchange between Rent and Common is good, and that ought to be by Deed. Also it behoves alway that this word Exchange be in the Deed, or else nothing passes by it, except he have Livery and Seisin.
Exchequer.
EXchequer, See Exchequer.
Excommengement.
EXcommengement is to say in Latine, Excommunicatio, and it is where a man by judgment in Court Christian is Excommenged, by which he is disabled to sue any Action in the Kings Court; and if he remain Excommunicate xl. days, and will not be justified by his Ordinary, then the Bishop shall send his Letter Patent to the Chancellour to certifie this excommunication or contempt; and thereupon the Sheriff shall be commanded to take the Body of him that is Accursed, by a Writ called, De Excommunicato capiendo, till he hath made satisfaction to holy Church for the Contempt and Wrong: and when he is justified, the Bishop shall send his Letters to the King, certifying the same; and then the Sheriff shall be commanded to deliver him by a Writ called Excommunicato deliberando. See the Statute 5 Eliz. cap. 23.
Excommunication.
EXcommunication. See Excommengement.
Execution.
EXecution is, where Iudgment is given to any Action, [Page 364] that the Plaintiff shall recover the Land, Debt, or Dammages, as the case is; and when any Writ is awarded to put him in possession, or to do any other thing whereby the Plaintiff should the better be satisfied his Debt or Dammages, that is called a Writ of Extention; and when he hath the possession of the Land, or is paid the Debt or Damages, or hath the Body of the Defendant awarded to prison, then he hath Execution. And if the Plea be in the County, or Court-Baron, or Hundred, and they defer the execution of the Iudgment in favor of the party, or for other cause; the Demandant shall have a Writ De Executione Judicii.
Note, that in a Writ of Debt a man shall not have Recovery of any Lands, but of those which the Defendant hath the day of the Iudgment yielded. And of Chattels, a man shall have execution only of the Chattels which he hath the day of the execution sued.
Executione facienda.
EXecutione facienda, is a Writ commanding Execution of a Iudgment; the divers uses whereof see in the Table of the Reg. Judic.
Executor.
EXecutor is, when a Man makes his Testament and last Will, and therein names the person that shall execute his Testament, that is his Executor, and is as much in the Civil Law as Haeres designatus, or Testamentarius, as to Debts, Goods and Chattels of his Testator: and such an Executor shall have an Action against every Debtor of his Testator; and if the Executor hath Assets, every one to whom the Testator was in Debt, shall have an Action against him, if he have an Obligation or Specialty; but in every case where the Testator might wage his Law, no Action lies against the Executor. See hereof before in the Title Administrators.
And if any other person not made Executor, take or sell the Goods of the deceased, he may be sued as Executor of his own wrong, in the same form as other Executor. See the Statute of 30 Car. 2. cap. 7.
Exemplification.
EXemplification is, when a man will have any Original Record written out and exemplified forth of the Court where it remains, to which purpose he may have a Writ, as appiert [Page 366] by the Reg. orig. f. 290.
And if a man will plead a Record in other Court then where it remains, it behoves him to have it exemplified under the Great Seal of England; for if it be exemplified under the Seal of the Common Pleas, Exchequer, or such like, it will not serve, unless in Evidence to a Iury. See Coke l. 5. f. 53.
See the Statute of 13 Eliz. cap. 6. and 23 El. 3. The force and use of Exemplifications of Patents, &c.
Exemption.
EXemption is a priviledge to be Free from Service or Apparance: and therefore a Baron & Baronness, by reason of their Dignity, are exempted to be sworn upon any Inquest. Coke l. 6. f. 53.
Also Knights, Clerks, and Women are exempted to appear at Leets, or the Sheriffs Tourn: And that is by the Statute of Marlebridge, c. 10.
And a man may be exempted from being put upon Enquests and Iuries by the Kings Letters Patents; as the President and Colledge or Commonalty of Physicians in London, were by the Letters Patents of King H. 8. Coke l. 8. f. 108.
Ex gravi querela.
EX gravi querela. See before in the Title Devise.
Exigent.
EXigent is a Writ that lies where a man sues an Action personal, and the Defendant cannot be found, nor hath any thing within the County whereby he may be attached or distrained: then this Writ shall go forth to the Sheriff, to make Proclamation at five Counties, every one after another, that he appear, or else that he shall be out-lawed: and if he be outlawed, then all his Goods and Chattels are forfeit to the King. In an Indictment of Felony the Exigent shall go forth after the first Capias. And in a Capias ad computandum, or ad satisfaciendum, and in every Capias that goes forth after Iudgment, the Exigent shall go forth after the first Capias. And also in Appeal of Death; but not in an Appeal of Robbery or Mayhem.
With this Exigent issueth also a writ by the Statute of 13 El. cap. 3. to make three Proclamations against the Defendant, which is not in Exigents after Iudgment.
Exigenter.
EXigenter, is an Officer of the Common Pleas, of which there are four. They make out all Exigents and Proclamations in all Actions, in which process [Page 368] of Outlawry lies. And they make writs of Supersedeas, as well as the Preignotaries upon such Exigents as were made in their Office. Of this Officer there is mention made in the Statutes of 10 H. 6. c. 4. & 18 H. 6. c. 9.
Ex mero motu.
EX mero motu are words frequently used in the Kings Charters, whereby he signifies, that he doth that which is contained in the Charter of his own will and motion, without Petition or Suggestion made by any other: and the effect of these words is, to bar all exceptions that might be taken to the Instrument wherein they are contained, by alledging, that the King in passing that Charter was abused by any false Suggestion. Kitch. f. 151.
And when the Kings Charter hath therein these words, it shall be taken most strongly against the King; therefore if the King, ex mero motu, pardon to B. all his debts, all the debts that B. ows as Sheriff are by this pardoned; and in like manner it is in many other cases, where these words shall be taken as strongly against the Kings, as if a common person had made the Grant. See Coke, l. 1. f. 45.
Expeditate.
EXpeditate is a word often used in the Forrest, signifying to cut out the Balls of great Dogs feet, for preservation of the Kings Game. And one of the Articles to be enquired touching the Forrest, is, If all great Dogs or Mastives in the Forest are Expeditated, according to the Laws of the Forrest; and if any be not, the Owner of every such Dog shall forfeit to the King three shillings and four pence, Cromp. Jurisd. fol. 152. Manwood uses the same word, and ( part. 1. of his Forrest Law, fol. 212.) sets down the manner of expeditating Dogs heretofore, which was, that the three Claws of the Fore-foot on the right side shall be cut off by the skin; whereunto he also adds out of the Ordinance called the Assise of the Forrest, that the same manner of expeditating Dogs shall be still used and kept, and none other. Quaere whence it arises that Crompton and he differ; the one saying the Ball of the foot is cut out; the other, that the three Fore-claws are cut off by the skin.
Expensis Militum levandis.
EXpensis Militum levandis, is a Writ directed to the Sheriff for levying the Allowance for the Knights of the Parliament, Regist. orig. fol. 191. b. And Expensis Militum non levandis de hominibus de Antiquo Dominico, nec a Nativis, is a Writ to prohibit the Sheriff to levy any Allowance for the Knights of the County upon such as hold in Ancient Demesne, &c. Ibidem fol. 261. b.
Extend.
EXtend is, to value the Lands or Tenements of one bound by Statute, &c. that hath forfeited it, and to deliver them to the Conusee at such indifferent rates, as that by the yearly Profits the Conusee in time may be satisfied his Debt. See Fitz. Nat. B. fol. 131. and Coke, lib. 4. fol. 67. Fulwoods Case.
Extent.
EXtent has two significations: The one is a Writ or Commission to the Sheriff for the valuing of Lands or Tenements; the other, the act of the Sheriff or other Commissioner [Page 371] upon that Writ. Broke, tit. Extent. fol. 313.
Extinguishment.
EXtinguishment is, where a Lord, or any other, hath any Rent or Service going out of any Land, and he purchases the same Land, so that he hath such Estate in the Land as he hath in the Rent; then the Rent is extinct, for that one may not have Rent going out of his own Land. Also when any Rent shall be extinct, the Land and the Rent must be in one hand, the Estate indefesible, and he have as good Estate in the Land as in the Rent; for if he have Estate in the Land but for Life or Years, and hath Fee-simple in the Rent, then the Rent is not extinct, but in suspence for that time, and after the term the Rent is revided.
If there be Lord, Mesne, and Tenant, and the Lord purchase the Tenancy, the Mesnalty is extinct; but the Mesne shall have the surplusage of the Rent, if there be any, as Rentseck. Also if a man have a High-way appendant, and after purchase the Land wherein the High-way is, then the Way is extinct: and so it is of a Common appendant.
Extortion.
EXtortion is wrong done by any Officer, Ordinary, Archdeacon, Official, Major, Bailiff, Sheriff, Escheator, Coroner, Under-Sheriff, Goaler, or other Officer, by colour of his Office, by taking excessive Reward or Fee for execution of his Office, or otherwise; and is no other thing indeed then plain Robbery, or rather more odious then Robbery: for Robbery is apparent, and always hath with it the countenance of Vice: but Extortion, being as great a Vice as Robbery is, carries with it a countenance of Vertue, by means whereof it is the more hard to be tried or discerned, and therefore the more odious. And yet some there are that will not stick to stretch their Office, Credit, and Conscience, to purchase Mony, as well by Extortion as otherwise, according to the saying of the Poet Virgil, What is it that the greedy thirst of Gol [...] doth not constrain mortals to attempt?
F. Faculty.
FAculty is a word often used in the Statute of 25 Hen. 8. cap. 21. and it signifies a Priviledge or special Dispensation granted unto a man by favour and indulgence, to do that which by the Law he cannot do; as to eat Flesh upon days forbidden, or to hold two or more Ecclesiastical Livings, and the like. And for the granting of these Faculties, there is a special Officer under the Arch-bishop of Canterbury, called, The Master of the Faculties.
Failing of Record.
FAiling of Record is, when an Action is brought against one, who pleads any matter of Record, and avers to prove it by Record; and the Plaintiff saith there is no such Record; whereupon the Defendant hath day given him to bring in the Record; at which day he fails, or brings in such a one as is no Bar to this Action: then he is said to fail of his Record; and thereupon the Plaintiff shall have Iudgment to recover, &c.
Faint Action. Faint Pleading.
FAint Action (as Littleton, fol. 154. saith) is as much as to say in English, a Fained Action, that is, such Action, as though the words of the Writ be true, yet for certain causes he hath no title by the Law to recover by the same Action: And a false Action is, where the words of the Writ are false. So Faint Pleading is a covinous, false, and collusory manner of Pleading, to the deceit of a third party. And against such Faint Pleading, amongst other things, the old Statute in 3 E. 1. cap. 29. seems to be made.
Deed.
DEed is a Writing sealed and delivered, to prove and testifie the agreement of the party whose Deed it is to the thing contained in the Deed: as a Deed of Feoffment is a Proof of the Livery of Seisin, for the Land passes by the Livery of Seisin; but when the Deed and the Delivery are joyned together, that is a proof of the Livery, and that the Feoffor is contented that the Feoffee shall have the Land.
All Deeds are either Indented, whereof there are two, three, [Page 375] or more parts, as the ease requires; of which the Feoffor, Grantor, or Lessor hath one; the Feoffee, Grantee, or Lessee another; and peradventure some other body a third, &c. Or else they are Poll Deeđs, single, and but one, which the Feoffee, Grantee or Lessee hath. &c. And every Deed consists of three principal Points, (without which it is no perfect Deed to bind the parties) namely, Writing, Sealing, and Delivery.
1. By Writing is shewed the parties Names to the Deed, their Dwelling-places, their Degrees, the Thing granted, upon what Considerations, the Estate limited, the Time when it was granted, and whether simply, or upon Condition, with other such like Circumstances. But whether the parties to the Deed write in the end their Names, or set to their Marks, (as it is commonly used) it matters not at all, (as I think) for that is not meant, where it is said, that every Deed ought to have Writing.
2. Sealing is a farther Testimony of their Consents to what is contained in the Deed; as it appears in these words, In Witness whereof, &c. or to such effect, always put in the latter end of Deeds, without which words the Deed is insufficient.
And because we are about Sealing and Signing of [Page 376] Deeds, it shall not be much amiss here to shew you, for Antiquities sake, the manner of Signing and Subscribing Deeds in our Ancestors the Saxons time, a fashion Differing from that we use now, in this, That they to their Deeds subscribed their Names, (commonly adding the Sign of the Cross) and in the end did set down a great number of Witnesses, not using at that time any kind of Seal: And we at this day, for more surety, both subscribe our Names, (though that be not very necessary) and put to our Seals, and use the help of Witnesses besides.
That former fashion continued absolute until the time of the Conquest by the Normans, whose manners by little and little at the length prevailed amongst us; for the first Sealed Charter in England, is thought to be that of King Edward the Confessour, to the Abbey of Westminster, who being educated in Normandy, brought into this Realm that and some other of their Fashions with him. And after the coming of William the Conquerour, the Normans liking their own Country Custom, (as naturally all Nations do) rejected the manner that they found here, and retained their own, as Ingulphus the Abbot of Croiland, who came in with the Conquest, Witnesses, saying; [Page 377] The Normans do change the making of Writings (which were wont to be firmed in England with Crosses of Gold, and other holy Signs) into an impression of Wax, and reject also the manner of the English Writing. Howbeit, this was not done all at once, but it increased and came forward by certain degrees: so that first and for a season the King only, or a few other of the Nobility, used to Seal; then the Noble-men, for the most part, and none other. Which thing a man may see in the History of Battel Abbey, where Richard Lucie Chief Iustice of England, in the time of King Henry the Second, is reported to have blamed a mean Subject, for that he used a private Seal, whereas that pertained, (as he said) to the King and Nobility only.
At which time also (as J. Rosse notes it) they used to ingrave in their Seals their own Pictures and Counterfeits, covered with a long Coat over their Armors. But after this, the Gentlemen of the better sort took up the Fashion, and because they were not all Warriors, they made Seals ingraven with their several Coats or Shields of Arms, for difference sake, as the same Author reports. At length, about the time of King Edward the third, Seals became very common; so that not only such as bare Arms used to Seal, [Page 378] but other men also fashioned to themselves Signers of their own devices, some taking the Letters of their own Names, some Flowers, some Knots and Flourishes, some Birds and Beasts, and some other things, as we now yet daily see used.
Some other manners of Sealing besides these have been heard of among us; as namely, that of King Edward the third, by which he gave to Norman the Hunter,
The like to this was shewed me by one of my Friends in a loose Paper, but not very anciently written, and therefore he willed me to esteem of it as I thought good: It was as follows.
I William King, give to thee Powlen Royden my Hop and my Hop-Lands, with all the bounds up and down, from Heaven to Earth, from Earth to Hell, for thee and thine to dwell, from me and mine, to thee and thine, for a Bow and a broad Arrow, when I come to hunt upon Yartow. In witness that this is sooth, I bit this Wax with my tooth, in the presence [Page 379] of Magge, Maud, and Margery, and my third son Henry,
Also that of Alberick de Vere, containing the Donation of Hatfield, to which he affixed a short black-hafted knife, like an old half-peny whittle, instead of a Seal: with Divers such like.
But some peradventure will think, that these were received in common use and custom and that they were not the devices and pleasures of a few singular persons: such are no less deceived then they that deem every Charter and Writing, that hath no Seal annexed, to be as ancient as the Conquest; whereas indeed Sealing was not commonly used till the time of King Edw. 3. as hath been already said.
3. Delivery, though it be set last, is not the least; for after a Deed is written and sealed, if it be not delivered, all the rest is to no purpose.
And this Delivery ought to be done by the party himself, or his sufficient Warrant; and so it will binde him whosoever wrote or sealed the same: and by this last act the Deed is made perfect, according to the intent and effect of it; and therefore in Deeds the Delivery is to be proved, &c.
Thus you see, Writing and Sealing, without Delivery, is nothing to purpose: Sealing and Delivery, where there [Page 380] is no Writing: work nothing: And Writing and Delivery, without Sealing, make no Deed, Therefore they all ought joyntly to concur to make a perfect Deed.
Faitour.
FAitour is a word used in the old repealed Statute of 7 R. 2. cap. 5. and it is there taken in the worser sense, for an Evil doer, or an Idle companion, and it seems there to be a Synomymon to Vagabond.
Fardingdeale.
FArdingdeal, otherwise Farundel, of Land, signifies the Fourth part of an Acre, Cromptons Jurisd. fol. 220. b. Quadrantata terrae is read in the Reg. orig fol. 1 b where you may have Denariata and Obolata, Solidata and Librata terrae, which by probability must rise in proportion of quantity from Fardingdeal, as a Half-peny, Peny, Shilling, or Pound, rise in value or estimation; then must Obolata be Half an Acre, Denariata the Acre, Solidata Twelve Acres, and Librata Twelve score Acres. Yet in the Reg. orig. fol. 94, and 248. you may find viginti Libratas terrae vel reditus; whereby it seems that Librata terrae is as much as yields twenty shillings by the [Page 381] year; and centum Solidatas terrarum, tenementorum, & redituum, fol. 249. And in F. N. B. f. 87. there are these words, Viginti Libratas terrae vel reditus, which proves this to be so much Land as is rated at twenty shillings by the year. See Furlong.
Farm, or Ferm.
FArm, or Ferm, is usually the chief Messuage in a Village or Town, whereto belongs great Demeans of all sorts, and hath been used to be let for term of Life, Years, or at Will.
The Rent that is reserved upon such a Lease, or the like, is called Farm, or Ferm.
And Farmor or Fermor, is he that Tenants the Farm or Ferm, or is Lessee thereof.
Also generally every Lessee for life, years, or at will, is called Farmor, or Fermor.
And note, That they are calltd Farms, or Ferms, of the Saxon word Feormian, which signifies to Feed; or yield Victual: For in ancient time their Reservations were as well in Victuals as Money; until at the last, and that chiefly in the time of King Henry the First, by agreement, the reservation of Victuals was turned into ready Money, and so hitherto hath continued amongst most men.
Fate, or Fatt.
FAte, or Fatt, is a Measure mentioned in the Statutes of 1 H. 5. cap. 10. and 11 H. 6. cap. 8. to contain eight Bushels: but the Citzens and Merchants of London (as it appears by those Statutes) and the Kings Purveyors would have that measure and a Bushel over for one Quarter; and so they had nine Bushels for one Quarter of Corn.
Faux Imprisonment.
FAux Imprisonment is a Writ that lies where a man is arrested and restrained from his Liberty by another against the order of the Law; then he shall have against him this Writ, whereby he shall recover Dammages. See more thereof before, tit, Arrest.
Faux Judgment.
FAux Judgment. See thereof before, tit. Error.
Fealty.
FEalty is a Service, called in Latine Fidelitas, and shall be done in this manner; viz. The [Page 383] Tenant shall hold his right hand upon a Book, and shall say to his Lord; I shall be to you faithful and true, and shall bear to you Faith for the Lands and Tenements which I claim to hold of you, and truly shall do you the Customs and Services that I ought to do to you at the terms assigned; So help me God: and shall kiss the Book: but he shall not kneel, as in doing Homage. And thereof see after in the Title Homage. Also Fealty is incident to all manner of Tenures.
Fee.
FEE (Feodum) is in our Law an equivocal word of divers significations: for it is most usually taken for an Estate of Inheritance in Lands and Tenements to one and his Heirs, or to one and the Heirs of his Body. But it is used also for the Compass, Circuit or Extent of a Lordship or Mannor. And from thence comes the ordinary Plea in Bar to an Avowry, That the Land upon which he avows is out of his Fee. And thirdly, it is taken for a Reward or Wages given to one for the execu [...] [...] of his Office; as the Fee of a Forrester, or the Keeper of a Park, or a Sheriffs Fee sor [...] erving an Execution, lim [...] s by the Statute of 29 Eliz. cap 4. And it is also taken [Page 384] for that Consideration which is given a Sergeant at Law, or a Councellor, or a Physitian, for their Counsel or Advice in their profession, which (as it is well observed by Sir Jo. Davies, in his Preface to his Reports) is not properly Merces, but Honorarium, Yet in our Law-language it is called his Fee.
Fee expectant.
FEE expectant: Where Lands are given to a man and his wife in Frank-marriage, to have and to hold to them and their heirs, in this case they have Fee-simple; but if they are given to them and the heirs of their body, &c. They have Tail and Fee-expectant, Kitch. fol. 153.
Fee Farm.
FEE Farm is, when a Tenant holds of his Lord in Fee-simple, paying to him the value of half, or of the third, fourth, or other part of the Land by the year. And he that holds by Fee-Farm, ought not to pay Relief, or do any other thing that is not contained in the Feoffment, but Fealty, for that belongs to all kind of Tanures.
Fee-simple.
FEe-simple is, when any person holds Lands or Rent, or other thing, inheritable to him and his Heirs for evermore; and these words, His Heirs, make the Estate of Inheritance; for if the Land be given to a man for ever, yet he hath but an Estate for life.
Also if Tenant in Fee-simple die, his first son shall be his Heir; but if he have no Son, then all his Daughters shall be his Heirs, and every one shall have her part by partition: but if he have no Son nor Daughter, then his next Coufin collateral of the whole Blood shall be his Heir.
Fel de se.
FElo de se, is he that commits Felony by murthering himself. See Crompt. Justice of Peace, fol. 28.
Felony.
FElony is a general term, which comprehends divers hainous Offences, for which the Offenders ought to suffer death, and lose their Lands. And it seems that they are called Felonies, of the Latine word Fel, which is in English, Gall, [Page 386] in French, Fiel; or of the ancient English word, Fell, or Fierce, because they are intended to be done with a fell, fierce, or mischievous mind. When a man without any colour of Law steals the Goods of another, amounting to the value of Twelve pence or more, that is Larceny: but if he approaches the Person of another in the High-way, and robs him of his Goods, although it be but to the value of one peny, it is Felony; and that is called Robbery, and therefore he shall be hanged.
Fence-moneth.
FEnce-moneth is a Forrest word, and signifies the time of 31 days in the year, that is to say, 15 days before Midsummer, and 15 days after, in which time it is forbidden for any man to hunt in the Forrest, or to go into it to disturb the wild Beasts. The reason of which is, because the Female Deer do then Fawn. And therefore this Moneth is called the Fence-moneth, or Defence-moneth, for that the Deer are then to be defended from scare or fear. See Manwood. Forrest Laws, cap. 13. fol. 90. b.
Feodarie.
FEodarie was an Officer in the Court of Wards, appointed [Page 387] by the Master of that Court, by virtue of the Statute 32 H. 8. c. 46. to be present with the Escheator in every County at the finding of Offices, and to give in evidence for the King as well for the Value as the Tenure. And his Office was also to survey the Lands of the Ward after the Office found, & to return the true value thereof into the Court; to assign Dower unto the Kings Widows; to receive all the Rents of the Wards Lands within his Circuit, and to answer them to the Receiver of the Court. But see the Stat. 12 C [...] r. 2. c. 24. for Abolishing the said Court.
Feoffment.
FEoffment is, where a man gives Lands, Houses, or other Corporal things which are Heritable to another in Feesimple, and thereof delivers Seisin and Possession. Also if one make a gift in tail, or a lease for life, Livery and Seisin must be given, or else nothing shall pass by the Grant.
Feoffor and Feoffee.
FEoffor is he that infeoffs or makes a Feoffment to another of Lands or Tenements in Fee-simple: And Feoffee is he who is infeoffed, or to whom the Feoffment is so made.
Ferdwit.
FErdwit is, to be quit of Murther committed in the Army, Flet. l. 1. c. 47.
Ferry.
IS a liberty by prescription, or the Kings Grant, to have a Boat for passage upon a great Stream for Cariage of horses and men for reasonable toll.
Feude.
FEude, or Deadly Feude, is a German word, and signifies implacable Hatred, not to be satisfied but with the death of the enemy: such is that amongst the people in Scotland and in the Northern parts of England, which is a Combination of all the Kindred to revenge the death of any of the Blood upon the Slayer and all his race. And this word is mentioned in the Stat. of 43 Eliz. c. 13.
Fieri facias.
FIeri facias is a Writ judicial, and lies where a [...] an recovers Debt or Da [...] nages in the Kings Court; [...] a he shall have this Writ to the Sheriff, commanding him that he levy the Debt and Dammages of the goods of him against whom the Recovery is had: and it lies only within a year and a day, and after the year he must sue a Scire facias; and if the party be warned, and doth not come at the day, &c. or if he come, and can say nothing, then he who recovers shall have a Writ of Fieri facias directed to the Sheriff, that he make Execution of Iudgment.
But if a man recover against a woman, and she takes a husband within the year and the day; then he that recovers must have a Scire facias against the husband.
So it is if an Abbot or Prior recover and die, his Successor, within the year shall have a Scire facias. See thereof more in the Title Scire facias, and Title Execution.
There is also another manner of Fieri facias against a Rector, where upon a general Fieri facias the Sheriff returns, quod nulla habet bona seu catalla, and thereupon a Writ is directed to the Bishop of the Diocess where he is Rector, [Page 390] and thereupon the Bishop levies the Debt of the Profits of the Gleab & Tithes of the Rectory.
Fifteenth.
FIfteent [...] See Quinzisme.
F [...] lazer.
FIlazer (of the French word Filace, id est, a Thread) is the name of an Officer in the Common Pleas, of which there are 14. They make dut all the Original Process there, and the Distress infinite upon Summons returned in personal Actions, and the Capias upon the return of Nihil, and all Writs of View, in cases where the View is prayed. And where the Appearance is with them, they enter the Impariance, and the general Issue in common Actions, and Iudgments by Confession before Issue joyned, and make out Writs of Execution upon them. And they make Writs of Supersedeas after a Capias awarded, when the Defendant appears in their Office. And this Officer is mentioned in the Statutes of 10 H 6. c. 4. & 18 H. 6. c. 9.
File.
FIle (Filacium) is a Thread or Wire upon which Writs and other Exhibits in Courts are put, [Page 391] for the safer keeping of them together.
Finders.
FInders is a word used in many Statutes, as in 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4 c. 13. and 31 H. 6. c. 5. and seems to be all one with those Officers which we now call Searchers, imployed for the discovery of Goods which are imported or exported without paying Custom.
Fine.
FIne sometimes is taken for a Sum of money which one is to pay to the King for any Contempt or Offence; which Fine every one that commits any Trespass, or is convict that he falsly denies his own Deed, or did any thing in contempt of Law, shall pay to the King: which is called Fine to the King.
Sometime a Fine is taken for a Final Agreement which is had between any persons concerning any Land or Rent, or other thing, whereof any Suit or Writ is between them hanging in any Court; which may be divers ways: One is, when any party acknowledges that to be the right of the other, as that he hath of the Gift of him that made the Recognizance, which always supposes a Feoffment going before, and is called a Fine [Page 392] executed: Or if he acknowledged that to be the right of another, omitting these words ( cōe ceo que il eit de son Done) this being a Fine upon acknowledging of [...] ight only, if it be levied to him which hath the Freehold of the Land, is a Fine upon a Release.
If he that acknowledged it is seised, and he to whom it is levied hath not the Free-hold of the Land, then it is called a Fine executory, which he to whom the Land is acknowledged may execute by Entry, or Scire facias.
Sometime such a Fine Sur conusance de droit only is to make a Surrender: wherein is rehearsed, that the Reconusor hath an Estate for life, and the other a Reversion.
Sometime it is taken to pass a Reversion, where a particular Estate is recited to be in another, and that the Reconusor will that the other shall have the Reversion, or that the Land shall remain to another after the particular Estate spent.
And sometime he to whom the right is acknowledged, as that which he hath of the Gift of the Reconusor, shall yield the Land, or a Rent out thereof to the Conusor. And that sometime for the whole Fee; sometime for one particular Estate with Remainder or Remainders over; and sometime with Reversion of Rents with Distress and Grant thereof over by the said Fine.
It is called a Fine, because [Page 393] thereby the Suit is ended; and if it be recorded with Proclamation, according to the Statute 4 H. 7. it bars Strangers.
Fine force.
FIne force, signifies an absolute Necessity; as when a man is compelled to do that which he can no way avoid, we say he doth it de Fine force. So this word is used in Perk. sect. 321. in Mantel and Woodlands Case, in Plowden, f. 94. b. and in Eatons Case cited in Foxly's Case in the 6 Rep. f. 111. a.
Finors.
FInors are those that purifie Gold and Silver, and part them by fire and water from courser Metals; and therefore in the Statute of 4 H. 7. c. 2. they are also called Parters.
Fire-bote.
FIre-bote is necessary Wood to burn, which, by the Common Law, Lessee for years or for life may take in his Ground, although it be not expressed in his Lease; and although it be a Lease by Word only, without Writing: But if he take more then is needful, he shall be punished in Waste.
First-fruits.
FIrst-fruits (Primitiae) are the Profits of every Spiritual Living for a year, which were anciently given to the Pope; but by the Statute of 26 H. 8. [...]. 3. are now transferred to the King.
Fledwite.
FLedwite is, to be quit from Amerciaments, when an outlawed Fugitive comes to the Kings Peace of his own will, or being licensed.
Flemeswite.
FLemeswite is, that you may have the Cattel or Amerciaments of your Fugitive man.
Fletwit.
FLetwit, or Flitwit, is, to be quit from Contention and Convicts, and that you may have a Plea thereof in your Court, and the Amerciaments; for Flit in English is Treason in French.
Floatsam.
FLoatsam, or Flotson, is, when a Ship is sunk, or otherwise perished, and the Goods float upon the Sea, and they are given to the Lord Admiral by his [Page 395] Letters Patents. See Cok. lib. 5. fol. 106.
Fold, Fould-course.
FOld, Fould-course, 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 Conventū. 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 [Page 396] 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 [Page 397] 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 [...] as the Mesne held before, and shall be [Page 398] 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 [Page 399] 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 [Page 400] 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 [Page 402] 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 [Page 403] 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, [Page 404] 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 [Page 406] 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 befort his Entry he hath a Free-hold in Law.
French-man.
FRench-man was wont to be used for every Outlandishman, 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 Tenements within the said City or Borough. For the redressing of which wrong, he that hath right may by the Vsage of the said City or Borough have his remedy without Writ, by an Assise or Bill of Fresh Force brought within 40 days after the Force committed, or Title to him accrued. In which Action he may make his protestation to sue in the nature of what Writ he will. And see for this matter Fitzh. Nat. Bre. f. 7. C. and Old N. B. f. 4. a.
Fresh Suit.
FResh Suit is, when a man is robbed, and the party so robbed follows the Felon immediately, and takes him with the manner, or therwise, and then brings an Appeal against him, and doth convict him of the Felony by Verdict; which thing being enquired of for the King, and found, the party robbed shall have restitution of his goods again.
Also it may be said, that the party made Fresh Suit, although he take not the Thief presently, but that it be half a year or a year after the Robbery done before he be taken; if so be the party robbed do what lies in him, by diligent enquiry and search, to take him; yea, although he be taken by some other body, yet this shall be said Fresh Suit.
Fresh Suit is also, when the Lord comes to distrain for Rent or Service, and the Owner of the Beasts makes rescous, and drives them into anothers Ground not holden of the Lord, and the Lord follows presently and takes them. And so in other like cases.
Friperer.
FRiperer is a word used in the Statute of 1 Jac. c. 21. for a [Page 410] kind of Broker. And it seems to be a word taken from the French word Fripier, to trick up old things; and therefore a Friperer is one that uses to dress old Clothes to sell again.
Frumgyld.
FRumgyld is an old Saxon word, which signifies the first payment made to the Kindred of a slain person, in recompence of his Murder, L. L. Edmundi, c. ult.
Fugitives goods.
FUgitives Goods are the proper goods of him that flies upon felony, which, after the flight lawfully found, do belong to the King. Coke, vol. 6. f. 109. b.
G.
Gable.
GAble, Gablum, in ancient Records is an old word that signifies a Rent, Duty, Custom, or Service yielded or done to the King, or any other Lord See the Comment upon Littl. fol. 142. a.
Gager de deliverance.
GAger de deliverance is, where one sues a Repleven of goods taken, but he hath not the goods delivered, and the other avows, and the Plaintiff shews that the Defendant is yet possessed of the goods, &c. and prays, that the Defendant may gage the Deliverance; then he shall put in Surety or Pledges for the Redeliverance, and a Writ shall go forth to the Sheriff to redeliver the goods, &c, But if a man claim property, he shall not gage Deliverance.
And if he say that the Beasts are dead in the Pound, he shall not gage, &c.
Also a man shall never gage the Deliverance before they are at Issue, or Demurter in the Law, as it is said.
Gainage.
GAinage (Wainagium) seems to come from the French word Gaignage, id est, Gain or Profit; but in our Law it signifies the Profit most properly that comes by the Tillage of Land. And therefore in the Statute of Mag. Chart. c. 14. it is Enacted, that a Villain shall be amerced, saving his Gainage; and in West. 1. c. 6. saving his Gainure; and in c. 17. it is Enacted, That he that deforces any of the deliverances of [Page 412] his Beasts by Replevin, shall render unto the Plaintiff his double Dammages which he hath sustained in his Beasts, or in his Gainage disturbed, &c. And by the Statute of Distress of the Exchequer made in 51 H. 3. it is Enacted, That no man of Religion, or other, shall be distrained by the Beasts that gain his Land.
Galli-halpens.
GAlli-halpens were a certain Coin prohibited by the Stat. An. 3. H. 5. c. 1.
Gaole.
GAole, or Gayle, comes of the French word Geole, which signifies a Cage for Birds, but metaphorically is used for a Prison. And from thence the Keeper of the Prison is called a Gaoler or Gayler.
Garbe.
GArbe comes of the French Garbe vel Gerbe, which signifies a Bundle or Sheaf. This word is used in the old Stat. called Charta de Foresta, cap. 7. where Herbas in the Latine is translated Garbe in English.
Garble.
GArble, is is to sort and chuse the good from the bad, as the Garbling of Bow-staves, Anno 1 R. 3. c. 11. and the Garbling of Spice is nothing else but to purifie it from the Dross with which it is mixed. See of this at large in the Statute of 1 Jac. c. 19.
Gard.
GArd, or Ward, is, when an Infant, whose Ancestor held by Knights Service, is in the Ward or Keeping of the Lord of whom those Lands were holden. And if the Tenant hold of divers Lords, divers Lands, the Lord of whom the Land is holden by Priority, that is, by the more elder Tenure, shall hade the Wardship: But if one Tenure be as old as the other, then he that first gets the Ward of the Body shall keep it: But every Lord shall have the Ward of the Land that is holden of him. And if the Tenant hold any Land of the King in chief, he by his Prerogative shall have the Ward of the Body, and of all the Land that is holden of him, and of every other Lord.
Also there are divers Writs of Ward. One is a Writ of Right of Ward, and that lies where the [Page 414] Tenant dies, his Heir within age, and a Stranger enters into the Land, and happens to have the Ward of the Body of the Infant.
A Writ of Ejectment of Ward lies, where a man is put out of the Ward of the Land, without the Body of the Infant.
A Writ of Ravishment of Ward lies, where the Body is taken from him only, and not the Land.
But see the Stat. 12 Car. 2. c. 24. for Abolishing the Court of Wards, &c.
Gardian.
GArdian or Wardein most properly is he that hath the Wardship or Keeping of an Heir, and of his Land holden by Knights Service, or of one of them, to his own use, during the Nonage of the Heir; and within that time hath the bestowing of the Body of the Heir in Marriage at his pleasure, without disparagement.
And of Wa [...] ens there are two sorts; namely Gardian in Right, and Gardian in Deed.
Gardian in Right is he that by reason of his Seigniory is seised of the Wardship or keeping of the Land and Heir, during his Nonage.
Gardian in Deed is, where the Lord after his Seifin, as aforesaid, grants by Deed, or [Page 415] without Deed, the Wardship of the Land, or Heir, or both, to another, by force of which Grant the Grantee is in possession: The Grantee is called Gardian in Deed.
And this Gardian in Deed may grant the Heir to another also: but that other is not properly called Gardian in Deed, but Grantee of the Gardian in Right only.
But the Gardian in Socage hath the profit only to the use of the Heir, until he accomplish the age of 14 years, and must yield therefore an account to the Heir. See more hereof, Littleton, lib. 2. cap. 4, & 5. and Stamford upon the Statute of Prerogat. cap. 1, 2, & 6.
Church-wardens.
CHurch-wardens are Officers chosen in every Parish, to have the care and custody of the Church Goods; and they may have an Action for the Goods of the Church, and divers other things they may do for the benefit of the Church: and by the Statute of 43 Eliz. cap. 2. they are to joyn with the Overseers for the making of Rates and other Provisions for the Poor of the Parish.
Gardian of the Spiritualties.
GArdian of the Spiritualties, by the general Law is the Dean and Chapter of the Diocess, unless there be a Custom that the Arch-bishop of the Province should be the Gardein, sede vacante, His office is to hold Courts, prove Wills, grant Administrations, and supply the Bishops room.
Garnishment.
GArnishment: If an Action of Detinue of Charters be brought against one, and the Defendant saith, that the Charters were delivered to him by the Plaintiff and by another upon certain Conditions, and prays. That the other may be warned to plead with the Plaintiff, if the Conditions be performed or no, and thereupon a Writ of Scire facias shall go forth against him; this is called Garnishment: and the other, when he comes, shall plead with the Plaintiff; and that is called Enterpleader.
Garranty.
GArranty is, when one is bound to another who hath Land, to warrant the same to [Page 417] him; which may be two ways: that is, by Deed of Law; As if one and his Ancestors hath held Land of another and his Ancestors, time out of mind, by Homage, which is called Homage Auncestrel: Or by Deed of the party, who grants by Deed or Fine to the Tenant of the Land to Warrant it to him; upon which, if the Tenant be impleaded by him who ought to warrant or his Heirs, the Tenant shall bar the Demandant by pleading the Warranty against him, which is called Rebutter; or if he be impleaded by another in an Action wherein he may vouch, he shall vouch him who warranted; or his Heirs, and if the Plaintiff recover, the Tenant shall recover in value against the Voucher.
Garranty is of three sorts; that is, Garranty Lineal, Garranty Collateral, and Garranty that begins by Disseisin.
Warranty Lineal, is, where a man seised in fee or in tail, makes a Feoffment to another, and binds him and his heirs to Warranty, and hath issue a son, and dies, and the warranty disceuds to his son. For if no Deed with Warranty had been made, then the right of the Lands should have discended to the son, as heir to his father, and he shall convey the Discent from the father to the son.
But if Tenant in tail discontinues the tail, and hath issue, [Page 418] and dies, and the Vncle of the Issue releases to the Discontinuee with Warranty, &c. and dies without issue; this is a Collateral Warranty to issue in tail, for that the Warranty discends upon the Issue, who may not convey himself to the tail by mean of his Vncle.
And in every Case where a man demands Lands in Feetail by Writ of Formedon, if any Ancestor of the Issue in tail makes a Warranty, and he that sues a Writ of Formedon, by possibility of matter that may be done, conveys to him Title by force of his Gift that made the Warranty, &c. that is then a Lineal Warranty, whereby the Issue in tail shall not be barred, except he have Assets to him discended in Fee-simple. But if he may not by any possibility convey to him Title by force of his Gift that made the warranty, then that is a Collateral Warranty, and thereby the Issue in tail shall be barred without any Assets. And the cause that such a Collateral Warranty is a Bar to the Issue in the tail is, for that all Warranties, before the Statute of Gloucester, which discended to those who are Heirs to the warrantors, were Bars to the same Heirs to demand any Lands, except the warranties that began by Disseisin; and for that the said Statute hath ordained, That the warranty of the Father shall be no Bar to his [Page 419] Son for the Lands which come by the Heritage of the Mother, nor the Warranty of the Mother shall be no Bar to the Son for the Lands which come by the Heritage of the Father; and neither the Stat. 11 H. 7. cap. 20. nor any other Statute, hath ordained any remedy against any other Collateral Warranty; therefore such Warranty is yet in force, and shall be a bar to the Issue in tail, as it was before the Statute.
And it behoves that every Warranty, whereby the Heir shall be barred, discend by course of the Common Law to him who is Heir to the Warrantor; else it shall be no Bar: for if the Tenant in Tail of Lands in Borough English, where the youngest son shall Inherit by the Custome, discontinues the tail, and hath Issue two sons, and the Vncle releases to the Discontinuee with Warranty, and dies, and the younger Son brings a Formedon; yet he shall not be barred by such Warranty, causa qua supra. And if any man make a Deed with Warranty, whereby his Heir should be barred, and after the Warrantor be attaint of Felony; his Heir shall not be barred by such Warranty, for that such Warranty cannot discend upon him, the blood being corrupt.
Warranty beginning by Disfeisin is, if the son purchase Lands, and let them to his [Page 420] Father for years, and the Father by the Deed infeoffs a stranger, and binds him and his Heirs to Warranty, and the Father dies, whereby the warranty discends to the son; yet this warranty shall not bar the son, but the son may well enter notwithstanding, because this Warranty began by Disseisin, when the Father made the Feoffment, which was a Disseisin to the son. And as it is said of the Father, so it may be said of every other Ancestor. And the same Law is, if the Ancestor be Tenant by Elegit, or by Statute-Merchant, and make a Feoffment with warranty, such Warranties shall be no Bars, because they begin by Disseisin.
Garranty of Charters.
GArranty of Charters, is a Writ that lies where any Deed is made that comprehends a clause of Warranty, that is to say, Dedi or Concessi, or this word Warrantizabo; and if the Tenant be impleaded by a Stranger in Assise or such Action where he may not vouch to warranty, then he shall hate this Writ against his Feoffor or his Heir; and if the Land be recovered against him, he shall recover as much Land in value against him that made the Warranty. But this Writ ought to be sued depending the [Page 421] first Writ against him, else he hath lost his advantage.
Also upon a Warranty in the Law, as upon Homage auncestrel, or upon Rent reserved upon a Lease for Life, or a Gift in the tail, a man shall have a Writ of Warrantia Chartae, but not upon Escuage.
Garrantie del jour.
GArranty del jour. See for that Warrantia diei.
Gavelet.
GAvelet is a special and ancient kind of Cessavit, used in Kent, where the Custom of Gavelkinde continues, whereby the Tenant shall forfeit his Lands or Tenements to the Lord of whom they are holden, if he withdraw from his Lord his due Rents and Services, after this manner:
If any Tenant in Gavelkind withhold his Rent and Services of the Tenement he holds of his Lord, let the Lord seek by the award of his Court, from three weeks to three weeks, to find some Distress upon the Tenement until the fourth Court, always with witnesses. And if within that time he can find no Distress on that Tenement, whereby he may have Iustice of his Tenant, then [Page 422] at the fourth Court let it be awarded, that he take that Tenement into his hand in name of a Distress, as if it were an Ox or Cow, and let him keep it a year and a day in his hand without manuring it: within which Term, if the Tenant come and pay his arrerages, and make reasonable amends for the withholding, then let him have and enjoy his Tenement, as his Ancestors and he before held it: and if he do not come before the year and day past, then let the Lord go to the next County-Court with his Witnesses of his own Court, and pronounce there this Process to have farther Witnesses; and by the award of his Court (after the County-Court holden) he shall enter and manure in those Lands and Tenements as in his own.
And if the Tenant come afterward, and will re-have his Tenements, and hold them as he did before, let him make Agreement with the Lord, according as it is anciently said,
Hath he not since any thing given, nor hath he not since any thing payed? then let him pay v. li. for his Were, before he become Tenant, or Holder again. See hereof 10 H. 3. Fitzh. Cessavit 60. and Stat. 10 Ed. 2: of Gavelet in London, in the Collection of Statutes, London 2. matter much tending to this purpose, that by this word [Page 423] Gavelet, the Lord shall have the Land for the cessing of the Tenant. And see Westm. 2. ca. 21. which gives Cessavit.
There be some Copies which have the first Verse thus Written;
Nisith yelde, and Nisith gelde: And others thus;
Nighesith yeld, and nighesith geld.
But these differ not in signification. Other Copies have it thus;
Nigondsith seld, and nigondsith geld:
That is, Let him nine times pay, and nine times repay.
Gavel-kinde.
GAvel-kinde is a Custom annexed and going with Lands in Kent, called Gavel-kind-lands, holden by ancient Socage Tenure. And it is thought by the skilful in Antiquities, to be called Gavel-kinde, of Give all Kinne, that is, to all the Kindred in one Line, according as it is used among the Germans, from whom we English-men, and chiefly of Kent, come. Or else it is called Gavel-kine, of Give all kinde, that is, to all the Male-children, for Kinde in Dutch signifies a Male-childe. And divers other like conjectures are made touching Gavel-kinde, which I omit.
[Page 424] The most usual Customes are, That the Land is dividable between the Heirs-male; and that the Heir of the age of fifteen years may give and sell his Land; and shall inherit, although his Father be attainted and hanged for Felony; and his wife shall be endowed of half the Land whereof her husband died seised; and the husband shall be Tenant by the Curtesse of the half, although he have no issue by his wife; but the Estate of the husband and wife ceases by their second Marriage. And divers other Customes are used in Kent of the Lands in Gavel-kinde, for which see Lambert's Perambulation of Kent.
Gawgeour.
GAwgeour is an Officer of the King appointed to search all Tuns, Hogsheads, Pipes, Barrels and Tertians of Wine, Oyl, Honey, Butter, and to give them a Mark of allowance before they are sold in any place. And because this mark is a Circle made with an Iron Instrument for that purpose, it seems he takes his name from thence. Touching this Office there have been made many Statutes: the first is An. 27 E. 3. cap. 8. and the others are, 4 R. 2. cap. 1. 18 H. 6. c. 17. 23 H. 6. c. 16. 1 R. 3. cap. 13. and 28 H. 8. c. 14.
Gersuma.
GErsuma is an obsolete word, for a Fine or Summe of mony; it is often found in ancient Records. See Sir Hen. Spelmans Glossarium.
Gild.
GIld, alias Geld, has divers significations: as sometimes a Tribute; othertimes an Amerciament; thirdly, a Fraternity or Company combined together by Orders and Laws made amongst themselves with the Kings Licence. Cambden cites many Antiquities, whereby it appears to signifie a tribute or tax; as pag. 135, 139, 159, 168, 178. Crompton, in his Jurisdictions, fol. 191. shews it to be an Amerciament, as Footgeld; yet fol. 197. he says, to be quit of all manner of Gelds, is to be discharged of all manner of Prestations to be made for gathering of Sheaves of Corn, young Lambs, and Wool, to the use of the Foresters.
Also Cambden, pag. 149. dividing Suffolk into three parts, calls the first Gildable, because tribute is thence gathered. And the Statutes Anno 27 Edw. 3. Stat. 2. cap. 13. [Page 426] and Anno 11 H. 7. cap. 9. use Gildable in the same sense; and so the Statute Anno 27 H. 8. cap. 26. Hence Lambert in the word Contubernalis is perswaded that the common word Gild or Gild-hall proceeds, being a Fraternity or Communalty of men gathered in one Combination, supporting their common charge by a mutual Contribution. And in the Reg. Orig. fol. 219. b. there is Gildam Mercatoriam, which seems to be a certain Liberty or Priviledge appertaining to Merchants, whereby they are enabled to hold certain Pleas of Land within their own Precincts. This word Gilds or Guilds is so used Anno 27 E. 3. cap. 51. and Anno 15 R. 2. c. 5. And Guildhalda Teutonicorum is used for the Fraternity of Easterling Merchants in London called the Stillyard, Anno 22 H. 8. c. 8. See Coke, l. 8. f. 125.
Gisarms.
GIsarms was a certain Weapon, mentioned 13 E. 1. Stat. 3. c. 6. Fleta writes it Sisarmes, l. 1. cap. 24.
Glebe.
GLebe, are Lands of which the Rector or Vicar are seised in Jurae Ecclesiae.
Gors.
GOrs (Gurges) is a Pool or or Pit of water to keep fish in, by the Grant whereof the Soil it self passes; and a Praecipe quod reddat lies of it, as you may see in 4 Ed. 3. 29. b. and 8 E. 3. 13. a. and F. N. B. 191. H.
Granage.
GRanage, is a Duty in London, viz. the twentieth part of Salt Imported by an Alien, and due to the Mayor, Dyer 352.
Grand Cape.
GRand Cape. Look for it after in the Title Petit Cape.
Grand distress.
GRand Distress. See of that before in the Title Distress.
Grand Serjeanty.
GRand Serjeanty is, where a man holds of the King certain Land by the Service of carrying his Banner or Launce, or to lead his Host, or to be his Carver or Butler at his Coronation, or the like; and that is the most Honorable Service that a Tenant may do, and for [Page 428] that it is called Grand Serjeanty. But Petit Serjeanty is, when one holds of the King, paying him yearly a Bow, a Sword, a Spear, or such like; and that is but Socage in effect: but a man cannot hold in Grand Serjeanty or Petit Serjeanty but of the King. Also if a Tenant by Grand Serjeanty dies, his Heir, being of full age, shall pay to the King for Relief the value of the Lands, besides the charges that he pays to the King by Grand Serjeanty: but he that holds by Escuage shall pay for his Relief but C. 5.
Those that are in the Marches of Scotland, who hold of the King by Cornage, that is, to blow an Horn when the Scots enter England, are Tenants in Grand Serjeanty.
Also where a man holds of the King to find a man in his Wars within the Realm, that is called Grand Serjeanty, because it is done by a mans Body: And if the Tenant cannot find a man to do it, he is bound to do it himself.
But see the Stat. 12 Car. 2. c. 24. whereby all Tenures are now turned into Free and Common Socage.
Gree.
GRee comes of the French word ( Gre) good liking; and it signifies in our Law, Contentment or Satisfaction: [Page 429] as in the Statute of 1 R. 2. c. 15. to make Gree to the parties is to give them Contentment or Satisfaction for an Offence done unto them.
Green hew.
GReen hew is all one with Vert, as appears by Manwood in his Forest Laws, cap. 6. sect. 5. And for it see Vert.
Green Wax.
GReen Wax is a word used in the Statutes of 42 E. 3. c. 9. and 7 H. 4. c. 3. and signifies the Estreats of Issues, Fines and Amerciaments in the Exchequer, and delivered out to the Sheriffs under the Seal of the Court, to be levied by them in their several Counties.
Grithbreach.
GRithbreach, that is, the Kings Peace broken; because Grith in English is Pax in Latine.
Gule of August.
GUle of August is the first day or the Calends of August, which in the time of E. 1. and E. 3. was called ordinarily the Gule of August, as appears by [Page 430] F. N. B. f. 62. l. and Plowdens Com. f. 316. b. It is the very day of S. Peter ad vincula; and the reason why it was called the Gule of August, is conceived upon a Story recorded by Durandus in his Rationale Divinorum, l. 7. c. 19. of a Miracle wrought by S. Peter's Chain upon the daughter of one Quirinus a Tribune of Rome, who by the kissing of that Chain was healed of the Kings Evil in her Throat ( gula.) And see Hospinian. de origine festornm, f. 85. b.
Gultwit.
GUltwit is an Amends for Trespass, according to Saxton in his Description of England, c. 11.
H.
Habeas Corpus.
HAbeas Corpus is a writ which a man indited of any Trespass before Iustices of the Peace, or in a Court of any Franchise, and upon his Apprehenston being laid in Prisost for the same, may have out of the Kings Bench, thereby to remove himself hither at his own Costs, and to answer the Cause there. F. N. B. f. 250. h. And [Page 431] the order in this case is, first to procure a Certiorari out of the Chancery, directed to the said Iustices, for the removing of the Indictment into the Kings Bench; and upon that to procure this writ to the Sheriff, to cause his Body to be brought at a day, Reg. Judic. f. 81. where you may find many cases wherein this writ shall be used.
Habeas Corpora.
HAbeas Corpora, is a writ which lies against a Iury, or any of them that refuse to come upon the Venire facias, for the Trial of a Cause brought to issue.
Habendum.
HAbendum is a word of form in a Conveyance, to the true understanding whereof it is to be observed, That in every Deed or Conveyance there are two principal parts, the Premisse, and the Habendum.
The Office of the Premisses is, to express the Name of the Grantor, the Grantee, and the thing to be granted. The Office of the Habendum is, to limit the Estate, so that the general Implication of the Estate, which by construction of Law passes in the Premisses, is by the Habendum controlled and qualified: as in a Lease to two [Page 432] men, Habendum to the one for life, the Remainder to the other for life, alters the general Implication of the Joynt-tenancy in the Free-hold, which passes by the Premisses, if the Habendum were not. See Coke, l. 2. c. 55.
HAbere facias Seisinam.
Habere facias Seisinam is a Writ Iudicial, that lies where one hath recovered certain Lands in the Kings Court; then he shall have this writ directed to the Sheriff, commanding him to give him Seisin of that Land, and it shall not be retornable.
Habere facias Visum.
HAbere facias Visum is a writ that lies in divers Cases, where view is to be taken of the Lands or Tenements in question. See F. N. B. In Indice, verbo View; & Bract. l. 5. tract. 3. c. 8.
Half-blood.
HAlf blood. See Demysank.
Half Seal.
HAlf Seal is a Seal used in Chancery for the Sealing of Commissions to Delegates upon [Page 433] an Appeal in a Cause civil or marine, as it appears by the Statute made in 8 Eliz. c. 3.
Halymote.
HAlymote is a Court-Baron, as appears by Manwood in his Forest Laws, c. 23. f. 217. a. And it is called Halymote, that is, the Meeting of the Tenants of one Hall or Mannor.
Hambling, or Hoxing of Dogs.
HAmbling, or Hoxing, or Hock-sinewing of Dogs, are old Forrest terms for the Lawing of Dogs, when the Custom was (as appears in Manwood's Forrest Laws, c. 16. sect. 12.) to cut or gash Dogs in the Hamms; but now they use to do it in their Feet. Of which see Expeditate.
Hand-gun.
HAnd-gun is an Engine which is prohibited to be used and carryed about by the Statute of 33 H. 8. c. 6. And though a Dag was invented of late time, and after the making of the said Act, and is not known by the name of Hand-gun, but a special name; yet the carrying of a Dag is within the said Act, and comprehended within the word Hand-gun. So whereas [Page 434] Cross-bows are forbidden by the said Act, thereby Stone-bows are also forbidden. See Coke, l. 5. f. 71, 72.
Hangwit.
HAngwit is, to be quit of a Thief or Felon hanged without Iudgment, or escaped out of your custody.
Hanper.
HAnper of the Chancery, Anno 10, R. 2. c. 1. seems to signifie as Fiscus originally does in Latine.
Haque.
HAque is a little Hand-gun of three quarters of a yard long, and it is mentioned in the Statutes of 33 H. 8. c. 6. and 2 & 3 E. 6. c. 14. There is also mention made of an half Haque.
Haquebut.
HAquebut is a Gun mentioned in the Statute of 2 & 3 E. 6. c. 14. and it is all one with an Harquebuze.
Hariot, or Heriot.
HAriot is of two sorts; Hariot Custome, and Hariot Service.
[Page 435] Hariot Service is often expressed in a mans Grant or Deed, that he holds by such Service to pay Hariot at the time of his death. And this Hariot is payable after the death of the Tenant in Fee-simple.
Hariot Custom is, where Hariots have been paid time out of mind by Custom. And this may be after the death of the Tenant for life, &c. But to speak thereof generally:
Hariot is the best Beast (whether it be Horse, Ox, or Cow) that the Tenant had at the time of his death. And a Distress may be either seised or taken for it, whether it be Hariot Service, or Hariot Custom, to the Lords use of whom the Tenant held, by his Bayliff or other Officers. But of right neither the Lord nor his Officer should take Hariot, before it be presented at the next Court holden after the Tenant is dead, that such a Beast is due for his Hariot.
Haward.
HAward, or Hayward, is an Officer appointed in every Town to be the Common Herd of the Town: and he is so called, either for that it is one part of his Office to keep the Hedges of inclosed Grounds, so that they be not cropped or broken down; or because he keeps the Grass from [Page 436] hurt and destruction of Cattel, so that Hay may be made thereof. He is an Officer sworn in the Lords Court: For which Oath, see Kitch. fol. 46.
Hawkers.
HAwkers is a word used in the Statutes 25 H. 8. cap. 9. and 33 Hen. 8. cap. 4. for Tinkers that go from place to place through the Country, and by colour of the Kings Letters Patents or Placards buy and sell Brass and Pewter, and cozens the Kings people both in the weight and in the stuff.
Hey-bote, or Hedge-bote.
HEy-bote, ou Hedge-bote, is necessary Stuff to make and mend Hedges, which the Lessee for years or for life of common right may take upon the Ground to him leased, although it be not expressed in his Lease, and although it be a Lease by Word, without Writing.
Heybote also may be taken for necessary Stuff to make Rakes, Forks, and such like Instruments, wherewith men use in Summer to redde and make Hay. And so Lessee for years took it, and it was allowed him by his Lessor, the rather, as I suppose, for that such [Page 437] Instruments are commonly made of slendtr Vnder-wood, which by the Common Law the Lessee for years may cut and take as aforesaid.
Head-borow.
HEad-borow is compounded of two words, Heofed, id est, Head, and Borhe, id est, Pledge. So that Head-borow signifies the chief of the three Pledges in a Decennary within a Lect, or he that had the Government of those that are within his own Pledge. And he was called Head-borough, or Borow-head, or Boroughs-holder, or Third-borough, or Tithing-man, or Chief-Pledge, or Borow-Elder, according to the diversity of speech in divers places. And to this day he is now called a Constable.
Head-silver.
HEadsilver. See Common Fine.
Heireloome.
HEireloome, is any piece of Houshold-stuff, which, by the Custom of some Countries, having belonged to a House for certain discents, goes with the House (after the death of the Owner) unto the Heir, and not to the Executors.
Herbage.
HErbage is the Fruit of the Earth provided by Nature for the bit or mouth of the Cattel: But it is commonly used for a Liberty to feed ones Cattel in anothers mans ground, as in the Forest, &c. Cromp. Juris. fol. 197.
Heretico, or Haeretico comburendo.
HAEretico comburendo is a Writ that lies against him who is an Heretick, that is, who having been once convicted of Heresie by the Bishop, and having abjured it, afterwards falls into it again, or into some other, and is thereupon committed to the Secular Power.
And Brit. lib. 1. cap. 17. saith. That by the Common Law those persons who Feloniously burn the Corn or Houses of others, Sorcerers and Sorcecesses, Sodomitical persons and Hereticks, should be burnt and consumed.
This Writ is taken away by the Statute of K. C. 2.
Hermitage & Hermite.
HErmite is a Religious Man, who devotes himself to live [Page 439] solitary in any private Place, Church, Monastery, &c. And his place is called an Hermitage. And of it a Prohibition lies, Nat. Br. 34. G.
Hidage.
HIdage is to be quit, if the King shall tax all the Land by Hides.
Note, that a Hide of Land is a whole Plough-land. And this kind of Taxing by Hides was much used in old time, as well for provision of Armour, as payments of Money; and that chiefly in King Etheldred's days, who in the year of Christ, 1006. when the Danes landed at Sandwich in Kent, taxed all his Land by Hides thus; That every 310 Hides of Land should find one Ship furnished, and every eight Hides should find one Iack and one Saddle, for the defence of the Realm.
Hoblers.
HOblers are mentioned in the Statute of 25 E. 3. Stat. 5. cap. 8. to be such men as by their Tenure are bound to keep a little Nag, to give notice of any Invasion, or other danger that happens near the Sea-side where they dwell.
Hoghenhine.
HOghenhine, is he who comes Guest-wise to a house, and there lies the third night, after which time he is accounted one of his Family in whose house he lies; and if he offend the Kings Peace, his Host must be answerable for him. Bract. lib. 3. tract. 2. cap. 10. In the Laws of King E [...] ward, set forth by Lambert, he is called Agenhine, where you may read more of this matter.
Homage.
HOmage in our Books is twofold. viz. Homagium ligeum, and that is as much as Ligeance, of which Bracton speaks, lib. 3. cap. 35. fol. 79. Soli Regi debetur sine Dominio seu Servitio. And the other is Homagium feudale, which hath his original by Tenure. In Fitzh. N. B. fol. 269. there is a Writ for respiting this later Homage, which is due by reason of the Fee or Tenure. But Homagium ligeum is inherent and inseparable, and cannot be respited.
Homage, by reason of Fee or Tenure is defined to be a Service which shall be made in this manner: The Tenant in Fee or Fee-tail that holds by [Page 441] Homage, shall kneel upon both his knees ungirded, and the Lord shall sit, and hold the hands of his Tenant between his hands, and the Tenant shall say, I become your man from this day forward of life and member, and of earthly honor, and to you shall be faithful and true, and shall bear to you faith for the Lands that I claim to hold of you, saving that Faith I owe to our Lord the King: and then the Lord so sitting shall kiss him.
How Fealty shall be done, look before in Fealty.
The Steward of the Lord may take Fealty, but not Homage. See the Statute 12 Car. 2. cap. 24.
Homage auncestrel.
HOmage auncestrel is, where a man and his Ancestors, time out of mind, held their Land of their Lord by Homage. And if such Lord hath received Homage, he is bound to acquit the Tenant against all other Lords above him of every manner Service. And if the Tenant hath done Homage to his Lord, and is impleaded, and vouches the Lord to Warranty; the Lord is bound to warrant him: and if the Tenant lose, he shall recover in value against the Lord so much of the Lands as he had at the time of the [Page 442] Voucher, or at any time after. Also if a man that holds his Land by Homage auncestrel alien the Land in fee, then the Alienee shall do Homage to his Lord; but he shall not hold by Homage auncestrel, for that the continuance of the Tenancy in the Blood of the first Tenant is discontinued.
Homagio respectuando.
HOmagio respectuando is a Writ directed to the Escheatour, commanding him to deliver Seisin to the Heir of his Lands at his full age, although he hath not made his Homage. Of which see Fitz. N. B. f. 269. A.
Homesoken.
HOmesoken, or Hamesoken, is, to be quit of Amerciaments for Entring into Houses violently and without licence, and contrary to the Peace of the King: And that you hold Plea of such Trespass done in your Court, and in your Land.
Homicide, or Man-slaughter.
HOmicide, or Man-slaughter, is the Killing of a Man felonioussy, without malice forethought [Page 443] It is also defined thus, Homicide is the killing of a man by a man. But if it be done by a Dog, Ox, or other thing, it is not properly called Homicide. It is called Homicidium, ab homine & cado, quasi Hominis caedium.
Homine capto in Withernamium.
HOmine capto in Withernamium, is a Writ to take him that hath taken any Bond-man or Woman, and led him or her out of the County, so that he or she cannot be replevied according to Law. Reg. Orig. fol. 79. a.
Homine replegiando.
HOmine replegiando is a Writ to deliver men out of Prison upon Bail. In what cases it lies, and in what not, see in Fitz. N. B. f. 66. E. and see here in the Title of Replevin in the end.
See Replevin.
Honour.
HOnour, besides the general signification, is used specially for the most noble sort of Lordships, whereof other inferiour Lordships or Mannors depend by performance [Page 444] of Customes and Services, some or other, to those that are Lords of them. And it seems there are no Honours but those which originally appertained to the King; yet they may afterward be given in Fee to Noblemen. The manner of Creating these Honors, may in part be collected out of the Statutes of Anno 31 Hen. 8. chapter 5. where Hampton Court is made an Honour; and Anno 33 ejusd. cap. 37, & 38. whereby Amptil and Grafton are likewise made Honours; and Anno 37 ejusd. cap. 18. whereby the King hath power given him by his Letters Patents to erect four several Honours, Westminster, Kingston upon Hull, S. Osithes in Essex, and Dodington in Barkshire.
Hornegeld.
HOrnegeld is, to the quit of certain Custome exacted by Tillage through all the Land, of whatsoever horn'd Beast.
Hors de son Fee.
HOrs de son Fee, is an Exception to avoid an Action for Rent issuing out of certain Land, by him who pretends to be the Lord, or for some Customes or Services; for if he can justifie that the [Page 445] Land is without the compass of his Fee, the Action falls. Broke hoc Tit. 7, 8. and 1 Institut. 1. b.
Hospitallers.
HOspitallers (Hospitularii) an Order of Knights first founded at Jerusalem, and called the Joannites or Knights of St. John of Jerusalem; and they were called Hospitallers, for that they built an Hospital at Jerusalem for the entertainment of all such as from any part of the world came to visit the Holy places, and did guard and protect such Pilgrims in their Iourneys. the Institution of their Order was first allowed by Pope Gelasius the second, about the year 1118. And they had many Priviledges granted them, as Immunities from payment of Tithes, &c. And for these they are often mentioned in our Books. You shall find their Priviledges reserved to them in Magna Charta, cap 37. And you shall see the Right of the Kings Subjects vindicated from the Vsurpation of their Iurisdiction by the Statute of Westm. 2. cap. 34. Their chief abode is now in the Island of Melita, commonly called Malta, given them by the Emperor Charles the Fifth: And for that they are now called Knights of Malta. All the Lands and Goods of these [Page 448] Knights here in England were put in the disposition of the King by the Stat. of 32 H. 8. cap. 24.
Hosteler.
HOsteler is an Inholder. Coke Entr. 347.
Hotchpot.
HOtchpot, is a blending or mixing together, and a partition of Lands given in Frank-marriage, with other Lands in Fee-simple discended. For example, A man seised of thirty Acres of Land in Fee hath issue two Daughters, and gives with one of his Daughters, to a man that marries her, ten Acres of the same Land in Frank-marriage, and dies seised of the other twenty Acres. Now if she that is thus married will have any part of the twenty Acres whereof her Father died seised, she must put her lands given in Frank-marriage in Hotchpot, that is, she must refuse to take the sole Profits of the Land given in Frank-marriage, and suffer the Land to be commixt and mingled together with the other Land whereof her father died seised, so that an equal Division may be made of the whole between her and her Sister. And thus for her x Acres she shall have xv; else her Sister will have the [Page 449] xx Acres of which their Father died seised.
Housebote.
HOusebote is necessary Timber that the Lessee for years or for life, of common right, may take upon the Ground, to repair the Houses upon the same Ground to him leased, although it be not exprest in the Lease, and though it be a Lease by Word, without Deed. But if he take more then is needful, he may be punisht by an Action of Waste.
Hue and Cry.
HUe and Cry, is a pursuit of one having committed Felony by the High-way: for if the party robbed, or any in the company of one that was murthered or robbed, comes to the Constable of the next Town, and wills him to raise Hue and Cry, or to make Pursuit after the Offendor, describing the party, and shewing, as near as he can, which way he is gone; the Constable ought forthwith to call upon the Parish for aid in seeking the Felon; and if he be not found there, then to give warning to the next Constable, and he to the next to him, until the Offendor be apprehended, or at least until he be so pursued to the Sea-side. Of this see Bract. [Page 448] lib. 3. tract. 2. cap. 5. Smith de Repub. Angl. lib. 2. cap. 20. and the Statute of Winchester, made Anno 13 E. 1. and the Statute of 28 E. 3. cap. 11. and An. 27 El. cap. 13.
Huers.
HUers. See Conders.
Hundred.
HUndreds were divided by King Alfred, after he had divided the whole Realm into certain parts or sections, which of the Saxon word Scyran, signifying to cut, he termed Shires, or (as we yet spake) Shares and Portious. These Shires be also dividid into smaller Parts; whereof some were called Lathes, of the word Gelathian, which is to assemble together: others Tithings, because there were in each of them to the number of Ten persons, whereof each one was Surety and Pledge for others good abearing: others Hundreds, because they contained Iurisdiction over one Hundred Men or Pledges, dwelling peradventure in two, or three, or more Parishes, Boroughs, or Towns, lying and adjoyning nevertheless somewhat near together, in which he appointed Administration of Iustice to be exercised severally among [Page 449] them of the same Hundred, and not that one should run out disorderly into anothers Hundred, Lathe, or Tithing, wherein he dwells not.
These Hundreds continue to this day in force, although not altogether to the same purpose whereunto at first they were appointed, yet still to very needful, both in time of Peace for good order of Government divers ways, and in War for certainty of levying men; as also for the more ready Collection of Payments granted in Parliament to the Kings of this Realm.
Hundred-Lagh.
HUndred-Lagh signifies the Hundred-Court, from which all the Officers of the Kings Forrest were freed by the Charter of Canutus, cap. 9.
Hundredum.
HUndredum is, to be quit of Money or Customs to be paid to Governors and Hundredors.
Husfastene.
HUsfastene (quasi Domi fixus) is he that holds House and Land. Bract. lib. 3. tract. 2. c. 10.
Hustings.
HUstings (Hustingum) is a Court of Common-Pleas held before the Major and Aldermen of London, and it is the highest Court they have, for Error or Attaint lies there of a Iudgment or saise Verdict in the Sheriffs Court, as it appears by Fitzh. N. B. 22 H. &c. and the Statute of 11 H. 7. cap. 21. And other Cities and Towns have had a Court of the same name, as Winchester, Lincoln, York, and Sheppy. So called from the Saxon Hus, Domus, and Thing, Causa; quasi, Domus Causarum.
I.
Idemptitate, or Identitate nominis.
IDemptiatis nominis, is a Writ that lies where a Writ of Debt, Covenant, or Account, or such other Writ is brought against a Man, and another that hath the same name with the Defendant, is taken for him; then he shall have this Writ, by which the Sheriff shall make Inquiry before the Iustice assigned in the same County, if he be the same person or not; and if he be not [Page 451] sound to be the party, then he shall go without day in peace.
Ideot.
IDeot is he that is a Natural Fool from his Birth, and knows not how to count Twenty pence, or name his Father or Mother, nor tell his own age, or such like easie and common matters, so that it appears he hath no manner of Vnderstanding, Reason, or Government of himself. But if he can read, or learn to read by instruction and information of others, or can measure an Ell of Cloth, or name the Days of the Week, or beget a Child, or such like, whereby it may appear he hath some light of Reason; such a one is no Ideot naturally.
Jeofaile.
JEofaile is, when the parties to any Suit in Pleading have proceeded so far that they have joyned Issue, which shall be tried, or is tried by a Iury or Enquest; and this Pleading or Issue is so badly pleaded or joyned that it will be Error if they proceed: then some of the said parties may by their Councel shew it to the Court, as well after Verdict given and before Iudgment, as before the Iury is charged. And the [Page 452] Councel shall say, This Enquest ye ought not to take. And if it be after Verdict, then he may say, To judgment you ought not to go. And because such niceties occassioned many delays in Suits, divers Statutes are made to redress them, as well in the time of King H. 8. an. 32. c. 30. as of Queen Eliz. whereof we may say as the Civilians, That although Constantine the Emperor commāded the forms of the Law to be cut off, yet the daily use of Pleading doth seem again to recal them, or rather, some of them increase as the heads of Hydra. See also now a new Statute of Jeofailes, made in 21 Jac. c. 13.
Jetsam.
JEtsam is, when a Ship is in danger to be cast away, and to disburthen the Ship, the Mariners cast the Goods into the Sea: and although afterward the Ship perish, none of those goods called Jetsam, Floatsam, or Lagan, are called Wreck, as long as they remain in or upon the Sea; but if any of them are driven to Land by the Sea, there they shall be reputed Wreck, and pass by the grant of Wreck. Coke, l. 5. f. 106.
Jettezoons.
JEttezoons, This is mentioned in Policies of Insurance, and signifies Goods thrown into the Sea in a great Storm.
Unlawful Assembly.
UNlawful Assembly is, where people assemble themselves together to do some unlawful thing against the Peace, although they execute not their purpose in deed.
Imparlance.
IMparlance. See Emparlance.
Impeachment of Waste.
IMpeachment of Waste (Impetitio Vasti) is as much as to say as a Demand made or to be made of Recompence for Waste done by a Tenant that hath but a particular Estate for Life or Years. And therefore he that hath such a Lease without Impeachment of Waste, hath by that a property or interest given him in the Houses and Trees, and may make waste in them, without being impeached for it, that is, without being questioned or demanded any recompence for the Waste done. See Coke, l. 11. Bowles Case, f. 82. b.
Implements.
IMplements comes either from the French word ( Employer, to imploy) or from the Latine (Implere, to fill up) and is used for things of necessary use in any Trade or Mystery, which are imployed in the practice of the said Trade, or without which the work cannot be accomplished. Also for Furniture with which the House is filled. And in that sense you shall find the word often in Wills and Conveyances of Moveables.
Impost.
IMpost is a French word that signifies Tribute, but with us it is taken for the Tax that is paid the King for any Merchandise brought into any Haven from Places beyond the Seas. And it is used in the Statute of 31 Eliz. c. 5. as a word of the same signification with Custom which Merchants pay.
Imprisonment.
IMprisonment is the Restraint of a mans Liberty, whether it be in the open Field, or in the Steeks or Cage in the Streets, or in a Mans own House, as well as in the common Geal. And in all these places the party [Page 455] so restrained is said to be a Prisoner, so long as he hath not his Liberty freely to go at all times to all places whether he will, without Bail or Mainprise.
Incumbent.
INcumbent comes of the Latine (Incumbere) and signifies him that is presented, admitted and instituted to any Church or Benefice with Cure; who is therefore called the Incumbent of that Church, because he doth bend all his study to the discharge of the Cure there.
Indicavit.
INdicavit is a Writ or Prohibition that lies for the Patron of a Church, whose Clerk is Defendant in Court-Christian in an Action for Tithes, commenced by another Clerk, and extending to the fourth part of the Church, or of its Tithes; in which case the Suit belongs to the Kings Court, by Westm. 1. c. 5. Wherefore the Defendants Patron (being like to be prejudiced in his Church and Advowson, if the Plaintiff obtain in the Court-Christian) has this means to remove it to the Kings Court. Reg. orig. fol. 35. and Britton, c. 109. This Writ is not returnable; but if they cease not their Suit, he shall have an Attachment.
Indorsement.
INdorsement is that which is written upon the Back of a Deed, as the Condition of an Obligation is said to be indorsed, because it is commonly written on the Back of the Obligation.
Induction.
INduction is a lay act made by prescept of the Ordinary, by which, actual possession of the Church is given to the Rector or Vicar after his Presentation and Institution to it.
Infangtheef.
INfangtheef is a Priviledge or Liberty granted to Lords of certain Mannors, to judge any Thief taken within their Fee.
Information.
INformation for the King is that which for a common person is called a Declaration; and is not always done directly [Page 457] by the King or his Attorney, but rather by some other man, who sues as well for the King as for himself, upon the breach of some penal Law or Statute, wherein a Penalty is given to the party that will sue for the same; but no Action of Debt to recover it, therefore it must be had by Information.
Ingrosser.
INgrosser comes of the French word Grosier, that is, one that sells by Whole-sale. But in our Law an Ingrosser is one that buys Corn, Grain, Butter, Cheese, Fish, or other dead Victuals, with an intent to sell the same again. And so he is defined in the Stat. of 5 E. 6. c. 14. made against such Ingrossing.
Inheritance.
INheritance. See Enheritance.
Inhibition.
INhibition is a Writ to inhibit a Iudge to proceed farther in the Cause depending before him.
And there is another Writ, where after the Kings Presentment to a Benefice, he presents another, and inhibiteth the Bishop to give Induction to the first Presentee. Plo. Com. 528. [Page 458] See F. N. B. f. 39. where he puts Prohibition and Inhibition together. Inhibition is most commonly a Writ issuing forth of an higher Court-Cheistian to a lower and inferiour, upon an Appeal, Anno 24 H. 8. c. 12. and Prohibition out of the Kings Court of Record at Westminster to a Court-Christian, or to an inferiour Temporal Court.
Injunction.
INjunction is an interlocutory Decree out of the Chancery, sometimes to give Possession to the Plaintiff for defect of Apparance in the Defendant; sometimes to the ordinary Courts of the King, and sometimes to the Court-Christian, to stay Proceeding in a Cause upon suggestiou made, that if the rigor of the Law take place, it is against Equity and Conscience in that Case, See West, part. 2. tit. Proceedings in Chancery, sect. 25.
Inlagary.
INlagary or Inlagation, is a Restitution of one outlawed to the Kings Protection, or to the benefit & condition of a Subject.
Inlaugh.
INlaugh signifies him that is sub Lege, in some Frankpledge, [Page 459] not out-lawed; of whom see Bract. l. 3. tract. 2. c. 11.
Inmates.
INmates are those persons of one Family that are suffered to come and dwell in one Cottage together with another Family, by which the poor of the Parish will be increased. And therefore by the Statute of 31 Eliz. c. 7. there is a Penalty of ten shillings a Month set upon every one that shall receive or continue such an Iumate.
Inquisition.
INquisition. See Enquest.
Inrolment.
INrolment is the Registring, Recording, or Entring of any Act or Deed in the Chancery, or elsewhere, as of a Recognizance, Fine, Statute, or Deed indented by the Statute of 27 H. 8. c. 16. by which a Freehold shall pass.
Instant.
INstant (in Latine, Instans) is defined by the Logicians, A thing not dividable in Time, which is not any Time, nor part of Time, to which yet the parts [Page 460] of time are conjoyned, and much considered in the Law: and though it cannot be actually divided, yet in consideration and conceit it may be divided and applied to several purposes, as if they were several times; whereof see in Plowdens Commentaries in the Case between Fulmerston and Stuard, where the Statute of 31 H. 8. (which Enacted, That if an Abbot within a year before the Statute had letten Lands to one, who at the time of making that Lease had the same Land to farm for a term of years, then not expired that the Lessee should have that Land only for twenty one years) is expounded.
And there it is debated, That when the Termor takes the second Lease, he surrenders his former term; and so at the same instant of taking the second Lease, the former term is expired. And in the Case between Petit and Hales, he who kills himself, commits not Felony till he be dead, and when dead, he is not in being, so as to be termed a Felon, but at the instant is in the Law so adjudged.
And there are many other Cases in Law, where the instant time, that is not dividable in nature; in the consideration of the mind and understanding of the Sages of the Law is divided; upon which arise many arguments of great use and profound learning.
Institution.
INstitution, is a Faculty made by the Ordinary, by which a Vicar or Rector is approved to be Inducted to a Rectory or Vicarage.
Interdiction.
INterdiction has the same signification in the Common as in the Canon Law, where it is thus defined, Interdictio est Censura Ecclesiastica prohibens administrationem Divinorum. And so it is used, 22 H. 8. cap. 12.
Intrusion.
INtrusion is a Writ that lies against him that enters after the death of Tenant in Dower, or other Tenant for Life, and holds out him in the Reversion or Remainder; for which see Fitz. N. B. fol. 203. E. And every entry upon the possession of the King is called an Intrusion; as where the Heir of the Kings Tenant enters after Office, and before Livery, this is called an Intrusion upon the King, as appears in Stanf. Prerog. fol. 40. and many other Books.
Inventary.
AN Inventary is a Catalogue or Recital in Writing of all the Goods and Chattels of one that is dead, with the Valuation of them by four several persons, which every Executor and Administrator ought to exhibit to the Ordinary at the time appointed.
Jointenans.
JOintenants are, where two men come to any Lands and Tenements by one joynt Title; as if a man give Lands to two men, and to their Heirs.
Tenants in common are, where two have Lands by several Titles, or by Feoffment to two, to have and tohold the one half to one and his Heirs, aud the other half to another and his Heirs: in all these cases none of them knows his several.
If there be two or three Ioyntenants, and one hath Issue and dies, then he or those Ioyntenants that overlive shall have the whole by Survivorship.
If two Iointenants by agreement [Page 463] make Partition between them by Deed, then they are several Tenants:
But if one Ioyntenant grant that which belongs to him to a Strang [...] , then the other Ioyntenantand the Stranger are Tenants in common.
And though two Tenants in common be seised throughly and of the whole, and none knows his several; yet if one die, the other shall not make the whole by Survivorship, but the Heir of him that dies shall have the half.
And so if there be three Ioyntenants, and one of them makes a Feoffment of his part to another, and the Feoffee dies; then his Heir shall have the third part, and the other two are Ioyntenants as they were, because they two are seised by one joynt Title.
Also if Lands be given to the baron and his wife, and the husband aliens and dies, the wife shall recover the whole: But if they were Ioyntenants before the Coverture, then he shall recover but the half.
If Land be given to the husband and his wife, and a third person, if the third person grant that which belongs to him, the one half passes by this Grant; for that the baron and his wife are but one person in Law, and in this case they have right but to half.
Also if two Ioyntenants are of Lands in a Town that is [Page 468] Borough-English, where Land is devisable, and one by his Testament devises that which belongs to him to a Stranger, and dies; this Devise is void, and the other shall have the whole by Sutviver, for that the Devise may not take effect till after the death of the Devisor; and immediately after the death of the Devisor, the right comes to the other Ioyntenant by Surviver, who claims nothing by the Devisor, but in his own right by Surviver. But otherwise it is of Parceners seised of Lands devisable, causa qua supra.
Journies accounts.
JOurnies accounts (Dietae computatae) is a term in the Law which is understood thus: If a Writ be abated without the default of the Plaintiff or Demandant, he may purchase a new Writ, which if it be purchased by Journies accounts, (that is, within as little time as he possibly can after the Abatement of the first Writ) then this second Writ shall be as a Continuance of the first, and so shall ouste the Tenant or Defendant of his Voucher, Plea of Nontenure, Ioyntenancy fully administred, &c. or any other Plea which arises upon matter hapning after the date of the first Writ. And fifteen days have been held a convenient [Page 469] time for the purchase of the new Writ. See for this Writ by Journies accounts, Spencers Case, Coke, lib. 6. fol. 9. b.
Joynture.
JOynture is an Estate and Assurance made to a Woman in consideration of Marriage, for term of her life, or otherwise; as is mentioned in the Statute of 27 H. 8. cap. 10. whether it be before or after Marriage. And if it be after, then she may at her liberty after the death of her husband refuse to take or have the Lands so assured for her Ioynture, and demand her Dower at the Common Law: But if it be made before Marriage, then she may not refuse such Ioynture, nor have Dower according to the Common Law, unless that when she brings her Writ of Dower, the Defendant pleads such a Plea as will not bar her of her Dower; as if he say in Bar, that her husband was not seised of such Estate whereof she might be endowed, or any such Plea, and doth not shew that she hath a Ioynture made, &c. and therefore demands Iudgment of that Action, or any such like Plea, &c. And this was the opinion of Master Brograve at his Reading in Grays-Inn in Summer, An. 1567. 18 Eliz. upon a Branch of the [Page 470] Statute made 27 H. 8. cap. 10. concerning Joyntures and Dowers.
And of those things whereof a Woman may be endowed, she may have Ioynture; as of Mines, Vesturam terrae, Woods, Towns, Is [...] es, Meadows, and such like. Also of an Advowson, Reversion depending upon an Estate for Life, Wind-mill, high Chamber, Rectory, and such other; and they are called Tenements. Also of a Villain, for he is an Hereditament. And of all these profit may come to the woman. But of those things whereof no profit will come, but rather a charge, a Ioynture cannot be made. See Coke, lib. 4. fol. 1. Vernons Case.
Jurisdiction.
JUrisdiction is a Dignity which a Man hath by a power to do Iustice in Causes of complaint made before him.
Juris utrum.
JUris utrum is a Writ that lies for the succeeding Incumbent of a Benefice, to recover the Lands or Tenements belonging to the Church, which were aliened by his Predecessor. And see of this Fitz. N. B. fol. 48. R. and see after in the Title Utrum.
Juror.
JUror is one of those 24 or 12 men which are sworn to deliver a truth upon such Evidence as shall be given them touching the matter in question: of which see Fitz. Nat. B. fol. 165. D. and the Statute 16 and 17 Car. 2. cap. for returning able and sufficient Jurors.
Justice seat.
JUstice seat is the highest Court that is held in a Forrest, and it is always held before the Lord Chief Iustice [...] Eyre of the Forrest, upon m [...] ning 40 [...] ays before. And [...] the Iudgments are always given, and the Fines see for Offences that were presented at the Courts of Attachments, and the Offenders indicted at the Swainmotes. See concerning this Court Manwoods Forrest Laws, cap 2 [...] . fol. 238. b.
Justices in Eire.
JUstices in Eire. See Eire.
Justicies.
JUsticies is a Writ directed to the Sheriff for the dispatch of Justice in some special Cases in his County-Court of which he cannot by his ordinary [Page 472] power hold Plea there. And of this you may see Precedents in Fitzh. N. B. fol. 117. C. in Account, and fol. 152. B. in Annuity, and fol. 119. G. in Debt, and many others. And it is called a Justicies, because it is a Commission to the Sheriff to do a man right; and it requires no Return or Certificate of what he hath done.
K.
Keelage.
KEelage, in Latine Killagium, is a Custom paid at Hartlepool in Durham for every Ship coming into that Port. R of Parl. 21 E. 1.
Kiddle.
KIddle or Kidel, is a Dam or Wear in a River. All Kidels shall from henceforth be utterly put down in the Thames and Medway, and throughout all England, except upon the Sea-coast. Mag. Char. cap. 24.
KIngs silver.
Kings silver is the Money which is due to the King in the Court of Common Pleas, for a License there [Page 473] granted to any man to pass a Fine. Coke, lib. 6. fol. 39, & 43.
Kintal.
KIntal is a Weight, commonly of One hundred pounds, more or less, according to the Vsage of sundry Nations. Mr. Plowden in the Case of Reniger and Fogassa makes mention of this word.
Knights Service.
KNights Service was a Tenure by which several Lands in this Nation were held of the King. But it is abolished by Statute 12 Car. 2. cap. 24.
L.
Laches.
LAches or Lasches is an old French word signifying Slacknesse or Negligence, as it appears in Lit. sect. 403. & 726. where Laches of Entry is nothing else but a Neglect in the Infant to enter. So that I think it may be an old English word. And when we say, There is Laches of Entry, it is as much as to say, There L [...] ok is of Entry, or there is [Page 474] Lack of Entry. Yet I find that ( Lascher) in French is to Loyter, and ( Lasche) signifies one that is idle or lazy: and therefore it may also come from the French. For Etymoligies are divers, and many times ad placitum.
Lagan.
LAgan is such a parcel of Goods as the Mariners in a danger of Shipwreck cast out of the Ship; and because they know they are heavy, and will sink, they fasten to them a Boigh or Cork, that so they may find them, and have them again. If the ship be drowned, or otherwise perish, these Goods are called Lagan or Ligan, a ligando: and so long as they continue upon the Sea, they belong to the Admiral; but if they are cast upon the Land, they are then called a Wreck, and belong to him that hath the Wreck, as it appears in Coke, l. 5. f. 106.
Lageman.
LAgeman est Homo Legalis seu legitimus, such as we call Good men of the Jury. The word is found in Dooms-day-Book.
Land-cheap.
LAnd-cheap is a payment of 10 d. in the Purchase-mony for every Mark thereof, for all the Lands within the Borough of Maldon in Essex, by prescription, which see H. 25, 26. Car. 2. Roll 706. in B. R.
Lapse.
LApse (Lapsus) is the Omission of a Patron to present to a Church of his Patronage within six months after an Avoidance by death, or taking of another Benefice without qualification, or notice to him given of the Resignation or Deprivation of the present Incumbent; by which neglect Title is given to the Ordinary to collate to the said Church.
Larcenie.
LArceny is a wrongful taking away another mans Goods, but not from his person, with a mind to steal them.
And Theft is in two sorts; the one so called simply, and the other Petit or Little Theft.
The first is where the thing stolen exceeds the value of 12 d. and this is Felony.
The other (called Little or Petit Theft) is where the thing stolen doth not exceed the value of 12 d. and that is not Felony.
Last.
LAst signifies a certain Wright or Burthen; as a Last of Herring is ten thousand, Anno 31 E. 3. Stat. 2. cap. 2. a Last of Hides is twelve dozen, Anno 1 Jae. c. 33.
Lastage.
LAstage is, to be quit of a certain Custom exacted in Fairs and Markets, for carrying of things where a Man will.
Latitat.
LAtitat is a Writ by which all Men in Personal Actions are originally called in the Kings Bench to answer. And it is called Latitat, because it is supposed by the Writ that the Defendant cannot be found in the County of Middlesex, as it appears by the Return of the Sheriff of that County, but that he lurks in another County: and therefore to the Sheriff of that County is this Writ directed to apprehend him.
Law.
LAw. See Ley.
Law-day.
LAw-day signifies a Leet or Sheriffs Tourn, as it appears by the Statute of 1 E. 4. c. 2. where the Sheriffs Tourn is so called, and 9 H. 7. f. 21. b. and many other Books, where a Leet is so called. See Smiths Commonwealth, l. 2. c. 21.
Lawing of Dogs.
LAwing of Dogs. See Expeditate.
Lawless man.
LAwless man is the who is extra Legem, an Outlaw. Bract. l. 3. tract. 2. c. 11. num. 1.
Leases.
LEases are Grants or Demises, by one that hath any Estate in any Hereditaments, of those Hereditaments to another for the lesser time. And they are in divers manners; viz. for term of Life, for Years, for anothers Life, and at Will.
Also a Lease of Land is as good without Deed, as with Deed.
But in a Lease for term of Life it behoves to give Livery and Seisin upon the Land, or else nothing shall pass by the Grant, because they are called Free-holds.
Also a Lease of a Common [Page 478] or Rent may not be good without Deed.
But of a Parsonage that hath Glebe it is good without Deed, for that the Glebe of the Church, which is the principal, may well enough pass without Deed; and so the Dismes and Offerings, which are as accessary to the Church.
But Dismes and Offerings by themselves may not be let without Deed, as it is said.
Leet.
LEet is a Court derived out of the Sheriffs Tourne, and inquires of all Offences under the degree of High Treason that are committed against the Crown and Dignity of the King. But those Offences which are to be punished with loss of life or member, are only inquirable there, and to be certified over to the Iustices of Assise. See Stat. 1. E. 3. c. 16.
Legacy.
LEgacy (Legatum) is a term of the Civil Law, and it is that which we in our Law call a Devise, viz. Lands or Goods given unto any man by the Will or Testament of another. See more, Tit. Devise before.
Lessor and Lessee.
LEssor is he that leases Lands or Tenements to another [Page 479] for term of life, years, or at will: And he to whom the Lease is made is called Lessee.
Levant and Couchant.
LEvant and Couchant is said, when the Beasts or Cattel of a Stranger are come into another mans Ground, and there have remained a certain good space of time.
Levari facias.
LEvari facias is a Writ directed to the Sheriff for the Levying of a sum of mony upon the Lands, Tenements and Chattels of him that hath forfeited a Recognizance. See F. N. B. fol. 265. D.
Law.
LAw is, when an Action of Debt is brought against one upon some secret agreement or Contract had between the parties without especialty shewed, or other matter of Records; as in an Action of Detinue for some Goods or Chattels lent or left with the Defendant; then the Defendant may wage his Law, if he will, that is, swear upon a Book, and certain persons with him, that he detains not the Goods, or ows nothing to the Plaintiff, in manner and form as he hath declared
And it is allowed only in cases of Secrecy, where the [Page 480] Plaintiff cannot prove the surmise of his Suit by any Deed or Open act: for the Defendant might discharge it privily between them without any Acquittance or Publick act. And therefore in an Action of Debt upon a Lease for years, or upon Arrearages of accompt before Auditors assigned, a man shall not wage his Law.
But when one shall wage his Law, he shall bring with him vj, viij, or xij of his Neighbors, as the Court shall assign him, to swear with him, much like the Oath which they make who are used in the Civil Law, to purge others of any crime laid against them, who are called Compurgators.
Note, that the Offer to make the Oath is called Wager of Law; and when it is accomplished, then it is called the Doing of your Law.
And if the Sheriff in any Action return, that he hath summoned the Defendant to appear in Court at any day to answer the Plaintiff, at which day he makes Default; Process shall be awarded against him, to come and save, or excuse his Default; which is as much to say, as to excuse the Delay, or otherwise to lose the thing demanded: And the Defendant comes, and swears he was not summoned, which is called waging of Law; then he ought to do it at the day assigned, with xij others. And in doing of his [Page 481] Law he ought upon his Oath to affirm directly the contrary of that which is imputed to him: But the others shall onely say, They think he saith the truth.
Libel.
LIbel (Libellus) is a term of the Civil Law, signifying the Original Declaration in any Action; and so it is used in the Statutes of 2 H. 3. cap. 3. and 2 E. 6. cap. 13. And an infamous Libel signifies properly in our Law a Scandalous report of any man unlawfully published in writing: of which see Cok. lib. 5. fol. 125. a.
Liberate.
LIberate is a Warrant issuing out of the Chancery to the Treasurer, Chamberlains, and Barons of the Exchequer, or Clerk of the Hamper, &c. for the payment of any yearly Pension or other Sum granted under the Great Seal, Regist. orig. 193. Sometimes to the Sheriffs, &c. Fitzh. N. B. fol. 132. for the delivery of Lands or Goods taken upon Forfeiture of a Recognizance, F. N. B. 131, 132. Cok. lib. 4. Fulwoods Case, fol. 64, 66, 67. Also to a Gaoler from the Justices, for the delivery of a Prisoner that hath put in Bail for his Appearance.
[Page 482] There is also another Writ made out of the Petry-bag Office in Chancery, upon a Statute Staple, after an Extent thereupon retorned; by which the Sheriff retorns he has delivered the Land extended to the Cognizee; which being filed, he may then (& not before) bring his Action of Ejectment to recover possession of the Lands extended.
Libertate probanda.
LIbertate probanda. Look for that in the Title Nativo habendo.
Librata Terrae.
LIbrata Terrae contains four Ox-gangs, and every Oxgang 13 Acres of Land. Skene de verb. signif. verbo bovata Terrae.
Lien.
LIen is a word of two significations, Personal lien, and come being, Covenant or Contract: And real lien, as Judgment, Statute, Recognizance, or an Original against an Heir which oblige and affect the Land.
Ligeance.
LIgeance is a true and faithful Obedience of the Subject due to his Soveraign; and [Page 483] this Ligeance, which is an incident inseparable to every Subject, is in four manners: the first is natural, the second acquired, the third local, and the fourth legal. Of all which you may read much excellent Learning in Cok. lib. 7. Calvins Case.
Limitation.
LImitation is an Assignment of a space or time, within which he that will sue for any Lands or Hereditaments ought to prove, that he or his Ancestor was seised of the thing demanded, or otherwise he shall not maintain his Suit or Action; which Assignments are made by divers Statutes: As the Statute of Merton. cap. 8. Westm. 1. cap. 38. 32 Hen. 8. cap. 2. &c.
Livery of Seisin.
LIvery of Seisin is a Ceremony used in Conveyance of Lands and Tenements, where an Estate in Fee-simple, Feetail, or a Free-hold shall pass. And it is a Testimonial of the willing departing of him who makes the Livery from the thing whereof Livery is made. And the receiving of the Livery is a willing Acceptance by the other party of all that whereof the other hath devested himself. And it was invented as an open and notorious thing, by means [Page 484] whereof the common People might have knowledge of the Passing or Alteration of Estates from man to man, that thereby they might be the better able to try in whom the right and possession of Lands and Tenements were, if they should be impanelled in Juries, or otherwise have to do concerning the same.
The common manner of Delivery of Seisin is thus: If it be in the open Field, where is no Building or House, then one that can read takes the Writing in his hand, if the Estate pass by Deed, and declares to the standers by the cause of their meeting there together, &c. and then openly reads the Deed, or declares the effect thereof; and after that is sealed, the party who is to depart from the Ground takes the Deed in his hands, with a Clod of the earth, and a Twig or Bough, if any be there, which he delivers to the other party in the name of Possession or Seisin, according to the form and effect of the Deed there read or declared. But if there be a Dwellinghouse or Building upon the Land, then this is done at the Door of the same, none being left at that time within the House; and the party delivers all aforesaid, with the Ring of the Door, in the name of Seisin or Possession; and he that receives the Livery enters in first alone, and shuts the door, [Page 485] and presently opens it again, and lets them in, &c. If it be a House whereto is no Land or Ground, the Livery is made and Possession taken by the delivery of the Ring of the Door and Deed only. And where it is without Deed, either of Lands or Tenements, there the party declares by word of mouth, before witness, the Estate that he means to depart with, and then delivers Seisin or Possession in manner aforesaid; And so the Land or Tenement doth pass as well as by Deed, and that by force of the Livery of Seisin. It was agreed in Gray's Inne by Master Snagge, at his Reading there in Summer, Anno 1574. That if a Feoffor deliver the Deed in view of the Land, in name of Seisin, that is good, because he hath a Possession in himself. But otherwise it is of an Attorney, for he must go to the Land, and take Possession himself, before he can give Possession to another, according to the words of his Warrant, &c. And where Livery of Seisin is by View, if the Feoffee do not enter after, &c. nothi [...] g passes, for he ought to enter in Deed.
Lollards.
LOllards were Dogmatists in Religion in the times of E. 3. and H. 5. and in those times were reputed Hereticks; as appears [Page 486] by the Statutes in 5. R. 2. cap. 5. and 2 H. 5. cap. 7. Which Statutes you shall find repealed in 1 E. 6. cap. 12. and 1 El. cap. 1. They had their name (as some think) from one Gualter Lolhard a German, who lived about the year 1315. and was the first Author of this Sect.
Lord in Grosse.
LOrd in Grosse is he who is Lord without a Mannor, as the King in respect of his Crown, Fitz. Nat. Brev. fol. 5. A man makes a Gift in tail of all his Land, to hold of him, and dies; his Heir hath nothing but a Seignory in Gross.
Lotherwit.
LOtherwit is, that you may take amends of him who doth deffle your Bondwoman without your licence.
Lushburgh.
LUshburgh was a counterfeit Coin in the time of E. 3. made beyond Seas, in likeness of English Moneys, and brought in to deceive the King and his Subjects. And therefore it is declared to be Treason by the Stat. of 25 E. 3. Stat. 5. cap. 2. for any man to bring it into the Realm, knowing it to be false.
Maihem or Maime.
MAihem or Maime is, where by the wrongful act of another any Member is hurt or taken away, whereby the party is made unperfect to fight: As if a Bone be taken out of the Head, or broken in any other part of the Body, or Foot, or Hand, or Finger, or Joynt of a Foot; or any Member be cut; or by some Wound the Sinews be made to shrink, or the Fingers made crooked; or if an Eye be put out, Foreteeth broken, or any other thing hurt in a mans Body; by means whereof he is made the less able to defend himself, or offend his enemy.
But the cutting off of an Ear or Nose, or breaking of the Hinder-teeth, or such like, is no Maihem, because it is rather a deformity of Body then diminishing of Strength; and that is commonly tryed by the Justices beholding the party. And if the Justices stand [Page 488] in doubt whether the hurt be a Maihem or not, they use and will of their own discretion take the help and opinion of some skilful Chirurgeon, to consider thereof, before they determine upon the Cause.
Mainpernable.
MAinpernable: that may be mainprised or delivered to Mainpernors. See the Statute of Westm. 1. Cap. 15. what persons may be mainpernable, what not.
Mainprise.
MAinprise is, when a man is arrested by Capias, the Iudge may deliver his body to certain men to keep, and to bring before him at a certain day; and these are called Mainpernors: and if the party appear not at the day assigned, the Mainpernors shall be amerced.
Maintenance.
MAintenance is, where any man gives or delivers to another, that is Plaintif or Defendant in any Action, any sum of money or other thing to maintain his Plea, or takes great pains for him when he hath nothing therewith to do; then the party grieved shall have [Page 489] against him a Writ called a Writ of Maintenance.
Manbote.
MAnbote signifies a Pecuniary Compensation for the killing a man. Lambert.
Mandamus.
MAndamus is a Writ that goes to the Escheator for the finding of an Dffice after the death of one that died the Kings Tenant; and it is all one with the Writ of Diem clausit extremum, but that the Diem clausit extremum goes out within the year after the death, and the Mandamus goes not out till after the year, and in case where there was never any Diem clausit extremum sued out, or was not sued out with effect. Fitz. N. B. 253. B. C. See the Stat. 12 Car. 1. cap. 24.
Also there is another sort of Mandamus granted upon Motion in the Kings Bench, one to the Bishop to admit an Executor to prove a Will, or to grant Administration. Stiles Reports, 78. Another to command Corporations to restore Aldermen, and others, to Offices out of which they are unjustly put out. Look 11 Report, James Bag's Case.
Mannor.
MAnnor is compounded of divers things; as of a House, Arable Land, Pasture, Meadow, Wood, Rent, Advowson, Court-Baron, and such like, which make a Mannor. And this ought to be by long continuance of time, the contrary whereof mans memory cannot discern: for at this day a Mannor cannot be made, because a Court-Baron cannot now be made, and a Mannor cannot be without a Court-Baron, and Suiters and Freeholders, two at the least; for if all the Free-holds except one escheat to the Lord, or if he purchase all except one, there his Mannor is gon, for that it cannot be a Mannor without a Court-Baron, (as is aforesaid;) and a Court-Baron cannot be holden but before Suiters, and not before one Suiter: and therefore where but one Free-hold or Freeholder is, there cannot be a Mannor properly, although in common speech it may be so called.
Mansion.
MAnsion (Mansio) is most commonly taken for the chief Messuage or Habitation of the Lord of a Mannor, the Mannor-house where he doth most reside, his Capital Messuage, [Page 491] as it is called; of which the Wife by the Statute of Mag. Chart cap. 7. shall have her Quarentine.
Munucaptio.
MAnucaptio is a Writ that lies for him who is arrested or indicted of Felony, and offers sufficient Sureties for his Appearance; but the Sheriff, or he whom it concerns, will not suffer him to be bailed: then he shall have his Writ, to command them to suffer him to be bailed. See of this Fitz. N. B. fol. 249. G.
Manumission.
MAnumission is the making a Bond-man free, and may be in two sorts; the one is a Manumission expressed, the other a Manumission implied.
Manumission expressed is, where the Lord makes a Deed to his Villain to Infranchise him by this word ( Manumittere) which is as much to say, as to let one go out of another mans hands or power.
The manner of Manumitting or Infranchising in old time, most usually was thus: The Lord (in presence of his Neighbors) took the Bondman by the Head, saying, I will that this Man be free; and therewith shoved him forward out of his hand, and by this he was free.
[Page 492] Manumission implied without this word ( Manumitere) is, when the Lord makes an Obligation to his Villain to pay him money at a certain day, or sues him where he might enter without Suit, or grants him an Annuity, or Leases Lands to him by Deed for years, or life, and in divers like cases the Villain thereby is made free.
Marchers.
MArchers are the Noble-men dwelling on the Marches of Wales or Scotland, who in [...] imes past had their private laws, as if they had been Kings; and therefore in the Statutes of 2 H. 4. c. 28. 26 H. 8. cap. 6. 27 H. 8. cap. 26. and 1 E. 6. cap. 10. they are called Lord Marchers.
Marches.
MArches are the bounds and Limits betwixt us and Wales or Scotland, so called either from the German word ( March) which signifies a Frontire or Border; or else from the French word ( Mar (que)) that is, a Sign or Token of Distinction, these being the notorious Distinctions of two divers Countries. Of these you shall read in the Statutes of 4 H. 5. cap. 7. 22 E. 4. cap. 8. 24 H. 8. cap. 9. and others.
Marshal.
MArshal is a general word for many Officers in England: as the Lord or Earl Marshal, of whom mention is made in the Statutes of 13 R. 2. cap. 2. and 1 H. 4. c. 7. & 14. the Marshal of the Kings House, of whom you may read F. N. B. f. 241. B. and in the Statute of Artic. sup. Chart. c. 3. 18 E. 3. c. 7. 2 H. 4. c. 23. 15 H 6. c. 1. and others. There are also other inferior Marshals mentioned in our Books: as the Marshal of the Kings Bench in the Statute of 5 E. 3. c. 8. and F. N. B. f. 251. l. who hath the custody of all the Prisoners of that Court; and the Marshal of the Exchequer, mentioned in the Statute of 51 H. 3. Stat. 5. called the Statute of the Exchequer. Marshal is a French word, and is as much to say as Master of the Horse: for it seems to come of the German (Marschalk) which hath that signification.
Marshalsea.
MArshalsea is the Court or Seat of the Marshal of the Kings House, of which you may read at large in Coke l. 6. f. 20. B. & l. 10. f. 68. B. It is also taken for the Prison belonging to the Court of the Kings Bench, of which the Marshal of that Court is the Keeper: for so are the forms of the [Page 494] Bills there, that A complains of B in the custody of the Marshal of the Marshalsea of our Lord the King, &c.
Maugre.
MAugre is a word compound of two French words ( Mal) and ( Gree;) so that it is as much as to say, with an unwilling mind, or in despight of another. And so it is used in Littleton, sect. 672. where it is said, that the Husband and Wife shall be remitted maugre the Husband, that is, in despight or against the will of the Husband.
Maximes.
MAximes are the Foundations of the Law, and the Conclusions of Reason, and are Causes efficient, and certain universal Propositions so sure and perfect, that they may not be at any time Impeached or Impugned, but ought always to be observed, and holden as strong Principles and Authorities of themselves, although they cannot be proved by force of Argument or Demonstrations Logical, but are known by Induction by the way of Sense and Memory. For example, it is a Maxime, that If a man have Issue two Sons by divers women, and the one purchases Lands in Fee, and dies without issue, the other shall never be his Heir, &c.
And it is another Maxime, [Page 495] that Lands shall discend from the Father to the Son, but not from the Son to the Father, for that is an Ascension, &c. And divers such there are, whereof see Doctor and Student.
Maynour.
MAynour is, when a Thief hath stollen, and is followed with Hue and Cry, and taken, having that found about him which he stole, that is called Maynour. And so we commonly use to say, when we find one doing of an unlawful act, that we took him with the maynour or manner.
Meane.
MEane. See Mesne.
Mease.
MEase or Messuage seems to come from the French word Maison or Mansion, which is no other but a Place of abiding or habitation. And yet Messuage in our Law contains more then the very place of habitation: for a House and a Messuage differ, in that a House cannot be intended other then the matter of Building; but a Messuage shall be said all the Mansion-place, and the Curtelage shall be taken as parcel of the Messuage, 20 H. 7. Keloway, fol. 57. a. And by the name of a Messuage the Garden and [Page 496] Curtelage shall pass, Plowden, fol. 171. a.
Measondue.
MEasondue is an Appellation of divers Hospitals in this Kingdom, which are so named, Anno 2 & 3 P. & M. cap. 23. & 15 Car. 2. c. 7. And it comes of the French (Maison de Dieu) and is no more but Gods House in English.
Medietas Linguae.
MEdietas Linguae is an Inquest Impannelled upon any cause, whereof the one half is of Denizens, the other Strangers; and it is used in Pleas between parties, whereof one is a Denizen and the other a Stranger. And this manner of Trial was first given by the Statute of 27 E. 3. Stat. 2. cap. 8. And by the Statute of 28 E. 3. c. 13. it was granted in cases where the King himself was party with an Alien.
Melius inquirendo.
MElius inquirendo is a Writ directed to the Escheator for a second Inquiry to be made, when there is any doubt made of partiality in an Inquiry made upon a Diem clausit extremum after the death of the Kings Tenant. See F. N. B. f. 255. C.
Merchenlage.
MErchenlage is one of those three Laws out of which William the Conqueror framed our Common Laws with a mixture of the Laws of Normandy. And it was the Law of the Mercians, when they had the Government of the third part of this Realm.
Mesnalty.
MEsnalty is the right of the Mesne, as the Mesnalty is extinct. Old Nat. Br. f. 44.
Mesne.
MEsne is, where the Owner of Lands or Tenements holds of one by certain Services, and he holds them of another by like or other Services; then he who holds the Lands is called Tenant paravail, and he of whom it is held is called Mesne, and he of whom the Mesue holds is called chief Lord, or Lord Paramount. And in this case, if the Lord above distrains the Tenant for the Service of the Mesne, who ought to aequit him to the chief Lord, then the Tenant shall have a Writ of Mesne, so called, against the Mesne; and if he acquit not the Tenant, then the Mesne shall lose the Service of the Tenant, and shall be forejudged of his Seigniory, and the Tenant shall be [Page 498] immediate Tenant to the chief Lord, and shall do him the same Service and Suits as the Mesne did.
Messuage.
MEssuage. See Mease.
Metropolitane.
MEtropolitane, signifies the Arch-bishops, of whom Centerbury is stiled, Totius Angliae Primas & Metropol And York the like Title, without the word Totius.
Miscreant.
MIscreant is one who is perverted to Heresie, or a faise Religion. Bro. Presentation, 54.
Mise.
MIse is a French word, and signifies as much as Expensum in Latine; and it is so ordinarily used in the Entries of Iudgments in Personal Actions: when the Plaintiff recovers, the Entry is, that Recuperet damna sua to such a value, and pro misis & custagis, for Costs and Charges, so much. There is also another acception or signification of this word in the Law, where it is taken for the Issue to be tried by Battail of Grand Assise. And so it is [Page 499] used in Littleton, sect. 478. 482. and divers others, where joyning of the Mise upon the meer right is putting it in Issue, who hath the best or clearest right.
Misericordia.
MIsericordia is used in the Common Law for an Amerciament or Mulct set upon any for an offence; as where the Plaintiff or Defendant in any Action are amerced, the Entry is always, Ideo in misericordia, &c. And it is therefore called Misericordia, as Fitzh. says, N. B. fol. 75. H. for that it should be but small and less then the fault, and saving his Contenement, as the Statute of Mag. Charta, cap. 14. speaks. And therefore if a man be outragiously amerced in a Court not of Record, as in a Court-Baron, &c. there is a Writ called Moderata Misericordia to be directed to the Lord or his Baily, commanding them that they take moderate Amerciaments according to the quantity of the fault. And of that see Fitzh. N. B. fol. 75. A. and Moderata Misericordia after.
Misnomer.
MIsnomer is the Mistake of a Name, or the using of one Name for another. See Broke, tit. Misnomer.
Misprision.
MIsprision is, when one knows that another hath committed Treason or Felony, and will not discover him to the King, or his Council, or to any Magistrate, but conceals the same. Divers other offences are called Misprision: as when a Chaplain had fixed an old Seal of a Patent to a new Patent of Non-residence, this was held to be Misprision of Treason only, and no counterfeiting of the Kings Seal. So it is holden in 37 H. 8. Bro. tit. Treason 3. in Fine: but 2 H. 4. f. 25. A. it is adjudged contrary; and Stamf. Pl. cor. fol. 3. B. cites it Treason; and so it is holden at this day.
And if a man know Money to be counterfeit, and bring the same from out of Ireland hither, and utter it in payment, yet this is but Misprision of Treason, and no Treason: and so it is in divers like cases.
In all cases of Misprision of Treason, the Party offendor shall forfeit his Goods for ever, and the profits of his Lands for his life, and his Body to Prison at the Kings pleasure.
And for Misprision of Felony or Trespass, the Offendor shall be committed to Prison, until he have found Sureties or Pledges for his Fine, which [Page 501] shall be assessed by the discretion of the Iustices before whom he was convict.
And note, That in every Treason or Felony is included Misprision; and where any man hath committed Treason or Felony, the King may cause him to be Indicted and Arraigned of Misprision only, if he will. See more hereof, Stamf. lib. 1. cap. 39.
Mittimus.
MIttimus is a Writ by which Records are transferred from one Court to another: sometimes immediately, as it appears in the Statute of 5. R. 2. cap. 15. as out of the Kings Bench into the Exchequer; and sometimes by a Certiorari into the Chancery, and from thence by a Mittimus into another Court, as you may see in 28 H. 8. Dyer, fol. 29. a, b. & 29 H. 8. Dyer, fol. 32. a, b.
This word is used also for the Precept that is directed by a Iustice of Peace to a Goaler for the receiving and safe keeping of a Felon, or other Offendor, committed by the said Iustice to the Goal.
Moderata Misericordia.
MOderata Misericordia is a Writ that lies where a [Page 502] man is amerced in Court-Baton or County more then he ought to be; then he shall have this Writ directed to the Sheriff, if it be in the County, or to the Bayliff, if it be in Court-Baron, commanding them that they amerce him not but with regard to the quantity of the Trespass: and if they obey not this Writ, then shall go forth against them a Sicut alias, and Causam nobis significes, and after that an Attachment.
Modus decimandi.
MOdus decimandi is, Mony or other thing of value given annually in lie [...] of Tithes: The tryal of which appertains to the Common Law, and not to any Court-Christian. Ridley's view del Civil Law, 141. In which he says, There was one modus decimandi pro omnibus rebus per totum regnum.
Monstrans de Droit.
MOnstrans de Droit is a Suit in Chancery for the Subject to be restored to Lands and Tenements which he shews to be his Right, but are by Office found to be in the possession of another that is lately dead, by which Office the King is intitled to a Chattel, Free-hold, or Inheritance in the said Lands. And this [Page 503] Monstrans de Droit is give by the Statutes of 34 E. 3. cap. 14. and 37 E. 3. cap. 13. See Coke, lib. 4. fol. 54. B. in the Case of the Wardens and Commonalty of Sadlers.
Shewing of Deeds or Records.
SHewing of Deeds or Records is thus: An Action of Debt is brought against A upon an Obligation by B, or by Executors, &c. After the Plaintiff hath declared, he ought to shew his Obligation, and the Executor the Testament, to the Court. And so it is of Records.
And the diversity between Shewing of Deeds or Records, and Hearing of Deeds or Records, is this: He that pleads the Deed or Record, or Declares upon it, ought to shew the same; and the other against whom such Deed or Record is pleaded or declared, and is thereby to be charged, may demand hearing of the same Deed or Record, which his Adversary brings or pleads against him.
Monstraverunt.
MOnstraverunt is a Writ that lies for the Tenants in Ancient Demesne, and is directed to the Lord, him commanding not to Distain his Tenant to do other Service then he ought: and they [Page 504] may have this Writ directed to the Sheriff, that he suffer not the Lord to distrain the said Tenant to do other Service.
If the Tenants cannot be in quiet, they may have an Attachment against the Lord, to appear before the Iustices; and all the names of the Tenants shall be put in the Writ though but one of them be grieved.
Also if any Land in ancient Demesne be in variance between the Tenants, then the Tenant so grieved shall have against the other a Writ which is called of Right close, after the Custome of the Mannor; and that shall be alway brought in the Lords Court, and thereupon he shall declare in the nature of what Writ he will, as his case lies: and this Writ shall not be removed, but for a great cause, or non-power of the Court.
Also if the Lord in another place out of ancient Demesne distrain his Tenant, to do other Service then he ought, he shall have a Writ of Right, called Ne Injuste vexes; and it is a Writ of Right Patent, which shall be tried by Battel or Grand Assise.
Mortdancester.
MOrtdancester. See before in the Title Cosinage.
MOrtgage, or Morgage.
MOrtgage, or Morgage is, when a Man makes a Feoffment to another on such condition, that if the Feoffor pay the Feoffee at a certain day 40 li. of money, then the Feoffor may re-enter, &c. In this case the Feoffee is called Tenant in Morgage. And as a Man may make a Feoffment in Fee in Morgage, so he may make a Gift in Tail, or a Lease for Life or Years in Morgage. And it seems the cause why it is called Morgage is, for that it stands it doubt whether the Feoffoe will pay the mony at the day appointed or not; and if he fail, then the Land which he laid in gage upon condition of payment of the money is gone from him for ever, and so dead to him upon condition: but if he pay the mony, then is the gage dead as to the Tenant, that is, the Feoffee. And for this cause it is called in Latine, Mortuum vadium, as Littleton saith; or rather Mortuum vas, as I think.
Also if a Feoffment be made in Morgage upon condition, that if the Feoffor pay such a sum at such a day, &c. and the Feoffor dies before the day, yet if the Heir of the Feoffor pay the sum at the same day to the Feoffee, and the Feoffee refuses it, the Heir of the Feoffor may enter. But in such case [Page 506] if there be no day of payment expressed, then such Tender of the Heir is void, because when the Feoffor dies, the time of Tender is past; otherwise the Heirs of the Feoffor shall have time of Tender for ever, which would be inconvenient, that one shall have a Feesimple to him and his Heirs defeasible always at the pleasure and will of others. But in the first case the time of Tender was not expired by the death of the Feoffor.
Mortmain.
MOrtmain: where Lands are given to a House of Religion, or to other Company Incorporate by the Kings Grant, the Land is come into Mortmain, that is in English; a dead hand; and then the King or the Lord of whom the Land is holden may enter, as appears by the Statute de Religiosis. And if one make a Feoffment upon trust to certain persons to the use of a House of Religion, or to the use of any Guild or Fraternity Corporate, it shall be said Mortmain, and he shall incur the same penalty, as appears by the Statute, Anno 15 R. 2.
Mortuary.
MOrtuary is that Beast or other Chattel moveable, which, after the death of the [Page 507] owner, by the Custom of some places, became due to the Parson, Vicar, or Priest of the Parish, in lieu or satisfaction of Tithes or Offerings forgot, or not well and truly paid by him that is dead. See now the Statute of 21 H. 8. cap. 6. which [...] imits the course and order of the payment of these Mortuaries, or of money for them.
Mulier.
MUlier is a word used in our Law, but how aptly I cannot say: for, according to the proper signification, Mulier is a defiled Woman, as it is used in Ulpianus thus; Si ego me Virginem emere putarem, cum esset Mulier, emptio non valebat. Whereby you may see, Mulier is a Woman that hath had the company of a Man. But to leave the right signification, Mulier is taken in our Law for one that is lawfully begotten and born; and is always contra-distinguished with Bastard, only to shew a difference between them; as thus: A Man hath a Son of a Woman before Marriage; that is, a Bastard, and Vnlawful: and after he marries the Mother of the Bastard, and they have another Son; this second Son is called Mulier, that is to say, Lawful, and shall be Heir to his Father; but the other cannot be Heir to any [Page 508] man, because it is not known nor certain in the Iudgment of the Law who was his Father, and for that cause is said to be, No mans son, or the son of the people, and so without Father. according to these old verses;
To whom the People Father is, to him is Father none and all:
To whom the People Father is, well fatherless we may him call.
And always you shall find this addition to them, [Bastard eldest, and Mulier youngest] when they are compared together.
Muniments.
MUniments are Evidences or Writings concerning a Mans Possession or Inheritance, whereby he is able to defend the Estate which he hath. And they are fo called from the Latin word Munio, which signisies to defend or fortifie. And 35 H. 6. fol. 37. b. Wangford says, That this word Muniment includes all manner of Evidences, viz. Charters, Releases, and others.
Murage.
MUrage is a Toll or Tribute, levied for the repairing or Building of Publick Walls. See Fitz. Nat. Brev. fol. 227. D. and the Statute of 3 E. 1. cap. 30.
Murder.
MUrder is a wilful Killing a Man upon Malice forethought, and seems to come of the Saxon word Mordren, which so signifies. And Mordridus is the Murderer even until this day among them in Saxony, from whence we have most of our words, as hath been often said. Or it may be derived of Mort and dire, as Mors dira. See Stanf. Pleas of the Crown, lib. 1.
Muster.
MUster comes of the French word Monstrer, that is, to shew; for to Muster, is nothing but to shew men and their Arms and to In [...] ol them in a Book, as appears by the Statute of 18 H. 6. cap. 39.
N.
Naam.
NAam is the Attaching or Taking of the moveable Goods of another man: and is either lawful, or unlawful. Lawful Naam is a reasonable Distress according to the value of the thing for which [Page 510] the Distress is made. See mo [...] e of this in Horn's Mirror of Justices, lib. 2.
Nativo habendo.
NAtivo habendo is a Writ that lies where the Villain or Nief of the Lord is gone from him; then the Lord shall have this Writ directed to the Sheriff, to cause the Lord to have his Villain or Nief, with all his goods.
In this Writ more Villians or Niefs may not be demanded then two; but as many Villains or Niefs as will may jointly bring a Writ de Libertate probanda.
And if a Villain or Nief bring his Writ de Libertate probanda before the Lord bring this Writ, then the Villain Plaintiff shall be in peace till the coming of the Iustices, or else his Writ shall not help him.
Also if a Villain have tarried in ancient Demesne one year and a day without claim of the Lord, then he cannot seise him in the said Franchise.
Naturalization.
NAturalization. See Denizen.
Ne admittas.
NE admittas is a Writ directed to the Bishop at the Suit of one who is Patron of any Church, and he doubts that the Bishop will collate one his Clerk, or admit another Clerk presented by another man to the same Benefice: then he that doubts it shall have this Writ, to forbid the Sheriff to collate or admit any to that Church.
Negative Pregnant.
NEgative Pregnant is, when an Action, Information, or such like, is brought against one, and the Defendant pleads in Bar of the Action or otherwise a Negative Plea, which is not so special an answer to the Action, but that it includes also an Affirmative. As for example; If a Writ of Entrie en casu proviso be brought by him in the Reversion of an Alienation by the Tenant for Life, supposing that he hath aliened in Fee, (which is a Forfeiture of his Estate) and the Tenant to the Writ saith, He hath not alienated in Fee; this is a Negative, wherein is included an Affirmative; for though it be true that he hath not aliened in Fee, yet it may be he hath made an Estate in Tail, (which is also a Forfeiture) and then the Entry of him in [Page 510] [...] [Page 511] [...] [Page 512] the Reversion is lawful, &c.
Also in a Quare impedit, the King makes Title to present to a Prebend, for that the Temporalties of the Bishoprick were in his hands by the death of W. late Bishop, &c. The Defendant saith that it was not void, the Temporalties being in the Kings hand by the death of W. This is a Negative pregnant; for it may be in the Kings hands otherwise then by the death of W. and it suffices the King if it be in his hands by any means, &c.
So is it where an Information was brought in the Exchequer against J. S. for that he bought Wool of J. N. between Shearing-time and the Assūmption such a Year. The Defendant saith he did not buy any of J. N. as it is alledged, &c. This is called a Negative pregnant; for if he bought it of any other, yet he is culpable for the buying.
Neif, or Nief.
NIef is a Woman that is bound, or a Villain Woman: but if she marry a Freeman, she is thereby made free, because she and her Husband are but one person in Law, and she ought to be of the same nature and condition in Law to all intents as her Husband is; but her Husband is free to all intents without any condition in Law, or otherwise; and so by [Page 513] consequence the Wife ought to be, and is free according to the nature of her free Husband. And then if she were once free, and clearly discharged of Bondage to all intents, she cannot be Nief after without special act done by her, as Divorce, or Confession in Court of Record, and that is in savor of Liberty. And therefore a Free woman shall not be Bound by taking of a Villain to her Husband; but their Issue shall be Villains as their Father was: which is contrary to the Civil Law, for there it is said, The Birth follows the Belly.
Bondage or Villainage had beginning amongst the Hebrews, and its original of Chanaan the son of Cham, who, because he had mocked his father Noe to scorn, lying dissolutely when he was drunk, was punished in his son Chanaan with penalty of Bondage.
Ne. Injuste vexes.
NE injuste vexes. Look in the Title Monstraverunt.
Next Friend.
NExt Friend. See Prochein Amy.
Nihil dicit.
NIhil dicit is, when an Action is brought against a Man, and the Defendant appears, the Plaintiff declares, and the Defendant will not answer, or pleads to the Action, and doth not maintain his Plea, but makes Default; now upon this Default he shall be condemned, because he Saith nothing.
Nisi prius.
NIsi prius is a Writ judicial, and lies where an Enquest is empanelled and returned before the Iustices of the Bench; then the Plaintiff or Defendant may have this Writ directed to the Sheriff, commanding him to cause the Enquest to come before the Iustices in the same County at their coming, and that for the ease of the Enquest.
Nomination.
NOmination is, where one may in right of his Mannor or otherwise, nominate and appoint a worthy Clerk or man to a Parsonage, Vicarage, or such like Spiritual promotion. [...] note, that this Nomination ought to be another then the Ordinary, which other shall present him to the Ordinary.
Non-ability.
NOn-ability is, where an Action is brought against one, and the Defendant says, that the Plaintiff is disable to sue an Action, and demands Iudgment if he shall be answered. There are six causes of Non-ability in the Plaintiff: as if he be an Outlaw, or an Alien born, (but that Disability is in Actions real and mixt only, and not in Actions personal, except he be an alien enemy) or condemned in Praemunire, or professed into an Abby, Priory, or Friety, or Excommunicate, or a Villain, aud sues his Lord. But this last is no Plea for another that is not Lord to the Villain. See more hereof, Littl. l. 2. c. 11.
Non-age.
NOn-age is all that time of a mans age under 21 years in some cases, and 14 in others, as Marriage. See Broke Tit. Age.
Non-claim.
NOn-claim is the Omission or neglect of him that ought to challenge his Right within a time limitted, by which neglect he is either barred of his Right, as at this day upon Non claim within five years after a Fine and right to him accrued [Page 516] by the Statute of 4 H. 7. c. 24. or of his Entry by a discent for want of Claim within five years after the Disseisin made, by the Statute of 32 H 8. cap. 33.
Non omittas propter libertatem.
NOn omittas propter libertatem is a Writ that lies where the Sheriff returns upon a Writ to him directed, that he hath sent to the Bailiff of such a Franchise which hath Return of Writs, and he hath not served the Writ; then the Plaintiff shall have this Writ directed to the Sheriff, that he himself enter into the Franchise, and execute the Kings Writ.
Also the Sheriff shall warn the Bayliff that he be before the Iustices at the day contained in the Writ; and if he come not and excuse himself, then all the Writs judicial which shall pass out of the Kings Court during the same Plea shall be Writs De non omittas, &c. and the Sheriff shall make execution of them depending that Plea.
Non-suit.
NOn-suit is the Renouncing of a Suit by the Plaintiff or Defendant, when the matter is in probability to [Page 517] proceed, after the Tenant or Defendant hath appeared, &c. And see the Statute of 2 H. 4. c. 7. in what cases a man cannot be Non-suit; and 23 H 8. cap. 15. and 8 Eliz. c. 2. and 4 Jac. c. 3. where he that is Non-suit shall pay Costs to the Defendant.
Non sum informatus.
NOn sum informatus is a formal Answer made by an Attorny, who is commanded by the Court to say something in Defence of his Client, by which he is deemed to leave his Client undefended, and so Iudgement passes for the other party.
Novel Assignment.
NOvel assignment is, where a man brings Trespass for breaking his Close: And the Defendant justifies in a place where no Trespass was done, then the Plaintiff assigns the Close where it was; to which the Defendant may plead, Not guilty, or justifie by Title. And there are other Replications in Battery, and other Trespasses; as if the Defendant in Battery justifies by a Writ: The Plaintiff replies, that after the Retorn of it, the Plaintiff in that Suit discharged the Plaintiff out of Prison, and that the Defendant after that Imprisoned him, now the Defendant must answer to that Replication.
Bare or Naked Contract.
BAre Contract, or Naked Promise, is where a Man bargains or sells Lands or Goods, or promises to give one Money, or a Horse, or to build a House, or do such a thing at such a day, and there is no recompence appointed to him for the doing thereof; as if one say to another, I sell or give to you all my Lands or Goods, and there is nothing appointed, assigned, or agreed upon what the other shall give or pay for it, so that there is not one thing for another: this is a Naked Contract, and void in Law, and for not performance thereof no Action lies, for, Ex nudo Pacto non oritur Actio.
Nuper obiit.
NUper obiit is a Writ, and it lies where one hath many Heirs, that is, many Daughters, or many Sons, if it be in Gavelkind in Kent, and dies seised, and one Heir enters into all the Land; then the others whom he holds out shall have this Writ against the Coheir that is in. But a Writ of [...] ationabili parte lies in such ca [...] e where the Ancestor was once seised, and died not seised of the Possession, but in Revertion.
Nusance.
NUsance is, where any Man raises any Wall, or stops any Water, or doth any thing upon his own Ground to the unlawful hurt or annoyance of his neighbor; he that is grieved may have thereof an Assise of Nusance: And if he that makes the Nusance aliens the Land to another, then this Writ shall be brought against them both, as it appears by the Stat. of Westm. 2. c. 24.
It may be also by stopping Lights in an House, or causing water to run over House or Lands, for remedy whereof, an Action upon the Case or Assise lyeth.
O.
Oblations.
OBlations are what things soever are offered to God and his Church by pious and faithful Christians.
Occupant.
OCcupant, Is when a man makes a Lease to another, for the Term of the Life of a third person: The Lessee dies, [Page 520] He who first enters shall hold the land as occupant during the life of the third person; To prevent which such Leases are now made to the Lessee his heirs nnd assigns, 2 Cro. 554. Co. 6. r. 37.
Odio & Atia.
ODio & Atia is an old Writ mentioned in the Statute of Westm. 1. made in 3 E. 1. cap. 11. and it was directed to the Sheriff, to inquire whether a man committed to prison upon Suspicion of Murther were committed upon just cause of Suspicion, or for Malice only. And if upon an inquisition it were found that he were not guilty, then there came another Writ to the Sheriff to bail him. But now that course is taken away by the Statute of 28 E. 3. cap. 9. as it appears in Stamford's Pl. of the Crown, fol. 77. G. Aud see Coke, lib. 9. fol. 56. a. b.
Ordael.
ORdael is as much as to say as Not guilty, and was an ancient manner of Trial in Criminal causes: for when the Defendant, being arraigned, pleaded Not guilty, he might chuse whether he would put himself upon God and the Country, which is upon the Verdict of twelve men, as they are at this day, or upon God onely, and therefore it was called The Judgment of God, [Page 521] presuming that God would deliver the innocent; and that was, if he were of Free estate, by Fire, that is to say, to go bare-footed over nine Plow-shares fire-hot: and if he escaped unhurt, he should be acquitted, and if not, then he should be condemned. And if the party were of Servile condition, then he should be tried by Water, which was in divers manners: For which see Lambert, in the word Ordalium. But now this Trial is prohibited by Parliament. See Coke, lib. 9. fol. 32. b.
Ordelfe.
ORdelfe is, where one claims to have the Ore that is sound in his Soil or Ground.
Ordinary.
ORdinary is a term of the Civil Law, and there signifies any Iudge that hath authority to take Conusance of Causes in his own Right, and not by Deputation. But in the Common Law it is properly taken for the Bishop of the Diocess, who is the true Ordinary to certifie Excommunications, lawful Marriages, and such Ecclesiastical and Spiritual acts within his Diocess, to the Iudges of the Common Law; for he is the party to whom the Court ought to write upon such occasions. And yet the word Ordinary is usually [Page 522] taken in the Common Law and Statutes for every Commissary or Official of the Bishop or other Iudge Ecclesiastical that hath Iudicial Authority within his Iurisdictio [...] , as appears in Coke l. 9. Hensloe's C. fol. 36. b. and the Statute of Westm. 2. cap. 19. & 31 E. 3. cap. 11. and many others.
Orfgild.
ORfgild signifies a payment or restoring of Cattel, from the Sax. Orf. Pecus, and Guild Solut [...] o, Redditio.
Ouster le maine.
OUster le maine is a Writ directed to the Escheator, to deliver Seisin or Possession out of the Kings hands unto the party that sues the Writ, for that the Lands seised are not holden of the King, or for that he ought not to have the wardship of them, or for that the Kings Title is determined, &c. It is also the Iudgement given in a Monstrans de Droit, or upon a Traverse or Petition: for when it appears upon the matter discussed that the King hath no Right or Title to the thing that he seised, then Iudgment shall be given that the Kings hand be amoved; and thereupon an Amoveas manum shall be awarded to the Escheator; which is as much as if Iudgment were given [Page 523] that the party should have his Lands again. And see for this Stamf. Prerog. cap. 24.
Outfangtheef.
OUtfangtheef is, that Thieves or Felons belonging to your Land or Fee, but taken out of it, shall be brought back to your Court, and there judged.
Outlary.
OUtlary. See Utlary.
Owelty.
OWelty is, when there is Lord, Mesne, and Tenant, and the Tenant holds of the Mesne by the same Service that the Mesne holds over of the Lord above him: as if the Tenant holds of the Mesne by Homage, Fealty, and xx s. Rent, and the Mesne holds over of the Lord above by Homage, Fealty, and xx s. Rent also; this is called Owelty of Services.
Hearing of Records and Deeds, &c.
HEaring of Records and Deeds is, where an Action of Debt is brought against a man upon an Obligation, and the Defendant appears, and then prays that he may hear the Obligation [Page 524] wherewith the Plaintiff charges him.
So it is when Executors bring an Action of Debt, and the Defendant demands to hear the Testament; upon this demand it shall be read unto him. But if it be in another Term, or after the Defendant hath imparled, then he shall not hear it. And so as is said of Deeds, is to be understood of Records that are alledged against him. But in the Kings Bench the Defendant may at any time before Plea, and the Plaintiff have Oyer of Deed and Record. See the Title Monstrans de Fait.
Oyer and Terminer.
OYer and Terminer is a Writ called in Latine, de Audiendo & Terminando, and it lies where any great or sudden Insurrection is made, or any other sudden Trespass, which requires hasty Reformation; then the King shall direct a Commission to certain Iustices to hear and to determine the same.
Note, that the Iustices of Assise have also one Commission of Oyer and Terminer directed to them, and divers other Inhabitants within the Shires whereunto their Circuit extends, whereof each of the Iustices of Assise are of the Quorum, for the hearing and determining of divers Offences which may happen in their Circuit, which without this Commission they [Page 525] could not do. See Fitzh. N. B. fol. 110. b.
P.
Paine fort & dure.
PAine fort & dure is an especial Punishment for such as, being arraigned for Felony, refuse to put themselves upon the common Trial of God and the Country, and thereby are Mute, or as Mute in Law. See this at large in Stamford Pl. Cor. fol. 150.
Palace Court.
PAlace-Court, is a Court of Record, erect by King James by his Letters Patents, and held at Southwark, and is a Court of Common Law. See Marshalsea.
Pannage.
PAnnage. See Paunage.
Pannel.
PAnnel comes of the French word Panne, that is, a Skin, & signifies in our Common Law a Schedule or Roll containing the names of the Iurors which the Sheriff hath returned [Page 526] to pass upon any Trial. And therefore the Empannelling of the Iury is nothing but the entring of their Names into the Sheriffs Roll.
Pape, or Pope.
PApe (Papa) is a name that signifies Father, and anciently was applyed to other Clergy-men in the Greek Church; but by usage is particularly appropriated in the Latine Church to the Bishop of Rome: a name very frequent in our ancient Year-Books, especially in the times of those Kings, who, too much abandoning their Imperial Authority, and abasing themselves beneath their estate, suffered an Alien, an Outhlandish Bishop that dwelt 1000 miles off, to take from them the disposition of many Spiritual preferments, sometimes by Lapse, sometimes by Provision, or otherwise. For redress whereof divers Statutes were made while the Kingdom was of the Roman Communion, but his whole Poer was not taken away till towards the latter end of Henry the Eighths Reign,
Paramount.
PAramount is compounded of two French words, ( par and monter;) and it signifies in our Law the Highest Lord of the Fee. For the better [Page 527] understanding of this, see F. N. B. f. 135. M. in his Writ of Mesne.
Paraphernalia.
PAraphernalia, in Greek [...] praeter, & [...] dos. They are Goods which a Wife challengeth above her Dower. 1 Cro. Lord Hastings against Douglas.
Paravaile.
PAravaile is also compounded of two French words, ( par, and availer;) and signifies in our Law the lowest Tenant of the Fee, who is Tenant to one that helds over of another. See for the use of this word, F. N. B. in his Writ of Mesne, f. 135. M.
Parceners.
PArceners are according to the course of the Common Law, and according to Custom. Parceners according to the Common Law are, where one seised of an Estate of Inheritance of Tenements hath no Issue but Daughters, and dies, and the Tenements descend to the Daughters; then they are called Parceners, and are but as one Heir. The same Law is, if he have not any Issue, and that his Sisters should be his Heirs. But if a Man hath but one Daughter, she is not called Parcener, [Page 528] but the Daughter and Heir. And if there are no Daughters nor Sisters, the Land shall discend to the Aunts, and they are called Parceners.
When Lands discend to divers Parceners, they may make Partition between themselves by Agreement; but if any of them will not make Partition, then the others shall have a Writ de Partitione facienda directed to the Sheriff, who shall make Partition between them by the Oath of xij. lawful men of the Bailywick.
Also Partition by Agreement may be made by the Law, as well by Word without Deed, as by Deed. And if they are of full age, the Partition shall remain for ever, and shall never be defeated.
But if the Lands be to them in tail, though they are concluded during their lives, yet the Issue of him who hath the lesser part in value may disagree from the Partition; and enter and occupy in common with the other part. And if the Husbands of the Parceners make Partition, when the Husband dies the Wife may disagree from the Partition. Also if the Parcener who is within Age makes Partition, when she comes to full age she may disagree. But she must take good heed when she comes to her full Age, that she take not all the Profits to her own use of the Lands which were to her allotted; [Page 529] for then she agrees to the Partition: and the age shall alway be intended the age of one and twenty years.
If there be divers Parceners that have made Partition between them, and one of their parts is recovered by lawful Title; then she shall compel the other to make a new Partition.
Parceners according to Custom are, where a man is seised of Lands in Gavelkind, as in Kent, and other places franchised, and hath issue divers Sons, and dies; then the Sons are Parceners by Custom.
Parco fracto.
PArco fracto is a Writ that lies against him that breaks any Pound, and takes out the Beasts which are there lawfully impounded. See of this F. N. B. 100. E.
Park.
PArk is a place in which by Prescription or by the Kings Grant, a Subject preservs his Game of Beasts ferae naturae. See Stat. W. 1. 3 E. 1. cap. 20.
Parliament.
PArliament, See the Lord Cook's 4th Institutes, and Mr. Cowels Interpreter, Title Parliament.
Parson imparsonee.
PArson imparsonee is he that is in possession of a Church appropriate or presentative; for so it is used in both cases in Dyer, f. 40. b. and f. 221. b.
Parties.
PArties to a Fine or Deed are those which are named in a Deed or Fine as Parties to it; as those that levy the Fine, and they to whom the Fine is levied. And they that make a Deed of Feoffment, and they to whom it is made, are called Parties to the Deed: and so in many other like cases.
Note, that if an Iudenture be made between two as Parties thereto in the beginning, and in the Deed one of them grants or lets a thing to another who is not named in the beginning, he is not Party to the Deed, nor shall take any thing thereby.
Partition.
PArtition is a Dividing of Lands descended by the Common Law, or by Custome among Co-heirs or Parceners, where there are two at least, whether they be Sons, Daughters, Sisters, Aunts, or otherwise of kin to the Ancestor from whom the Land descended to them.
And this Partition is made [Page 531] four ways for the most part; whereof three are at pleasure and by Agreement among them, the fourth is by Compulsion.
One Partition by Agreement is, when they themselves divide the Land equally into so many parts as there are of them Coparceners, and each to chuse one share or part, the Eldest first, and so the one after the other, as they be of age; except that the eldest by consent made the Partition, then the choice belongs to the next, and so the eldest last, according as it is said, Who makes the Partition, the other must have the Choice.
Another Partition by Agreement is, when they chuse certain of their Friends to make Division for them.
The third Partition by Agreement is, by drawing Lots, thus: First, to divide the Land into so many parts as there are Parceners; then to write every part severally in a Little Scroll, or piece of Paper, or Parchment, and put the same Scroll up close into a Hat, or Cap, or other such like thing; and then each Parcener, one after another as they are in age, to draw one piece or Scroll wherein is written a part of the Land which by this Drawing is now severally alloted to them in Feesimple.
The fourth Partition, which is by Compulsion, is, when one or some of the Coparceners would have Partition, and other [Page 532] some will not agree thereto; then they that so would have Partition may bring a Writ De Partitione facienda against the others that would not make Partition, by virtue whereof they shall be compelled to part, &c.
In Kent, where the Lands are of Gavelkind-nature, they call at this day their Partition Shifting, even the same word that the Saxons used, namely Shiftan, which signifies to make Partition between Coheirs, and to assign to each of them their portion. In Latin it is called Herciscere.
Partition also may be made by Ioyntenants or Tenants in common by their assent, by Deed between them, or by Writ, by the Statutes of 31 H. 8. cap. 1. and 32 H. 8. cap. 32.
Pasport.
PAsport is a word mentioned in the Statute of 2 E. 6. cap. 2. and signifies a Licence made by any that hath authority, for the safe passage of any man from one place to another.
Patron.
PAtron is he that hath the Advowson of a Parsonage, Vicarage, Free-chappel, or such like Spiritual Promotion, belonging to his Manor, or otherwise in gross, and thereby may or ought to give the same [Page 533] Benefice, or present thereto, when and as often as it becomes void. And this being Patron, or Patronage, had beginning for the most part by one of these three ways: namely, either by reason of the Foundation, for that the Patron or his Ancestors, or those from whom he claims, were Founders or Builders of the Church; or by reason of Donation, for that they did endow or give Lands to the same for maintenance thereof; or else by reason of the Ground, because the Church was set or built upon their soil or ground: and many times by reason of all three.
Paunage or Pannage.
PAunage, or Pannage, is that mony which the Agistors of Forests do gather for the feeding of Hoggs within the Forrest: and it is also taken for all manner of Mast of trees within the Forest on which the Hogs do feed. See Manw. For. Laws, chap. 12. fol. 90. a.
Peers.
PEers are those that are impannelled in an Enquest upon any man, for the convicting or clearing him of any offence for which he is called in question. The reason of which appellation of the Iury is, for that Peers comes from the Latin Pares, that is, Equals; and the [Page 534] custome of our Nation is, to try every man by his Equals, that is to say, by his Peers. And so it appears by the Statutes of Magna Charta, cap. 29. & West. 1. cap. 6. This word is also used for the Nobility of the Realm and Lords of the Parliament, who are called the Peers of the Realm. And of that see Stamf. Pl. of the Crown, lib. 3. cap. 1. fol. 152.
Perambulatione facienda.
PErambulatione facienda is a Writ that lies where two Lordships lie one nigh another, & some Encroachment is made by long time; then, by assent of both Lords, the Sheriff shall take with him the parties and the neighbours, and shall make Perambulation, and shall make the Bounds as they were before. But if a Lord encroach upon another, and he will not make Perambulation, then the Lord so grieved shall have a Writ against the other, which is called de Rationalibus divisis.
Perjury.
PErjury is a corrupt or voluntary false Oath given in Chancery or in Evidence to a Iury upon tryal of an issue at Common Law. See Stat. 5 El. cap. 9.
Perinde valere.
PErinde valere is a term that belongs to the Ecclesiastical Law, and signifies a Dispensation granted to a Clerk who not being capable of a Benefice or other Ecclesiastical Function is de facto admitted to it. And it hath the name from the words which make the faculty as effectual to the party, as if he were actually capable of the thing for which he hath his Dispensation at the time of his admittance.
Pernor of Profits.
PErnor of Profits is he that takes the Profits. Pernor of Profits and Cestuy que use is all one, Coke, lib. 1. Casu Chudley, fol. 123.
But one may be Pernor of, &c. and not Cestuy que use by Title, but by Coven, which see Co. 5. 77, 78. Co. Entr. 698. 2 Leo. rep. 16. 2 Anderson. 25. Stat. 11. H. 6. 3.
Perpetuity.
PErpetuity is used in Law where an Estate is so designed to be settled in Tail, &c. that it cannot be undone or made void. Which the State cannot bear, as is said in the end of the case. Moo. rep. 809, 810. Co. 1. 84. 130. Co. 6. 40. & l. 8. 90.
Per quae servitia.
PEr quae servitia is a Writ Iudicial, and goes out upon the Note of a Fine; and it lies for the Conusee of a Mannor or Seigniory, to compel him that is Tenant of the Land at the time of the Fine levied to attourn to him. And of this Writ see the Old N. B. f. 170. a.
Perquisites.
PErquisites are Advantages and Profits that come to a Mannor by casualty, and not yearly; as Escheats, Harriots, Reliefs, Waifes, Estrays, Forfeitures, Amerciaments in Courts, Goods and Lands purchased by Villains of the same Mannor, Fines of Copiholds, and divers other like things that are not certain, but come by chance, sometimes more often than at other times. See Perkins, fol. 20, & 21.
Personalty
PErsonalty: as the Action is in the Personalty, that is, to say, brought against the right person, or the person against whom in Law it lies.
Petit Cape.
PEtit Cape is a Writ that lies when any Actios Real, that is to say, of Plea of Land, is brought, and the Tenant appears, and afterward makes Default; then this Petit Cape shall go forth to seise the Lands into the Kings hands. But if he appears not at the first Summons, then a Grand Cape shall go forth; and for such Defalt the Tenant shall lose the Land. But if he wage his Law of Non-summons, he shall save his Default, and then he may plead with the Demandant. And in Grand Cape the Tenant shall be summoned to answer to the Default, and farther to the Demandant: But in Petit Cape he shall be summoned to answer to the Default only, and not to the Demandant. And it is called Petit Cape, for that there is less in this Writ than in the other.
Pettybag.
PEttybag is an Office in the Court of Chancery, for Suits for and against Attorneys and Officers of that Court; And for process and proceedings by extents on Statutes, Recognizances, Ad quod dampnum, &c. Parva Baga dicitur.
Petit Serjeantie.
TO hold by Petit Serjeantie is as if a man held Lands or Tenements of the King, yielding him a Knife, a Buckler, an Arrow, a Bow without string, or other like Service, at the will of the first Feoffor; and there belongs not Ward, Marriage or Relief. And mark well, that a man may not hold by Grand or Petit Serjeanty, but of the King. See the Stat. 12. Car. 2. cap. 24.
Piccage.
PIccage is the payment of money, or the money paid for the breaking of the ground to set up Booths and Standings in Fairs.
Picle or Pitle.
PIcle, or Pitle, seems to come from the Italian Picco [...] o, Parvus, and signifies with us a little small Close or Inclosure.
Pillory.
PIllory is an Engine of punishment ordained by the Statute of 51 H. 3. for the punishment of Bakers; but now used for many other Offendors, and is called in Latine Collistrigium.
Pipowders.
PIpowders is a Court which is incident to every Fair, for the determination of differences upon Bargains and disorders therein. See more hereof Crom. Jurisd. fol. 229. Coke, lib. 10. fol. 73.
Piscary.
PIscary is a Liberty of Fishing in another mans waters, or his own.
Placard.
PLacard is word used in the Statutes of 33 H. 8. cap. 6. & 2 & 3 Ma. cap. 9. and it signifies a Licence to use unlawful Games, or to shoot in a Gun.
Plaintiff.
PLaintiff is he that sues or complains in an Assise, or in an Action personal; as in an Action of Debt, Trespass, Disceit, Detinue, and such other.
Pledges.
PLedges are Sureties either real or formal which the Plaintiff finds to prosecute his suit.
Pleading.
PLeadings are all the Sayings of the parties to Suits after the Count or Declaration; namely, that which is contained in the Bar, Replication, and Rejoynder; and not that contained in the Count it self: and therefore defaults in the matter of Count are not comprised within Mispleading, or insufficient Pleading, nor are remedied by the Statute of Jeofails, 32 H. 8. but only the Mispleading or insufficient Pleading committed in the Bar, Replication and Rejoynder, are there provided for. But see those now remedied also by the Statute of 18 Eliz. cap. 13.
Plenartie.
PLenartie is, when a Benefice is full, directly contrary to Vacation, which signifies the being void of a Benefice, Stamf. Prerog. cap. 8. fol. 32.
Plevyn. See Replevyn.
Pluralities.
PLuralities are where a Uicar or Rector has two or more Ecclesiastical Benefices, For which see Stat. 21. H. 8. cap. 13.
Policy of Assurance.
POlicy of Assurance is a course taken by Merchants for the assuring of their Adventures upon the Sea, by giving a certain proportion in the Hundred for securing the safe return of the Ship, and so much Merchandize as is agreed upon. And of this you may read in the Statute of 43 Eliz. cap. 12.
Vpon which an Action lies at the common Law, or in the Court (by the Kings Patent) sitting at the Royal Exchange in London, the Iudges of which are Civilians, common Lawyers and Merchants.
Pone.
POne is a Writ whereby a Cause depending in the County-Court is removed into the Common-Pleas. See for this Old N. B. fol. 2. a.
Pontage.
POntage is a word mentioned in many Statutes: as in Westm. 1. cap. 25. 1 H. 8. cap 9. & 39 Eliz. cap. 24. and it signifies sometimes the Contribution that is gathered for the Repairing of a Bridge; sometimes the Toll paid by the Passengers to that purpose.
Portgreve, See Viscount
Portmoot.
POrtmoot is a word used in the Statute of 43 Eliz. cap. 15. and signifies a Court kept in a Haven-Town.
Possessio Fratris.
POssessio Fratris, is where a man hath a son and a daughter by one Woman, and a son by another Venter, and dies; the first son enters and dies without Issue, the daughter shall have the Land as Heir to her brother, although the second son is Heir to the father. Litt. Sect. 8.
Possession.
POssession is twofold; either actual, or in Law.
Actual Possession is, when a man actually enters into lands or tenements to him discended, or otherwise.
Possession in Law is, when Lands or Tenements are descended to a man, and he hath not as yet really, actually, and in Deed entred into them. And it is called Possession in Law, because in the eye and consideration of the Law he is deemed to be in Possession, since he is Tenant to every mans Action that will sue concerning the same Lands or Tenements.
Postd [...] sseisin.
POstdisseisin. Look for that before in the Title Assise.
Postea.
POstea is the Record of the proceedings upon a Trial by a Writ of Nisi prius, which is returned after the Trial by the Iudge before whom it was tried into the Court where the first Suit began, to have Iudgment there given upon the Verdict: and it is called the Postea, because it begins with Postea die & loco, &c.
Poundage.
POundage is a Subsidie to the value of 12 d. in the pound, which is granted to the King by every Merchant, as well Denizen as Alien, for all manner of Merchandize carried out and brought in. And of such Subsidies see the Statute 1 & 2 Ed. 6. cap. 13. & 1 Jac. cap. 33. & 14 Car. 2. cap. 24.
Also by Stat. 29 El. cap. 4. every Sheriff is allowed poundage for levying Debt or Damages by Execution.
Pounds.
POunds are in two sorts; the one Pound open, the other close.
Pound open, is every place wherein a Distress is put, whether it be common Pound, or Back-side, Court, Yard, Pasture, or else whatsoever whereto the Owner of the Distress may come to give them meat, without offence for their being there, or his coming thither.
Pound close is such a place where the owner of the Distress may not come to give them meat without offence; as in a Close house, or whatsoever else place.
Preamble.
PReamble takes his name of the preposition ( prae) before, and the verb (ambulo) to go; so joyned together, they make the compound verb (praembulo) to go before; and hereof the first part or beginning of an Act is called the Preamble of the Act, which is a Key to open the minds of the makers of the Act, and the mischiefs which they intend to remedy by the same. As for example, the Statute made at Westm. the first, the 37 chap. which gives an Attaint, the Preamble of which is thus: Forasmuch as certain people of the Realm doubt very little to give false Verdicts or Oaths, [Page 545] which they ought not to do, whereby many people are disherited, and lose their right; It is provided, &c.
Prebend and Prebendary.
PRebend and Prebendary are terms often used in our Books, and they come of the Latine (praebeo) Prebend is that portion which every member or Canon of the Cathedral Church receives in right of his place for his maintenance: and Prebendary is he that hath such a Prebend.
Precipe or Praecipe in capite.
PRecipe in capite 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 [...] t, and from the County [Page 546] 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.
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 [Page 548] 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 [Page 549] 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 [...] . 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 [Page 551] 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 only by the Law, that is to say, by Escheat.
Privy in Right is, where one possessed of a Term for years grants his Estate to another upon Condition, and makes his [Page 552] Executors, and dies; now these Executors are Privies in Right; for if the Condition be broken, and they enter into the Land, they have it in right of their Testator, and to his use.
Privy of Blood is the Heir of the Feoffor or Donor, &c.
Also if a Fine be levied, the Heirs of them that levied the Fine are called Privies.
Privileges.
PRivileges are Liberties and Franchises granted to an Office, Place, Town, or Mannor by the Kings great Charter, Letter Patents, or Act of Parliament: as Toll, Sake, Socke, Infangtheef, Outfangtheef, Tourne, Ordelfe, and divers such like; for which look in their proper titles and places.
Also there are other privileges which the Law takes notice of, that is to say, the privileges of the Commons & Peers of the Parliament, & the privileges of Attornies & Officers of the Courts at Westm. that they shall not be sued or impleaded in another Court, but in that where they are Attornies or Officers.
Procedendo.
PRocedendo is a Writ that lies where any Action is sued in one Court, which is removed to another more high, as to the Chancery, Kings Bench, [Page 553] or Common Place, by a Writ of Priviledge or Certiorari: and if the Defendant, upon the matter shewed, have no cause of Priviledge, or if the matter in the Bill whereupon the Certiorari issued be not well proved, then the Plaintiff shall have this Procedendo, to send again the matter unto the first base Court, there to be determined.
Proces.
PRoces are the Writs and Precepts that go forth upon the Original. And in Actions real and personal there are sundry sorts of Proces: For in Actions real the Proces i [...] Grand Cape before Appearance: Therefore see of that in the [...] Petit Cape.
But in Actions personal, as in Debt, Trespass, or Detinue, the Proces is a Distress: and if the Sheriff return Nihil habet in Balliva, &c. then the Proces is Alias Capias, and Pluries and an Exigent; and they are called Capias ad respondendum. Also the Exigent shall be proclaimed five times; and if the party do not appear, he shall be outlawed. But in divers Actions there are divers manners of Proces, which at large is declared in N. B.
And there are divers other Proces after Appearance, when the parties are at Issue, to make the Enquest appear: as a Writ of Venire facias; and if they do not appear at the day, then a [Page 554] Writ of Habeas corpora Jurat', and after a Writ of Dist [...] ingas Jurat'.
And there are divers other Proces after Iudgment; as Capias ad satisfaciendum, and Capias utlagatum, &c.
Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage, then he shall be arrested by this Writ, and put in Prison without Bail or Mainprise, till he hath paid the Debt and the Dammages.
Capias utlagatum lies where one is outlawed, then he shall be taken by this Writ, and put in Prison without Bail or Mainprise, for that he had the Law in contempt.
And there are other Proces and Writs Iudicial, as Capias ad valentiam, Fieri facias, Scire facias, and many other: and therefore look for them in their Titles.
Next friend.
NExt friend is commonly taken for Gardian in Soccage, and is where a man seised of Land holden in Socage dies, his issue within age of 14 years, then the next friend, or next of kin, to whom the Lands cannot discend, shall have the keeping of the Heir, and of the Land, to the only use of the Heir until he come to the age of 14 years; and then he may enter, and put the Gardian out, and bring him to accompt: [Page 555] But in that Accompt he shall be allowed for all reasonable costs and expences bestowed either upon the Heir or his Land.
The next friend, or next of kin, to whom the Inheritance cannot discend, is thus to be understood: If the Lands discend to the Heir from his Father, or any of the kin of his Fathers side, then the Mother, or other of the Mothers side, are called the next of kin, to whom the Inheritance cannot discend; for before it shall so diseend, it shall rather escheat to the Lord of whom it is holden.
And where the Lands come to the Heir from his Mother, or any of her side, then the Father, or other of the Fathers side, are called the next of kin, to whom the Inheritance cannot discend, but shall rather escheat to the Lord of whom it is holden.
Otherwise Prochein amy is he who appears in any Court for an Infant who sues any Action, and aids the Infant to pursue his Suit: whereof see the Statutes of Westm. 1. cap. 47. and Westm. 2. cap. 15. that an Infant may not make an Atturney, but the Court may admit the next Friend for the Plaintiff, and a Gardian for the Infant Defendant as his Atturney.
Proclamation.
PRoclamation, is Notice publickly given of any thing whereof the King thinks good to advertise his Subjects: so it is used Anno 7. R. 2. c. 6.
Proclamation of Rebellion, is an open notice given by an Officer, that a man not appearing upon a Subpoena or Attachment in the Chancery, shall be reputed a Rebell, except he render himself at the day assigned. Crompt. Jurisdict. fol. 92.
And it is to be noted, that no man may make Proclamation but by authority of the King, or Majors, and such like as have proviledges in Cities and Boroughs so to do, or have it by Custom. And therefore where an Executor made Proclamations in certain Market-towns, that the Creditors should come by a certain day, and claim and prove their Debts due by the Testator, and because he did this without Authority, he was committed to the Fleet, and Fined. Brook Proclamation 10.
Procurator.
PRocurator is used for him who gathers the Fruits of a Benefice for another man, Anno 3 Ric. 2. Stat. 1. cap. 2.
Prohibition.
PRohibition is a Writ that lies where a man is impleaded in the Spiritual Court of a thing that touches not Matrimony, nor Testament, nor meerly Tithes, but the Kings Crown. This Writ shall be directed as well to the party, as to the Iudge, or his Official, to prohibit them that they pursue no farther. But if it appear afterward to the Iudges temporal, that the matter is fit to be determined in the Spiritual Court, and not in the Court Temporal, then the party shall have a Writ of Consultation, commanding the Iudges of the Court Spiritual to proceed in the first Plea.
Also there are many other Prohibitions to the Admiralty, and to other Courts of Common-Law if they exceed their power.
Properite.
PRopertie is the highest Right that a man hath or can have to any thing, which no way depends upon another mans courtesie: And this none in this Kingdom can be said to have in any Lands or Tenements, but only the King in right of his Crown, because all the Lands through the Realm are in nature of Fee, and hold mediately or immediately of [Page 558] the Town. This word nevertheless is used for such right in Lands and Tenements as common persons have in the same. And there are three manner of rights of Property: that is, Property absolute, Property qualified, and Property possessory: Of which see at large Cok. lib. 7. Case de Swans, fol. 17.
Proprietary.
PRoprietary is he that hath a Property in any thing; but is most commonly used for him who hath the Profits of a Benefice to him and his Heirs, or to himself and his Successors. as in times past Abbots and Priors had.
Protection.
PRotection is a Writ that lies where a man will pass over the Sea in the Kings service, then he shall have this Writ, whereby he shall be quit of all manner of Pleas between him and any other person. except Pleas of Dower, Quare impedit, Assise of Novel disseisin, Darrein presentment and Attaints, and Pleas before Iustices in Eyre. But there are two Writs of Protection, one cum clausula Volumus, and another cum clau [...] ula Nolumus, as appears in the Register.
But a Protectiou shall not be allowed in any Plea begun before the date of it, if it be [...] [Page 559] in Veyages where the King himself shall pass, or other Voyages Royal, or in Messages of the King of affairs of the Realm. Nor shall a Protection be allowed for Victual brought for the voyage whereof the Protection makes mention, nor in Pleas of Trespass, or of Contracts made after the date of the Protection.
Note, that any may attach or begin any Action real against him that hath such Protection, and therein proceed, until the Defendant comes and shews his Protection in the Court, and hath it allowed; and then his Plea or Suit shall go without day. But if after it appears that the party who hath the Protection goes not about the affairs for which he hath it, then the Demandant shall have a Repeal thereof. And if he go, and return after the business ended, the Demandant shall have a Resummons to recontinue the former Suit.
Protestation.
PRotestation is a form of Pleading, when any will not directly affirm, nor directly deny anything that is alledged by another, or which he himself alledges. And it is in two sorts. One is, when one pleads any thing which he dare not directly affirm, or cannot plead for doubt to make his plea double: As if in conveying to himself a [Page 560] Title to any Land, he ought to plead divers Discents by divers persons, and he dare not affirm that all they were seised at the time of their death, or although he could do it, it shall be double to plead two Discents; of both which each by it self may be a good Bar. Then the Defendant ought to plead and alledged the matter, interlacing this word protestando, as to say, that such a one died (by Protestation) seised, &c. And that is to be alledged by Protestation, and not to be traversed by the other. Another Protestation is, when one is to answer to two matters, and yet by the Law he ought to plead but to one; then in the first part of the Plea he shall say to the one matter, protestando, and non cognoscendo this matter to be true, and makes his Plea farther by these words, Sed pro placito dicit, &c. And this is for saving to the party (that so pleads by Protestation) the being concluded by any matter alledged or objected against him, upon which he cannot joyn issue; and is no other but an exclusion of the Conclusion; for he that takes the Protestation excludes the other party to conclude him. And the Protestation ought to stand with the sequel of the Plea, and not to be repugnant, or otherwise contrary.
Provendry.
PRovendry in the Church of Sarum, is called the lesser part of the Altar in the Church of St. Mary, 41 E. 3. 5. b.
Provision.
PRovision is used with us as it is in the Common Law, for providing of a Bishop or other Ecclesiastical person of an Ecclesiastical Living by the Pope before the Incumbent of it be dead; the great abuse whereof appears by several Statutes that have been made from the time of E. 3. to the reign of H. 8. for the avoiding of such Provisions. Rast. Entries. Quare impedit. Roy 17. 20.
Proviso.
PRoviso is a Condition inserted in any Deed, upon the performance whereof the validity of the Deed consists. Sometimes it is only a Covenant, whereof see Coke, lib 2. in the Lord Cromwels Case. It hath also another signification in matters judicial: as if the Plaintiff or Demandant desists from prosecuting an Action, and brings it not to Trial, then the Defendant or Tenant may take forth the Venire facias to the Sheriff, which hath in it these words, Proviso quod, &c. to this [Page 562] end, that if the Plaintiff takes out any Writ to this purpose, the Sheriff shall summon but one Iury upon them both. See Old Natura Brevium in the Writ Nisi prius, fol. 159.
Prov [...] sor. See Praemunire.
Proxy. Procuratio.
PRoxy. Procuratio is a payment to a Bishop by a Religious house, for the charges of his visitation of such Houses, Davies rep. 2.
Purchase.
PUrchase is the Possession that a man hath in Lands or Tenements by his own act, means or agreement, and not by title of Discent from any of his Ancestors. See Littl. l. 1. c. 1.
Purlue.
PUrlue is all the Ground near any Forrest, which being made Forest by Henry the second, Richard the first, or King John, was by Perambulations granted by Henry the third severed again from the same. Manwood part 2. of his Forrest Laws, c. 20. And it seems that this word is composed either of pouralle, that is, to go or walk about; or purelieu, that is, a pure place, because such Lands as were by those Kings subjected [Page 563] to the Laws and Ordinances of the Forrest, are now cleared and freed from the same: As the Civilians call that a pure place, which is not subject unto Burials; fo [...] kewise this may be called a pure place, because it is exempted from the servitude and thraldom which was formerly laid upon it.
Purlue man is he that hath Lands within the Purlieu, and being able to dispenh forty shillings by the year of Free-hold, is upon these two points licensed to hunt in his own Purlieu. Manwood, part 1. p. 151. & 177. See now the Stat. made 1 Jac. c. 27.
Purpresture.
PUrpresture is a wo [...] derived from the French [...] ourpr [...] , which signifies to take from another, and to app [...] priate to himself: and therefore a Purpresture in a general sense is taken for any such wrong done by one man to another.
Purpresture in a Forrest is every Incroachment upon the Kings Forrest, be it by Building, Inclosing, or using of any liberty without a lawful warrant so to do. And of this see Manwood in his Forrest Laws, 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 [Page 566] 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 [Page 568] 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 [Page 569] 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 hath or might have against him, Bracton l. 5. tract. 5. ca. 9. nu. 9.
Quo jure.
QUo jure is a Writ that lies where a man hath had Common of Pasture in anothers Several within the time of memory; then he to whom the Several belongs shall have this Writ to charge him to shew by what Title he claims the Common.
Quo minus.
QUo minus is a Writ that lies where a man hath granted to another Housebote and Heybote in his wood, and the Grantor makes such waste and destruction that the Grantee cannot have his reasonable Estovers; then the Grantee shall have the aforesaid Writ, which is in nature of a Writ of Waste.
And note that Housebote is certain Estovers to mend the House; and Heybote certain Estovers to mend Heyes and Hedges.
There is another Writ called a Quo [...] inus in the Exchequer, which any Termor or Debtor to the king shall have against any other for Debt or Trespass in the Excheques Office called the Common Pleas, by which the Plaintiff shall surmise, that for the wrong which the Defendant doth him, he is less able to pay the King his Debt or Term; which is surmised to give Iurisdiction to the [Page 572] Court of Exchequer to hear and determine the cause of the Suit between them, which otherwise should be determined in another Court.
Quo warranto.
QUo warranto is a Writ that lies where a man usurps to have any Franchise upon the King; then the King shall have this Writ, to make him come before his Iustices, to shew by what Title he claims such Franchise.
Quod ei deforceat.
QUod ei deforceat is a Writ that lies where Tenant in Tail, Tenant in Dower, or Tenant for Life loses by Default in any Action; then he shall have this Writ against him that recovers, or against his Heir, if he think he hath better right than he who recovered. See the Statute West. 2. cap. 4.
Quod permittat.
QUod permittat is a Writ that lies where a man is disseised of his Common of Pasture, and the Disseisor aliens or dies seised, and his Heir enters; then if the Disseisee die, his Heir shall have this Writ
Quod permittat.
| Habere | Chiminum. | Rast. Entr. 538. Co. Entr. 526. |
| Estoverium turbarum. | F. N. B. 124. | |
| Passagium ꝑ aquam. | Rast. Entr. 538. | |
| Liberam chaceam. | 2 Institut. 654. | |
| Liberum raurum. | F. N. B. 124. | |
| Liberam faldam. | Ibid. & 6. E. 4. 1. | |
| Liberam piscar. &c. | Ibidem. | |
| Prosternere | Domum, murum, sepem, | 5 Coke 100. |
| Ripam, &c. | 9 Coke 53. |
R.
Ran.
RAn signifies so open a Spoiling of a man, that it cannot be denied Lambert Arch. fol. 125.
Ranger.
RAnger comes from the French word Rang, (that is, Ordo vel Series) and signifies an Officer of the Forrest that is appointed to walk every day through the Purlieu whereof he is Ranger, to drive back the wilde Beasts into the Forrest again; to see, hear, and inquire of Offenders there, and to present their Offences. See Manwood, cap. 20. fol. 185. &c.
Ransome.
RAnsome signifies properly the Sum that is paid for the redeeming of one that is taken Captive in War. But it is also for a Sum of money paid for the pardoning of some great Offence; as in the Statute of 1 H. 4. cap. 7. and in other Statutes: Fine and Ransome going together; 23 H. 8. cap. 3. and elsewhere.
Rape.
RApe hath two significations: The first is when it is taken for part of a County; as Sussex is divided into six parts, which by a peculiar name are called Rapes, Cambd. Britan. pag. 225. and these parts in other Countries are called Hundreds, Tithings, Lathes, or Wapentakes.
In the other sense it is the violent Deflouring a Woman against her will: and this offence is Felony, as well in the Principal as in his Aidors. See 11 H. 4. c. 13. 1 Ed. 4. c. 1. West. 2. c. 13. Crōpt. Just of Peace, f. 43, 44.
Rationabili parte bonorum.
RAtionabili parte bonorum is a Writ that lies for the Wife against the Executors of her [Page 575] Husband, to have the third part of his Goods after Debts paid and Funeral expences discharged. But whether this Writ lies by the Common Law, or only by the Custom of some Countries, is a question in our Books, See F. N. B. fol. 122. L.
Rationabilibus divisis.
RAtionabilibus divisis is a Writ that lies where there are two Lordships in divers towns, and one nigh the other, and any parcel of one Lordship, or Waste, hath been incroched by little parcels; then the said Lord from whom the parcel of Ground or Waste hath been incroched shall have this Writ against the Lord that hath so incroched.
Ravishment de Gard.
RAvishment de Gard, is a Writ that lies for the Gardian by Knights Service, or in Soccage, against him that takes from him the Body of his Ward. And of this see F. N. B. fol. 140. E. &c.
Rebutter.
REbut [...] er is, when one by Deed or Fine grants to warrant any Land or Hereditament to another, and he who made the Warranty, or his Heir, s [...] es him to whom the Warranty is made, or his Heir, or Assignee, [Page 576] for the same thing: now if he who is so sued pleads the said Deed or Fine with Warranty, and demands Iudgment, if the Plaintiff shall be received to demand the thing which he ought to warrant, against that Warranty, by Fine or Deed aforesaid, comprehending such Warranty, such Pleading of the Warranty is called a Rebutter.
This word is also a denomination of a Plea which followeth a Rejoynder: And after the Rebutter followeth the Surrebutter. See Cokes Entries fol. 284.
Recaption.
REcaption is a second Distress of one former distrained for the self-same cause, and that during the Plea grounded upon the former Distress. It is also the name of the Writ or Remedy that the Law gives him who is thus twice distrained for one thing: the form and use of which Writ you may see in Fitz. N. B. fol. 71. E. &c.
Recluse.
REcluse is one that by reason of his Order in Religion may not stir or depart out of his House or Cloister. And of such Littleton speaks, sect. 434.
Recognizance.
REcognizance is an Obligation made before a Master of the Court of Chancery for a Debt, or to perform Covenants, or an Order or Decree of the Court, upon which an Extent issues if the Condition be not performed; But no Capias lies upon it against the Cognizors or his Executors, Quaere & vide 2 Len. 84.
Recordare.
REcordare is a Writ directed to the Sheriff, to remove a Cause out of an inferior Court, as a Court of Ancient Demesne, Hundred Court, or County Court, into the Kings Bench, or Common Pleas. And of this, see Fitz. N. B. fol. 70. B.
Record.
REcord is a Writing or Parchment, wherein are Enrolled Pleas of Land, or Common Pleas, Deeds or Criminal Proceedings in any Court of Record: But in Courts not of Record, as Admiralty, Courts Christian, Courts Baron, &c. Their 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, [Page 580] 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, [Page 581] 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 [Page 583] 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 [Page 584] 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 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 [Page 585] 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 [Page 586] 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. [Page 587] 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.
[Page 588] 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.
[Page 589] 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 his Father, and he shall have be no other Recovery against the Tenant or any other, because such advantage is given by the Law to the Tenant. And note, that Fealty of common right belongs to Rent service, but not to Rent charge nor Rent seck.
If a man distrain for Rent charge, and the Distress be rescued from him, and he was never seised before, he hath no recovery but by Writ of Rescous; for the Distress first taken gives not Seis [...] to him, [Page 590] unless he had the Rent before: for if he were seised of the Rent before, and after the Rent be behind, and he distrain, and Rescous be made, he shall have Assise, or a Writ of Rescous.
In every Assise of Rent charge, and annual Rent, or in a Writ of Annuity, it behoves him that brings the Writ to shew an Especialty, or else he shall not maintain the Assise. But in an Assise of Mortdancestor or Formedon in the discender or other Writs (in which Title is given or comprised) brought of Rent charge or annual Rent the Especialty need not be shewn.
And note well, that if a man grant a Rent charge to another, and the Grantee release to the Grantor parcel of the Rent, yet all that Rent is not extinct.
If Rent charge be granted to two joyntly, and the one release, yet the other shall have the half of the Rent. And if the one purchase the half of the Land whereout the Rent is going, the other shall have the half of the Rent of his companion. And if the Disseisor charge the Land to a Stranger, and the Disseisee bring an Assise and recover; the Charge is defeated. But if he that hath right charges the Land, and a Stranger feign a false Action against him who hath no right, and recovers by Default, the charge abides.
In case Partition be between [Page 591] two Parceners, and more Land be allowed to one then to the other, and she that hath most of the Land charges her Land to the other, and she happeth the Rent; she shall maintain Assise without Especialty.
And it is a Rent seck, where a man holds of me by Homage, Fealty, and other Services, yielding to me a certain yearly Rent, which I grant to another, reserving to me the other Services.
If Rent seck be granted to a man and to his Heirs, and the Rent be behind, and the Grantor die, the Heir may not distrain, nor shall recover the arrearages of the time of his Father, as it is said before of Rent services.
And in the same manner it is of Rent charge, or annual Rent. But in all these Rents the Heir may have for the arrerages in his own time such advantage as his Father had in his life. See the Statute 32 H. 8. cap. 37.
And note well, that in Rent seck, if a man be not seised of the Rent, and it be behind, he is without recovery, for that it was his own folly at the beginning, when the Rent was granted him or reserved, that he took not Seisin of it, as a peny or two pence.
A man may not have a Cessavit per biennium, or any other Writ of Entry sur Cessavit, for any Rent seck behind by two [Page 592] years, but only for Rent service, as it appears in the Stat. West. 2. cap. 21.
It behoves him that sues for Rent seck to shew a Deed to the Tenant, cise the Tenant shall not be charged with the Rent, except where the Rent seck was Rent service before; as in this case: Lord, Mesne, and Tenant, and every of them holds of other by Homage and Fealty, and the Tenant of the Mesne by 10 s. rent; the Lord paramount purchases the Lands or Tenements of the Tenant, all the Seigniory of the Mesne, but the rent is extinct: and for this cause this rent is become Rent seck, and the Rent service changed, for he may not distrain for this rent; and in this case he that demands the rent shall never be charged to shew a Deed.
Also in a Writ of Mordint-cestor, Ayle or Besayle, of rent seck, it needs not to shew a Specialty, for that these Writs of Possession comprehend a Title within themselves, that is to say, that the Ancestor was seised of the same rent, and centinued his possession, in respect of which Seisin the Law supposes that it is also averrable by the Countrey.
Yet learn, for some suppose a necessity to shew forth a Deed, because rent seck is a thing against common right, as well as rent charge.
[Page 593] But in Assise of Novel disseisin, and in a Writ of Entry sur disseisin brought of Rent seck, it is needful to shew forth a Deed; for that Rent seck is a thing against Common Right, except in the case aforesaid, where it was Rent service before, and by the act of Law it is become Rent seck.
And Assise of Novel disseisin and a Writ of Entry sur disseisin contain within them no Title, but suppose a Disseisin to be done to the Plaintiff; and by the intendment of the Law the Disseisin gives no cause of Averment against common Right, but there is a necessity to shew forth a Deed.
Repleader.
REpleader is, where the plea of the Plaintiff or Defendant, or both are ill, or an impertinent Issue joyned, then the Court makes void all the Pleas which are ill, and awards the Parties to replead. Coke Entr. 152. and 221, 224.
Replevin.
REplevin is a Writ that lies where a man is distrained for Rent or other thing, then he shall have this Writ to the Sheriff, to deliver to him the Distress, and shall find Surety to pursue his Action; and if he pursue it not, or if it be found or judged against him, [Page 594] then he that tooks the Distress shall have again the Distress, which is called the Return of the Beasts; and he shall have in such case a Writ called Returno habendo.
But if the Defendant avow for Rent, he may have Iudgment for the value of the Cattel, by the Statute of 17 Car. 2. cap. 7.
If it be in any Franchise or Bailiwick, the party shall have a Replevin of the Sheriff directed to the Bailiff of the same Franchise, to deliver them again, and he shall find Surety to pursue his Action at the next County. And this Replevin may be removed out of the County unto the Common place by Writ of Recordare.
See more of Replevin in the Title Distress.
Also see Mich. 2 E. 3. pl. 31. & 7 E. 3. 27. pl. 13. the word Plevin, where Land was taken out of the Kings hands, and are afterwards delivered or replevied out of the Kings hands. For which see Stat. 9. 3. cap. 2.
The Writ of Homine replegiando lies where a man is in Prison, and not by special commandment of the King, nor of his Iustices, nor for the death of a man, nor for the Kings Forest, nor for such cause which is not replevisable; then he shall have this Writ directed to the Sheriff, that he cause him to [Page 595] be replevied. This Writ is a Justcies, and not retornable. And if the Sheriff do it not, then there shall go forth another Writ, Sicut alias; and afterward another Writ, Sicut pluries, vel causam nobis significes, which shall be retornable. And if the Sheriff yet make no Replevin, then there shall issue an Attachment directed to the Coroners to attach the Sheriff, and to bring him before the Iustices at a certain day; and farther, that they make execution of the first Writ.
Replication.
REplication is, when the Defendant in any Action makes an Answer, and the Plaintiff replies to that; that is called the Replication of the Plaintiff.
Reprises.
REprises are Deductions, Payments and Duties that go yearly and are paid out of a Mannor; as Rent chare, Rent seck, Pensions, Corrodies, Annuities, Fees of Stewards or Bailiffts, and such like.
Reprieve.
REprieve comes from the French Repris, that is, taken back; so that to reprieve is properly to take back or [Page 596] suspe [...] d a Prisoner from the Execution and proceedings of the Law for that time.
Requests.
REquests is a Court held in the Kings Palace before the Master of the Requests by Petition, and it seems is a Court of Equity.
Rere County.
REre County is a word used in the Statutes of Westm. 2. cap. 39. and 2 E. 3. c. 5. and seems by those Statutes to be some publick place which the Sheriff appointed for the receiving of the Kings mony after his County Court was done.
Resceit.
REsceit is, when any Action is brought against the Tenant for term of life or years, and he in the Reversion comes in, and prays to be received to defend the Land, and plead with the Demandant: And when he comes, it behoves that he be alway ready to plead with the Demandant. In the same manner a Wife shall be received for the default of her Husband in an Action brought against them both. And Tenant for years shall be received to defend his Right, where, in an Action brought against the [Page 597] Tenant of the Free-hold, he pleads faintly.
Rescous.
REscous is a Writ that lies when any man takes a Distress, and another takes it again from him, and will not suffer him to carry the Disress away; this is a Rescous, upon which he may have this Writ, and shall recover dammages.
Also if one distrain Beasts for dammage Feasant in his Ground, and drives them in the High way to Impound them, and in going they enter into the House of the owner, and he withholds them there, and will not suffer the other to impound them; that withholding is a Rescous.
Also if a Sheriff takes my Debtor by an Execution, or by mesne Process, and J. S. rescue him out of the Custody of the Sheriff, I may have an Action of Rescous against J. S. for this wrong, and recover Dammages and Debt.
Reservation.
REservation is taken divers ways, and hath divers natures. As sometimes by way of exception, to keep that which a man had before in him: As if a Lease be made for years of Ground, reserving the great Trees growing upon the same, [Page 598] now the Lessee may not meddle with them, nor with any thing that comes of them, so long as it abides in or upon the Trees, as Mast of Oak, Chesnut, Apples, or such like; but if they fall from the Trees to the ground, then they are by right the Lessees; for the Ground is let to him, and all thereupon not reserved, &c.
Sometimes a Reservation doth produce and bring forth another thing which was not before: As if a man Lease his Lands, reserving yearly for the same xxli. &c. And divers other such Reservations there be.
And note, that in ancient time their Reservations were as well in Victuals, whether Flesh, Fish, Corn, Bread, Drink, or what else, as in Money, until at last, and that chiefly in the Reign of King Henry 1. by agreement the Reservation of Victuals was changed into ready Money, as it hath hitherto continued.
Residence.
REsidence comes from the Latine Residere, and is all one with Resiance, but that this word Residence is oftner appropriated to the Continuance of a Parson or Vicar upon his Church or Benefice; and so it is used in the Statute of 28 H. 8. cap. 13.
Resignation.
REsignation is, where an Incumbent of a Church resigns or leaves it to the Ordinary, who did admit him to it, or to his Successors; which differs from Surrender, since by that he to whom the Resignation is made hath no interest in the thing so resigned, but he to whom the Surrender is made hath by that the thing it self.
Restitution.
REstitution is, when a Iudgment is reversed by Error, then a Writ of Restitution shall issue, to restore to the Defendant in the Action what he hath lost. And there is a Writ of restitution of stolen goods, upon conviction of the Thief which is made at the Sessions or Assises, on the Statute of 21 H. 8. 11. Noy rep. 128.
Resummons.
REsummons is a Second Summons of a man to answer an Action, where the first Summons is defeated by the Demise of the King, or such other cause. And of this see Coke, lib. 7. fol. 29. b.
Also if a Terr-tenant returned upon a Scire facias, or Defendant in another Action plead non-age, and the Plea stays until, [Page 600] &c. When he comes of full age, the Plaintiff, upon a suggestion, may have a Scire facias or resummons: And so when a Plea is staid by pleadiny Protection, Excommunication, or such other disability.
Resumption.
REsumption is a word used in the Statute of 31 H 6. c. 7. and is there taken for the Taking again into the Kings hands such Lands or Tenements as upon false suggestion or other error he had made Livery of to an Heir, or granted by Patent to any man.
Retraxit.
REtraxit is the Preterperfect tense of Retraho, to pull back; and is, when the party Plaintiff or Demandant comes in proper person into the Court where his Plea is, and saith he will not proceed any farther in the same, &c. this will be a Bar to the Action for ever.
Reve, or Reeve.
REeve is an Officer more known in ancient time then at this day: for almost every Mannor had then a Reeve, and yet still in many Copyhold-Mannors (where the old custom [Page 601] prevails) the name and office is not altogether forgotten. And it is in effect that which now every Bayliff of a Mannor practises, although the name of Bayliff was not then in use amongst us, being siuce brought in by the Normans. But the name of Reeve, anciently called Greeve, (which Particle ( Ge) in continuance of time was altogether left out and lost) came from the Saxon word Geresa, which signifies a Ruler: And so indeed his Rule and Authority was large within the compass of his Lords Mannor, and among his men and Tenants, as well in matters of Government in peace and war, as in the skilful use and trade of Husbandry. For as he did gather his Lords Rents, pay Reprises or Duties issuing out of the Manor, set the Servants to work, fell and cut down Trees to repair the Buildings and Inclosures, with divers such like, for his Lords commodity; so also he had Authority to govern and keep the Tenants in peace, and, if need required, to lead them forth to war.
Reversion.
REversion of a Land is a certain Estate remaining in the Lessor or Donor, after the particular Estate and Possession conveyed to another by [Page 602] Lease for Life or years, or Gift in tail.
And it is called a Reversion in respect of the possession separated from it: so that he that hath the one, hath not the other at the same time; for in one body at the same time there cannot be said a Reversion, because by the uniting the one of them is drowned in the other.
And so the Reversion of Land is the Land it self when it falls.
Ribaud.
RIbaud seem to be sturdy Vagabonds. Rot. Par. 50 E. 3. 61.
Right, & Right of Entrie.
RIght, and Right of Entry. See in Droit.
Riot.
RIot is, when three (at the least) or more do some unlawful act; as to beat a man, enter upon the possession of another, or such like.
Robbery.
RObbery is, when a Man takes any thing from the person of another Feloniously; although the thing so taken be [Page 603] to the value but of a penny, yet it is Felony, for which the Offendor shall suffer death.
Rood of Land.
ROod of Land is a certain quantity of Land containing the fourth part of an Aere. Anno 5 Eliz. c. 5.
Rout.
ROut is, when people assemble themselves together, and after proceed, or ride, or go forth, or move by the instigation of one or more, who is their Leader. This is called a Rout, because they move and proceed in routs and numbers.
Also where many assemble themselves together upon their own quarrels and brawls; as if the Inhabitants of a Town will gather themselves together to break Hedges, Walls, Ditches, Pales, or such like, to have Common there, or to beat another that hath done them a common displeasure, or such like; that is a Rout, and against the Law, although they have not done or put in execution their mischievous intent. See the Stat. 1 Mar. c. 12.
S.
Sac, or Sake.
SAke is a Plea and Correction of Trespass in your Court; because Sake in English is Encheson in French, and sake is put for sick.
See Keloway in his Cases incerti temporis, f. 145. a. that the privilege called Sake is, for a man to have the Amerciaments of his Tenants in his own Court.
Sacrilege.
SAcrilege is, when one steals any Vessels, Ornaments, or Goods of Holy Church, which is Felony, 2 Cro. 153, 154.
Salary.
SAlary is a word often used in our Books, and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business. And it is so called, as Pliny says in the 31 Book of his Nat. Hist. cap. 7. because it is as necessary for a man as Salt, and makes his labor relish as Salt doth his meat.
Sanctuary.
SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors, being founded upon the Law of Mercy, and upon the great Reverence, Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege; which was heretofore so great, that the Princes have granted the same in cases of Treason committed against themselves, Murder, Rape, or other Crime whatsoever. Hereof see Stamf. Pl. of the Crown, l. 2. c. 38.
Satisfaction.
SAtisfaction is, when a Defendant hath paid a Debt or Dammages recovered against him, it behoveth him to have satisfaction, to be entred upon the Record of the Iudgment.
Sarpler.
SArpler is, a quantity of Wool, which in Scotland is called Serplath, and contains 80 stone; and with us in England a Load of Wool contains (by the opinion of some) fourscore Tod, and every Tod two Stone, and every Stone fourteen Pounds; and that a Sack of Wool is in common account equal with a Load, and a Sarpler the one half of a Sack.
Scandalum magnatum.
SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm. The punishment of which is enacted by divers Statutes, viz Westm. 1. c. 33. 2 R. 2. c. 5. & 12 R. 2. c. 11.
Scavage.
SCavage or Shewage is a Toll exacted by the Mayors, Sheriffs and Bayliffs of Cities and Towns Corporate, for wares or merchandise shewed to be sold within their precincts or jurisdiction: which Exaction, being against the priviledge of the Kings subjects, was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof.
The Mayor, &c. of London brought debt for this duty, by these words, Pro supervisu a ꝑcionis H. 18, 19 C. 2. B. R. roll 625.
Scire facias.
SCire facias is a Writ judicial going out of the record, and lies where one hath recovered Debt or Dammages in the Kings Court, and sues not to have Execution within the year and the day; then after the year and the day he shall have the said Writ to warn the party: and if [Page 607] the party come not, or if he come and say nothing to discharge or stay the Execution, then he shall have a Writ of Fieri facias directed to the Sheriff, commanding him to levy the Debt or Dammages of the goods of him that hath lost.
The Writ of Fieri facias lies within the year, without any Scire facias sued.
Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them, he may have a Writ of Elegit, commanding the Sheriff to deliver him the one half of his Lands and Goods, except his Oxen and implements of Plow.
When one hath recovered Debt or Dammages in an Action personal, (where the Preces is a Capias) he may have another Writ of Execution, called a Capias ad satisfaciendum, to take the Body of him that is so condemned, which shall be committed to prison, there to abide without Bail or mainprise, till he hath satisfied the party.
And when one hath Iudgment to recover any Lands or Tenements, he shall have a Writ called Habere facias seisinam, directed to the Sheriff, commanding him to deliver to him Seisin of the same Land so recovered. See more of that in the Titles Fieri facias, and Execution.
[Page 608] The Writ abovesaid is given by the Statute of Westm. 2. cap. 45. But there are also other manner of Scire facias; Scil. upon Audita Querela, Writs of Error as well to hear errors, as wherefore the Plaintiff ought to have Execution, against terrtenants upon Iudgments, and the like.
Scot.
SCot is, to be quit of a certain Custom, as of common Tallage made to the use of the Sheriff or Bayliff.
Scotale.
SCotale is an Extortion prohibited by the Statute of Charta de Forresta, cap. 7. and it is where any Officer of the Forrest keeps an Ale-house, to the intent that he may have the Custom of the Inhabitants within the Forrest, to come and spend their mony with him, and for that he shall wink at their Offences committed within the Forrest.
Second deliverance.
SEcond deliverance, is a Writ made by the Filacer, to deliver Cattle Distreined, after the Plaintiff is Non-suit in Replevin, Plow. Com. 274. Dyer 41.
Se defendendo.
SE defendendo is a Plea for him that is charged with the death of another, saying, that he was driven unto that which he did, in his own defence. Stamf. Pl. Cor. lib. 1. cap. 7.
Seigniory in Gross.
SEigniory in Gross. See Lord in Gross.
Selion.
SElion comes of the French Sellon; that is, the Ground rising between two Furrows, in Latine Parca a Ridge; and it is not of any certain quantity, but sometimes more, and sometimes less. And therefore Crompton in his Jurisdiction of Courts, fol. 221. saith, that a Selion cannot be demanded, because it is uncertain.
Seneshal.
SEneshal (Steward) is a French word borrowed of the Germans, and signifies one that hath the dispensing of Iustice in some particular Cases: as Stamf. Pl. of the Cor. fol. 152. B. the High Steward of England, or of the affairs of a Family, as Cromptons Jurisdiction, fol. 102. Steward of the Kings Houshold, and 25 E. 3. Stat. 5. cap. 21. and others.
[Page 610] He is also a learned man appointed by the Lord of a Mannor to hold Courts Leet or Baron. Co. 1 Inst. 58. 61.
Sequestration.
SEquestration is the Setting aside of a thing in controversie from the possessson of both those that courend for it. It is used also for the act of an Ordinary, when no man will meddle with the goods and chattels of one deceased, as 4 & 5 M. Dyer fol. 160. b. & 7 Eliz. Dyer 232. a. And so it is used also for the Gathering of fruits and profits of a Benefice void, for the use of the next Incumbent, by the Statute of 28 H. 8. cap. 11.
Knights Service.
TO hold by Knights Service is, to hold by Homage, Fealty, and Escuage; and it draws to it Ward, Marriage, and Relief.
And note, that Knights Service is Service of Lands or Tenements, to bear arms in War in defence of this Realm; and it owes Ward and Marriage, by reason that none is able, nor of power, nor may have knowledge to bear arms, before he be of the age of xxi. years. And to the end that the Lord shall not lose that which of right he ought to have, and that the power of the Realm be [Page 611] nothing weakned, the Law wills, because of his tender age, that the Lord have him and his Lands in his Ward till full age, that is to say, xxi years.
But see the Stat. 12 Car. 2. cap. 24. whereby all Tenures are turned into free and common Soccage.
Sessions.
SEssions is a Sitting of Iustices in Court upon their Commission: as the Sessions of Oyer and Terminer, Stamf. Pl. Cor. fol. 67. Quarter Sessions, otherwise called General Sessions or open Sessions, 5 El. c. 4. opposite whereunto are Privy or especial Sessions, which are procured upon some especial occasion, for the speedy expedition of Iustice, Cromp. Justice of P. fol. 110. What things are enquirable in General Sessions, see Cromp. as above, and fol. 109. Petit Sessions, or Statute Sessions, are held by the high Constables of every Hundred, for the placing of Servants. An. 5. El. cap. 4. in the end,
Severance.
SEverance is the Singling of two or more that are joyned in a Writ: As if two are joyned in a Writ De liberate probanda, and the one afterward is non-suited, in this case Seveance is permitted, so that notwithstanding the Nonsuit of [Page 612] the one, the other may alone proceed. F. N. B. fol. 78. See of this Brook, tit. Severance & Summons, fol. 238. For it is harder to know in what cases Severance is permitted, then what it is. There is also Severance in Assise, Old Book of Entries, fol. 81. col 4. And Severance in Attaint, fol. 95. col. 2. And Severance in Debt, fol. 200. col. 1. And Severance in Quare impedit, Coke, l [...] b. 5. fol. 97.
Sewers.
SEwers seems to be a word compounded of two French words, Seoir, to sit, and Eau, Water, for that the Sewers are Commissioners that sit, by virtue of their Commission and Authority grounded upon divers Statutes, to enquire of all Nusances and Offences committed by the stopping of Rivers, erecting of Mills, not repairing of Banks and Bridges, &c. and to tax and rate all whom it may concern, for the amending of all defaults which tend to the hindrance of the free passage of the Water through her old and ancient Courses. See the Statute of 6 H. 6. cap. 5. & 23 H. 8. cap. 5. for the form of their Commission.
Shack.
SHack is a peculiar name of Common used in the County of Norfolk, and Cattel go to Shack, is as much to say as to go at liberty, or to go at large. And this Common called Shack, which in the beginning was but in nature of a Feeding, because of vicinage, for avoiding of Suits, in some places within this County is by Custom altered into the nature of Common appendant or appurtenant, and in some places it retains its Original Nature. Coke, lib. 7. fol. 5.
Shewing.
SHewing is, to be quit with Attachment in any Court, and before whomsoever, in Plaints shewed, and not allowed.
Soc.
SOC is: Suit of Men in your Court, according to the custom of the Realm.
Soccage.
TO holo in Soccage is, to hold of any Lord Lands or Tenements, yeelding him a certain Rent by the year for all manner of Services.
To hold by Soccage is not to hold by Knights Service, [Page 614] nor doth Ward, Marriage, or Relief belong to it: but they shall double once their Rent after the death of their Ancestor, according to that that they be wont to pay to their Lord.
And they shall not be above measure grieved, as it appears in the Treatise of Wards and Relief.
And note well, that Soccage is in 3 manners; that is to say, Soccage in free Tenure, Soccage in ancient Tenure, and Soccage in base Tenure.
Soccage in free Tenure is, when one holds of another by Fealty and certain Rent for all manner of Services, as is before said.
And of all Lands holden in Soccage the next of kin shall have the Ward, to whom the Heritage may not discend till the age of xiv years: that is to say, if the Heritage come by the part of the Father, they of the part of the Mother shall have the Ward; and contrariwise.
If the Gardian in Soccage make waste, he shall not be impeached of waste, but he shall yield accompt to the Heir when he shall come to his full age of 21 years; for which see the Statutes of Marlebr. ca. 17.
Soccage of ancient Tenure is that where the people held in Ancient Demesne, who were wont to have no other Writ than the Writ of Right close, which was determined According to the [...] ustome [Page 615] of the Mannor, and the Monstraverunt, to discharge them when their Lord distrains them to do other Services than they ought.
This Writ of Monstraverunt ought to be brought against their Lord: and these Tenants hold all by one certain Service, and are free Tenants of Ancient Demesne.
Soccage in base Tenure is, where a man holds in Ancient Demesne, that may not have the Monstraverunt, and for that it is called the base Tenure.
Sockmans.
SOckmans are the Tenants in Ancient Demesne, that held their Lands by Soccage, that is, by Service with the Plow, and therefore they are called Sockmans, which is as much to say, as Tenants or men that hold by Service of the Plow, or Plow-men: For Sok signifies a Plow.
And these Sockmans, or Tenants in Ancient Demesne, have many and divers Liberties given and granted them by the Law, as well those Tenants that hold of a common person, as those that hold of the King in Ancient Demesne; as namely to be free from paying Toll in every Market, Fair, Town and City, throughout the whole Realm, as well for their Goods and Chartels that they sell to others, [Page 616] as for those things that they buy for their Provision. And thereupon every of them may sue to have Letters Patents under the Kings Seal, directed to his Officers, and to the Mayors, Bayitffs, and other Officers in the Realm, to suffer them to be Toll-free: to be exempt from Leets and Sheriffs Turns: also to be quit of Pontage, Murage, and Passage; as also of Taxes and Tallages granted by Parliament, except that the King tax ancient Demesne, as he may at his pleasure, for some great cause: to be free from payments toward the expences of the Knights of the Shire that come to the Parliament.
And if the Sheriff will distrain them or any of them, to be contributary for their Lands in Ancient Demesne, then one of them, or all, as the case requires, may sue a Writ directed to the Sheriff, commanding him that he do not compel them to be contributary to the expences of the Knights. And the same Writ doth command him also, that if he have already distrained them therefore, that he redeliver the same Distress.
Also that they ought not to be impannelled, nor put in Iuries and Enquests in the Country out of their Mannor or Lordship of Ancient Demesne, for the Lands that they held there, (except that [Page 617] they have other Lands at the Common Law, for which they ought to be charged.) And if the Sheriff do return in Pannels, then they may have a Writ directed to him, De non ponendis in Assisis & Juratis: And if he do the contrary, there lies an Attachment against him.
And so it is also if the Bailiffs of Franchises, that have return of Writs, will return any of the Tenants which hold in Ancient Demesue in Assises or Iuries.
Sodomy.
SOdomy, in the Indictment for this offence it is said, Rem veneream habuit & peccatum illud Sodomiticum (inter Christianos non nominandum) felonice commisit.
Spoliation.
SPoliation is a Suit for the Fruits of a Church, or for the Church it self; & it is to be sued in the Spiritual Court, and not in the Temporal. And this Suit lies for one Incumbent against another, where they both claim by one Patron, and where the right of the Patronage doth not come in question or debate. As if a Parson be created a Bishop, and hath dispensation to keep his Benefice, and afterward the Patron presents another Incumbent, which is instituted [Page 618] and inducted: now the Bishop may have against that Incumbent a Spoliation in the Spiritual Court, because they claim both by one Patron, and the right of the Patronage doth not come in debate, and because the other Incumbent came to the possession of the Benefice by the course of the Spiritual Law, that is to say, by Institution and Induction, so that he hath c [...] lour to have it, and to be Parson by the Spiritual Law: for otherwise, if he be not instituted and inducted &c. Spoliation lies not against him, but rather a Writ of Trespass, or an Assise of Novel disseisin, &c.
So it is also where a Parson who hath a Plurality doth accept another Benefice, by reason whereof the Patron presents another Clerk, who is instituted and inducted: now the one of them may have Spoliation against the other, and then shall come in debate whether he has a sufficiene Plurality or not. And so it is of Deprivation, &c.
The same law is, where one saith to the Patron, that his Clerk is dead, whereupon he presents another: there the first Incumbent, who was supposed to be dead, may have a Spoliation against the other. And so it is in divers other like cases, whereof see Fitz. Natura Br. f. 36. G. &c.
Stablestand.
STablestand is a term of the Forrest Laws, when one is sound standing in the Forrest with his Bow bent ready to shoot at any Deer, or with his Grey-hounds in a Lease ready to slip. See Manw. Forest Laws. cap. 18. fol. 133. b.
Stallage.
STallage signifies money paid for pitching Stalls in Fairs or Markets, or the right of doing it.
Standard.
STandard See Estandard.
Stannary.
STannary are Courts by ancient custom held in Cornwal for suits concerning the Trade of Tin.
Statute-Merchant.
TO hold by Statute-Merchant is, where a man acknowledges to pay mony to another at a certain day before the Mayor, Bailif, or other Warden of any Town that hath power to make execution of the same Statute, and if the Obligor pay not the Debt at the day, and nothing of his Goods, Lands or Tenements may [Page 620] be found within the Ward of the Mayor or Warden aforesaid, but in other places without, then the Recognisee shall sue the Recognisance and Obligation with a Certification to the Chancery under the Kings Seal, and he shall have out of the Chancery a Capias to the Sheriff of the County where he is, to take him, and to put him in prison, if he be not a Clerk, till he have made satisfaction for the Debt. And one quarter of a year after he is taken, he shall have his Land delivered to himself, to make gree to the party for the Debt: and he may sell his Land while he is in prison, and his sale shall be good. And if he do not make satisfaction within a quarter of a year, or if it be returned that he is not found, and if he be not a Clerk, then the Recognisee may have a Writ out of the Chancery, called Extendi facias, directed to any Sheriff, to extend his Lands and Goods, and to deliver the Goods to him, and to scise him in his Lands, to hold them to him, his Heirs and Assigns, till the Debt be levied or payed; and for that tune he is Tenant by Statute-Merchant.
Note, that in a Statute-Merchant the Recognisee shall have Execution of all the Lands which the Recognisor had the day of the Recognisance made, and any time after, [Page 621] by force of the same Statute.
And when any Waste or destruction is made by the Recognisee, his Executors, or him that hath his Estate, the Recognisor or his Heirs shall have the same Law, as is before said of the Tenant by Elegit.
If Tenant by Statute-Merchant hold over his term, he that hath right may sue against him a Venire fac' ad computandum, or else enter immediately, as upon Tenant by Elegit. See the Statute 11 E. 1. and of Acton Burnel, and 13 E. 1. De Mercatoribus
Starr-chamber.
STarr-chamber was an High Court held in the Star-Chamber at Westm. before the King, Peers and Iudges, abolished per Stat. 17 Car. cap. 10.
Sterbrech.
STerbrech, alias Strebrech, is the Breaking, Obstructing, or or making less of a Way.
Stilyard.
STilyard is a word used in the Statute of 22 H. 8. chap. 8. where the Ha [...] se-Merchants are called the Merchants of the Sti yard, which is a place in London where these Merchants or their Brotherhood had their thode. And the House is said [Page 622] to be so called, because bullt upon a Court-yard near the Thames, where Steel was wont to be much sold.
Sub poena.
SUb poena is the name of a Writ made in divers Courts of Law and Equity; viz. in Chancery, and all other Courts, to summon Witnesses, and in that Court and in the Exchequer in Law and Equity, and in the Common Pleas upon Informations, qui tam, &c. to summon Defendants and in the Crown Office upon Informations.
Suffragan.
SUffragan is a word used in the Statut of 26 H. 8. cap. 14. and signifies a Titular Bishop appointed to aid and assist the Bishop of the Diocess in his Spiritual Function. And he is called Suffraganeus in Latin, because by his Suffrage Ecclesiastical Causes are to be adjudged.
Suggestion.
SUggestion, is an Information drawn in Writing, shewing cause to have a Prohibition, which is left in Court, and is mentioned in the Statute 2 E. 6. cap. 13.
Summons ad Warrantizandum, &c.
SUmmons ad Warrantizandum, and Sequatur sub suo periculo:
See of them after in the Title Voucher.
Supercargo, ou Supracargo.
SUpercargo, ou Supracargo, is a Factor or Agent which goes with a Ship beyond the Seas, by order of the Owner of the Wares therein, and disposes thereof: And the Master of the Ship is obliged to perform the Orders of such Factor or Supereargo.
Supersedeas.
SUpersedeas is a Writ that lies in divers cases, as appears by F. N. B. f. 236. A. but it is always a command to stay some ordinary Proceedings in Law, which ought otherwise to proceed.
Supplicavit.
SUpplicavit is a Writ issuing out of the Chaucery, directed to the Sheriff and some Iustices of the Peace in the County, or to one or more Iustices without the Sheriff, for taking Surety of such a one as it is prayed against, that he should keep the Peace: and this is by the Statute of 1 E. 3. c. 16. See F. N. B. f. 80. C and see the Stat. 21 Jac. c. 8.
Sur cui in vita.
SUr cui in vita is a Writ that lies for the Heir of an Inheritrix, whose Husband aliened the Inheritance of his Wife, and the Wife died before she recovered in a Cui in vita. See for this F. N. B. 194. C.
Surplusage.
SUrplusage comes of the French Surplus, that is an Overplus, and signifies in the Law an Addition of more then needs, which sometimes is the cause that a Writ shall abate, but in pleading many times it is absolutely void, and the residue of the Plea shall stand good.
Surrejoynder.
SUrrejoynder is an Answer to the Defendants Rejoynder, [Page 625] or a second inforcing of the Plaintiffs Declaration.
Surrender.
SUrrender is the Consent of a particular Tenant, that he in the Reversion or the Remainder shall presently have the possession. And this is either Surrender in Deed by an actual yielding up of the Estate; or in Law, by the taking of the new Lease, or such other act. See of this, Perkins c. 9.
Also it is an act done to the Lord of a Mannor, or his Steward, of a Copy-hold Estate, or done by special Custom of some Mannors to two Copy-hold Tenants of Mannors, which surrender, ought to be presented at the next Court Baron.
Swainmote.
SWainmote, or Swannimote, is a Court held thrice in a year within a Forrest, by the Statute of Charta de Foresta, c. 8. for all the Free-holders of the Forrest, for so much the Etymology of the word imports; Mote in the Norman speech signifying a Court, and Swain in the Saxon a Charterer, or Free-holder: so that Swannimore is the Court of the Free-holder. See of this Manwoods Forrest Laws, cap. 23. f. 217, &c. at large.
Swainmote, in this Court, Presentments of Offences done to [Page 626] the Forrest or Game are made▪ given into the Iustices in Eyre.
Syb & Som.
SYb & Som, i. Peace and Security. L. L. Eccles. Canuti Regis, c. 17.
Symony.
SYmony is an unlawful Contract made to have a man presented to a Rectory or Vicarage, which is prohibited by Stat. 31 Eliz. cap. 6.
T.
Fee-tail.
TO hold in the Tail is, where a man holds certain Lands or Tenements to him and to his Heirs of his Body begotten.
If the Land be given to a man and to his Heires males, and he hath Issue male, he hath Fee-simple; which was adjudged in Parliament. But where Lands are given to a man and to his Heirs males of his body begotten, then he hath Fee-tale, and the issue Female shall not inherit, as appears in the 14 year of E. 3. in an Assise 18 E. 3. 45.
[Page 627] Fee-tail is, where the Land is given to a Man and the Heirs of his Body begotten; and he is called, Tenant in Taile general.
If Lands are given to the Husband and Wife, and the Heirs of their two Bodies begotten, then the Husband and the Wife are Tenants in Tail especial. And if one of them die, he that survives is Tenant in Tail after possibility of issue extinct; and if he make Waste, he shall not be impeached for it. See Littleton.
But if the King give Lands to a man & to his Heires males, and the Donee dies without issue male, then the Cousin collateral of the Donee shall not inherit, but the King shall reenter: and so it was adjudged in the Exchequer-chamber, 18 H. 8. in an Information made against the Heir of Sir T. Lovel Knight.
Tail after possibility.
TO hold in the Tail after possibility of Issue extinct is, where Land is given to a Man and his Wife, and the Heirs of their two Bodies engendred, and one of them overlives the other without issue between them begotten; he shall hold the Land for term of his own life, as Tenant in the Tail after possibility of Issue extinct: and notwithstanding that he do Waste, he shall never be Impeached [Page 628] of it. And if he alien, he in the Reversion shall not have a Writ of Entry in consimili casu, but he may enter, and his Entry is lawful, by R. Thorpe, chief Justice, 28 E. 3. 96. & 45 E. 3. 25.
Tales.
TAles is a Supply of men impannelled upon a Iury or Inquest, and not appearing, or at their appearance challenged for the Plaintiff or Defendant as not indifferent, and in this case the Iudge upon Petition grants a Supply to be made by the Sheriff, of some nien there present, equal in Reputation to those that are impanneled: 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 party. Stamf. Plac. Cor. l. 3. c. 5. Howbeit he that hath had one Tales, either upon default or challenge, though he may have another, yet he may not have the latter to contain so many as the former: for the first Tales ought to be under the number of the principal Pannel, except in a cause of Appeal, and so every Tales less then other, until the number be made up of men present in Court, and such as are without exception to the party or parties. See Stamford [Page 629] in the place before, where you may find some exceptions to this general Rule. See Brook, f. 105. and Coke, l. 10. f. 99. Bewfages Case.
Talwood.
TAlwood is a term used in the Statutes of 34 & 35 H. 8 c. 3. and 7 E. 6. c. 7. and 43 Eliz. cap. 14. and signifies such Wood as is cut into shore Billets, for the sizing whereof those Statutes were made.
Tax and Tallage.
TAx and Tallage are Payments, as Tenths, Fifteens, Subsidies, or such like, granted to the King by Parliament.
The Tenants in Ancient demesne are quit of these Taxes and Tallages granted by Parliament; except the King to tax Ancient demesne, as he may when he thinks good for some great cause. See Ancient demesne.
Tenant Paravail.
TEnant Paravail. See Paravail.
Tender.
TEnder, is an act done to save a penalty of a Bond, and of Mony for Rent or Contract before Distress or Action brought, and where it may be pleaded, and where refusal is, peremptory. Vide Coke, 1 Institut. 207, 208, 211. & uncore prist.
Tenure in Capite.
TEnure in Capite is, where any hold of the King as of his Person being King, and of his Crown, as of a Lordship by it self in gross, and in chief above all other Lordships: And not where they hold of him as of any Mannor, Honor, or Castle, except certain ancient Honors; which appears in the Exchequer. See the Stat. 12 Car. 2. cap. 24.
Term of years.
TO hold for term of years is but a Chattel in effect: [...] no Action is maintainable against the Termour for recovery of the Free-hold, no Free-hold being in him. A Lease for Term of years is a Chattel real, and all Goods which are removeable are Chattels personal.
Testament.
TEstament is thus defined in Plowdens Commentaries; A Testament is a Witness of the mind, and is compounded of these two words, Testatio and Mentis, which so signifie. Truth it is, that a Testament is witness of the mind, but that it is a compound word, Aulus Gelius, lib. 6. cap. 12. doth deny to an excellent Lawyer, Servius Sulpitius, and saith, it is a simple word, as are these, Calceamentum, Paludamentum, Paviamentum, and divers such like. And much less is Agreeamentum, a compound Word of Aggregatio and Mentium, as is said before in the Title of Agreement; for there is no such Latine word, simple or compound: but it may nevertheless serve well for a Law-Latine word.
And therefore thus it may better be defined; A Testament is the true Declaration of our last Will, in that we would to be done after our death, &c.
Of Testaments there are two sorts, namely, a Testament in Writing, and a Testament in Words, which is called a Nuncupative Testament; which is, when a Man being sick, and for fear lest death, want of memory, or speech, should come so suddenly upon him, that he should be prevented, if he staid [Page 632] the writing of his Testament, desires his Neighbors and Friends to bear witness of his last Will, and then declares the same presently by words before them, which after his decease is proved by Witnesses, and put in writing by the Ordinary, and then stands in as good force as if it had at the first in the life of the Testator been put in Writing: except onely for Lands, which are not devisable, but by a Testament put in Writing in the Life of the Testator.
Thanus.
THanus is a word which sometimes signifies a Noble-man, sometimes a Free-man, a Magistrate, an Officer or Minister, Lambert in the word Thanus Skene saith, it is a name of dignity, and appears to be equal with the son of an Earl. And Thanus was a Free-holder, holding his Lands of the King: and a man taken with the manner accused of Larceny, no sufficient proof being brought against him, must purge himself by the Oath of 27 men, or 3 Thanes. The Kings Thanage signifies a certain part of the Kings Lands or property, whereof the rule and government appertains unto him, who therefore is called Thanus: for the Kings Demains, and the Kings Thanage signifies one and the same thing.
Theftbote.
THeftbote is, when a man takes any Goods of a Thief, to favor and maintain him: and not when a man takes his own Goods, that were stoln from him, &c.
The punishment in ancient time of Theftbote was of Life and member: But now at this day Stamford saith it is punished by Ransom and Imprisonment. But enquire farther, for I think it is Felony.
Them.
THem, that is, That you shall have all the generations of your Villains, with their Suits and Cattel, wheresoever they shall be found in England, except that if any Bond-man shall remain quiet one year and a day in any Priviledged Town, so that he shall be received into their Communalty or Guild, as one of them, by that means he is delivered from Villenage.
Tithes.
TIthes. See Dismes.
Title.
TItle is, where a lawful cause is come upon a Man to have a thing which another hath, and he hath no Action for the same; as Title of Mortmain, [Page 634] or to enter for breach of Condition.
Title of Entry.
TItle of Entry is, when one seised of Land in Fee makes a Feoffment thereof upon Condition, and the Condition is broken: after which, the Feoffor hath Title to enter into the Land, and may so do at his pleasure, and by his Entry the Free-hold shall be said to be in him presently.
And it is called Title of Entry, because he cannot have a Writ of Right against his Feoffee upon Condition, for his right was out of him by the Feoffment, which cannot be reduced without Entry, and the Entry must be for the breach of the Condition.
Toft.
TOft is a place wherein a House once stood, but is now all fallen or pulled down.
Tol, or Tolne.
TOl, or Tolne, is most properly a payment used in Cities, Towns, Markets, and Fairs, for Goods and Cattel brought thither to be brought and sold: and is always to be paid by the Buyer, and not by the Seller, except there be some Custom otherwise.
[Page 635] There are divers other Tols; as Turn Tol, which is where Tol is paid for Beasts that are driven to be sold, although they be not sold indeed.
Tol travers is, where one claims to have a half peny, or such like Tol, of every Beast driven over his ground.
Through Toll is, where a Town prescribes to have certain Toll for every Beast that goes through their Town, or for every score or hundred: which seems not to be so unreasonable a Prescription or Custome as some have thought, though it be through the Kings High-way, (as they call it) where every man may lawfully go; if there be one thing for another: As if there be a Bridge, or such like commodity, provided at the cosls and charges of the Town, for the ease of Travellers that drive that way, whereby their Iourney is either shortned or bettered, why then may not Toll be lawfully and with good reason demanded of them? &c.
But divers Citizens and Townsmen are free from paying Toll, by grant of the King or his Ancestors, or do claim the same by Prescription or Custom. So also Spiritual persons and Religious men were quit of paying Toll for their Goods and Merchandizes bought and sold, &c. But now the Statute of 21 H 8. cap. 3. wills, that they shall not Merchandize.
[Page 636] Also Tenants in ancient demesne ought to be quit throughout the whole Realm of paying Tol, as appears before in the Title Sockmans. And in all cases where Tol is demanded of them that should go, buy, and sell Toll-free, there the party or parties grieved may have a Writ De essendo quietum de Tolonio, directed to him or them that so demand Toll contrary to the grant of the King or his Progenitors, or contrary to Custom or Prescription.
Tolt.
TOlt comes from the Latine tollo, and is a Writ by which a Cause depending in a Court-baron may be from thence removed into the County Court before the Sheriff. See of this Fitz. Nat. Brev. fol. 3. F. and Old Natura Brevium, fol. 2. a.
Tonnage.
TOnnage is a Custom or Impost paid unto the King for Merchandize carried out or brought in in Tuns, or such like Vessels, according to a certain rate in every Tun▪ And of this you may read in the Statutes of 12 E. 4. cap. 3. 6 H. 8. c. 14. 1 E. 6. c. 13 and 1 Jac. c. 33. but especially 12 Car. 2. cap. 4.
Totted.
TOtted is a term used in the Statute of 42 E. 3. c. 9. and signifies a Note to be made in the Estreat-Roll that goes out of the Exchequer to the Sheriff, of all such Debts as are paid unto the Sheriff, to that they be not again demanded of the party, nor the King deceived. See the Statute.
Transcript.
TRanscript, this most commonly signifies the certification of a Record upon a Writ of Error from the Kings Bench in Ireland unto the K. B. in England, or from that Court unto the Exchequer Chamber, for the Record it self is not certified, but a Transcript: But out of C. B. and other inferior Courts, the Record is quite taken away by the Writ of Error, and remains in B. R. Co. Ent. 2. 24, 37.
Travers.
TRavers sometimes signifies to Deny, sometimes to Overthrow or undo a thing done. For the first, Westm. p. 2. sect. 54. speaking of an Answer to a Bill in the Chancery, saith, It is that which the Defendant pleads or says in bar to avoid the Plaintiffs Bill or Action, either by confession and avoiding, or by denying and traversing the material points of it: And again, Sect. [Page 638] 55 A Replication is the Plaintiffs speech or Reply 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 Travers are, Without that, [...] in Latine, Absque hoc. See Kitch. fol. 227.
The other signification is found in Stamf. Prerog. cap. 20. the whole Chapter, who speaking of Traversing an Office, saith, That it is nothing else, but to prove that an Inquisition taken of Goods or Lands by the Escheator in defective, and untruly mads. So Traversing an Indictment is, to take Issue upon the chief matter of it, which is nothing else but to make contradiction or deny the point of the Indictment: As in a Presentment against A for a High-way overflows with Water, for default of scowring of 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, that is to say, That there is not any High-way there, or that the Ditch is sufficiently scowred; or otherwise he may traverse the Cause, That he hath not the Land, &c. or that he and those whose Estate, &c. have used to scowr the Ditch, Lamb. Eiren. lib. 4. pag. 521. of Travers See the whole Chapter, Kitch [Page 639] [...] ol. 240. and the Old Book of Entries, the word Travers.
Treason.
TReason is in two manners, that is to say, grand Treason, and petit Treason, as it is ordai [...] ed by the Statutes. And therefore look the Statutes, and Stamford, lib. 1. cap. 2.
Treasure trove.
TReasure trove (i. Treasure found) is, when any Money, Gold, Silver, Plate, or Bullion is found in any place, and no man knows to whom it belongs; then the Property thereof appertains to the King. But if any Mine of Metal be found in any ground, that alway pertains to the Lord of the Soil, except it be a Mine of Gold or Silver, which shall be alway to the King, in whose ground soever it be found.
Trespass.
TRespass is a Writ or Action of Trespass, whereof there are two sorts. The 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 differs from the other, because it hath not these words, Quare vi & armis, &c. Fitz N. B. fol. 85. g. The other is directed to the Sheriff also [Page 640] but is returnable in the King Bench or Common Plea, and hath always in it their words, Quare vi & armis, or else it shall abate, as it appears in Fitz. N. B. fol. 86. h: if it be not a Trespass upon the Case, and then the words Vi & armis are left out, and in lieu thereof the Writ shall say in the end of it, Contra pacem, &c as appears in Fitz. Nat. Brev. fol 92. c. And yet in some cases Trespass upon the Case shall be Vi & armis also, though not in the point of the Action, or the causa causata, yet in the Conveyance to the Action, or the causa causante, as is well distinguisht in the Count de Salops Case, in Coke lib. 9. fol. 50. b.
Trial.
TRial, there are many kinds of it: as of matters in Fact, which shall be tried by the 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 Doomsday [Page 641] 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 [...] 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 [...] 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 [Page 643] 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 [...] , 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 [Page 646] 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 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 [Page 648] 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.
[Page 649] 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 [Page 650] 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 [...] 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 [Page 651] 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 [Page 652] 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, [Page 653] 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. See Yardland.
Viscount.
VIscount is either the name of a degree or State of Honour under an Earl, and above a Baron; or else the name of a Magistrate and an Officer of great Authority, whom we commonly call ( Sheriff,) or, to speak more truly, ( Shire reve,) and was at the first called ( Shire gereve) that is, the Keeper of the Shire, or the Reeve or Ruler of the Shire; for ( Gereve) is derived of the Saxon word Gerefa, i. a Ruler.
And hereof comes ( Portreve, or Portgreve) a name in old time given to the head Officer of a Town, and signifies the Ruler of the Town; for that ( Port) coming of the Latine word ( Portus) signifies a Port-town, and ( Greve) being derived as aforesaid, signifies a Ruler: so that Portgreve, or, as we now shorter speak, a Portreve, is the Ruler of the Town.
[Page 654] And thus was the Head Officer or Governor of the City of London long since (before they had the name of Mijor or Bayliffs) called, as it doth appear in divers old Menuments, but chiefly in the Saxon Charter of William the Conquerour, which begins thus:
William the King greeteh William the Bishop, and Godfrey the Portreve, and also the Citizens that in London be, &c.
So also they of Germany (from whom we and our Language first came) call one Governor Burgreeve, another Margreeve, and another Lansgreeve, with such like, &c.
Thus much is said only to shew the right Etymon and Antiquity of the word ( Sheriff;) to which Officer our Common Law hath always given so great Trust and Authority, as to be a special Preserver of the Peace. And therefore all Obligations that he takes to that end, are Recognisances in Law.
He is a Iudge of Record when he holds the Leets or Turns, which are Courts of Record.
Also he hath the Execution and Return of Writs, and impannelling of Iuries, and such like, &c.
Uncore prist.
UNcore prist is a Plea for the Defendant in Debt upon an Obligation, who being sued because he did not pay the Debt at the day, pleads, to save the Forfeiture, that he rendred the money at the day and place, and that no Body was there to receive it; and says over, That he is yet ready to pay it. And where a man ought to plead over, that he is yet ready, and where not, see in Perkins, sect. 783, & 784. & Coke 9 book, fol. 79. a, b, in Peyto's Case.
Volunt.
VOlunt is, when the Tenant holds at the Will of the Lessor, or Lord: and that is in two manners.
One is, when I make a Lease to a man of Lands, to hold at my Will, then I may put him out at my pleasure: but if he sow the Ground, and I put him out, then he shall have his Corn, with egress and regress till it be ripe, to cut and carry it out of the ground.
Such Tenant at Will is not bound to sustain and repair the House, as Tenant for years is: But if he make wilful waste, the Lessor shall [Page 656] have against him an Action of Trespass.
Also there is another Tenant at Will of the Lord, by Copy of Court-Roll, according to the Custome of the Mannor: and such a Tenant may surrender the Land into the hands of the Lord, according to the Custom, to the use of another for Life, in fee, or in tail; and then he shall take the Land of the Lord, or his Steward, by Copy, and shall make Fine to the Lord. But if the Lord put out such a Tenant, he hath no remedy but to sue by Petition. And if such a Tenant will implead another of the Lands, &c. he ought to enter a Plaint in the Court, and shall declare in the nature of what Writ he will, as the case lies.
Voucher.
VOucher is, when a Praecipe quod reddat of Land is brought against a man, and another ought to warrant the Land to the Tenant; then the Tenant shall vouch him to Warranty, and thereupon he shall have a Writ called Summoneas ad Warrantizandum. And if the Sheriff return that he hath nothing by which he may be summoned, then there shall go forth a Writ called Sequatur sub suo periculo. And when he comes, he shall plead with the [Page 657] Demandant. And if he come not, or if he come, and cannot bar the Demandant, then the Demandant shall recover the Land against the Tenant, and the Tenant shall recover as much Land in value against the Vouchee; and thereupon shall have a Writ called Capias ad Valentiam against the Vouchee.
See more of Voucher before, in the Title of Garranty.
Uses.
USes of Land had beginning after the Custom of Property began amongst men: as where one being seised of Lands in Fee-simple, made a Feoffment to another without any Consideration, but only meaning that the other should be seised to his Use, and that he himself would take the Profits of the Lands, and that the feoffee should have the Possession and Franktenement thereof to the same use, &c.
Now after this, upon good Considerations, and to avoid divers Mischiefs and Inconveniences, was the Statute of An. 27 H. 8. c. 10. provided, which unites the Use and possession together, so that he who hath the Use of the Land, hath the Possession thereof, according to the Vse he hath therein, by virtue of that Statute.
Usurpation.
USurpation, is most commonly used when any one presents a Rector or Vicar to a Church without a good Title. Stat. Westm. 2. cap. 5. Co. 6. Rep. 51. & 11 Rep. 33.
Usury.
USury is a Gain of any thing above the Principal, or that which was lent, exacted only in Consideration of the Loan, be it as well Corn, Meat, Apparel, Wares, or such like, as Money.
And here much might be said, and many Cases put concerning Vsury, which of purpose I omit: only I wish they who account themselves Religious and good Christians, would not deceive themselves by colour of the Statute of Usury, because the Statute saith, that it shall not be lawful for any to take above xi. pound in the C. l. for a year, &c. whereby they gather ( though falsly) that they may therefore take six pounds for the Loan of an Hundred pounds with a good Conscience, because the Statute doth after a sort dispense with it (because it doth not punish such taking.) For God will have his Decrees to be kept inviolable, who saith, Lend, looking for nothing [Page 659] thereby, &c. by which words is excluded either the taking of vi. l. v. l. yea or one peny above the Principal. But rather let such think, that Statute was moved upon like cause that moved Moses to give a Bill of Divorce to the Israelites, as namely to avoid a greater mischief, and for the hardness of their hearts.
And the Statute of 21 Jac. cap. 17. hath expresly Ordained, That no word in that Law shall be Construed and Expounded to allow the practice of Vsury in point of Religion or Conscience.
By the Statute of 13 Eliz. c. 8. the Loan of Money was at 10 l. per Cent. by 21 Jac. cap. 17. at 8 l. per Cent. and now by the Statute of 12 Car. 2. c. 17. it is reduced to 6 l. per Cent.
Utlary.
UTlary is, when an Exigent goes forth against any man, to appear in any Court to make Answer to any Action or Indictment, and Proclamation made in five Counties; then if the Defendant appear not, the Coroner shall give Iudgment that he shall be out of the Protection of the King, and out of the aid of the Law.
By such an Utlary in Actions Personal, the party Outlawed shall forfeit all his Goods and Chattels to the King.
[Page 660] And by an Utlary in Felony, he shall forfeit as well all his Lands and Tenements that he hath in Fee-simple, or for term of his life, as his Goods and Chattels.
Also though a man be outlawed, yet if any Error or Discontinuance be in the Suit of the Proces, the party shall have advantage thereof, and for such cause the Vtlary shall be reversed and adnulled.
If the party Defendant be over the Sea at the time of the Vtlary pronounced, that is a good cause of Reversal.
If an Exigent be awarded against a man in one County, where he dwells not, yet an Exigent with Proclamation shall go forth to the County where he dwells; or else if he be thereupon Outlawed, the Utlary may be reversed, as it appears by the Statute An 6 & 4 H. 8 c. 4.
And if a man be outlawed in Action personal at the Suit of another, and after he Purchase his Chatter of Pardon of the King, such Charter shall never be allowed, till he hath sued a Writ of Scire facias to warn the party Plaintiff; and if he appear, then the Defendant shall answer him, and bar him of his Action, or else make Agreement with him.
Utlepe.
UTlepe signifies the Escape of Theives. Fleta, lib. 1. cap. 47.
Utrum.
UTrum is a Writ that lies when the Right of any Church is allened and holden in Lay-fee, or translated into the possession of any other Church, and the Alienor dies; then his Successor shall have the said Writ, whereof an Enquest shall be charged to try whether it be the Free alms of the Church, or Lay-fee.
And note well, that none that have Covent or Common Seal may maintain this Writ, but a Writ of Entre sine assensu Capitull, for the Alienation made by his Predecessor.
W.
Wage.
WAge is the Giving Security for the performing of any thing: as to wage Law, and to wage Deliverance, which see before in Gage. None wages Law against the King, Brook, tit. Chose en Action, num. 6. See Law.
Waife.
WAife is, when a Thief hath feloniously stolen Goods, and being nearly followed with Hue and Cry, or else overcharged with the burthen or trouble of the Goods, for his ease sake and more speedy Travelling, without Hue and Cry, flies away, and leaves the Goods or any part of them behind him, &c. then the Kings Officer, or the Reeve or Bayliff to the Lord of the Mannor, (within whose Iurisdiction or Circuit they were left) who by Prescription or Grant from the King hath the Franchise of Waife, may seise the Goods so waived to their Lords use, who may keep them as his own proper Goods, except the Owner come with fresh Suit after the [Page 663] Felon, and sue an Appeal, or give in Evidence against him at his Arraignment upon the Indictment, and he be attainted thereof, &c. In which cases the first. Owner shall have Restitution of his Goods so stollen and waived.
And though, as hath been said, Waife is properly of Goods stollen, yet it may be also of Goods not stollen: As if a man be pursued with Hue and Cry as a Felon, and he flies and leaves his own Goods, &c. these shall be taken as Goods waived, and forfeit as if they had been stollen.
But see Foxleys Case, Coke l. 4. l. 109. b. that these are not Goods waived, but Goods of Fugitives, which are not forfeited till it be found before the Coroner, or otherwise of Record, that he fled for the Felony.
Waive.
WAive is a Woman that is Outlawed; and she is called Waive, as left out or forsaken of the Law, and not an Outlaw, as a man is: for Women are not sworn in Leets to the King, nor to the Law, as men are, who therefore are within the Law; whereas Women are not, and for that cause they cannot be said Outlawed, insomuch as they never were within it. See Fitz. N. B. fol. 161. A.
[Page 664] But a man is called utlaw, because he was once sworn to the Law: And now for contempt he is put out of the Law, and is called utlaw, as one should say, without benefit of the Law.
Wapentake.
WApentake is all one with that which we call Hundred, as appears by Bract. lib. 3. tract. 2. cap. 1. num. 1. in the end. Lambert, in his Explication of Saxon Words, word Centuria, saith, That this word Wapentake is more especially used at this day in the Countries beyond the River Trent: And in the Laws of King Edward (by him set forth) num. 33. it is most plain in these words, And what the English term Hundred, the foresaid Counties call Wapentake.
The Statutes An. 3 H. 5. cap. 2. and An. 9 H. 6. cap. 10. and An. 15 H. 6. cap. 7. make mention of Stainctife Wapentake, and Friendless Wapentake in Craven in the County of York. See Roger Hoveden, part. poster. Annal. fol. 346.
Warden.
WArden is of the same signification with the French Gardein, and therefore of this see more in the Title Gardein: [Page 665] But it is the most usual word in English, for him that hath the Custody and Charge of any person or thing by Office; as Wardens of the Fellowships in London, Anno 14 H. 8. cap. 2. Warden Courts, An. 31 H. 6. c. 3. Warden of the Marches, An. 4 H. 7. cap. 8. Ferry Warden, An. 18 Eliz. c. 10. & An. 27 Eliz. c. 26. Wardens of the Peace, Anno 2 Edw. 3. c. 3. Wardens of the West Marches, Cambden Brit. p. 606. Warden of the Forrest, Manwood, part. 1. p. 111, 112. Warden of the Alnage, An. 18 H. 6. c. 16. Warden of the Kings Armor in the Tower, An. 1 E. 4. c. 1. Chief Warden of the Forrest, Manwood part. 1. pag. 42, 43. Warden of the Kings Wardrove, Anno 5 Hen. 3. Stat. 5. Wardens of the Tables of the Kings Exchange, Anno 9 Ed. 3. Stat. 2. c. 7. and Anno 9 Hen. 5. Stat. 2. cap. 4. Warden of the Rolls of the Chancery, Anno 1 Edw. 4. cap. 1, & 5. Wardens and Communalty of Lands contributory to Rochester Bridge, Anno 18 Eliz. cap. 17. and Wardens of the Stannary Courts, 4 Instit. 230.
Wardmote.
WArdmote is a term mentioned in the Stat. of 32 H. 8. c. 17. and signifies a Court that is kept in every Ward in London, and is usually [Page 666] called the Warmote-Court, or the Wardmote-Inquest.
Warrantie.
WArrantie. See Garrantie.
Warrantia chartae.
WArrantia chartae is a Writ that lies for him that is infeoffed with Warranty, and is afterward impleaded in an Assise or other Action in which he cannot vouch; then he may have this Writ against the Feoffor or his Heir, to compel them to warrant the Land unto him. And see of this Fitz. N. B. f. 134. D. See Garrantie of Charters.
Warrantia diei.
WArrantia diei is a Writ the lies in case where a man hath a day in any Action sue [...] against him to appear in prope [...] person, and the King at that day or before imploys him i [...] some service, so that he cann [...] appear at the day in Court; the [...] he may have this Writ direct [...] to the Iuistices, that they shal [...] not record them to be in Defau [...] for his not appearing. And see [...] this Fitz N. B. fol. 17. A. and [...] the form of the Writ, see G [...] vile, lib. 1. cap. 8.
Warren.
WArren is a place Priviledged by Prescription or Grant of the King, for the Preservation of Hares, Conies, Partridges and Pheasants, or any of them.
Warwit.
WArwit, (or Wardwit, as some Copies have it) is to be quit of giving money for keeping of Wards.
Wast.
WAst is, where Tenant for term or years, Tenant for life, or Tenant for term of anothers life, Tenant in Dower, or Tenant by the Curtesse, or Gardian in Chivalry, doth make Wast or Destruction upon the Land, that is to say, pulls down the House, or cuts down Timber, or suffers the House willingly to fall, or digs the Ground; then he in the Reversion shall have a Writ for that Wast, and shall recover the place where the Wast is done, and treble Dammages.
And if a Man cut down Timber without Licence, and therewith repairs old Houses, yet that is no Wast. But if he with the Timber build a new [Page 668] house, the cutting down of such Timber is Wast. Also the cutting down of Vnder-wood or Willows, which is no Timber, shall not be said to be Wast, unless they grow in the sight or shadow of the House.
Wast, by the Civil Law, is call'd Dilapidation, and for that the Executor of a Rector or Vicar are answerable in the Court Christian.
There is also a Writ of Wast, permittendo Messuagium vel domum fore in decasu & ruinosum. Co. Ent. 601.
Wharf.
WHarf is a word used in the Statute of 1 Eliz. cap. 11. and other Statutes and is a Broad place near a Crock or Hithe of water, upon which Goods and Wares are laid which are to be Ship'd and Transported from place to place.
Withernam.
WIthernam is the Taking or Driving of a Distress to a Hold, or out of the County, so that the Sheriff cannot upon Replevin make delivery thereof to the party distrained; in which case a Writ of Withernam is directed to the Sheriff for the taking of as many of his Beasts that did thus unlawfully [Page 669] distrain, or as much Goods of his, into his keeping, until he hath made deliverance of the first Distress. Also if the Beasts (be in a Fortier or Castle, the Sheriff may take with him the Power of the County, and bear down the Castle, as appears by the Statute of Westm. 1. cap. 20. Brit. cap. 27.
Woodgeld.
WOodgeld seems to be the Gathering or Cutting of Wood within the Forrest, or money paid for the same to the Foresters. And the Immunity from this by the Kings Grant is by Crompt. fol. 197. called Woodgeld.
Woodmote.
WOodmote is the old name of that Court of the Forrest which is now, since the Statute of Charta de Foresta, called the Court of Attachments, and by the Statute is held every forty days; but was wont to be held at the will of the chief Officers of the Forrest, and at no certain time. See Manwoods Forrest Laws, cap. 22. fol. 207. a.
Woolferthfod.
WOolferthfod is the condition of such who were Outlawed in the Saxons time, for not submitting themselves to Iustice: for if they could be taken alive, they should be brought to the King; and if they in fear of apprehension did defend themselves, they might be slain, and their heads brought to the King; for they carried a Woolfs Head, that is to say, their Head was no more to be accounted of than a Woolfs head, being a Beast so hurtful to man. See the Laws of King Edward by Lambert, f. 127. num. 7. & Bract. lib. 3. tract. 2. cap. 21. This is written Wulve-sheaved by Roger Hoveden, part. poster. Annal. fol. 343.
Wreck.
WReck, or Varech, (as the Normans, from whom it came, call it) is, where a Ship is perished on the Sea, and no man escapes alive out of it, and the Ship, or part of it so perished, or the Goods of the Ship, come to the Land of any Lord, the Lord shall have that as a Wreck of the Sea. But if a Man, or a Dog, or a Cat, escape alive, so that the party to whom the Goods belong, come within a year and a day, and prove the Goods to [Page 671] be his, he shall have them again, by Provision of the Statute of Westm. 1. cap. 4. made in King Edw. 1. days, who therein followed the Decree of H. 1. before whose days, if a Ship had been cast on shore, torn with Tempest, and were not repaired by such as escaped alive within a certain time, that then was taken for Wreck.
Y.
Yard-land.
YArd-land (Virgata terrae) in some Counties contains 20 Acres, in some 24, and in some 30 Acres of Land.
Abate.
ABate semble de vener del Francois Abbatre, i. rescindere, destruere, & ad pleuseurs significations. Come, abater un Chesteau ou Fortlet. (Vet. Nat. br. fo. 45.) (que) (en Westm. 1. ca. 17.) est enterprete to beat down. Et, abater un brief est pur le defaire ou renverser, per ascun Erreur, ou Exception. Britton ca. 48. Et luy (que) s'enterpose enter le prieur possesseur & son Heir, est dit abater en les Terres. Veies Abatement.
Abatement de Brief ou Plaint.
ABatement de Brief ou Plaint est, quant un Action est port per Brief ou Plaint, en que fault sufficient & bone matter, ou auterment le matter alledge nest [Page 2] certainment alledge, ou si le Plaintiff ou Defendant, ou Lieu sont misnosme, ou si la appear varience perenter le Brief & le Specialty ou Record, ou que le Brief, ou Declaration sont uncertain, ou pur mort del Plaintiff ou Defendant, ou pur divers auters semblable causes; donques sur ceux defaults le Defendant poit prier que le Brief ou Plaint abatera, cest adire, que le Suit del plaintiff envers luy cessera pur cest temps, & que il commencera auter temps son Suit, & port ū novel Brief ou Plaint, sil soit issint dispose. Mes si le Defendant en ascun Action plede un matter en Bar' pur adnuller de Action a touts jours, il ne viendra apres a pleader en Abatement de Brief; mes si apres il appiert in le Record, (que) est ascun matter apparāt pur que le Brief doit estre abate, donque le Defendant ou asc̄ auter person, ut amicus Curiae, poiet bien plede & monstre ceo in Arrest de Judgment.
Veies les titles de Brief, Misnosmer & Variance, en les Abridgements, & le Livre appel Les Digests del Briefs, en queux cest matter especialment est fort bien entreat.
Sont auxi auters matters queux abate & stay actions & Briefs, cestaseavour: Variance ent' Brief & Count.
[Page 3] Si le Plaintiff soit Alien Enemy. ( Titulo Alien.)
Pur default de nosmer le Defendant de quel Vil, ou Trade, ou degree il est, ou le Suit est per Brief.
Que le Feme Plaintiff est covert devant, ou pendant la Suit.
Que le Plaintiff ad auter Action pendant pur mesme le cause.
Que le Brie [...] est date devant le Action accrue.
Pur ceo que le [...] fendant doit estre sue euauter Court de quel il est Attorney ou Officer.
Pur ceo que la ter' est ancient demesne.
Que le matt' en Suit fuit fait sur le haut mere, en quel case l' Admiral ad Jurisdiction.
Ceux cases suisdits n' abate le Brief ou Action mes suspend le prosecution pur temps.
Si le Plaintiff en Action personel soit utlage ou convict de Recusancy, o [...] excomenge.
Sur Scire facias versus Tertenants pur debt, plea que sont auters Tenant queux oūt terrs liable a mesme le debt, queux ne sont return, siay proceeding tan (que) sont auxi return.
- [Page 4]Fault de sufficient ou bone matter.
- Le matter nest certainment alledge.
- Plaintiff, Defendant. ou Lieu. misnosme.
- Variance enter Brief, & Specialty, ou Record.
- Uncertainty del Brief, & Count, ou Declaration.
- Mort Plaintiff, ou Defendant.
Abatement en Terres.
ABatement en Terres ou Tenements est, quant un hom' morust seisie de ter' ou Tenements, & un (que) nad droit entra en mesmes devāt le Heir; cest Entry d'luy est appel un Abatement, & il un Abator. Mes si le Heir enter primes apres le mort de son Ancestor, & le auter enter sur le possession del Heir, cest dernier entry estun disseism al Heir. Vide livre de Entries, fol. 63. c. & 205. d. & 519. c. lou cest Abatmēt est appel en Latin Intrusio. Et jeo extend destre melius d' appel ceo en Latin Interpositio, ou Intratio per interpositionem, de fair difference enter ceo parol, [Page 5] & Intrusion puis le mort de le Tenant pur vie.
Abbe.
ABbe fuit le Sovereign Teste ou Principale de ceux Measons queux quant ils estoient fuerōt appel Abbeys; & cest Abbe ove les Moigns de mesme le Meason, queux fueront appel le Covent, fiere un Corporal'. Et tiel Soveraign de ascun tiel Meason ne serra charge pur le Act de son Predecessor, sil ne soit per common Seal, [...] e pur tiel chose que vient al use de son Meason. Auxy ū Abbe ne serra charge pur le det en que son Commoign fuit en det devant son entre en Religion, mesque le Creditor ad de ceo un especialty, si non que il avoit devenus al use d' son Meason: mes les Executors del Commoigne serra charge ove ceo.
Vide (que) ceo en le Abridgment, mesme title, desouth quel veies coment ascuns de ceux fueront elective, ascuns presentative; & coment fueront Prefects, & lour authority. Et en cel title sont auxy comprehend touts auters Corporations Spiritual, come Prior & son Covent, Friers & Canons, Dean & Chapter.
Abettors.
ABettors sont in divers cases diversment prise. Un kind de Abbetters sont ceux (que) maliciousment, sans droit cause ou desert, procur' aut' de suer faux Appeals de Murder ou Felony envers homes, al entent de troubler & griever eux, & pur fair eux en infamy & slander. Abettors en Murd' sont ceux (que) command, procur', counsel, ou comfort aut' de Murder. Et en ascun case tiel Abettors serront prise come Principals, & en ascun case forsque come Accessories: Issint en auter Felonies. Et lour presence a le chose fait, & lour absence d'la fuit ū difference en le case. Il y ad Abettors auxy en Treason, mes ils sont come Principals, car en Treason il ny ad ascun Accessories.
Vies pluis de ceo en le Livre appelle Les Pleas del Co [...] one, compile per le tres reverend Judge Sir W. Stamf. en les titles de Accessor [...] es, & Damages en appeal.
Abeyance.
ABeyance est quant un Lease est fait pur Term de vie, le Remainder al droit Heirs de J. S. que est en vie al temps del Grant: ore Per cest Grant le Remainder [Page 7] passa hors del Grantor maintenāt, unc' il ne vesta maintenant, ne prist effect en le Grantee cest a dire, le droit Heir d' J S. mes est dit destre en abeyance, cu, come les Logiciens appelle ceo, in potentia, ou in intellectu, &, come nous dicimus, in nubibus, cestascavoir, en le consideration de Ley, Que si J. S. morust, ayant un droit Heir en vie, & vivant le Lessee pur vie, donques ceo est un bone Remainder, & a ore veste, & vient en le dit droit Heir, en tiel sort, que il poit grant, forfeit, ou auterment dispose ceo, & cessa destre ore en abeyance pur ceo que il est un a ore de ability pur prēder ceo, pur ceo (que) J. S. est mort, & ad relinquish un droit Heir en vie; le quel ne poit estre vivant J. S. car durant son vie nul poit ꝓꝑmēt eē dit son Heir. Item si un hom' soit patron dun Esglis, & present aut' a ceo, or est le Fees des ter' ou Tenem̄ts perteignant al Rectory en le Parson: mes si le Parson morust, & le Esglise est devenus void, donque est le Fee en abeyance, tanque il soit un novel Parson present, admit & induct; car le Patron nad le Fee, mes solement le droit de presenter, & le Fee est en le Incumbent que est present, & puis son mort il nest en ascun, mes en Abeyance, tanque il soit un [Page 8] novel Incumbent, come est avant dit.
Vies Litt' Lib, 3. c. 11. fo. 145. & Perk. fo. 12.
Abishersing.
ABishersing ( & en ascun Copies Mishersing) est, quiet' esse de Amerciamentis coram quibuscunque de Transgressione probata.
Abjuration.
ABjuration est un Serement que home ou feme pregnount quant ils ount commisse Felony, & fue al Esglise, ou Cimitory, ou auter lieu priviledge, pur tuition de lour vies, eslisant pluistost perpetual Banishment hors de Royalm, que a estoyer a le Ley, & destre trie del Felony: En cel case, devant le Coroner il ferra tiel confession que poit faire sufficient enditement de Felony: donques le Coroner al Common Ley luy ferra de abjure la Realm, & assignera a luy a quel il alera, & luy jura, que il ne va hors del haut chimin, & que il ne demurra a le Port (si il poit aver bone passage) forsque un flood & un ebb; & si il ne poit aver passage, que il alera chescun jour, durant xl. jours, en le Mere a son [Page 9] genue. Mes si tiel Felon que abjure ala hors de la chimin & fua a auter lieu, si il soit prise, il serra amesne devant le Judge, & la avera judgment destre pendus.
Et sil que issint pria la priviledge ne voile abjure, donques il avera priviledge pur xl. jours, & chescun poit luy doner viand. Et si ascun done luy viand apres xl. jours, mesque il soit sa Feme, tiel doner est Felony. Auxy cestuy que abjure serra deliver per un Constable al auter, & de un Franchise al auter tanque il vient a son Port: Et si le Constable ne voit receive luy, il serra grievousment amercie. Vide Juramentum in tractatu De abjuratione Latronum.
Cest Ley fuit institute per St. Edward le Confessor, un Roy de cest Realm devant le Conquest, & fuit ground de le Ley de merce, & pur le amour & reverence que il & auters ses Successors porteront al Meason de Dieu, ou lieu de Prayers & administration de son parol & Sacraments, le quel nous appellon [...] s Esglise. Nota, ces Ley est ore change per Statutes 21 H. 8. cap. 2. 22 H. 8. cap. 14. & 32 H. 8. cap. 12. per queux appiert, que il a cel jour ne abjurera le Realm, mes tout son liberty de cest Realm & tout son liberal & [Page 10] frank habitations, resorts, & passage de touts lieux de cest Realm, a un certain lieu en cel Realm a ceo limit per 32. H. 8. [...]. 13. & 33 H. 8. c. 15. Vide plus in Stamf. li. 2. c. 10. & vide ore le Stat. 1 Jac. c. 25. & 21 Jac. c. 28. pur repeal de touts Statues (que) concern persons (que) abjure, & le toller des touts Sanctuaries.
Veies Stat. de 35 El. cap. 1, 2. pur Abjuration de Recusants, & Stat. 1 Jac. cap. 25.
Abridgement de Plaint ou Demand.
ABridgement de Plaint ou Demand est lou un port un Assise, Brief de Dower, brief de Gard, ou tiel semblables: en queux cases pur ceo (que) le brief de Assise est, de libero tenemento, come en brief de Dower, le brief est, Rationabilem dotem quae contingit de libero tenemento W. son baron, & en un brief de Gard le brief est, Custod' terrarum & haeredis, &c. sans monstre ascun auter certainty en les Briefs; mes en le Plaint del Assise, ou Demand en le brief de Dower, & en le Count en brief de Gard, le Plaintiff ou Demandant monstra le certainty des acres ou parcels de Terre: la si le Tenant plead Nontenure, ou Joyntenancy, ou ascun auter tiel semblable plea, a parcel del ter' demād, [Page 11] ē abatem̄t del brēle Plaintst ou Demandant poit abridger son Plaint ou Demand al cest parcel, cest adire, il poit omit hors cest part, & prie que le Tenant responder̄ al rest, aq̄ il ne ad unc̄ plede ascun chose. Le cause est, p̄ ceo q̄ en tielx Briefs le certainty nest mis, mes est generalment: & nient obstant le Demandant ad abridge son Plaint ou Demand en part, uncore le Brief demurre bone pur le residue.
Accedas ad Curiam.
ACcedas ad Curiam est un Brief direct al Vicount, luy commandant de aler a tiel Court đ ascun Seignior ou Franchise, lou un Plaint est sue pur prisel del avers come Distress, ou ascun faux judgment est suppose destre fait en asc̄ Suit ē tiel Court, quel nest đ Record; & q̄ le Vicont la ferra Record del dit Suit ē presence del Suitors [...] mesme le Court, & de quatuor auters Chivalers de le County, & ceo Record certifera al Court le Roy, & a cel jour quel est assigne en le Brief.
Cest Brē est fait hors del Chancery, & returnable in Banco Regis ou en le Common Pleas.
Accedas ad Vicecomitem.
ACcedas ad Vicecomitem est un Brief direct al Coroner, luy commandant a deliver un Brief al Vicont, q̄ aiant un Pone a luy deliver, ceo suppresse. Regist orig. 83.
Acceptance.
ACceptance est un prendrance en bone gree, & come un Agreement al ascun chose fait devant, le quel puit aver este ūfait & avoid (si tiel Acceptance nad estre) per luy ou ceux que issint accepta: p̄ example, si un Evesque, devant Statute fait anno primo Eliz. lesse part del possessions de son Evesquery pur ans, reservant Rent, & morust, & puis un auter est fair Eves (que) le quel accept', cest adire, prist ou receive le Rent quāt il est due & doit estre pay; ore ꝑ cest Acceptance le Lease est fait perfect & bone, le quel auterment le novel Evesque poit assers bien avoid.
Semblable Ley est, si un home & sa feme, scisie đ Ter̄ en droit del feme, joyn & sont Lease ou Feoffment per Fait reservant Rent, & le baron morust, el accepta ou receive le Rent: ꝑ cel le Feoffment ou Lease est fait perfect & bone, & serra bar̄ a luy de porter Cui in vita.
Accessories.
ACcessories sont en deux sorts ꝑ le Common Ley, & ꝑ le Statute Ley. Accessory ꝑe le Common Ley est auxy en deux sorts, lun avant le fact est fait, le auter puis. Accessory devant le fait est celuy que commanda ou procura auter đ fair Felony, & nest la present luy mesme quant lauter le fait; mes sil soit presēt donques il est auxy Principal. Accessory puis le fait est celuy que receiva, favour, alda, assist, ou comfort ascun home que ad fait ascun Murder ou Felony dont il ad conusans. Tiel Accessory serra punish, & avera judgment đ vie & đ member, auxy biē come le Principal q̄ fist le Felony: mes tiel Accessory ne serra jammes mis a respondu a ceo tan (que) le Principal soit cō vict ou attaint, ou soit utlage de ceo. Manslaughter home ne poit eē Accessory devāt le fait, car Manslaughter coviēt ensuer sur sodain debate ou affray; car si soit premeditate ceo est Murdr̄. Co. l. 4. f. 44. a.
Mes un feme en tiel case ne serra Accessory p̄ le aider de son baron. En grand ou hault Treason, cibien les cō manders come les assisters & receivers sont tout foits Principals.
Si home counsel un feme a murder lenfant en sa venter, [Page 14] & apres lenfant est nee, & donque est murder per le feme en le absence de cestuy que issint done le councel; uncore il est Accessory ꝑson counselling devāt le nestr̄ del ensant, & nient ceo countermandant Dyer fo. 186. pl. 2.
Auxy un poit estre accessory al Accessor̄; si come un feloniousm̄t receive un aut' q̄ est accessory al Felony, la le Receivor est un Accessory.
Accessory per le Statute est tiel que aber, counsel ou receive ascun home que commit, ou ad commit ascun offence fait Felony pe Statute: Car coment que le Statute ne fait mention đ Accessories, Abettors, &c. ūcore ils sont include ꝑ le interpretation des dits Stat. Stamf. Pl. cor l. 1. c. 45, 46, 47, 48.
Vies pluis del Accessory in le dit Livre de les Plees, l. 1. cap. 44, 49, & 50.
Accompt.
ACcompt est un Brief, & gist lou Bailiff ou Receiver dascun Seign̄r, ou daut' hom̄, q̄ doit render Accompt, ne vnit render son Accompt; donques celuy aq̄ l' Accompt doit estre render avera cest Brief. Et per le Statute de Westm. 2. c. 10. si le Accomptant soit trove en arrearges, les Auditors q̄ sont a luy assignes ont power de agarder luy a prison, la a demurrer [Page 15] tanque il ad fait gree al party. Mes si les Auditors ne voyllont allower reasonable expence & costage, ou sils chargeront luy ove plusors receipts quant ne duissent, donques son ꝓchein amy q̄ voit suer pur luy, suera un Brief [...] Ex parte talis hors del Chancery, direct al Vic̄ đ prēder 4 Mainpernors de render son corps devant les Barons del Exchequer a certain jour, & [...] garner le Seignior de appear̄ la a mesme le jour.
Accord.
ACcord est un Agreement parent' deux al meins, p̄ satisfie un offence ou Trespass que le un ad fait al aut', p̄ le quel il ad agree de satisfier & content luy ove Recompence; quel si soit execut' & performe, donques p̄ ceo que cest Recompence est un plene satisfaction pur le Offence, serra un bone bar̄ en le Ley, si lauter, apres l' Acord perform, voit suer arrere un Action p̄ mesme le Trespass.
Nota, q̄ le primer est properment appelle un Accord, le auter est un Contract.
Acquital.
ACquital est quant la est Seignior, Mesne, & Tenant, & le Tenant tient de le Mesne certain Ter̄s ou Tenements en Frank-almoign, Frank-marriage, ou tielx semblables, [Page 16] & le Mesne tiēt oustr̄ auxy de Seignior paramount, ou desuis luy. Ore doit le Mesne acquit ou discharge le Tenant đ tout & chescun man̄ de Service q̄ ascun auter voit aver ou demand đ luy concernāt mesmes les Terres ou Tenements, pur ceo q̄ le Tenant doit fair le service a le Mesme tant solem̄t, & nemy al divers Seigniors, p̄ un Tenement ou parcel del Terre. Mesme le Ley est ou il est Seigū, Mesne, & Tenant come avant dit, & le Mesne grāt al Tenant (sur le tenur̄ fait ꝑēt eux) p̄ acquit & discharge luy de touts Rents, Services, & tiel semblables. Ceo Discharge est appel Acquital.
Mesme le ley est, si Tenānt tient de son Mesne ꝑ autiels Services, come le mesne tient ouster del Seignior, & le Tenant fait ou paya Services al Mesne, mes le Mesne ne fesait ses Services al Seignior paramount, p̄ que il distrain les Beasts del Tenant. En cel case le Mesne, per le oveltie des Services, doit acquit le Tenant del Services due al Seign̄r. Auxi la est Acquital en ley, & Acquital en fart. Acquital ē Ley est, ou deux sont appeal ou endict de Felony, lun cōe Principal. lauter cōe Accessory, le Principal esteant discharge, le Accessory ꝑ consequent est auxy acquit: Et en cest case, si come l' Accessory est acquit per le Ley, [Page 17] issint est le Principal ē Fait, Stamf. pl. cor. fol. 168.
Acquittance.
ACquittance est un Discharge en escript d [...] Sum de money, ou auter duty q̄ dolt estre pay ou fait. Sicome un soit oblige de payer money sur un obligation, ou Rent reserve sur un Lease, ou tiel semblable, & le party a que le money ou duty doit estre pay ou fait sur le receit de ceo, ou sur auter agreement perenter eux ewe, fait Escript ou Bill de son mayne en discharge de ceo, testimoignant q̄ il est, pay, ou auterment content, & pur ceo acquit & discharge luy de ceo. Le quel Acquittance est tiel Discharge & Bar en la Ley, q̄ il ne poit demand & recover m̄ le Sum ou duty aut' foits, fil poit monstre le Acquittance.
Cest parol differe ab hoc quod in Jure Civili Acceptitatio dicitur, quia illud fi [...] ri potest verbo sine scripto, & nihil aliud est quam ficta Solutio & Liberatio, lice [...] Solutio non sit: Nec Apocha dici potest, quae cautio est solutae dataeve pecuniae, quae non liberat nisi pecunia soluta sit.
Acre.
ACre est un certain parcel de Terre que contain en longeur 40 Perches, & en latitude 4 Perches, ou a cest quantity soit le longeur pluis ou meines. Et si un hōe voile erect un novel Cottage, il devoit amitter quarter Acrers de terre a ceo, solonq̄ cest measure, 31 Eliz. cap. 7. Et ove cest measure agree Mounsieur Crompton ē son Jurisdiction de Courts fol. 222. Uncore il dit que, solonque les divers customs de several pais, le Perch differt esteāt en asc̄ lieux (& plus usualm̄t) forsque dixsize pees & demi: Mes en le Countie de Staff. le Perch est vint quat' pees com̄ fuit cy devāt adjudge en le Exchequer. En Stat' fait an̄ 24 H. 8. ca. 14. p̄ ēbleem̄t đ Flax, 160 Perches font ū Acre, le Ordinance de admeasurement de terre fait ann. 34 E. 1. Stat. 1. agree ove cest account.
Action.
ACtion est le forme de un Suit dōe per le Ley de recover chose, come Actiō de Dett, & tielx semblabe; ou come est Co. 8. f. 151. a. Actio est jus prosequendi in judic' quod alicui debetur.
Vide Lexicon juris, pur Action.
Action del Brief.
ACtion del Brief est un phrase del parlance use quant un plead ascun matter, per que il monstre que le Plaintiff nad cause daver le Brē q̄ il port, & unc̄ poit estre q̄ il poit aver aurer Brief ou Action p̄ mesme le matter. Tiel Plea est appel Plea al Action del Brief: lou si ꝑ la Plea appiert q̄ le Plaint' naveroit asc̄ cause de aver ascun Action pur le chose demand, donques ceo serra ult Plea al Action.
Action sur le Case.
ACtion sur le case est Brief port envers un pur ascun offence fait sans force, come p̄ nient ꝑformāce del Promise fait ꝑ le Defendāt al Plaintiff, ou pur parlance des parols ꝑ queux le Plaintiff est defame, ou pur aut' misdemeanor ou deceit; lou tout le case serra contenus en le Brief.
Trover, Nusance Slander de person, Trade, de Title, Escape fur mesne process, p̄ negligent garder de son feu, pur inartificiasm̄t performando opera, pro divertendo antiquum cursum aquae, pro Commoner vers un q̄ foder le soil del Common ou enjetta ses avers en ceo sance droit on inclose parcel de le Common.
Action mixt.
ACtion mixt est un Suit done per le Ley de recover le chose demand, & demages p̄ le tort fait; come en Assise de nov' disseisin. Quel Brē (si le Disseissor fait Feostm̄t al auter) le Disseissee avera vers le Diseissior & le Feoffee ou aut' ter-tenāt, & en ceo recovera son Seisin del ter̄, & ses damages p̄ le mean ꝓfits, & p̄ le tort a [...] uy fait. Et issint est un Action đ Wast & Quare impedit. Mes ū Action de Detinue nest appel Action mixt, comment ꝑ ceo le chose detenus est demand, & serra recover si poit eē trove, & damages p̄ le detain̄; & si ne poit estre trove, donque damages p̄ la chose & le detainer.
Mes ceo est appel solement Action personal, que serra port solement pur biens, ou Chattels ou Charters.
Action sur le Statute.
ACtion sur le Statute est Brief foundu sur ascun Statute, lou per ascun Statute Action est done a un en ascun case lou nul tiel Action fuit devant: Come lou un commit Perjury al prejudice dū auter celuy q̄ est damnifie avera Brief sur le Statute & son Case. Et le difference enter [Page 21] Actiō sur le Statute & Action popular est, Que lou le Statute done le Suit ou Actiō al party grieve, ou auterment a un person certain, ceo est appel Action sur le Statute: Mes lou per le Statute authority est done a chescun que voile de suer, ceo est appel Action popular.
Actions personal.
ACtions personal sont tiels Actions ꝑ queux home claime dette, ou auter biens & chateux, ou damag' p̄ eux, ou damage p̄ tort fait a son ꝑson: & est properment cē q̄ ē le Civil Ley est appel Actio in personam, quae adversus eum intenditur qui ex Contractu vel Delicto obligatus est aliquid dare vel concedere.
Action popular.
ACtion popular est un Actiō que est done sur le breach dascun penal Statute, le quel Action chescun home que voit polt suer per luy mesme & le Roy, per information ou auterment, come le Statute allow, & le case require. Et [...] ceux Actions il y ad infinite number; mes un pur example est: Quant ascun del Jury, que sont impannel & jurus de passer perenter party & party indifferentment prist ascun chose de lun part ou lauter, ou de ambideux parties [Page 22] pur lour Verdict dire al ceo part, donques ascun hom̄ q̄ voit, deins lan procheine ensuant le offence, poit suer un [...] rief appel Decits tantum envers luy ou ceux que issint prist p̄ lour Verdict dire. Et pur ceo q̄ cest Action nest done al un home specialment, mes generalm̄ al ascun des le; people del Roy q̄ voit suer, il est appel ū Act popular. Mes en cel case quāt ū avoit com̄ence [...] p̄suer cel Act', nul aut' point c̄ suer, & ē c̄, cōe seē, cel vaty [...] l act' popul' ꝑ le civil ley.
Actions real.
ACtions real sont tiels Actions ꝑ queux le Demā dāt claime title al ascun Ter̄s ou Tenements, Rents, ou Cō mōs, en fee-simple, fee-tail, ou p̄ terme đ vie. Chescū Actiō real est ou possessor̄, cestascavoir, de son possession ou seisin demesne; ou ancestrel, [...] . del seisin ou possession de son ancestor. Co. l. 6. f. 3.
Acts.
ACts đ Parliament, sont Leys positive, que consist de deux parts, cest adire, de les parolx del Act, & del sense [...] ceo; & ils ambideux jonyt ensemble font la Ley.
Additions.
ADdition est ceo que est done al home ouster son proper nosme & surnosme, cē adire, p̄ monstrer de quel Estate, Degree, ou Mystery il est, & de quel Vill, Hamlet, ou County.
Additiōs đEstate sōt ceux, Yeoman, Gentleman, Esquire, & tiels samblables.
Additiōs đ degree s̄ot ceux q̄ nous appelomus nosmes đ Dignity; come Chivaller, Count, Marquess, Duc.
Additions de Mystery sont ceux, Scriven̄, Painter, Mason, Carpent', & touts aut's đ sē blable nature: car Mystery est le craft ou occupation ꝑ que home gain son living.
Additiō đ Villes, cōe Sale, Dale; & issint de les auters.
Et lou un home ad houshold en deux lieux, il serra dit demurrer en ambideux; issint que son Addition en un de eux suffist.
Fuit ordeine per le Statute An. 1 H 5. c. 5. que en Suits ou Actions ou process đ Utlagary gist, tiels Additions serra nosme del Defend', a declarer son estate, mystery, & lieu ou il inhabit; & que tiels Briefs abateront, sils ne ount tiels Additions, si le Defendant prist exception a ceo; mes ils ne abateront ꝑ office del Court.
[Page 24] Auxy, Duke, Marq̄ss, Coūte, ou Chivaler, ne sont pas de ceux Additiōs, mes nosmes [...] Dignity, queux duisloint aver estre done devant le Statute.
Et ceo fuit ordeine per le dit Statute, al intent que un home ne serroit grieve ne trouble per le Utlegarie de un auter: Mes que per reason [...] le certain Addition, chescun home poit estre certainment conus, & porter̄ sa burden demesne.
Adjournment.
ADjournment est, quant ascun Court est dissolve & determin a present, & assigne destre garde arreare al auter lieu ou temps, & (moy semble) est compound de deux par [...] ls ( ad, ou al, & jour.)
Admeasurement de Dower.
ADmeasurement de Dower est un Brief que gist lou un feme est endow per un Infant ou per un Gardein de pluis q̄ devoit aver; le Heir en tiel case avera cest Brief, per quel la feme serra admeasure, & le Heir restore a le su [...] plusage. Mes si un abate, cest adire, un que nad droit enter apres le mort de baron, & endow le feme de cestuy que est mort de pluis que doit ayer, le Heir navera cest [Page 25] Brief, mes Assise de Mort dancestor, vers la feme: & si el plede que el fuit endow de ceo terre come del Franktenement sa baron, le Heir monstre coment el suit endow per le Abator, & que el ad pluis que devoit aver, & priera que il soit restore al surplusage; & si soit trove, il serra restore.
Admeasurement de Pasture.
ADmeasurement de Pasture est un Brief, & gist lou plusors Tenants ont Common appen [...] en auter ter̄, & un surcharge le Com̄on ove plusors avers: donques lauters Commoners poient aver cest Brief vers luy. Et auxy poit eē port ꝑ un Com̄on solement: mes donques covient estre port vers touts lauters Commoners & vers cestuy que surcharge, p̄ ceo que touts les Com̄oners serront admeasures.
Et ceo Brē ne gist vers luy ne pur luy que ad Common appurtenant, ou Common in gross; mes ceux q̄ ont Common appendant, ou Common per cause de vicinage.
Vide le diversity de tout ceux Commons apres en le title de Common.
Auxy cest Brief ne gist p̄ le Seignior, ne vers le Seignior, mes le Seignior poit distrain les avers le Tenant q̄ [Page 26] sont surplusage. Mes si le Seignior surcharge le Common, les Commoners nont remedy per le Common Ley, mes un Assise de son Common.
Administrator.
ADdministrator est celuy a que le Ordinary commit le Administration des biens le mort pur default de Executor, & un Action giser' vers luy, & p̄ luy, come pur Executor, & serra charge jesques al value des biens le mort, & nient ouster, sil ne sont ꝑ son faux Plea, ou p̄ ceo que il ad wast les biens le mort. Si le Administrator devie, ses Executors ne sont Administrators, mes covient al Ordinary de comitter novel Administration. Et si un Estrange, que nest Administrator ne Executor, prists' les biens del mort, & administer de son tort demesne, il serra charge & sue come Executor, & nemy come Administrat', en ascun Action que est port vers luy per ascun Creditor. Mes si le Ordinary fait un Brief ad colligendum bona defuncti, celuy q̄ ad tiel Lett' nest Administrator, mes le Action gist vers le Ordinary, auxy bien come sil priest le biens en son main demesne, ou ꝑ le main de ascun de des servants per ascun auter commandement.
[Page 27] Est auxy un auter sort de Administrator, lou un fist son volunt, & fist un infant deins age de 17 son Executor. Le Evesque commit administration al ascun amy durant le nonage de le Executor, quel Administrator sil sue, ne count q̄ le mort devy intestate, quel administration cessa quant l' enfant est 17 ans đ age.
Admiral.
ADmiral est un haut Officer que ad le Regiment de la Navy del Roy, & l' audition & termination de tout Causes cybien civil com̄ criminel appurtenant al Mere; & pur cest purpose il ad son Court appel le Admiralty. Il poit causer son Citation destr̄ serve sur le Ter̄, & prender le corps del party ou biens en Execut' sur Terre.
Item il ad cognisance del mort ou maihem de un home, fait en ascun grand Nief fleetant en grand Rivers en le Realm, debase les Ponts de eux prochein al Mere.
Auxy p̄ arrest Niefs en les grand Streams pur les voiages del Roy & Realm; & ad jurisdiction en les dits Streams durant mesmes Voiages.
Ad quod dampnum.
AD quod dampnum est un Brief q̄ doit estr̄ sue devant le Roy grant certain Liberties, come Faire, Market, ou tielx semblables, q̄ux poiet estr̄ prejudicial al auters. Et ꝑ ceo serra inquire si serroit prejudice a granter eux, & a que serra prejudicial, & que prejudice ent aviendra.
Est auxy un auter Brief de Ad quod damnum, si un voil divert un common chymin, & faire un novel chymin cy beneficial. Ambideux queux (coment trove destre nient prejudicial) poient estre travers en auter Action, coment que le Roy ad fait son grant pursuant al Verdict del Jury.
Advent.
ADvent est un temps que contein environ un moys ꝓchein devant le Feast del Nestr̄ de nostre Saviour Christ. En que nr̄e Ancestors ont repose grand reverence p̄ le propinquity de cel solemn Feast, issint que touts Suits en ley fuer̄ donques remit pur un season. Pur quoy la fuit un Statute ordein, West. 1. c. 48. que nient obstant le dit Solemnity, puit estre Loyal, en respect đ Justice & Charity a prender Assises de Novel [Page 29] disseisin & Darreine presentment, en le temps de Advent, Septuagisima, & Quadragesima. Cest un des temps de le commencement đ q̄l usque a les Octaves de l' Epiphany le solemnizing đ Espousals sont ꝓhibit destre solempne sans especial Licence, accordant a les Verses:
Mes l' Evesque poit dispense ove un Marriage deins ceux temps & ceo est bien.
Advowson.
ADvowson est, lou un home & ses heirs ont droit de presenter lour Clerk al un Parsonage, ou aut' Espiritual Benefice qn̄t il devient void. Et celuy q̄ ad tiel droit de presenter est appel Patron.
En gross est lou home est seisie de ceo est solement per luy mesme. Et est Advowson appendant al un Mannor ou al un Rectory, &c. poit estre vend a ꝑ luy, & tunc est En gross & sever del Mannor & Rectory.
Affeerors.
AFfeerors sont tiels que sont designe en Courtleets, &c. a mulcter tiels que ont commit ascun peche que est arbitrablem̄t punishable, & p̄ quel nul expresse penalty est prescribe per Statute. Poies veier le form de lour Serem̄t en Kitch. so. 46. Si les Jurors en un Leet recevont les Articles, & esteant command a respon [...] al eux & present, ils refuse isint a faire, don (que) ils serront amercie; uncore l' Amerciam̄t de chescun Juior serra affeere solonque a son offence. Issint en Assise [...] Novel disseisin touts les Disseisors serront amercie, & chescun ser̄a affeera ꝑ luy. Mes si un Ville soit amercie, la l' Affeer̄ace ser̄a general, car la nest asc̄ certain person nosm̄, come en les cases ꝑavant dit. Et si un Jury en un Leet taxe un amerciam̄t, ceo suffist sans asc̄ Affeerm̄t, car le Amerclam̄t est le act del Court, & le Affeerm̄t le act del Jury. Co. lib. 8. f. 39, 40. b.
Affiance.
AFfiance est le plight del foy ent' home & feme sur un Agreement dun Marriage deē sclemnize ent' eux; & affidare, de quel cest [Page 31] parol est derive, est tant a dire come fidem ad alium dare. Et cest parol Assiance est use per Littleton, Chap. de Dower, Sect. 39.
Afforest.
AFforest est, converter terre en Forest. Charta de Forest. cap. 1. & 30. An. 9 H. 3.
Affray.
AFfray venust del parol Francois ( effrayer) que signifie terrere sive horrificare; & issint un Affray poit estre sans parol ou buffe done & issint cest parol est use ēile Stat' [...] North. 2. E. 3. c. 3. Mes en nostre livres c̄ parol est plus foits confound ove le parol Assault, come appiert per Lambert en son Eirenarch. lib. 1. c. 17. Mes uncore, come est la dit, ils differont en ceo, q̄ un Assault nest forsque un tort al party, mes un Affray est un tort al bien publique: & pur ceo un Affray est inquirable & punishable en ū Leet. Auxy un Assault est fait plus tost forsque sur lun part: mes un Affray est le combatre de plusors ensemble.
Age prier.
AGE prier est, quant Action est port vers un Enfant de Terre que il ad ꝑ discent, la il monstra le matter al Court, & prayera que le Action demur tanque a son plein age de 21 ans, & issint ꝑ agarde de Court le Suit surcessera.
Mes en Brief de Dower & en Assise, & auxy en tiels Actions lou le Infant est suppose a vener al Terre en demand de son tort demesne, il navera sa age.
Auxy nota, que sont plusors diversities de Ages. Car le Seignior avera aide de son Tenant en Socage pur marrier sa file, quant la file est del age de sept ans; & aide pur faire son fits & heir Chivaler, quant il est del age de sept ans.
Feme que est Espouse al age de 9 ans, si sa baron morust seisie, avera Dower, & nemy devant.
Auxy 14 ans est le age de feme, que ne serra en Gard, si el fuit de tiel age al temps del mort son Ancestor; mes si el fuit deins age de 14 ans, & en Gard son Seignior, donques el serra en Gard tanque al age de 16 ans. Et 21 ans est le age de Heir male destre en Gard, & apres ceo hors de Gard.
Et auxy il est le age đ male [Page 33] & female de suer & destr̄ sue des Terres que ils ont claim̄ per descent, & đ faire touts. manners de Contracts & Bargains, nient dev [...] nt: m s si tiel enfant deins age de 21 ans don̄ ses biens, & le Donee eux prist, le enfant poit aver un Action de Trespass: mes auterment il est sil deliver eux. Vide Coke l. 3. fol. 13. a. l. 6. f 3.
Agent & Patient.
AGent & Patient est, quant un home est le feasor de un chose, & le partie a que il est fait; come lou fe [...] ̄ [...] endow luy mesme de la pluis belle part de possession de sa baron. Issint si home ad dixe livers issuant hors de certain ter̄, & il disseise le Tenant del ter̄ en Assise port ꝑ le Disseisee, le Disseisor recoupera le Rent en le Damages; issint que ou le mesne ꝓfits del ter̄ en tiel case fueront al value [...] 13 livres, le Disseisee recovera forsque trois livres. Auxy si un home endette a un auter, & puis fait le partie a que il est issint endette son Executor, & morust, le Executor poit retain tant des biens del mort en ses mains come son Dette demesne amountera; & ꝑ ceo deteiner il [...] st le Agent & le Patient, cesiacavoir, le partie a que le Dette est due, & le partie que ceo paya.
[Page 34] Mes home ne serra judge en son cause demesne, com̄ est resolve, Cok. lib. 8. fo. 118. en Bonhams Case, Que les Censors ne povent estre Judges, Ministers, & Parties; Judges a doner sentence ou judgment, Ministers a fair summons, & Partie de aver le moiety del forfeiture. Et com̄t q̄ Act de Parliam̄t done a asc̄, a tener ou de aver conusans de touts manners des Pleas devant luy surdāt deins son Mannor de D uncore il tener̄ nul Plea a q̄ il mesme est party; Quia iniquam est aliquem suae rei esse juaicem.
Agist.
AGist semble de vener del Francois giser (i. jacere) ou del g [...] ster (i. stabulari) un parol ꝓper as Dames; & p̄ ceo Budaeus lib. poster. Philologiae, dit q̄ Gist idem est quod Lustr' vel Cub [...] le. Et Agist en nor̄e Com̄on Ley signifie đ prēder eins & de pasture les avers dun estranger deias les Forests le Roy; & p̄ ceo les Officers en le Forest q̄ en tiel manner prent eins avers, & collect les deniers p̄ le pasturage [...] eux, sont appelle Agistors, & le pasturage & herbage de avers est appel Agistment; q̄ en un large signification extend al touts man̄ers del Com̄on del Herbage de ascun kind đ ter̄, ou bois, ou les deniers que sont due & receive pur ceo [Page 35] cybien hors de Forests come deins eux. Vide Manw. Forest leys, cap. 11. fo. 80.
Agreement.
AGreement est en cest manner define ou expounde en Plowden's Commentaries: Aggreamentum est compound de deux parolx, cestascavoir, de Aggregatio & Mentium, cest adire, Agreement de ments. Issint q̄ Aggreamentum est Aggregatio mentium in re aliqua fac̄ta vel facienda; & ꝑ le contraction de les deux parolx, Aggregatio & Mentium, & ꝑ le corrupt & brief parlance [...] eux, ils sont fait un parol, cestasc̄, Aggreament', le quel nest aut' chose que un union, copulation, & conjunction [...] deux ou plusors ments in asc̄ chose fait ou destr̄ fait. (Veies apres en Testament.) Et cest Agreement est en 3 manners.
Le prim̄ est un Agreement execut' en fait al com̄encem̄t.
Le second est un Agreem̄t puis un act fait ꝑ auter, & est un Agreem̄t executed auxy.
Le tierce est un Agreem̄t executory, ou destre fait en temps uncore a ven̄.
Le prim̄ q̄ est un Agreem̄t executed en fait al com̄encement est tiel de que mention est fait en le Star. de 25. E. 3. cap. 3. de Pannis, en le quart Star. q̄ dit que les biens & choses achates, ꝑ Forestallers, que de ceo serront attaints, [Page 36] soient forfeits al Roy, si le achator ent ust fait gree al vendor. En quel case cest parol ( gree) que est auterm̄t appel agreem̄t, serra entende Agreement execute, viz. payment pur les choses.
Le second man̄er đ Agreement est, lou un fait un chose ou act, & un auter agree ou assent a ceo apres: come si ū fait Disseisin a mon use, & apres jeo agree a ceo, ore jeo serra Disseisor ab initio. Et tiel Agreement est un Agreement puis un act fait.
Le tierce Agreem̄t est, q [...] ̄t ambideux parties a un temps, sont accords que tiel chose serra fait en temps a ven̄: & ceo agreement est executorie, entant q̄ le chose serra fait apres, & uncore la lour ments accord a un temps. Mes entant que le performance serra apres, & issint le chose sur q̄ l'agreement fuit fait remaine a faire, ceo Agreem̄t serra dit executorie. Et ceo le Stat. 26 H. 8. Stat. 3. prove, ou il dit, Que chescun Vicar, parson, & autiels, &c. devant lour actual possession ou medling ove les profits de lour Benefice, satisfiera, cōtentera, &c. ou agre era a payer al use le Roy les prim̄ fruits, &c. Et si ascun tiel Parson, Vicar, &c ent' en actual possession, &c. Ceo Agreement est destre entend executorie, come le cōmō usage prove: car est use q̄ il, ove un ou deux ove luy, [Page 37] fait deux vel trois Obligations p̄ ceo destre pay en certain iours apr̄s Et cest Agreement executory est divide en deux points: Un est Agreement executory q̄ est certain al com̄encement, come est dit darrein devant del Primier-fruits.
Lauter est, lou le certaintie ne appiert al primes, & les parties sont accords que le chose serra perform ou pay sur le certainty conus: come si un ven [...] al auter tout son Wheat ē tiel tasse en son Barn nient thresh, & il est agree parent' eux, que il payera p̄ chescun bushel 3 s. quant il est thresh clean & measure.
Aide.
AID est, quant Tenant a term de vie, Tenant en dower, Tenant ꝑ le curtesie, ou Ten̄t en taile apres possibility [...] issue extinct, est emplede; dōques p̄ ceo q̄ ils nōt estare forsque p̄ term đ vie, ils prieront Aide đ cestuy en le Reversion, & Process serra fait per Brief vers luy, de vener & pleder ove le Tenā in defence del Terre, si voile, Mes ils covient que ils accord en Plea, car sils varie, le Plea le Tenant serra prise, & donques l' Aid-prier est en vain; mes sil ne vient al secōd Brief, le Tenant respondera sole.
Aux' Tenant p̄ ans, Tenāt a volunt, Tenant ꝑ Elegit, [Page 38] & Tenant per Statute-Merchant averont aid de cestuy en le Reversion; & le Servāt & Baily de lour Master, quant ils ont fait asc cho [...] e loyalm̄t en le droit lour Master, averont aid.
Cest parol est asc̄ foits apply al Subsidies, cōe en 14 E. 3. Stat. 2. cap. 1. Auter foits a un Prestation due de les Tenants a lour Seigniors; come p̄ relief due al Seignior paramount, ou p̄ le feisance de son fits Chival. ou p̄ l' espousing de sa file. Glan. l. 9. c. 8.
Cest Aide le Roy, ou auter Seign̄ ꝑ l'ancient Ley đ Anglit [...]rre, puit giser sur lour Tenants, p̄ fair son fit; Chival' al age đ 15 ans, & espouser sa file al age đ sept an [...], Reg. orig. f. 87. a. & a quel rateils pleiront. Mes le Stat. de uest. 1. fait An. 3. E. 1. ordein un restraint p̄ ascun grād ou large demand fait ꝑ common persons, esteant Seigniors, en cest case, & ad lie eux a un ceartain rate. Et le Statute [...] 25 E. 3. Stat. 5. c. 11. provide, que le rate que est mise ꝑ le prim̄ Stat. serra tenus en le Roy cybien come en auters Seigniors.
Aide de Roy.
AIde de Roy est en semble case come est dit devāt de common ꝑson, & auxy en plusors aut' cases lou le Roy puit aver ꝑde, com̄t q̄ le Tenāt soit [Page 39] Tenant en see simple, il avera Aide; come si un Rent soit demand vers Tenant le Roy que tient en chief, il avera aide, & issint navera de aut' person.
Auxy lou un City ou Borough ad un Fee-farme del Roy, & asc̄ chose est demand vers eux que appertain al Fee-farme, ils averont aide pur ceo del Roy.
Auxy home avera aide de Roy en lieu de Voucher. Auxy le Bayliff, Collector & purveyor del Roy averont aide del Roy, auxibien come les Officers de auters persons.
Aile.
AILE est un brief que gift lou Terre descende de layel a son Nephews, viz. fitz ou file del fitz del ayel; le pier esteant mort devant entry per luy, & un abate, le Heir avera vers le Abater cel Brief.
Aler sans jour.
ALer sans jour est, (verbatim) ire sine die, cestascavoir, deē dismisse hors del court, p̄ ceo que nest asc̄ aut' jour del Appearance assigne.
Ale-Taster.
ALe-Taster est un Officer appoint & jure deins [Page 40] chesc̄ Leet, de veier q̄ le due Assise soit observe de tout le Pane, Ale & Cervoise vendus deius le Jurisdiction đ Leet.
Alien.
ALien est un Subject nee hors del ligeance de nostre Roy. Et il ne poit aver ascun real ou personal Action concernant Ter̄, mes en cheseū tiel Actiō le Tenāt ou Desēdāt puit plede que il fuit nee en tiel pais q̄ nest deins le ligeance del Roy, & demād Judgment, fil serra respondu.
Chesc̄ Alien amie puit per le Com̄on Ley aver & acquirer deins cest Realm, ꝑdone, chivi [...] ns, ou aut' loyal voyes, as [...] treasure ou biens personal quecunque cybien cōe asc̄ hōe Englois, & puit maintain asc̄ Actiō p̄ y cel Mes teīs deins cest Realm ou Measons, si nō solem̄t p̄ lour habitation, aliē amies ne poiēt aver ne acquirer, ne maintain asc Action real ou ꝑsonal p̄ ascun Terre ou Meason, sinon q̄ le meason soit pur lour necessary habitation. Un Aliē enemie ne poit maintain asc̄ Act', ou acquir̄ asc̄ chose deins cest Realm. Et les reasons p̄ q̄ Aliens nee ne sont capable de inheritāce deins Angleterre, sont;
Primerm̄t, Les secrets del Royalm poiēt ꝑ ceo eē cō.
Secundment, Les Revenues del Royalm serront prise & enjoy ꝑ Estrangers nee.
[Page 41] Tiercem̄t, Ceo voile tend al destruct' del Royalm. Primerm̄t en le temps de guerr̄, car donq̄s estrāgers poiēt fortifie eux mesmes en le euer [...] l Royalm, & cōbuster le Commonweale. Secundm̄t, en le tēps đ peace, car ꝑ tiels meās plusors Asiēs nee poiēt acquirer un grand part del inheritance & franktenement del Royalm, ꝑ q̄ la voile ensue un failer đ Justice, le supporter [...] l Common-weale, p̄ ceo q̄ Aliens ne poient estre returne [...] Juries, ne jure p̄ le trial de issues perent' le Roy & le Subject, ou perenter Subject & Subject. Vide Coke lib. 7. Calvins Case.
Alienation.
ALienation idem est quod alienum facere, ou de alter ou mitt' le possession [...] Terres ou auter chose de lun home al auter. Et en ascun cases home ad poier en luy. mesme issint a faire, sans lassent ou licence dascun auter & en ascun nemy, Come si Tenant en capite alien son estate sans cōge le Roy. donq̄ ꝑ le Stat. de 1 Ed. 3. cap 12. un reasonable Fine serra prise, ou al Common Ley devant le dit Stat. les Terres & tenem̄ts tenus en chief del Roy, & aliē sās, cōgee, ōt este tenus forfeit. Et si Tenant le Roy q̄ teigne ē capite intend de aliener al C. al use de D. & [Page 42] sur ceo si il purchase licence de aliener al C. & accordant il alien a C. al use de D. quel use nest mentiō e le Licence: en cest case il payer̄ forsque ū Fin̄, car est forsque un Alienation, Cok. lib. 6. fol. 28. Mes si home voile alien̄ terr̄ en fee-simple a un Meason de Religion, ou a un Corps incorporate, covient a luy daver conge le Roy de faire cest Grant ou Alienation, & le chief Seigniors đ queux tiels Terr̄ sont tenus, &c. auterm̄t le terr̄ issint alien en Mortmaine serra forfeit ꝑ le Stat. de 15 R. 2. cap. 5.
Allay.
ALlay est le Temper ou mixture de Or & Argent ove plus base metal, pur l'augmenter del pois de ceo entant que poit countervaile le charge del Roy en le coynage. Cest parol est use en le Statute 9 H. 5. cap. 11. pur le payment del Or Anglois per le pois le Roy.
Almner.
ALmner est un Officer del Hostel le Roy, & son Office est pur dispence les Alms le Roy chescun jour; & a cest purpose il ad le collect' des touts Forfeitures des Deodands, & des biens des Felons de se, que le Roy luy allow p̄ disposer ē Alms as povers. [Page 43] Et de son Office, vide Fletam, l. 2. c. 22.
Almoin.
ALmoin, Veies Aumone.
Alnageor.
ALnageor est un Officer del Roy que per luy mesme ou ꝑ son deputy vey al Assise de tout le Pane que est fait de Lane per tout le Terre, & a mitter Signets, pur tiel purpose ordeignes, al eux 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. Et il est destre accomptable al Roy pur chescun Pane que est issint seale en un Fee ou Custome a ceo apperteignant.
Altarage.
ALtarage en Latin, Altaragium, signify Duties & Offerings al sainct Altars, mention 2 Cro. Rep. 516. que un Vicarage fuit endow ove ceo & petit disms.
Ambidexter.
AMbidexter est celuy que, quant un matter est en suit ꝑnter homes, prist argent de lun part & del aut', ou pur labour le Suit, ou tiels semblables; ou sil soit del Jury, pur dire son Verdict.
Amendment.
AMendment est, quant Error est en le Process, les Justices poiēt c̄ amen [...] apres Judgment. Mes si Error soit ē Judgment done, ils ne poiēt amender ceo, mes le party est mis al Brē de Error. Et en plusors Cases lou le default appiert en le Clerk q̄ escria le Record, il serra amend: mes tiels choses que vient ꝑ information del party, come le Ville, Mysterie, & hujusmodi, ne serra amend, car il doit informer uray a son peril.
Amercement.
AMercement pluis properment est un Penalty assess per les Peers ou pares del partie am̄cie, pur un offence fait; come p̄ default [...] Suit de Court, ou pur non amend đ asc̄ chose q̄ il fuit appoint de redresser devant, ou pur tiel semblable cause: en quel case le party que offend soy mist en le mercie del Roy ou Seignior, & sur ceo cel Penalty est appel Amerciament.
Et la est un difference perenter Amerciam̄ts & Fines, Kitch. 214. Car Fines sont punishments certain, que cresceront expresment de ascun [Page 45] Statute; & Amerciaments sont tiels que sont arbitrablement impose per les aff [...] eerors, quel Kitch. semble a confirm̄ fol. 78. en ceux parolx, Amerciament est affere per Pares.
Auxy il appiert, Coke lib. 8. f. 39. que un Fine est touts foits impo [...] e & assesse per le Court; mes Amerciament q̄ est appel en Latin Misericordia, est assesse ꝑ Pays.
Auter diversity la est: come si home soit convict devant le Vicount en le County [...] un Recaption, il serra forsque amercie, mes sil soit convict de ceo en le Common Bank, il serra fine. Et le reason de cest diversity est, Que le County-Court nest pas Court de Record, & pur ceo ne poit imposer un Fine, car nul Court poit imposer Fine mes tiel Court q̄ est de Record, Coke lib. 8. fo. 41. a. Si le Defendant ou Tenant plead un faux Fait a luy, ou deny son fait demesn̄, & ceo est trove vers luy, ou sil, relicta verificatione, cognoscit Actionem; il serra fine pur fauxism, Quia certi debemus esse de proprio facto. Mes si ua deny le Fait son Ancestor, & ceo est trove vers luy, uncore il ne serra fine, mes amercie solement, Quia de alieno facto. Co. lib. 8. fol. 60. a. Vide pluis la.
Amercemement royal.
AMercement royal est, quāt un Vicount, Coroner, ou auter tiel Officer del Roy, est amercy per les Justices pur son misdemeaning en le Office, Quaere si ne serra dit Fine.
Amoveas manus.
AMoveas manus. Veies Ouster le Mayn.
An jour, & waste.
AN jour, & wast, est un Forfeiture quant un home ad fait petit Treason ou Felony, & ad Terres queux il tient de ascun common person, queux serra seisi pur le Roy, & remaine en son maines per la space de un an & un jour prochein apres le Attain [...] ; & donques les Arbres serront defosse, les Measons rases, & le Pastures & Prees ayres & plowed; si non que il a que Terre devenera per leschete ou forfeiture ne ceo redeem̄ del Roy. Un chose le pluis de greever le Offendors, & terrifie auters de cader en autiel, en demonstrance coment le Ley detest lour offence cy avant, issint que il execute Judgment & punishment sur lour mute & mort chosez;
Aniente.
ANiente venust del Francois Aneantir, (id est) annihilare; car Aniente en nostre Ley signifie tant come frustrate ou defeat, & est use per Littleton, Sect. 741.
Annates.
ANnates est un parol use en le Stat. 25 Hen. 8. cap. 20. & semble deē tout un ove Primitiae: car issint Pol. Virgil. de Inventione rerum, lib. 8. cap. 2. dit, Quod Annatarum usus multo antiquior est quam recentiores q [...] idam scriptores suspicantur, & Annatas (more suo) appellant primos fructus unius anni Sacerdotii vacantis, aut dimidiam eorum partem.
Annua pensione.
ANnua pensione est un Brief per que le Roy, aiant due a luy un annual Pension de ascun Abbot ou Prior pur ascun de ses Chapleins que il voile nosmera, que nest provide dun competent Benefice, ceo demand del dit Abbot ou Prior pur un que est nosme en mesme le Brief, jesque, &c. & auxy luy comman [...] , pur le meux assurance de son Chaplein, a [Page 48] doner ses Letters Patents a luy pur icel. Vide Fitzh. Nat. Brev. fol. 231. ou poyes auxy veyer les nosmes de touts les Abbeys & Priories que fueront lie a ceo en respect de lour foundation ou creation, & auxy pur le forme des Letters Patents usualment grant sur tiel Brief.
Annuitie.
ANauitie est un certain Sum de money grant a un auter en Fee-simple, Feetail, pur term de vie, ou pur term de ans, a receiver del Grantor, ou ses Heirs, issint que nul Franktenement est charge de ceo, de que home navera unques Assise ou auter Action, forsque Brief de Annuity; & nest ascun Assers al Heire le Grantee, a que il descendera.
La sont plusors differences perenter Annuities & Rents: Car chescun Rent est issuant hors de Ter̄, mes un Annuity nest, mes chargera le person, cestascavoir, le Grantor ou ses Heirs, que ont Assets per descent, sinon que special proviso soit al contrary: come Littl. Sect. 220.
Auxy pur un Annuity nul Action gist [...], forsque solem̄t un Brief de Annuity vers le Grantor, ses Heirs ou Successors: & cest Brief de Annuity [Page 49] ne unques gist vers le pernor des profits, mes solem̄t vers le Grantor ou ses Heirs. Lou pur un Rent mesmes les Actions gisont envers le Tenant del Ter̄, & ascun foits envers celuy q̄ est pernor del Rent, cestascavoir, vers luy que prist le Rent torciousm̄t. Auxy un Annuity nest destr̄ prise pur Assets, pur ceo q̄ nest asc̄ Franktenemēt en Ley. Et ne serra mis in Execution sur un Stat. Merchāt, Stat. Staple, ou Elegit, sicome un Rent puit. Doct. & Stud. cap. 30. Vide Dyer fol. 345. pla. 2. Auxy un Annuity ne poit estre sever, Co. li. 8. f. 52. b. accordant al Metre la:
Annale aut debitum Judex nec separet ipse.
Anoysance.
ANoysance est un parol use en le Statute 22 H. 8. cap. 5. & signifie nient plus que Nusance, & pur ceo vid. Tit. Nusance.
Apostata capiendo.
APostata capiendo est un Brē direct al Viscount, pur le pren [...] del corps dū q̄, aiant ent' & professe asc̄ Order de Religion, relinquy le dit Order, & wave son Meason, & est Vagrant en le pais: & sur un Certificate đ ceo [Page 50] matter ꝑ le Soveraign del dit Meason de Religion fait en le Chancery, & le prier del dit Brē, il avera ceo direct al Viscount p̄ la apprehender đ luy, & redeliver al dit Soveraign del Mease ou son loyal Attorny. Vid. le form del Brē en Fitz. Nat. Bre. 233. c.
Appeal.
APpeal est lou un ad fait Murder, Robbery, ou Mayhē, donq̄s le feme cestuy q̄ est tue avera un Action de Appeal vers le Murderer; mes fil nad feme adonques son prochein Heir male avera le Appeal a ascun temps deins lan & jour apres le fact.
Auxy cestuy que est issint rob' ou maimed avera son Appeal: & si le Defendant soit acquite, il recovera damages vers le Appellour & l' Abettors, & ils averont imprisonm̄t dū an, & ferra fin al Roy. Appeal de Maihem nest en manner forsque Action de Trespass, car il ne recovera forsque damages.
Appeals sont com̄ence deux voyes, ou ꝑ Brief, ou ꝑ Bill. Per Brief, quant un Brief est purchase hors del Chancery ꝑ un hōe vers aut', luy com̄andant q̄ il appealera un tierce home dasc̄ Felony ou auter [...] f [...] ence per luy commit, & a trover pledges que il ceo ferra [Page 51] ove effect; & cest Brief est destre deliver al Vicount destre Record.
Appeal per Bill est, quant u [...] home de luy mesme done son accusation dauter home en escript al Vicount ou Coroner, & prist sur luy le burden [...] appealing cestuy que est nosme en le dit escript. Appellant est le Plaintiff en le Appeal.
Appendant & Appurtenant.
APpendant & Appurtenant sont choses que per temps de prescription ont belōg, appertain, & sont joyn al ū aut' principal chose, ove que ils passont & va com̄ accessar̄ al m̄ principal chose, [...] virtue [...] ceux parols, Pertinentiis, cōe Ter̄, Advowsons, Com̄ons, Piscaries, Chimins, Courts, & divers tiels sēblables, al ū Man̄, Meason, Office, ou tiels aut'.
Apportionment.
APportionment est un dividing en parts un Rent le quel est dividable, & nient entire ou whole; & entant q̄ le chose hors de quel il fuit destre pay est separate & divide, le Rent auxy ser̄ divide, aiant respect a les parts. Sicōe un home ad un Rent-Service issuant hors de Terres, & il purchase parcel de le [Page 52] Terre, le Rent serra apportion accordant al value del Terre.
Issint si hōe tient son Terre dun aut' [...] Homage, Fealty, Escuage, & certain Rent, si le Seign̄r de q̄ Terre est tenus purchase parcel del Terre, le Rent serra apportion.
Item si home lessa terres p̄ ans, reservant Rent, & apres un estrange recover part de le ter̄ donques le Rent serra apportion, cest adire, divide, & le Lessee paiera, aiant respect a ceo q̄ est recover, & a ceo que ore remain en ses maines accordant al value.
Mes ū Rent-charge ne poit eē apportion, ne choses q̄ sont entire: Sicome un tient Ter̄s per service de payer a son Sūr annuelment a tiel Feast un Chival, Esperver, ū Rose, un Cherry, ou tiels semblables; la si le Sūr purchase parcel de la ter̄, cest Service est tout ale, pur ceo que un Chival, Esperver, Rose, ou un Cherry, & tielx auters, ne poyent estre divide on apportion, sans damage al entierty.
En asc̄ cases Rent-charge serra apportion: Come si home ad Rent-charge issuant hors delter̄, & son pere purchase parcel de les Terres charges en fee, & morust, & cel parcel discend a son fits que ad le Rent-charge; ore cel charge serra apportion solonque le value de la terre, p̄ ceo que tiel portion de la [Page 53] ter̄ purchase [...] le pere ne vient al fits [...] son fait demesne, mes [...] discent, & [...] course de Ley.
Common appendant est de common droit & severable; & coment que le Commoner en tiel case purchase parcel del terre en que le Common est eppendant, unc̄ le Common serra apportion: mes en tiel case Common appurtenant & nemy appendant per purchase est extinct. Coke lib. 8. fol. 79.
Appropriations.
APpropriations fuer̄, quant ceux Measons [...] Religion, & ceux Religious [...] sons, come Abbots, Priors, & tiels semblables, avoiēt le Advowson [...] ascun Parsonage al eux & a lour Successors, & obtain licence de le Pape, Ordinary, & Roy, q̄ ils mesmes & lour Successors de ceo en avant doient estre Parsons la, & il serra en avant un Vicarage, & q̄ le Vicar servera le Cure. Et issint al com̄encem̄t Appropriations fueront faits solement a ceux persons Spirituals que puissoient minister les Sacraments, & dire divine Service, come Abbes, Priors, Deans, & tiels semblables. Apres per petit & petit ils fueront enlarge & fait as auters, come nosment al Dean & Chapter, quel est Corps corporat, consisting [...] [Page 54] plusors, and Corps ensemble ne puissont dire divine Service; &, que pluis fuit, al Nuns que fueront Prioresses [...] asc̄ Nunnery quel fuit chose horrible, entant que ils ne puissoient minister Sacram̄ts, ne preach, ne dire divine Service al Parochians.
Et tout ceo fuit sur pretence de Hospitality & maintenance de ycel. Et de supplier ses defects, un Vicar fuit devise, quel serroit Deputy al Priors, ou Dean & Chapter, & auxy al darrein al dit Abbes, & auters a dire divine Service, & il averoit pur son labour forsque petit portion, & ils a quel le Appropriations fueront fait reteigneront le grand revenues; & ils feloyent riens p̄ ceo, [...] means de quel Hospitality decay en le lieu ou il doit estre chiefment gard, nosmement ē le Parish ou le Benefice fuit, & ou les profits cressoyent: & issint il continue tanque a cest jour, si non pis, ven que non seulment les Freres & les Nuns, mais les Laiques tant homes q̄ femes en ont la possession, al grand hinderance del Erudition, ai impoverishment de le Ministery, & le infamy de la Gospel & les Professors de ycel.
Le Vicar avera un certain portion del Benefice, & le Abbe & le Covent ferront Parsons, & averont les auters profits. Cest appelle un Appropriation, [Page 55] & donques le Abbe, & le Covent serront Parsons imparsonees: mes tiel Appropriation ne poit eē fait a commencer en le vie le Parson, sans son assent.
Et apres l' Esglise fuit appropriate, donques fuit ceo un Incident inseparable al Meason de Religion a q̄ ceo fuit issint appropriate. Et p̄ ceo ou les Terres des Templars en Angleterre fueront done [...] les general parols dun Act [...] Parliament [...] 17 E. 2. al Hospitallers, fuit adjudge, Que les Hospitallers per le dit Act naveront l' Appropriation, car ceo fuit inseparablement annex al Corporation des Templars: quel chose consistent en inseparable privity, per general parols dun Act de Parliament ne serra transferre al auters. Coke lib. 7. fol. 13. a.
Mes si tiel Advowson del Parsonage soit recover [...] ancient title, donques l' Appropriation est adnulle. Et est appelle Appropriation, p̄ ceo q̄ ils teigne les profis a lour ꝓper use.
Approvement.
APprovement est, lou un home ad Common en le Waste terre [...] Seignior, & le Sn̄r enclose part del Waste ter̄ p̄ luy mesme, relinquishant niēt obstāt sufficient Com̄on, [Page 56] ove egresse & regresse, pur les Com̄oners. Cest Inclosure est appel Approvement. Vide [...] e Reg. Jadic. fol. 8, & 9.
Approver.
APprover ou Appel [...] est cestuy que ad fait ascun Felony, le quel il confesse, & a ore appel ou approve, cest adire, accuse auters que fueront Coadjutors ou A [...] dors ove luy en fesans, [...] ceo ou aut' Felonies, le q̄l chose il voile approver. Et cest proof est destre ou [...] Battail, ou per le Pais, a son election que approve. Cest accusation est plusors fo [...] ts fait devāt le Coroner, que ou est assigne al fe [...] on per le Court a prēder & recorder c̄ q̄ il dit; ou est appel [...] le Felon luy mesme, & require pur le bone del Prince & Publique weale, a recorder ceo q̄ il dirra. Le Serement del Approver quant [...] il com̄ence le comba [...] , cōe auxy le proclamation per les Heraulds, appearont en Crompt. pag. ult.
Si home que est de bone same foit appeal [...] un Approver, [...] q̄ il est prise & deteign en prison, uncore il poit aver un Brief destre direct al Vicount luy com̄andāt a [...] mitter le Party appeal deē bail [...] bone Mainpernors. Mes si home appeal [...] un Approver soit deteign en Prison, & apres [Page 57] le Approver devie, la il puit sue un Brief direct al Visc̄, a [...] mitter l [...] y de aler a mainprise sur bone Surety, fil ne soit notorious Felon, com̄t q̄ il ne soit [...] bone fame. Fitz. N. B. 250. d.
Approvers le Roy.
APprovers le Roy sont ceux que ont le demiser des Demeans le Roy deins petits Manors le Roy pur le plus availe le Roy. Et des tiels Approvers poies veier en le Stat. 2. E. 3. c. 12. que fuerōt homes mises en divers Counties p̄ encrease les Farmes des Hundreds & Wapentakes. Et est a veier en le Stat. 1 E. 3. c. 8. que les Visc̄ appel eux mesmes les Approvers le Roy.
Arbitement.
ARbitrement est un Award, Determination ou Judgement, quel un ou plusors sont al request de deux parties al meines, pur & sur ascun Det, Trespass, ou auter Controversie ewe [...] enter eux. Et cest appel en Latin Arbitratus, & Arbitrium; & ils que font le Award ou Arbitrement sont appel Arbitri, en Anglois Arbitrators.
A chesc̄ Arbitrement cinq̄ choses sont incident; sc. Matter de Controversie, Submission, [Page 58] Parties al Submission, Arbitors, & Render suis del Arbitrement. Dier 217. pl. 60. Si l' Arbitrement soit fait, q̄ lun partie alera quit de touts Actions que lauter ad vers luy, & riens est dit des Actions que il ad vers lauter; cest Arbitrement est void, p̄ ceo que fuit fair de lun part, & nemy de lauter 7 H. 6. c. 40.
Quant un Submission a un Arbitrem̄t est general [...] touts Actions, &c. & le Arbitrat' fait un Award solement de un, uncore ceo bien poit estoyer ove le generality des parols q̄ la ne fuit forsque un Cause dependant [...] ent' eux; car, Generale nihil certi implicat. Et si le Arbitrem̄t serroit p̄ ceo avoid, donques plusors Arbitrem̄ts poient eē void; car lun poit conceal un Trespass fait, ou aut' cause de Action done a luy, & issint avoid l' Arbitrem̄t. Auxy nul party al asc̄ Arbitrem̄t ser̄ [...] ceo lye, finon [...] le Agard foit a luy deliver, coe est Cok. l. 5. f. 103. Vide Cok. l. 8. f. 98.
Arches.
ARches (sive Curia de Arcubus) est le principal & plus ācient Consistory q̄ ap [...] tain al Archevesque de Can. & est appel de les Arches del E [...] glise lou le dit Court est tenus, viz. Ecclesia B. Mariae de Arcub e Londres. Et de cest [Page 59] Court mention est fait en Stat: 24 H. 8. c. 12. touchant Appeals.
Arms.
ARmes, en le intelligence del Ley, est extend a toutes choses q̄ un home, en son ire ou furie, prend en sa main pur jetter ou ferier un autre. Crom. Just. P. f. 65. a.
Array.
ARray est le disposing ou ordering du Jury ou Enquest de hom̄s q̄ sont impannel sur asc̄ cause, 18 H. 6. c. 14. de q̄ veint le verb, al arrayer un Pannel. Vet. N. B. f. 157. cest adire, a mitter hors un [...] aut' les homes q̄ sont impanel. Le Array serra quash, ib. Per Statute chesc̄ Array en Assise devoit destr̄ fait quater jours devant. Brook. tit. Panel, num. 10. A challenge le Array, Kitch. 92.
Arrain.
ARrain est a mitter un chose en or [...] ou en son lieu: Sicom̄ il est dit arrain un Brē de Novel Disseisin en un County en que il devoit estre port [...] trial devant les Justices de cel Cireuit. Vit. N. B. fol. 109. Et en tiel sense Litt. ad use mesme l' parol, le Lessee [Page 60] arraign̄ un Assise de Novel Disseisin. Auxy un prison̄ est dit destre arraign̄, quant il est indict & mis a son trial.
Arrerages.
ARrerages sont Duties arere nient pay apres le jours & temps en que ils fueront dues, & doyent aver estre payes, soyent ils Rents de Manor, ou ascun auter chose reserve.
Arrest.
ARest est quant un est pris & restrain a son liberty. Nul serra arrest p̄ Det, Trespass, Detinue, ou auter cause de Action, mes [...] vertue dun Precept ou Com̄andment hors de asc̄ Court. Mes p̄ Treason, Felonie, ou debruser del Peace, chesc̄ hom̄ ad auctoritie [...] arrester sans Garrantie on Precept. Et lou serra arrest p̄ Felonie, il covient, q̄ ascun Felonie soit fait, & que il soit suspect de m̄ le Felonie; ou auterment il poit aver envers luy que issmt luy arrest ū Brief [...] faux Imprisonment. Et quant asc̄ hōe est arrest pur Felonie, il serra amesne a le Goale, la a demurre tanque al ꝓchein Session, p̄ estre indict, ou deliver [...] Proclamation.
Arretted.
ARretted est cestuy q̄ est appel devant ascun Judge, & charge ove un crime. Asc foits cest use pur impute ou laid unto: Sicome nul folly puit estre arret a luy que est deins age, Lit. cap. Remit. Cest parol poit vener [...] Latin parol Rectus, car Bracton ad cest Phrase, ad rectum habere malefactorem, issint que il poit estre charge & mis a son trial. Et en aut' lieu il dit, Rectatus de morte hominis.
Assach.
ASsach semble estre un British parol, & signifie un estrange espece [...] Excuse ou Purgation per les Sacraments de trois cents homes. An. 1. H. c. 5.
Assart.
ASsart est un offence commit en le Forest per attachment le Boys que sont thickets ou coverts del Forest & [...] feasance de eux cy plain com̄ le ter̄ arable. Cest Assart del Forest est pluis grād offence ou trespass q̄ puit estr̄ fait en le Forest al Vert ou Venison conteignont en ceo Wast, ou pluis: Car ou Waste del Forest nest forsq̄ le felling [Page 62] & succiding del Covert Boys, q̄ poit en temps recrescer; un Assart est un arrachm̄t [...] le root, [...] q̄ ils ne unques poiēt crescer. Manw. part. 2. cap. 9. n [...] . 1. Un Brief [...] Ad quod dampnum poit estre agard, lou un home voile sue pur un licence dassart son ter̄ deins le forest, & faire c̄ Several pur Agriculture; issint que nest asc̄ offence sil soit fait per licence. Regist. orig. f. 257.
Assault.
ASsault (du Francois Assaillir) signifie un violent facōn de Injurie offer a la person de un hōe, [...] un nature plus extēdue q̄ Battery; per ceo q̄ il poit estre cōmis en offrant un coup, ou [...] les parols menaceants. Lamb. Eiren. l. 1. cap. 3.
Assayer.
ASsayer est un Officer del Mint appoint per le Statute 2 H. 6. c. 12. destre present al receit del Bulliō, come un party indifferent enter le Master del Mint de le Merchant pur determine le uray value de Bullion solonque le Ley.
Assets.
ASsets est en deux sorts; lun appel Assets per deseent, laut' Assets enter maines. Assets per des [...] ent est, lou un home est oblige en un Obligation, & morust seisie de terres en Fee-simple, queux descend a son Heir, donques cest ter̄ serra appel Assets, cest adire, sufficient de payer cest dett; & [...] cest means le Heir serra charge cy avant q̄ le ter̄ issint a luy descēd voil stretch. Mes sil alien devant que le Obligation soit mise en suit, il est discharge.
Auxy quant un home seisie de ter̄ en tail, ou en droit [...] son feme, alien ceo ove Garranty, & ad en value tant terre en Fee-simple, que descend a son Heir, q̄ est auxy Heir en Tail, ou Heir al feme: ore le Heir, apres le mort son Ancestor, port ū Brief de Formedon, ou Sur cui in vita, p̄ le terre issint alien; donques il serra Barr̄, per reason dun Garranty, & terre issint descend, que est tant en value come ceo que fuit vende, & issint per ceo il nad receive ascun [...] judice. Pur ceo cest terre est appel Assets per descent.
Assets enter maines, est quāt un home en dett (com̄ devāt est dit) fait Executors, & relinquist a eux sufficient de [Page 64] payer ou ascun com̄odity ou ꝓfit est venus al eux en droit lour Testator; cest appel Asets en lour maines.
Assignee.
ASsignee est celuy a que un chose est appoint ou assign̄ destre occupy, pay, ou fait; & est touts foits tiel person que occupy ou ad le chose issint assigne en son droit demesne, & p̄ luy mesme. Et [...] Assignees il y sont deux sorts, nosment, Assignee en Fait, & Assignee en Ley.
Assignee en Fait est, quant un Lease est grant al un & a ses Assignees, ou sans cest parol, Assignees, & le Grant' done, grant, ou vend le dit Lease al aut', il est son Assign̄ en Fait. Assignee en Ley est chesc̄ Executor nosme per le Testator en son Testam̄t. Cōe si un Lease soit fait al ū home & a ses Assignees, (sicome est avantdit) & il fait ses Executors, & morust sans assignm̄t del Lease al asc̄ auter; les Executors avera mesme le Lease, p̄ ceo q̄ ils sont ses Assignees en Ley. Et issint est en autors semblables cases.
Assise.
ASsise est un Brē que gist ou asc̄ hoane est mis hors de son ter̄ ou tenements, ou [...] asc̄ [Page 65] ꝓfit & prender en certain lieu & issint disseisie [...] son Franktenem̄t. Franktenem̄t a asc̄ hōe est, lou il est seisie [...] terr̄ ou tenem̄ts, ou ꝓfit a prē [...] er en Fee-simple, Fee-tail, pur term de son vie demesne ou p̄ aut' vie. Mes Tenant ꝓ Elegit Tenant [...] Stat. Merchant & Stat. Staple poiēt aver Assise, com̄t que ils nont Franktenement; & cest ordein per divers Statutes.
En Assise il covient touts [...] oits que il soit un Disseisor & un Tenant, ou auterment le Brief abatera.
Auxi lou un hōe est disseisie, & recovera [...] Assise de Novel Disseisin, & puis est auter folts disseisie [...] mesme le Disselsor, il avera vers luy un Brief [...] Redisseisin directe al Visc̄ de faire inquisition; & si trove soit le Redisseisin, il serra mis en prison. Aux' si home recovera per Assise de Mortdauncastor, ou [...] aut' Jury, ou [...] default, ou [...] reddition, & sil soit auterfoits disseisie, il avera donques ū Brief de Post D [...] sseisin; & cestuy q̄ est pris & imprison p̄ Redisseisin, ne serra deliver sans especial com̄andm̄t le Roy. Vides les Statutes Mert [...] n c. 3. Mar [...] bridge c. 8. & Westminster 2. c. 26.
Auxi il est un aut' Assise, nosm assise de Fresh force, & gist lou hōe est disseisie [...] tenem̄ts queux sont devisables, cōe en le City de Londres, ou [Page 66] auter Boroughs ou Villes que sont Enfranchises; donques le Defendant viendra ē le Court del dit Ville, & enter son Plaint, & avera un Brē direct al Major ou Bailiffs &c. & sur ceo passera un Jury en manner de Assise de Novel disseisin. Mes il covient q̄ il ent' son Plaint deins quadragint jours, ut dicitur, ou aut'm̄t, il serra misse a le Com̄on Ley. Et si les Ministers delay Execution, donques le Plaintiff avera un auter Brief daver Execution, & sicut alias, & un Plures, &c. Vide Littleton cap. 10.
Assise de darreine Presentment.
ASsise de darrain Presentment. Vide Quare impedit.
Auxi est un Assise de Nusance appel Assisa Nucumenti.
Assisa ultimae Praesentationis.
Assise de Mortdancestor.
ASsise de Mortdancesior, Vid. Tit. Cosinage.
Association.
ASsociation est un Patent mis [...] le Roy, ou de son motion demesn̄, ou al suit del [Page 67] party Plaintiff, al Justices de Assise, pur aver auters ꝑsons associes al eux de prender le Assise: Et sur ceo Patent de Association, le Roy mander̄ son Brē as Justices de Assise, eux com̄andant ꝑ icel de eux admitter q̄ sont issint mis.
Si le Roy fait trois Justices đ Assise, & puis un de ceux devie, ore le Roy poit faire un Patent a un auter de Association, de associer luy a les deux, en lieu de cestuy que est mort; & un Brief, que serra close, direct a les deux Justices que sont en vie, đ luy admitter. F. N. B. 185.
Assoyl.
ASsoyl venust del Latine absalvere, & signifie pur bail ou discharge ascun del Excommunication; & issint est use per Stamford, Pleas de Coron. lib. 2. cap. 18. fol. 71. b.
Assumpsit. Vide Nude Contract.
ASsumpsit est un voluntary promise fait per parol, ꝑ q̄ home assume ou prist sur luy a payer ascun chose al auter. Cest parol contein en ycel ascun verbal Promise fait sur consideration, que les Civilians expresse per plusors parols, accordant al nature del Promise; ceo appellant asc̄ [Page 68] foits Pactum, Promissionem, auter foits Sponsionem, Pollicitationem, ou Constitutum.
Attach.
ATtatch est un Prisure ou Apprehending [...] com̄and ou Brief. La sont ascuns d [...] fferences perenter un Arrest & un Attachment; car un Arrest proceed hors del inferiour Courts per Precept, & Attachment hors del superior Courts [...] Precept ou Brief. Lamb. Eiren. lib. 1. cap. 16. Auxy un Arrest gist solement sur le Corps [...] un home, lou uu Attachment est ascun foits sur ses biens solement; come Kitch fol. 279. b. dit, que home poit attach un Vache, & en auter lieu, que home poit estre attach per 100. Barbits; & il est ascun foits agard sur le Corps & Biens ensemble al un & m̄ le temps.
Attachment differ a un Capias, car Kitchin fol. 79. b. ad ceux parols, Nota que en Court Baron home serra attach per biens, & ne issera Capias la: Per que il semble Attachment est pluis general, extendant al prisure des biens, lou Capias extend al prisure del Corps solement.
Un Attachment differ a un Distress, come appiert per Kitch. fol. 78. a. ou il dit, Process en Court Baron est [Page 69] Summons, Attachment, & Distress, que sont Processe al Common Ley.
La est auxi un Attachment de Priviledge: & ceo est en deux mann̄s; ou donant poyer [...] apprehender un hom̄ en un lieu priviledge, ou [...] vertue dun Office ou Priviledge; com̄ de appeller un aut' a cel Court a q̄ il mesm̄ est attendant, ct en respect de quel il est priviledge. Novel Livre de Entries, fol. 431. a.
Et la est Process appel Foreign Attachment, q̄ est use al attacher les biens del Foreigners trove diens ascun Liberty ou City, pur un Dett due al party mesme. Et [...] le customs dascūs lieus, hom̄ poit attach biens en les maines dun Estranger: Come si A. devoit al B. 10 livres, &c. devoit al A. un auter sum de argent, B. poit attacher les biens de A. en les maines de C. a luy satisfier ou en part ou en tout, come le Dett est.
Auxy la est Attachment del Forest, que est un Court la tenus chescun 40 jours per tout le an: En que le Verderors nont ascun auctority, forsque de receiver & inroller les Attachments del offenders encounter Vert & Venison prise per les auters Officers, q̄ ils poiēt eē present al prochein Justice seat ē Eyre Manwood part 1. p. 93. cap. 22.
Attainder.
ATtainder est un Conviction dascun person dun crime ou fault dont il ne fuit convict devant: Sicome un home fait Felony, Treason, ou tiels semblables, & de ceo est indi [...] , arrain̄, & trove guilty, & ad Judgment, donques il est dit destre Attaint. Et ceo poit estre deux voyes; le un sur Appearance, le auter sur Default. Le Atta nder sur Appearance est per Confession, Battel, ou Verdict: le Attainder sur Default est per process tanque il soit utlage.
Attaint.
ATtaint est un Brief que gist lou faux Verdict est done per douze homes, & Judgment done sur ceo, donques le party vers que ils avoient pas, avera cest Brief vers les douzes homes; & quant ils sont a issue, il ferra trie per vint quarter Jurers, & si faux Verdict soit trove, les douz Jurors sont attaint; & donques le Judgment serra, que lour Prees serront eyrs, lour Measons debruses, lour Bois subvertes, & touts lour Terres & Tenements fo [...] feit al Roy: Mes sil passa encounter celuy que port cest attaint, il serra imprison, & grievousment ransom al volunt [Page 71] le Roy. Vide le Stat [...] 23 Hin. 8. cap. 3. Attaint auxy est quant Judgment est done en Treason ou Felony.
Attendant.
ATtendant est ou un doit un Duty ou service al a [...] ter, ou cōe il fuit depend sur auter: Come si la soit Seignior, Mesme, & Tenant, le Tenant tient del Mesne pur ū denier, le Mesne tient ouster [...] deux deniers, le Mesne release al Tenant tout le droit que il ad en le terre, & le Tenent morust; sa feme serra endow del terre, & el serra Attendant al Heir del tierce part dun denier, & nemy del tierce part del deux deniers; car el serra endow del mieux possession de sa baren Auxi ou le feme est endow [...] le Gardian, el serra Attenaant al Gardian, & al Heir a son plein age.
Attournment.
ATtournment est, quant un est Tenant pur term de vie, & cestuy en l'Reversion ou Remainder grā [...] a son droit ou estate a un aut', donques il coviēt q̄ [...] e Tenāt p̄ vie agree a ceo; & cest agreement est appel Attournment. Car si cest [...] y en le Reversion grant son estate & son droit a ū auter, si le Tenant p̄ vie ne attourna, riens pas [...] le grant.
[Page 72] Mes sil soit grant per Fine en Court de Record, il serra compel [...] attourne. Et vide de ceo apres, Titulo Quid [...] ris clamat, & Littl. lib. 3. cap. 10.
Atturney.
ATturney est un designe per auter home a faire ascun chose en son lieu, le quel [...] est issint ad define, Atturneys sont tiels Persons q̄ per consent, commandment, ou request, caveont, veieront al, & prendront sur eux le charge de besoigns de au [...] ers homes en lour absence.
Et lou en ancient temps ceux [...] authority ē Courts ōt aver ceo ē lour arb trem̄t, ou ils voilent [...] mitter homes de appearer ou suer [...] ascun aut' q̄ eux mesmes, come appiert [...] F. N. B. 25. en le Brief de Dedimus potestatem de Attornato faciendo, ou il est monstre, q̄ hom̄s fuer̄ chase a procurer les Briefs ou Letters Patents del Roy, al appointer Atturneys pur eux; il est ore provide [...] divers Stat. q̄ il serra loyal issint a faire sans asc̄ tiel circuit. Et la est grād diversity de Briefs ē le table del Register, [...] q̄ le Roy com̄and ces Judges al admit' [...] Atturnys.
Per quel meās al darrein la fueront cy plusors imperite Atturneys, & cy plusors mischiefs [...] eux, q̄ un Act fuit [Page 73] 4 H. 4. 18. ordeigne p̄ lour restraint que les Justices examineront eux, & mittront hors le imperites: & An. 33 H. 6. c. 7. q̄ la ne serront mes un certain number de eux en Norfolk & Suffolk.
En queux cas [...] s home a cest jour poit aver ū Atturney & en queux nemy, veies F. N. B. en le lieu devant cite.
Atturney est ou general, ou special, Atturney general est cestuy que est designe a touts nostre affaires ou Suits, com̄ le Atturney general del Roy, Atturney general del Duke, Crom. 105. Atturney special ou particular est cestuy que est imploy en un ou plusors choses particularm̄t specifies. Atturneys gēeral sont faits deux voyes, ou per les Letters Patents del Roy, on per nostre appointment devant Justices en Eyre en overt Court. Veies Glan. l. 11. c. 1. Brit. 126.
Curia de Audience.
CUria de Audience est un Cur̄ appertient al Archevesque de Canterbury, de legal authority; avec le Curia de Arches, bien q̄ inferieur en digni [...] y & antiquity. De quel vous pois lire pluseurs en un Livre entitule, De antiquitate Ecclesiae Britannicae Historia.
Audita Querela.
AUdita Querela est un Brief que gist lou un est oblige en un Estatute-Merchant, Estatute-Staple, ou Recognisance, on lou Judgm̄t est done vers luy p̄ Dett, & son corps en Execution sur c̄; donques sil ad un Releas, ou aut' sufficient matter destr̄ discharge del Execution, mes nad jour en Court de ceo pleader, donques il avera cest Brief vers cestuy que ad recover, ou vers ses Executors.
Auditeur.
Auditeur est un Officer del Roy ou del auter grand person, que per annuel Examination del Accounts de tout inferior Officers accountable, fait un general Livre, que monstre le difference perenter lour Receptions ou Charge, & lour Payments ou Allocations. Veies le Stat. 33 H. 8. c. 33.
Est auxy un auter sort [...] Auditors assigne [...] asc̄ Court en quel un Defendant est adjudge [...] Accounter, queux pristeront l'account, & mise ceo en form en escript, & donque ceo est enrol, & le Plaintiff plede a ceo, & le Defendant reply si mistier soit, & issint aleront al issue sur divers [Page 75] points & particulars del account.
Average.
AVerage est le Service que le Tenant doit a son Seign̄, destre fait [...] les Avers le Tenant: & semble destre derive del parol Averia, p̄ ceo que est le Service que les Avers le Tenant [...] form pur le Seignior [...] carriage ou auterment. Auxy ceo parol ad un auter signification, & est mult use en le Statute 32 H. 8. c. 14. pur un certain Contribution, que Merchants & auters payont proportionalment pur les perdes de eux que ont leur biens ejects en un tempest p̄ le safe-guard del Niefe ou des biens & vifes de eux que sont en le Niefe.
Averment.
AVerment est, lou un home plead un Plea en Abatement del Brief, ou Barr̄ de Action, que il dit est prist de prover come le Court voit agard. Cest offer de prover son Plea est appel un Averment.
Auxy est un Brief appel Brief de Averment, que est fait hors [...] ascun Court del Ley a Westminster Sale, ou un Action Depend quant le Viscount sur un Distringas [Page 76] returne petits issues donques les Judges al Assises poit cause ceo destre enquise [...] un Jery si le Viscount poit returne pluis issues des terres le Defendant, & si soit trove q̄ il poit, donques il doit returne pluis issues a compel le Defendant de appear al suit del Plaintiff, ou a faire ceo que le Distringas require luy a faire.
Averpeny.
AVerpeny est, quietum esse de diversis denariis pro arreragiis Domini Regis.
Augmentation.
AUgmentation suit le nosme de un Court erect en le 27 An. del Roy Henry le huict. Et le cause de ceo fuit, q̄ le Roy puit estre vierment use touchant les ꝓfits de tiels Religious Measons & lour Terr̄ que fueront done a luy [...] Act [...] Parliam̄t mesme le an. nient imprimee. Pur le dissolving le quel Court le fuit un Act sait en le Parliament tenus en le prim̄ an del Reign del Roign Mary, Sess. 2. Cap. 10. que el puis mis en Execution per sa Letters Patents. Le nosme del Court surde [...] ceo, Que les Revenues del Corone fueront tant augment [...] le Suppression des dit Measons quant le Roy reserve al [Page 77] Corone, & nient done ou vende al auters. Mes le Office de Augmentation remain a cest jour, en que la sont plusors Records de grand use & importance.
Aumone.
AUmone, ou Tenure en Almoin, est Tenure per Divine Service; car issint Brit. dit, fol. 164. Tenure en Aumone est terre ou tenements do [...] e a Aumone, dont ascun Service est retenue al Feoffor ou Donor.
Auneel weight.
AUncel weight fuit un ancient manner de poiser en Angleterre, [...] le pender des balences hooks al chescun fine [...] un baston, le quel le party elevate sur son digit, ou ove sa main, & issint discerne le equality & difference des choses poises. Mes ceo weight esteant subject al mult deceit, divers Statutes fueront faits q̄ ceo ouster, com̄ le Statute 25 E. 3. c. 9. & 34 E. 3 c. 5. & 8 H. 6. c. 5. & auters. Et fuit appel Auncel weight, quasi Handsale weight.
Auncient ou ancient Demesne.
ANcient Demesne est un certain Tenure per quel touts ceux Manors queux fueront en maines de S Edward le Confessor, & les queux il fist escrier en un Livre appel Dooms-day sub tit [...] lo Regis, & touts les ter̄ tenus de dit Manors sont tenus; & les Tenāts ne serra implead hors del di [...] Mannors, & sil soyent, ils poyent monstre le matter, & abater le Brief: mes sil responder al Brief, & plead, & Judgment soit done, donques les terre sont devenus frank-see a touts jours, Tantque ceo Judgment est reverse per Brē de Disceit. Rast. Ent. 100, 221. 2 R. 3. 1. 11 H. 4. 36. 21 E. 3. 20. Auxy touts Tenants ē Ancient demesne sont frank [...] Tolle p̄ touts choses concernont lour viand & husbandrie en aucient demesne, & p̄ tiels terres ils ne serra mis ne empan̄el sur asē Enquest. Mes touts les terres en Anciēt demesn̄ queux sont en maines le Roy sont frank-fee, & pleadable al Com̄ Ley. Veies plus apres en le Title Sokmans.
Avoir de pois.
AVoir de pois est tant adire, veri sive justi ponderis; Et signifie en nostr̄ Ley [Page 79] deux choses; Primerment, un kind [...] pois different [...] ceo q̄ est appel Troy Weight, que nad forsque 12 ounces al liver, lou le Avoir de pois contein 16. Secondment, signifie tiel Merchandises queux sont poises [...] cest weight, & nemy per Troy weight. Come est a veier en le Stat. de York, 9 E. 3. & 27 E. 3. c. 9. Stat. 2. c. 10. & le Stat. [...] Glocester, 2 R. 2. c. 1.
Avowrie.
AVowrie est lou un prist Distress pur Rent ou auter chose, & lauter sua Replevin; donques celuy que avoit ceo prise justifiera ē son Plea pur quel cause il prist ceo: & si il prist ceo en son droit demesne, il doit ceo monstre, & issint avow a le prisel, & ceo est appel son Avowrie. Mes sil ceo prist en ou p̄ droit [...] un auter, donques quant il avoit monstre le cause, il ferra conusance del prisel, come Bailif [...] ou servant a celuy en q̄ droit il prist ceo.
Avowterer.
AVowterer est un Adulterer ove que un feme Covert continue en Adulterie, le Crime est appel Avowtry. 43 E. 3. 19.
Awme.
AWme est un Vessel que conteine 40 broces de vine Rhenish & est mention en Statute fait 1 Jac. 23.
B Backberind Thief.
BAckberind Thief est un Laron prise ove le man̄, cest adire, aiant ceo trove sur luy (esteant pursue ove le Hue & Cry) le quel il ad emblee, soit il mo [...] ey, linen, woollen, ou aut [...] stuff: mes il est pluis ꝓpermm̄t dit, quant il est prise portant tielx choses q̄ il ad emblee en un bundle ou fardel sur son Dorse.
Manwood en part 2. ceo note [...] un des quater circumstances ou cases en que un Forester poit arrest le Corps [...] asc̄ offender encounter Vert ou Venison en le Forest; q̄ux sont, Dog-draw, S [...] able-stand, Back-berind, & Bloody-hand.
Badger.
BAdger est tant adire com̄ Bagger, del Francois parol [Page 81] Baggage, id est, Sarcina: Et est use ove nous p̄ un que est licence de achater Corn ou auters Victuals en un lieu, & de eux transporter al auter; & tiel home est exempt en le Statute fait An. 5 & 6 E. 6. cap. 14. del punishment [...] un Ingrosser deins ceo Statute.
Baile.
BAIL est, quant ū hom̄ est prise ou arrest p̄ Felony, suspition [...] Felony, indict [...] Felony, ou asc̄ tiel case, issint que il est restraine [...] son libertie, & esteant [...] le Ley bailable, offera Surety al eux q̄ ont auctority de luy Bailer; queux Sureties sont oblige p̄ luy al use le Roy en certain sum̄ [...] argēt, ou corps p̄ corps, q̄ il appiera devant les Justices [...] Goal-delivery al prochein Sessions, &c. Donques sur les Bonds [...] ceux Sureties (come est avantdit) il est bail, cest adire mis al liberty, tanque le jour appoint p̄ son Appearance.
Manwood in le prim̄ part [...] son Forest Ley, pag. 167. dit, Que la est ū grand diversity [...] ent' Bail & Mainprise; car ceftuy que est mainprise est touts foits dit destre a large, & daler a son liberty demesn̄ hors de gard, puis q̄ il est mis al Mainprise, jesque le jour [...] son appearāce, [...] reason [...] cō mon [Page 82] Sum̄ons, ou auterm̄t Mes nest issint ou home est mis al Bail [...] quat' ou deux homes, [...] le Sn̄r chief Justice en Eyre del Forest, jesque un certain jour: car la il est touts foits account [...] le Ley deē en lour gard & custody p̄ le temps, & ils poient, sils voilont, tener luy en gard ou en prison au c̄ temps, ou auterm̄t a lour volunt: issint q̄ il q̄ est bail ne serr̄ dit [...] le Ley deē a large, ou a son liberty demesne.
Bailement.
BAilment est un Delivery de choses, soyent ils Escrips, Biens, ou Stuff, al auter, ascun foits destre redeliver arrere al Bailor, cest adire, al celuy q̄ issint deliver, ceo asc̄ foits al use del Bailee, cest adire, de luy a q̄ il est deliver; & asc̄ foits auxy il est deliver a ū tierce person. Cest delivery est appel un Bailment.
Bailiff.
BAiliff est un Officer que appertient a un Mannor, p̄ order le husbandry, & ad authority de payer Quit-rents issuant hors del Man̄or, succider arbres, repair les Measōs, faire pales, haies, distrain avers damage feasant sur le terr̄, & divers tiels semblables. Cest Offic̄ est celuy que les ancient [Page 83] Saxons appel ū Reeve, car le nosme Bailiff ne fuit donques conus enter eux, mes vient' eins ove les Normans, & est appel en Latin Villicus.
La sont deux aut' sorts de Bailiffs, cest adire, Bailiffs errant, & Bailiffs de Franchises. Bailiffs errant sont ils q̄ le Vicount fait & design daler ēviron le County a executer Briefs, a summon le County Sessions, Assises, & tiels s [...] blables. Bailiffs de Franch [...] sont tiels que sont desig [...] chescun Sn̄r deins son [...] berty, a faire tiels offices deins son Precincts q̄ le [...] errant fait a large en le County. Cest Bailiff distrain pur Amerciaments assesse en les Courts tenus deins le Mannor de quel il est Bailiff. Mes si ti [...] Court est [...] prescription [...] tenus deins un mois apres [...] Feast, & le Seneschal [...] ceo apres le mois, & en [...] Court assesse un Fine ou Amerciament, & le Bailiff distrain p̄ ceo; le party q̄ est [...] sint distrein puit aver ū [...] de Trespass vers le Bailiff.
Bank.
BAnk (en Francois Banque, [...] . Mensa) est usualment pri [...] pur un Selle ou Bank [...] Judgment; come Bank le Rey, Bank de Common Pleas, [...] Common Bank, Kitchin fol. 102. appel auxy en Latin [Page 84] Bancus Regius, & Bancus Communium Placitorum. Crompt. Jur. fol. 67, & 91.
Bank le Roy.
BAnk le Roy est un Court a Westminster lou les Pleas del Corone, Debts, Trespasses & personel Actions, Errors, Audita Quer [...] la, &c. sont determine.
Bankrupt.
BAnkrupt, per le Statute 1 Jac. c. 15. est issint describe; touts & chescun tiel [...] son & persons, usāt, ou q̄ useroit le Trade de Merchandise [...] voye [...] Exchanges, Barterie, Chevisāce, ou auterm̄t ē gross, ou [...] queront son, sa, ou lour Trade de viver [...] emption eu vēditiō, & esteant un subject nee de cest Realm, ou asc̄ des dominion del Roy, ou denizē, q̄ al ascun temps citra le p [...] im̄ jour [...] cest pre [...] ēnt Parliam̄t, ou al asc̄ tēps ē apres departer a le Royalm, ou com̄ence a retain̄ son ou sa meason ou measons, ou auterm̄t [...] absent' luy ou sa m̄, ou prendra sanctuarie, ou suffer luy, ou sa mesme volūtarim̄t destr̄ arrest [...] asc̄ Debt, ou asc̄ chose niēt cressant ou due p̄ argent deliver, wares vend, ou asc̄ aut' just ou loyal cause, ou bō cōsiderac̄ ou purposes, cu ad ou voile [Page 85] suffer luy ou sa m̄ destre utlage, ou dō luy ousa m̄ al prison, ou volūtarim̄t ou fraudulētm̄t ad ou ꝓcurera luy ou sa mesme deē arrest, ou ses ou sa biens, argent ou chattels, destre attach ou sequestre, ou departera de son ou sa meason inhabit, ou faiera ou causera destre fait ascun fraudulent Grant ou Conveyance de son, sa, ou lour Terr̄s, Tenements, biens ou Chattels, al entent ou [...] q̄ son, sa, ou lour Creditors, esteant Subjects nee, come avantdit, serra ou poient estre defeat ou delay per le recovery de lour just & voyer Dett, ou esteant arrest p̄ Dett, apres son ou sa Arrest gisera in prison siz moys ou pl' sur cē arrest, ou ascun aut' Arrest ou Detenc̄ en Prison pur Dett, & gisera en Prison size moys sur tiel Arrest ou Detention, serra accōpt & adjudge ū Bankrupt a chescū intents & p̄poses. Veies le Stat. 14 Car. 2. ca. 23.
Banneret.
BAnneret est un Chivaler fait en le Campe, ove le Ceremony del amputer le point de son Standard, & feasant ceo sicome un Banner. Et tiels sont allows pur display lour armes en un Banner en le army le Roy, come Barons font. Et que tiels fueront ꝓcheins as Barons en dignity, [Page 86] appiert ꝑ le Statute fait en le 5 an đ R. 2. State. 2. ca. 4. ꝑ quel Statute semble que tiels Bannerets fueront ancientment appels per summons al Parliament.
Bannum.
BAnnus sive Bannum est un parol frequent & ordinary enter les Feudists, & signifie un Proclamation, ou asc̄ publiq̄ notice don̄ đ asc̄ chose. Bra. l. 3. tra. 2. cap. 21. fait. mention de Banno Regis p̄ un Proclamation, ou silence fait ꝑ le Crier devāt le congresse des Champions en un combat. Mes nous nosm̄ cest parol Banns principalm̄t p̄ le Publication des Contracts matrimonial en les Esglise devant Marriage.
Bargain & Sale.
BArgain & Sale est, quant un Recompence est done ꝑ ambideux les parties al Bargain: Com̄ si un bargain & vend son Ter̄ al auter p̄ argēt, icy le ter̄ est un Recompence a luy p̄ le argent, & le argēt est un Recompence al aut' p̄ le Terre; & ceo est un bone Contract & Bargain. Et per tiel Bargain & Sale Terres poient passe sans Livrie de seisin, si le Bargain & Sale soit per Fait indent, seal & [Page 87] inrolle, ou en le County lou le terre gist, ou en un des Courts del Roy de Record al Westminster, deins size moys prochein apres le date de mesme le Escript indent, &c. accordant al Statute en ceo case fait en le 27 an. [...] H. 8. cap. 16.
Barcary.
BArcary signifie un Farm meason come semble, Rast. Ent. Tit. Assise en corps politi (que)
Barmote.
BArmote sont divers Courts nient de Record deins le Hundred del Peak in Derbyshire pur le regulation des Groves, Possessions & Trade del Miners & Plumb.
Barony.
BArony est quoddam Dominium regale ubi Breve Domini Regis non currit, & tentum de Domino Rege. Rast. Ent. Tit. Assise en Office 1.
Barr.
BArr est, quant le Defendant en ascun Actiō pleade ū Plea q̄ est un sufficient Respons, & ceo adnulle l'Action de Plaintiff a touts jours.
[Page 88] Et ceo poit estre divide en Barr al common intendment, & Barr special. Barr al common intendment est un ordinary ou general Barr, que communement disable le Count ou Plea del Plaintiff. Barr special est ceo que est pluis que ordinary, & happa en le case en question, sur ascun special circumstance del fact: Come un Executor, esteant sue p̄ le Dett de son Testator, plede que il ad riens en ses maines al jour quant le Brief fuit purchase; ceo est un bone Barr al common intendm̄t, ou prima facie: mes uncore le case poit estre tiel, que plusors biens poient ven̄ a ses maines puis cel temps, que si le Plaintiff poit monstre per voy de Replication, donq̄ sinon que le Defendant ad un pluis special Plea ou Bar [...] alledger, il est desire condempne ē l' action. Veies Plow, fo. 26, 28. Et en mesme le sense Bar̄ est auxy divide ē Barr material ou special, & Barr alarge. Kit. fo. 68.
Barr est auxy en regard del effect divide en Barr perpetual, & Barr temporary. Perpetual est ceo que quash le Action a touts jours: Temporary est ceo que est bone pur le present, & puit apres faller: come, Plene administravit est bone Barr jesque puit appearer q̄ plusors biens viens puis al maines des Executors: queux auxy tient p̄ [Page 89] le Heir, que en un Acc̄ de son Ancestors Dett plede Reins p [...] r discent. Veies Brook tit. Barr. nu. 23.
Barr fee.
BArr fee est un Fee de vint deniers, q̄ chescū prisoner q̄ est acquit de Felony, paler̄ al Viscount ou Gaolar: & de ceo veies 21 H. 7. 16. b.
Barretry.
EST un parol use en Pollices [...] Insurance, & signifie dissentions & quar̄els ꝑenter les Offic̄ & Seamen.
Barretor.
BArretor est Common Mover, Excitor, ou Maintainer de Suits, Quarrels, ou parts, ou en Courts ou en Pays: En Courts de Record, & en le County, Hundred, & aut' inferior Courts: En Pays, en trois manners; primerm̄t, en disturbance del peace, secondm̄t, en prisel ou deteiner des possessions des measons, terr̄, ou biens, &c. q̄ sont en question ou controversie, non solem̄t ꝑ force, mes auxy ꝑ subtilty & deceit, & pluistost en suppression de verity & droyt; tercem̄t, ꝑ faux invē tion & sowing [...] Calumniations, Rumors, & Reports, faisant discord & disquiet surg' inter ses vicines. Veies pluis [...] ceo, Co. lib. 8. fol. 36, 37.
Barter.
BArter semble de vener del Francols parol Barate (i. e.) circumvenire: & cest parol est use ove nous pur le Exchange des Wares pur Wares, & est mention en les Statutes 1 R. 3. cap. 9. & 1; Eliz. cap. 7.
Base fee.
TEner en Fee Base est, a tener a volunt le Seignior. Et un Base Fee est auxy lou ascun ad Estate en terre ꝑ cy longe temps come auter avera heirs de son corps; de quel Estate veies Plow. en Walsinghams Case fol. 557.
Bastard.
BAstard est celuy que est nee de ascun feme nient espouse, issint que son pere nest conus per le order del Ley, & pur ceo il est dit Filius populi.
Quant especial Bastardie est alledge, il serra trie ꝑ le Pays, & nemy per l'Evesque. Mes generalment Bastardie alledge serra trie per le Certificate del Evesque.
Et si un Feme soit grosse de Enfant per son Baron, que morust, & el prist auter Baron, [Page 91] & apres le enfant est nee, cest enfant serra dit le enfant de primer baron. Mes si el fuit privement enseint al tēps del mort sa primer Baron, donques il serra dit le enfant de second Baron. Sed quaere, & veies le opinion de Thorp, 21 E. 3. 39.
Auxy si hom̄ prent feme que soit grossement enseint ꝑ ascun auter que ne fuit sa baron, & apres le Enfant est nee deins les Espousels; donques il serra dit le enfant de baron, mesque il fuit nee forsque un jour apres les Espousals.
Baston.
BAston est un parol Francois, & significat Baculum; mes en nr̄e Statutes est prise pur un des servants del Gardein le Fleet, q̄ attend les Courts le Roy ove un colored Baston, pur le prender [...] eux al gard que sont com̄ise [...] le Court, & pur le attender sur eux q̄ esteāts prisōners sōt ꝑmises ꝑ aler alarge [...] licēce. Et issint est use en le Statutes 1 R. 2. c. 12. & 5 Eliz. c. 23.
Battail.
BAttail est un ancient Trial en nostr̄ Ley, q̄ le Defendant en ū appeal [...] Murder, Robbery, ou Felōy, poit eslier cestascovoir, a combater ove [Page 92] l' Appellant, pur proof sil soit culpable del Felony ou non: quel Combate sil succeed cybien del part le Defendant, que il vanquish le Appellant, il alera quit, & luy barrera de son Appeal a rout jours. Mes si un soit indict de Felony. & un Appeal est port sur mesme le Indictment, la le Defendant ne gagera le Bartall. Battail auxy poit estre en un Brief de Droit, come est en Paramour's Case, Dyer, 301. pla. 41, 42. ou les Champions fueront eslies, & la Battel agard, & les Champions fueront [...] Mainprise & Jures de performer le Battel al Totchil en Westminister; mes per default de appearance en le Demandant riens fuit fait en ceo.
Batterie.
BAtterie est un act que tend al Breach del peace del Royalm; sicom quant un home assault & batter ū auter, ceo est encounter le Ley & peace del Royalm, le quel ordeigne, Que nul hom̄ serra son Judge demesne, ou Revēger de son private tort, mes ceo laisera al censure del Ley, que est touts foits prist de oyer & redresser les droitural & just querels de chescun hom̄: pur q̄ cestuy q̄ est issint assault poit ou inditer lauter party, que sur ceo serra sin̄ al Roy, ou aver son Actiō [...] [Page 93] Trespass de Assault & Battery vers luy (car chescun Battery imply un Assault) & recover tant en costs & damages que le Jury voile doner a luy per lour Verdit; & le Defendant sur cest Indictm̄t ferra fine al Roy, & le Action [...] Trespass voile giser cybien devant come apres le Indictment. Mes si le Plaintiff en tiel Action fist le prim̄ asfault, donques le Defendant alera quit, & le Plaintiff serra amerce al Roy pur son faux Suit. Et est destre observe que le Record del Conviction del party per Indictment poit serve p̄ evidence en le action de Trespass port sur mesme le Assault & Battery.
Mes nient obstant que le party avera un double punishm̄t p̄ tiel offence, cest adire, serra, punish al Roy & al party; uncore ascuns y sont que en respect de lour natural, & auters q̄ en respect [...] lour civil power & auctority ouster aut', ē un reasonable & moderate man̄er poiēt eux chastiser, correcter, & batter; come le Parent lour Puer, le Master son Servant ou Apprentice, le Goaler ou son Servant les turbulent prisōers, le Offic̄ cestuy q̄ est arrest, & ne voile autm̄t obeyer. Auxi hom̄ poit justifie le batture dū auter ē defence [...] son persō demesn̄, ou [...] l' (que)sō [...] sō fem̄, pere, mier̄, ou maister. Et hom̄ poit justifie le batture (que) [Page 94] ū aut' en defence [...] ses biens, & en maintenance de Justice. Mes est destre note, Que en ceux cases, si hom̄ ne soit urge & constrain per un necessary cause, il ne poit justifie le fait.
Beacons & Seamarks.
SOnt Fews maintain sur les coasts del mere a preventer Shipwracks & Invasions. Co. 4. Inst. 148. order [...] Commissioners del Roy.
Bedell.
BEdell est derive del Francols parol Bedeau, q̄ signifie le Messenger dum Court, ou un q̄ cite homes a ceo pur appear & responder. Et Manwood ca. 23. f. 221. a. dit, que un Bedell del Forest est un Officer que ala per tout le Forest semble al special Bailiff le Viscount.
Est auxy un Collector des Rent p̄ le Roy. Plo. Com. 199. 200.
Benefice.
BEnefice (Beneficium) est generalm̄t pris pur ascun Living Ecclesiastiq̄, soit Dignitie ou aut': come An. 13. R. 2 Stat. 2. c. 2. ou Benefices sont devise en elective, & de don.
Besaile.
BEsaile est un Brief que gist pur le Heir; lou son Besaile fuit seisie jour que il morust, ou morust seisie de terre en Fee-simple, & un Estranger enter jour del mort le Besaile, ou abate apres son mort, le Heir avera cest Brief vers tiel Disseisor ou Abator: & veies de ceo Fitzh. N. B. 221. d.
Bewpleadre.
BEwpleader est un Brief sur le Statute de Marlebridge, & gist ou le Viscount ou auter Bailiff en son Court voile prender ū Fine del party Plaintiff ou Defendant, p̄ ceo que il ne pleadera bellement, &c. Et le Brief serra direct al Viscount mesme, ou al Bailiff, ou cestuy q̄ voil demand cest Fine; & est come un prohibition a luy, com̄andant luy que il ne demandera tiel Fine, & puit estre sue ꝑ tout he Hundred, ou per tout le County, come semble, lon il voile demand tiel manner [...] Fine [...] eux. Fitz. N. B. 270. a.
Bigamie.
BIgamie fuit un Counterplea object quant le Prisoner [Page 96] demand le Benefit del Clergie, cestascavoir, son Livre come nosmement, que il que demand le priviledge del Clergie fuit marrie a tiel feme en tiel Lieu, deins riel Diocesse, & que el est mort, & q̄ il ad apres marrie un auter feme deins mesme le Diocesse, ou deins ascun auter Diocesse, & issine Bigamus. Ou sil nad estre forsque un temps marrie, dōques adire, q̄ el que il espouse est, ou fuit un Viefe, cest adire, la Relict dun tiel, &c. Le quel chose serra trie per le Evesque de le Diocesse ou le Epousels sont alledge. Et esteant issint certifie ꝑ le Evesque, le prisoner ꝑdera le Benefit del Clergie. Mes al cest jour, per force de le Act fait 1 E. 6. c. 12. cest nul Plea, mes que il puit aver son Clergie ceo nient obstant. lisint est Brook. titulo Clergie, placito, 20. al mesme purpose.
By-laws.
BY-laws sont orders faits en Court-Leets ou Court-Barons ꝑ le com̄on consent p̄ le bien [...] eux. Et sont les feasors de eux q̄ sont appels By-laws, quasi Birlaws, ou Bawrlaws, de parol Germanols Bawr, id est, Rusticus; issint que Bawrlaws ou By-laws est tant adire com̄ Leges Rusticorum.
Bilinguis.
BIlinguis en general est un hom̄ ove ū double langu; un [...] ̄ il est com̄unem̄t use pur cest Jury q̄ passont perenter un home [...] Angleterre, & un Alien de que part convient [...] ē homes de Angleterre, & part Estrangers. Et p̄c [...] o est enact ꝑ le Statute [...] 28 E. 3. c. 13. Que si asc̄ debate happa destr̄ sur le packing de Lane devant le Major del Staple, ent' les Merchants ou Ministers del mesme, sur ceo, de prover la veritie de ceo, Enquest serra prise: & si lun partie & laut' soit Denizen, il serra trie per Denizens; ou si lun partie soit Denizen, & lauter al [...] en le Moiety [...] l'Enquest ou del proof serra D [...] nizens, & lauter Moiety d [...] Aliens.
Bill.
BILL est la mesme chose ove un Obligation, f [...] rsque quant il est en Anglois, il est com̄unement appel un [...] en Latin, un Obligation. Auxy un Declaration en escript, q̄ expresse ou le grievance & injury que le Plaintiff ad su [...] er ꝑ le partie de q̄ le plaint est fait, ou asc̄ fault ꝑ luy com̄se contre asc̄ Ley ou Statute de le Royalm. Per [Page 98] un Bill nous maintenant entendons un single Bond sans Condition; ꝑ un Obligation, un Bond ove un Penalty & Condition, West. part. 2. Symbol. tit. Supplications, sect. 52.
Billa vera.
BIlla vera est le Endorsement del grand Inquest sur ascū Presentm̄t ou Indictment q̄ ils trovont estre probablement voyer.
Blackmail.
BLackmail est un parol use en le Stat. 43 Eliz. c. 13. & signifie ū certain rate des Deniers, Blees, Cattel, ou auter cōsideration, don̄ ꝑ les povers homes en le North parts de Angleterre, as homes [...] grand nosm̄ & alliance en ceux parts destre ꝑ eux ꝑtects del eux q̄ usualm̄t robbe & embler la.
Black rod.
BLack rod est le Huissier appurtein a tres Noble Order [...] Jarter; issint appel de la Black rod q̄ il port en son main. Il est auxi Huissier [...] la Meason des Peers en Parlam̄t.
Bloodwit.
BLoodwit est, quietum ess as Amerciamentis de Sanguine fuso; & quae teneantur Placita in Curia vestra, habebitis Amerciamenta inde provenientia; quia ( Wit) en Anglois est Misericordia en Latin.
Bloody hand.
BLoody hand est l' apprehension [...] un Trespasser en le Forest vers Venison, ove ses maines ou asc̄ part [...] luy embrues en sank, com̄t q̄ il ne soit trove chasing ou hunting. De quel veies Manw. par. 2. c. 18.
Bockland.
BOckland en temps de Saxons fuit ceo terr̄ q̄ nous a ceo jour appellom̄ Franktenem̄t, ou ter̄ tenus ꝑ Charter; & fuit ꝑ ceo nosme distinguish del Folkland, q̄ fuit terre tenus ꝑ Copy.
Bona notabilia.
BOna notabilia lou un home devy ayant biens al value de 5 l. en divers Diocesses, donque le Archievesque doit commit Administration; & si ascun inferior Evesque grāt ceo, est void. 37 H. 6. 27, 28. & 10 H. 7. 18. Dyer 305.
Bordlands.
BOrdlands signifie le Demesnes que Seigniors tenent en leur maines demesne, p̄ le maintenance de leur Bords ou Tables. Bracton l. 4. tract. 3. c. 9. num. 5.
Borow.
BOrow (q̄ ovesque nous signifie un ancient Ville, com̄ appiert ꝑ Littleton, sect. 164.) en ū parol derive ou del Frā cois Burg, id est Pagus, ou del Saxon parol Bo hoe, id est, Pignus, p̄ ceo q̄ en ancient temps vicines dun Ville deveignont Pledges lun p̄ lauter: & [...] ceo venust Headborow, p̄ le chief Pledge ou Borhoe-Aldere, que nous appellomus le Borow-holder ou le Bursholder.
Borow E [...] glish.
BOrow English est un custumary Descent del Terres ou Tenements en quelques lieus, ꝑ la quel ils vient a la pluis june fits, ou si le ꝓprieteur ad nul issue, a le pluis june frere; com̄ en Edmunton. Kitch. in fol. 102.
Borowhead.
BOrowhead. Veies Headborow.
Bote.
BOte est un veil parol, & signifie Help, Succor, Aid, ou Advantage; & est com̄unem̄t joyn ove un aut' parol, q̄ significatiō il augm̄t; cōe ceux, Bridgebote, Burgbote, Firebote, Hedgebote, Plowbote, & divers tiels semblables, p̄ queux significations veies ē lour proper Titles.
Bottomry vulgo Bomry.
EST quant un Master [...] un Neise en case de necessity gage ceo p̄ denyers p̄ le use de le Neife.
Bribor.
BRribor (Fr. Bribeur, i. Mendicus) semble [...] signifier luy q̄ pilfer les biens des aut' hom̄s. An. 28 E. 2. Stat. 1.
Brief.
BRief (Breve) signifie plus ꝓproperm̄t ē nostre Ley, le Process que issuist hors del Chancery ou auter Court, commandant le Visc̄ de summoner ou attacher A. p̄ responder al Suit B. &c. Mes pius largem̄t est prise p̄ ascun Precept del Roy en escript south Seal, isiuant hors [...] asc̄ Court, ꝑ q̄ il com̄and ascun chose deē fait pur le furtherance del Justice & bone order. Et ils font appel Briefs (Brevia) p̄ ceo q̄ ils briefm̄t cōprehend l' cause del Actiō, & rem brevit' enarrāt. Er asc̄ [Page 102] [...] eux sont Originals, & ascū Judicials, come poies veier alarge en le Register des Brēs.
Broadhalpeny.
BRoadhalpeny en ascun Copies Broadhalfpeny, hoc est, quietum esse de q [...] adam consuetudine exacta pro Tabulis levie ou Boords en Faires ou Markets; & ceux q̄ esteont enfranchised ꝑ le Charter le Roy de cest cust [...] m ont cest parol mise ē lour Let' Patents: ꝑ reason [...] quel, a cest jour le Enfranchisem̄t mesme (p̄ [...] le brevity [...] elocution) est appel Broadhalfpeny.
Broker.
BRoker semble de vener del parol Francois Broieur, id est, Tritor, cestuy q̄ grinde ou rumper un chose en petit parcels. Et le voyer office dun Broker, come appiert ꝑ le Stat. falt 1 Jac. c. 21. est de bar̄, contriver, faire & concluder bargains ent' Merchants & Tradesmen. Mes le parol est ore auxi appropriate as eux que achate & vende vieux & broken apparel & Houshold-stuff.
Brugbote.
BRugbote (& en ascuns Copies Bridgebote) est quietum [Page 103] esse de auxilio dando ad reficiendum Pontes.
Bull.
BULL est un Instrum̄t issint appel, grant ꝑ l'Evesque [...] Rome, enseal ove un Seal de plumbe, & conteinent en c̄ ses Decrees, Com̄andments, ou aut' Acts, accordant al nature del chose p̄ que il est grant. Et ceux Instruments ont estre cy devant use & de force en cest Terre: mes ꝑ le Statute de 28 H. 8. c. 16. fuit enact, Que touts Bulls, Breves, Faculties, & Dispensations, de quelque nosme ou nature que il fuit, ad ou obtaine del Evesque de Rome, serront tout ousterment void, & del nul effect. Vide Rastal. 328. C. D.
Bullion.
BUllion venust del parol Francois Billon, que est le lieu lou Or est trie. Et issint Bullion est prise en les Statutes faits en 27 E. 3. St. 2. c. 14. & en 4 H. 4. St. 1. c. 10. p̄ le lieu a que Or ou Argent est port destr̄ trie ou exchāge. Mes Bullion est auxy prise en le Statute 9 E. 3. Stat. 2. c. 2. p̄ Or ou Argent en le Masse ou Billet.
Burbreach.
BUrbreach est, quiet' esse de Transgressionibus factis in [Page 104] Civitate vel B [...] rgo contra pa [...] e [...] .
Burgage.
TEn̄ ē Burgage, est a ten̄ sicome les Burgers teign̄t [...] Roy ou [...] auter Seign̄r, Terres, ou Tenem̄ts re [...] dāt a luy un certain Rent ꝑ an; ou auterm̄t lou un aut' hom̄ q̄ Burgers tient dasc̄ Seign̄r Terres ou Tenem̄ts en Burgage rendant a luy un certain Rent.
Burghbote.
BUrghbote est, quietum esse de auxilio dan [...] o ad faciendum Burgum, Casirum, Civitatem, Muros prostrat'.
Burgh English.
BUrgh English, ou Borough English, est ū Custome en un ancient Borough, que si un hom̄ ad issue divers fits, & morust, uncore le puisne fits solem̄t inherit', & avera touts les Terr̄s & Tenements q̄ sueront de son pere, [...] que il morust seisie deins mesm̄ le Burgh, ꝑ discent, come Heir a son pere, ꝑ force del Custome de le mesme le Burgh.
Ceo tenure est auxy de Copyhold Estates ꝑ Custom de divers Mannors.
Burglarie.
BUrglarie est, quant un debruse & enter en le meason đ un auter en le nuit, ove felonious intent de robber ou occider, ou de faire auter Felonie; en queux cases, nient obstant il import riens, uncore il est Felony, p̄ que il serra pendue. Auterm̄t est sil soit en le jour, ou que il debruse le meason ē le nuit, & ne entra pas en ceo a cest temps.
Mes si un Servant conspire ove auters de robber son Master, & a [...]cel entent il over les doors & senestres de son Master en le nuit p̄ eux, & ils vient en le measō ꝑ cest voy; cest Burglarie en les estrangers, & le Servant est un Laron, mes nemy un Burgler. Et ceo fuit le opinion de Sir Roger Manwood, Chivaler, Seignior chief Baron de le Exchequer, a la quarter Sessions tenus en Canterbury en January 1579. 21 Eliz.
Buttlerage.
EST un veiel Duty a Roys de cest Royalm p̄ vine import ꝑ Aliens. Moor Rep. 833.
C Cablish.
CAblish entre les Escrivers des les Forest Leys signifie Brushwood. Man. p. 84. Cromp. Ju. fol. 165.
Cantred.
CAntred est cybien en Gaul come un Hundred en Angleterre; car Cantre en le British league signifie Centum. Le parol use an. 28 H. 8. c. 3.
Capicitie.
CApacitie est, quant home, ou Corps politique ou corporate, est capable a don̄ ou prender ter̄s ou auter choses, ou a suer Action: Sicom̄ un Alien nee ad sufficiēt Capacitie a suer ē asc̄ personal Actiō; mes ē real Action est bō Plea. adir̄ il est Alien nee, & prier sil serra respondu. Dy. f. 3. pl. 8.
Si home enfeoffe un Alien & un auter home al use de luy, ou &c. semble q̄ le Roy avera l' moiety del ter̄ a touts jours, ꝑ reason del Incapacity del Alien. Dyer fo. 283. pla. 31.
[Page 107] Per le Common Ley nul home ad Capacity [...] prender Dismes fors (que) Spiritual persōs, & le Roy, q [...] i est persona mixta: mes Lay-home, q̄ nest capable [...] Dismes ē ꝑnāce, fuit uncore capable [...] discharge de Dismes al Common Ley ē son ter̄ demesne cybien cōe Spiritual hōo. VI. Cok. l. 2. f. 44.
Cape.
CApe est un Brē judicial touchant Plea [...] terres ou Tenements, issint appel (sicōe les plusors [...] Briefs sont) de cest parol q̄ en luy m̄ port le pluis especial intentiō ou fine de ceo. Et cest Brē est divide ē Grād Cape & Petit Cape; q̄ux ambideux prendōr des choses im̄ovables, & semble a disagree en ceux points. Primerment, p̄ ceo q̄ Grand Cape gift devant Apparance, & Petit Cape puis. Secundment, ꝑ le Grand Cape le Tenant est summon a respon [...] al Default, & ouster al Demandant; Petit Cape sum̄on le Tenant a respon [...] al default solem̄t, & p̄ C̄ est appel Petit Cape en le Veil N. B. 161, 162. Uncore Ingham dit, que il nest appel Petit Cape p̄ ceo q̄ il est [...] petit force, mes p̄ ceo q̄ il est petit Brief en parols.
Cest Brief semble a cōtein ē c̄ un Process ove les Civilians appel Missio in possessionem ex primo & secund [...] Decreto: [Page 108] Car sicom̄le prim̄ Decree seisist le chose, & le secōd donast ceo [...] luy q̄ fist le second default en son Apparance; issint cest Cape seisist le ter̄, & auxy assign ousler al party un jour [...] Apparance, a quel sil ne vient eins, le ter̄ est forfeir. Uncore la est difference ꝑrēt ceux deux Courses del Common & Civil Ley; car cest Misseo in possessionem extend a toucher cybien biens movables come immovables, lou un Cape extend solement al immoveables.
Secondment, en ceo, Que le party esteant satisfie de son demand, le residue est restore a luy que defaulta: mes ꝑ le Cape tout est selfie sans restitution.
Tiercem̄t, Cestuy est al use del party agent, le Cape est al use le Roy. Veies Bract. l. 5. tract 3. c. 1. num. 4, 5, & 6. Regist. Judic. f. 2. a.
Cape ad Valentiam.
CApe ad Valentiam est un Brē [...] Execution, & est issint define en le Veil Nat. Brev' f. 161, 162. Cest Brief gist ou le Tenāt est impleade de certain terres, & il vouche a Garrantie un auter, vers que les Summons Ad warrantizandum ad este agarde, & le Vouchee ne vient eins al jour done: donques si le Demandant recover vers le [Page 109] Tenant, il avera cest Brief envers le Vouchee, & recovera tant en value de terre del Vouchee, sil tant ad; & sil nad tant, donque le Tenant avera Execution per cest Brief de tiels terres & tenements que descend a luy en Fee-simple; ou sil purchase apres, le Tenant avera vers luy un Resummons, & sil riens poit dire, il recovera le value.
Et saches, Que cest Brief gist devant Apparance. De ceux & leur diuers uses, vei [...] s le Table Rel Reg. jud. le parol Cape.
Capias.
CApias est del deux sorts, Lun devant Judgment, appel Capias ad respondendum, en un Action ꝑsonal, si le Visc̄ sur le primer Brief return, Nihil habet in Billiva nostra. Et laut' est un Brief [...] Execution apres Judgm̄t, q̄ auxi est [...] divers natures, queux veies en le Title Process.
Capite.
CApite est un Tenure q̄ tiēt immediatemet del Roy, cōe [...] son Corone, soit ceo ꝑ service [...] Chivaler, ou Socage, & nient dasc̄ Honor, Castle, ou Mannor; & p̄ c̄ il [Page 110] est auxi appel ū Tēnureq̄ tiēt meerem̄t del Roy. Car com̄ le Corone est un Corporation, un Seigūry en gross; issint le Roy q̄ possess le Corone est en le oyel [...] l Ley perpetualm̄t Roy, & ne unques est en son Minority, ou morust, nient pluis q̄ Populus fait, l' authority [...] queux il port. Veies Fitz. Nat. Brev. f. 5. Uncore nota. Que un hom̄ poit tener del Roy, & uncore nient en Capite, cest adire, nient im̄ediatem̄t del Corone en gross, mes ꝑ means dascun Honor, Castle, ou Manor appurteināt al Corone, [...] q̄ il tient sa ter̄. De ceo Kitchen bien dit, Que hom̄ poit ten̄ [...] l Roy ꝑ servic' [...] Chival', & unc̄ nient ē Capite, p̄ ceo q̄ poit eē q̄ il tient dasc̄ Honor ꝑ service [...] Chival', q̄ est ē le mains [...] l Roy, ꝑ discent [...] son Ancestors, & niēt im̄ediatem̄t [...] l Roy, com̄ [...] sō Coron̄, fol. 129. Ove que agree Fitz. Nat. Bre. fol. 5. k. queux parols sont a cest effect; il plainm̄t appiert, q̄ terres queux sont tenus del Roy come [...] un Honor, Castle, ou Manor, ne sont tenus en Capite del Roy p̄ ceo que un Brē de droit en cel case serr̄ direct al Bailiff del Honor, Castle ou Manor, &c. Mes quantles terres sont tenus del Roy com̄ [...] son Corone, donq̄ ils ne sont tenus de ū Honor, Castle, ou Manor, mes meerem̄t del Roy com̄ Roy & [...] son Coron, com̄ de un Seign̄re de [Page 111] luy mesm̄ en gross, & le chief [...] touts auters Seigniories.
Et cest Tenure en Capite est auterment appel Tenure tiendrant del person del Roy, Dyer fol. 44. Brook tit. Tenures, num. 65, 99. Et uncore Kitch. fol. 208. dit. Que hom̄e poit tener dei person del Roy, & uncore nient en Capite. Son Case est tiel; Si le Roy purchase Manor que J. S. tient, le Tenant tiendra come il teignoit devant, & il ne rendra Liverie, ne prim̄ Seisin, ne tiendra en Capite. Et si le Roy grant son Manor al W. N. en fee, exceptant les Services de J. S. donques J. S. tient del Roy come del person del Roy, & uncore ne tient ē Capite, mes come il tenoit devāt. Per q̄ il semble, q̄ tenure tiendrant del person del Roy, & Tenure ē Capite sont deux divers terr̄. A toller quel differēce poit cē dit, q̄ ceo lieu [...] Kitch. est deē prise com̄ sil ad dit, Nemy en Capite ꝑ service [...] Chivaler, mes ꝑ Socage, pursuant le usual parlance, p̄ ceo q̄ pluis communement, ou nous ꝑleroms [...] Tenure ē Capite, nous intendom̄ Tenure ꝑ Service [...] Chivaler. Vies le Star. 12 Car. 2. c. 24. per quel touts Tenures sont ore vers ē frāk & com̄ Socage.
Cark.
CArk semble destre un quantity de Lane, de que troysiem̄ font un Sarpler. 27 H. 6. c. 2. Vid. Sarpler.
Carno.
CArno est un Immunitie, come appiert en Cromp. Jur. fol. 191. ou est dit, Que le Prior de Malton fait claim p̄ luy & ses homes, de ē quit de touts Amerciam̄ts deins le Forest, & auxi destr̄ frank de Scapes, & de touts man̄ers de Gelds, & [...] Pecgelds, Buckstall, Trites, Carno, & Summage, &c.
Carrack ou Carrick.
CArrack, alias Carrick, est un Niefe de faix, & est issint appel del parol Italionis Ca [...] ico vel Carco, id est, Onus. Cest parol est mention en le Statute 1 Jac. c. 23.
Carue de terre.
CArue ou Carucat de terre est un certain quantitie de terre per que les Subjects ont este cydevāt taxe: sur q̄ le Tribute issint levie est appel Caruage, Bract. l. 2. c. 16. [Page 113] num. 8. Littleton Sect. 119. dit, que Soca est mesme ove Caruca, sc. un Soke ou Carue. Stow en sō Annals, p. 271. ad ceux ꝑols; Mesme le tēps H. le Roy prist Caruage, cest adire, deux Marks d' argent d' chesc' Fee dun Chivaler, al marriage de son soer Isabel al Emperor. Per que il semble que la fuit raise de Chescun Carue de terre tāt, & isiint ꝑ consequent de chesc' Fee de Chivaler deux Marks [...] argent. Rast. en son exposition de parols dit, que Caruage est destre quit, si le Roy taxera tout le Terre ꝑ Carues, cest adire, ū Priviledge ꝑ que un home est exempt de Caruage.
Skene dit, que c̄ containe cv grand portion de terre q̄ poit estre eyred ou tilled en un an & jour ove un Carue; que auxy est appel Hilda ou Hida terrae.
Castellaine.
CAstellaine est un Keeper ou Captain, asc' soits appel u Constable [...] un Castle. Bra. l. 5. tra 2. c. 16. En mesm̄ le man̄ est use an. 3 E. 1. c. 7. En les livers de Feudis vous troveres Guastaldus destre de tiel signification, mes pluis large, pur c̄ que il est aux' extend a ceux q̄ ont le custodie de les Mansion-measons del Roy, appel Courts, nient obstant q̄ ils ne sont lieus de [Page 114] defence ou force. Manw. part. 1. del Leys del Forest, p. 113. dit, que la est un Officer del Forest appel Castellanus.
Castle-guard.
CAstle-guard est un imposition impose sur tiels subjects del Roy queux inhabitant deins un certain compas dasc̄ Castle, al maintenance de tielx q̄ux vigilōt & gardōt l' Castle. Mag. Cha. c. 2. & an. 32. H. 8. c. 48. Il est asc̄ foits use p̄ le Circuit m̄ q̄ est inhabit ꝑ tiels q̄ux sont subject a cest Service. Veies Chivalry.
Casu consimili.
CAsu consimili est un Brief de Entrie, grantus ou le Tenāt ꝑ courtesie, ou Tenant p̄ term [...] vie, ou p̄ aut' vie, alien en fee, ou en tail, ou pur term daut' vie. Et il ad cest nosme, p̄ ceo que les Clerks del Chancery ont ceo fram̄ ꝑ lour com̄on consent ensemble al Brief appel In casu proviso, accordant al auctority done al eux ꝑ le Statute de Westminister 2. cap. 24. que voit, Quotiescunque evenerit in Cancellaria, quod in uno casu reperitur Breve, & in Consimili casu indigente remedio, concordent Clerici de Cancellari a de Brevi faciendo, &c. Et cest Brief est grāt al cestuy en [Page 115] reversion vers le party a q̄ le dit Tenant issint alien a son prejudice, & en le vie del dit Tenant. Veies pluis de ceo, F. N. B. f. 206.
Casu proviso.
CAsu proviso est done per le Stat. de Gloucester, c. 7 Cest Brief gift lou Tenant en Dower alien en Fee, ou a term de vie, ou en tail, la terre que el t̄ient en Dower; ore cestuy que ad le Reversiō en Fee, ou en Tail, ou a term̄ [...] vie, maintenant avera cest Br [...] ve vers le Alienee, ou cestuy q̄ est Tenant del franktenement del terre, & c̄ durant la vie le Tenant ē Dower. F. N. B. fol. 205. n.
Catals.
CAtals ou Chattels comprehend touts biens movable & immovable, fors (que) tiels que sont en nature de Franktenem̄t, ou parcel de c̄, com̄ poit estre collect hors Stamf. Praerog. ca. 16. & an. 1 El. c. 2. Unc̄ Kitch. fol. 32. dit, que Mony nest deē account biens ou Catals, ne Espervers, ne Chiēs, car ils sont ferae naturae. Mes il semble q̄ Money nest Catal, p̄ ceo q̄ nest de luy m̄ chose valuable, mes pluis en imagination q̄ en Fait.
Catals sont ou real ou personal. [Page 116] Catals real sont ou tiels que ne apperteinont immediatement al person, mes al asc̄ auter chose ꝑ voy [...] dependancie; come un Boxe ove Chartes de terre, le corps dun Gard, les Pom̄s sur l' arbr̄, ou l' Arbre mesme cressant sur le terre. Crom. f. 33. b. Ou auterm̄t tiels q̄ sont issuant hors [...] asc̄ chose immoveable al person, cōe ū Lease pur Rent ou terme [...] ans.
Personal polent estr̄ issint appel en deux respects. Le un p̄ c̄ que ils appent immediatement al ꝑson [...] ū hōe; cōe ū Chival, &c. lautr̄, p̄ c̄ que quant ils sōt tortiousmēt deteigne, nous ne avom̄ pas asc̄ aut' means pur lour recoverie forsque per ꝑsonal Actions.
Les Civilians comprehendont ceux choses, & aux' Tr̄s de touts natures ou tenures, desouth le parol Bona, que est ꝑ eux divide in Mobilia & Immobilia. Vid. Br. lib. 3. c. 3. num. 3, & 4.
Cepi corpus.
CEpi corpus est un Return fait per le Viscount, que, sur un Exigend ou auter Brief. il a pris le corps del partie. Fitzb. Nat. br. f. 26.
Certificate.
CErtificate est un Escript fait en ascun Court, a doner notice al auter Court [Page 117] dasc̄ chose fait la; come un Certificate del cause de Attaint est un trāscript briefm̄t fait ꝑ les Clerks del Corone, Clerke del Peace, ou Clerke de Assise, al Court del Bank le Roy, conteinant le tenor & effect de chesc̄ Indictment, Utlagarie, ou Conviction, & Clerk attaint, fait ou declare en asc̄ auter Court.
Mes nota, que cest Certificate doit estre falt ꝑ cestuy que est I'immediate Officer al Court; & p̄ c̄ si le Commissarie ou Official del Evesque certifie un Excommengement en barr̄ de un Action al Common Ley, ceo nest bon̄, (come fuit resolve en Coke lib. 8. fol. 68.) mes tiel Excommengement doit estre certifie ꝑ le Evesque mesme. Uncore le Certificate dun Excommengement ꝑ special Commission̄s Delegates desouth lour common Seal fuit allow, & tenus assets bon̄e ē le Common Banke Dyer, fol. 371. pla. 4.
Certification de Assise.
CErtification d'un Assise d' Novel disseisin, &c. est un Brief agard a re-examin̄ ou reviser ū chose passe ꝑ Assise devant asc̄ Justices; & est use quant home appiert ꝑ sō Bailife al un Assise port ꝑ un aut' & ꝑde le jour, & ayant asc̄ aut' chose ouster a plea [...] [Page 118] ꝑ luy mesme, com̄ un Fait [...] release ou, &c. que le Bailiff ne plederoit, cu ne puit pleader p̄ luy apris, un mieux Examination del Cause, ou devant mesme les Justices ou auters, & acquire Letters Patents, (vide lour forme F. N. B. 181.) & donque port un Brē al Vicount [...] appeller le party p̄ que le Assise ad pass, & auxi le Jury que suit impannel sur mesme le Assise, devant les dits Justices, a un jour & lieu certain.
Et est appel un Certificate, p̄ ceo que en ceo mention est fait al Vicount, que sur le partles cōplaint del defective Examination, ou awrust uncore remainant lur le Assise passe, le Roy ad direct ses Letters Patents a les Justic. s, p̄ le mieux certification [...] lour mesmes, ou touts les points del dit Assise fueront examin ou nemy.
Certiorari.
CErtiorari est un Brief que gist lou un est implead en un base Court, que est de Record, & il suppose q̄ il ne poit aver equal Justice la; donques sur un Bill en le Chancery, comprisant ascun matter en Conscience, il avera cest Brief p̄ remover tout le Record en le Chancery, & la destre determine ꝑ Conscience; [Page 119] mes fil ne proya son Bill, donques l' auter party avera un Brief de Procdendo, a reman [...] le Record en le base Court, & la destre determine. Auxy il gist en plusors auters cases, pur remover Records pur le Roy com̄ Indictments & auters
Cest Brief est auxy grant hors del Court del Bank le Roy ou Common Pleas a remover ascun Action al eux hors de inferior Courts de Record; & issint le Plaintiff doit declare & proceed en le superior Court.
Auxy a certifyer Original Briefs ou proceeds hors dascū Courts de Record en Bank le Roy ou Nullum tale Recordum est plede.
Auxy sur Briefs de Error dun Judgment en le Common Pleas, chescun party poit aver cest Brief, a remover ascun proceedings en Bank le Roy sur alleger diminution, com̄ appiert Co. Ent. 232, 233, 242. 2 Cro. 131, & 479
Cessavit.
CEssavit est un Brief que gist lou mon verie Tenant tient de moy certain terres ou tenements, rendant certain Rent per an, & le Rēt est arrere ꝑ deux ans, & nul sufficient Distress poit estre trove sur le terre; donques jeo avera cest Brief, per que [Page 120] jeo recovera le tetre: Mes si le Tenant vient en Court devant Judgment, & tendra les Arrerages & les Damages, & trove Surety que il ne cessera pluis en payment de dit Rent, jeo serra compel de prender les Arrerages & les Damages, & donques le Tenant ne perdera la terr̄. Le Heir ne poit maintaine cel Brief pur Cesser fait en temps son Ancestor: Auxy ne gist mes pur Annual service, come Rent, & huju [...] nodi, & nient pur Homage & Fealry.
Auxy il y ad auter Brief appel Cessavit de Cantaria, & gist ou un done terr̄s a Meason de religion, a trover pur lalme de luy, de ses ancestors, & de ses heires, an̄ualn̄it un Chandel ou Lampe ē Esglise, ou p̄ faire Divine Service, de paster les povers, ou auters Almes, ou auter tiel chose faire; donque si les di [...] s Services ne sont pas fait per 2 ans, le Donor ou ses Heires aver̄ ces brief vers quecunque est eins apres tiel Cesser. Vide le Statute W. 2. cap. 41.
Cession.
CEssion est, quant un Ecclesiastical ꝑson est cree Evesque, cu quant un Parson [...] un Parsonage prist un auter benefice sans dispensation, ou [Page 121] autern̄it nient qualified, &c. En ambideux cases lour primer benefices sont devenus void, & sont appelle destre void ꝑ Cession. Et al ceux que il ad que fuit cree Evesque le Roy presentera pro illa vice, quicunque soit Patron de eux: Et en lauter case le Patron poit presenter. Vies 41 E. 3. 5. & 11 H. 4. 37.
Cestuy a que vie, & cestuy a que use.
CEstuy a que vie est il pur quel vie un auter teigne un estate, & cestuy a que use est il q̄ est un feoffee pur le use [...] un auter.
Challenge.
CHallenge est un Exception prise ou envers Persons ou Choses. Persons, cōe en un Assise, les Jurors, ou asc̄ un, ou pluis de eux; ou en case [...] Felony, ꝑ le Prison̄ al Barre vers Choses, com̄ un Declaration. Vet. N. B. fol. 76.
Challenge faits a les Jurors est fait ou al Array, ou a les Polls Challenge al Array est, ou Exception est prise al entire nomber, come impanel ꝑtialment: Challenge al ou per le Poll est, ou Exception est prise al ascun un ou pluis, come nient indifferent. Challenge a les Jurors est aux' divide en Challenge principal, [Page 122] & Challenge pur cause, ces [...] adire, sur cause ou reason. Challenge principal, ou peremptory, est ceo que le Ley allows sans cause alledge, ou examination, com un Prison̄ al Barr, arraine sur Felony, poit peremptoriment chalenge al nombre de vint, un apres auter, del Jury impanel sur luy, nient alledgant d [...] sc̄ cause, mes son dislike demesne, & ils serront discharge, & novels mise en lour lieus: & ceo est in favorem vitae. Mes en le case de hault Treason nul peremptory Challenge est allow. Vide 25 H. 8. cap. 3. Et un difference poit estre observe perent' challenge principal & challenge ꝑemptory p̄ ceo que challenge ꝑemptory semble solem̄t destre use ē choses criminal, & merement sans ascun cause alledge, pluis que le sole phantasie del Prisoner, Stamf. Pl. Co. f. 124. & principal p̄ le greinder part en civil Actions, & ove le nosmant de ascun Exception, q̄ esteant trove voyer, le [...] ey maintenant allowe. Come p̄ Example, si ascun party dit que un des Jurors est le Fits, Frere, Cousin, ou Tenant al auter party, ou espouse son file, ceo est un bone & fort Exception, fil soit voyer, sans pluis examination del credit del party challenge. Et de q̄ large extent cest Challenge, de Consanguinity est, bien applert, Plow. fol. 425. Auxi [Page 123] en le Plea del mort de ascun home, & en chescun Action real, & auxy en chescun Action personal, ou le dett ou damages amount al 40 marks, il est bone Challenge al ascun del Jurie impannel, qui il ne poit dispender 40 s. per le an de son Franktenement demesne. An. 11 H. 7. cap. 21.
Challenge sur reason ou cause est, quant le party alledge asc̄ tiel Exception vers un ou pluis del Jurie, que nest immediatem̄t sufficiēt sur conusance del voierty de ceo, mes arbitrable & considerable per le residue de Jurors; com̄ si le fits le Juror ad espouse le file del adverse party. Cest Challenge pur cause semble per Kitch. fol. 92. destre dit Challenge pur favor; ou potius Challenge p̄ favor est la dit destre un Species de Challenge per cause: Ou poies auxy lier queux Challenges sont communement account pur principal, & queux nemy.
Chamberdekins.
CHamberdekins sont Irish Beggars, que ꝑ le Statute de 1 H. 5. c. 8. fueront ꝑ un certain temps, deins mesme le Statute express, [...] avoid cest Terre.
Champerty.
CHampertie est un Brē, & gist lou deux homes sont impleadants, & l'un done la moietie ou part del chose en plee a un estranger, pur luy mainteiner encounter l'auter; donques le party grieve avera cest Brē devers l'estranger. Et semble que ceo ad este un ancient grievance en nostre Terre: Car nient obstant divers Statutes, & un forme de un Brē frame a ceux, uncore Anno 4 E. 3. c. 11. fuit enact, Que ou les primer Statutes ꝓvide redresse pur ceo solement en Bank le Roy, que donques attend le Court, il serroit loyal pur les Justices del common Plees ensement & Justices đ Assises en lour Circuits, đ enquirer, oyer & determiner ceux & tiels cases, cybien al Suit le Roy, come al Suit del party. Auxy fuit ordelgne per le Statute de 33 H. 8. (que fuit confirm ꝑ le Statute de 37 H. 8. c. 7.) Que Justices đl Peace a lour Quarter Sessions averont authority đ enquirer, cybien ꝑ les serem̄ts đ 12 homes, come ꝑ l' enformation done a eux per ascun person ou ꝑsons, des defaults, contempts & offences com̄ise encount' les Leys & Statutes fait & purview touchant Chamꝑty, Maintenance &c. [Page 125] & a oyer & determiner les ditsfaults & offences.
Champertors sont ceux que mova Plees & Suits, ou cause destre move ꝑ lour ou auters ꝓcurem̄t, & sue a lour costages & charge demesne, p̄ aver part del terre ou gaines ē variance. Veies le Stat. Articuli super chartas, c. 11.
Chance-medley.
CHance-medley est, quant un home sans asc̄ male entent fait un loyal chose, ou q̄ nest ꝓhibit ꝑ Ley, & uncore auter est tue ou vient a son mort ꝑ ceo: sicome hōe jet un pierre, q̄ percusse hōe ou feme, q̄ apres de ceo morust; ou si home sagitte un fle [...] ch, & auter q̄ passe est occide, & tiels semblables; cest manner [...] occision est Homicide ꝑ misadventure, ou Chance-medley, pur que l' Offendor avera son pardon de course, come appiert ꝑ le Statute de 6 E. 1. c. 9. & il forfeitera ses biens en tiel manner come cestuy q̄ tuera un home ē son defence. Mes ē c̄ case est desir̄ consider, ou cestuy q̄ commit cest homicide per Chance-medley fuit ē feasās [...] un loyal chose; car [...] sil' act fuit illoyal, cōe a pugner al Barriers, ou currer a Ti [...] te sans com̄andem̄t le Roy, ou jett' pierres en ū Hault-voy ou hōes usualm̄t passe, ou sagittāt flerches en ū [Page 126] Market-lieu, ou tiels semblables, ꝑ q̄ ū hom̄ est occide; en touts ceux cases il est Felony al meins, cestascavoir, Homicide, sinon mur [...] ; car l' Offendor esteāt feasant de un illoyal act ꝑ son volunt demesne, le Ley construa son meaning & volunt ē c̄ ꝑ le success del act.
Com̄ si deux sont pugnā [...] s ensemble, & ū tierce hom̄ vient a severer eux, & est occide ꝑ ū [...] eux deux, sans asc̄ malice ꝓpence ou male entent ē luy q̄ occide le hom̄, uncore ceo est Murder en luy, & nemy Homicide per Chance-medly ou misadventure, p̄ c̄ q̄ ils deux que cōbateront ensemble fueront ē feasance [...] ū illoyal act. Et si ils fueront assemble ove malice propense, lun intendant de occide laut', donque il est Mur [...] en eux ambideux.
Chancery,
CHancery est un Court a Westminster de Ley pur Suits p̄ & envers Attornies, Clerks, & Officers [...] cel Court, & ceo part de ceo & auxy inrolments de Faits & Patents est de Record. Et est auxy ū Court p̄ Equity & lour proceedings en ceo sont enter en Anglois, & le Seignior Chancellor ou Keeper del grand Seal, & Master des Rolls sont Judges, & les Briefs sont returnable coram Rege in Cancellaria. Coke 4 Inst. 78.
Chapiter.
CHapiter est un Summarie ou content de touts tiels choses que sont destr̄ enquire devāt Justices ē Eyre, Justices [...] Assise, ou del Peace en lour Sessons: Issint est use 3 E. 1. c. 27. en ceux parols, Et q̄ nul Clerk dasc̄ Justice, Escheator, ou Com̄issioner en Eyre, prendre asc̄ chose p̄ delivery de Chapiters, mes solement Clerks de Justices en lour Circuits; & ensem̄t 13 E. 1. c. 10. en ceux parols, Et quant le temps vient, le Vicount certifera les Chapiters devant les Justices en Eyre quel nombre des Brēs il ad. Auxy Britton en mesme significatiō use cest parol, cap. 3. Et a cest jour Chapiters sont appelles Articles, pur le grien [...] part, & sont deliver cybien per la bouche del Justice en son Charge, com̄ ꝑ les Clerks en escript, al Enquest, ou en ancient temps ils fueront (apres ū Exhortation done ꝑ les Justices p̄ le bone observation del Leys & Peace del Roy) primerm̄t lie distinctm̄t & apertm̄t en le plein Court, & donq̄ deliver en escript al grand Enquest. Un example [...] ceux Chapters la est ē Livr̄ [...] Assises, fol. 138. pla. 44.
Chaplain.
CHaplain est celuy q̄ fait Divine Service en un Chappel, & pur ceo est communm̄t use p̄ celuy q̄ depēd fur le Roy ou auter home de qualitie, p̄ l' enstruction de luy & son Familie, le lection de Orisons & Sermons ē son private meason, ou com̄unemēt ils ont en Chappel pur cel purpose.
Et p̄ ceo q̄ ils sont reteine per Letters desouth le Signet [...] lour Patrons, & per ceo sont ꝑ entendment destre resiant ove eux, le Ley ad done libertie p̄ lour Non-resiance sur lour Benefices.
Si un Count ou Baron reteigne ū Chaplein, & devant son advancem̄t soit attaint de Treason, la le Reteigner est determine, & ap̄s l' Attainder tiel Chaplein ne poit accept ū second Benefice, p̄ ceo que cestuy q̄ est attaint est ꝑ son Attain [...] ū mort ꝑson ē Ley. Et queux ꝑsons [...] Nobilitie & auters poient reteiner, & quant Chapleins ils severalm̄t poyent reteine, l' Act de 21 H. 8. c. 13. bein declare.
La feme [...] un Barō durāt le Coverture ne poit reteigne ū Chaplein, uncore quant un Baron̄esse dotate reteigne un ou deux, solonque le Proviso del dit Act, cest retigner est le principal matt', & si longe [Page 129] come le Reteigner est ē force, & le Baron̄esse continue un Baron̄esse, les Chapleins bien poyent accept' deux benefices ꝑ l' expresse letter del Act; car il suffist, si al temps del Reteigner le Baronnesse fuit widow. Et en ceo cest rule est destr̄ extend [...] un feme q̄ atteigne Nobilitie ꝑ Marriage, come ꝑ marriage [...] un Duke, Count, ou Baron, &c. car en tiel case, si el apres marrie desouth le degree de Nobilitie, per tiel Marriage el perde le dignitie a que el ad attaine, & apres tiel darreine Marriage le poyar de reteiner un Chaplein est determine. Mes auterment est ou feme est Noble ꝑ Discēt, car la sa Reteigner devant ou apres le Marriage ove ū que est ignoble serra en force, & nemy countermaund per le Marriage, ne determine per sa pris l [...] un baron desouth sa degree, Coke lib. 4. fol. 118, 119.
Chapter.
CHapter en Latine est define destre Congregation [...] Clericorum in Ecclesia Cathedrali, conventuali, regulari, vel Collegiata; & en aut' signification, Locum, in quo fiunt communes tractatus Collegiatorum: & il ad auters significations q̄ ne pas appent a nr̄e purpose. Poit estre dit que cest [Page 130] Collegiate society est appell Chapter metaphorice, le parol originalm̄t impliont un petit teste; car cest Society ou Corporation est sicome un Teste; non solem̄t a gar [...] & govern̄ le Diocesse en le vacation del Evesquery, mes aux' ē plusors choses [...] ad [...] iser l' Evesque quant le See est pleine.
Charge.
CHarge est lou un home granta un Rent issuant hors de son tr̄e, & q̄, si le Rēt soit arere, que serra loyal a luy, ses heirs & assigns, a distrein̄ tanq̄ le Rent soit pay: cest appel un Rent-charge. Mes si ū grant ū Rent-charge hors del terre d'un aut', com̄t puis il purchase la terre, uncore le Grant est void.
Charter-terre.
CHarter-terre est tiel que home tient ꝑ Charter, cest adire per Evidence en escript, q̄ auterment est appel Franktenem̄t. Copihold terres devant le Conquest fueront ꝑ les Saxons appel Folkland, & les Charter-terres, Bockland. Et Lambert, en son Explication de Saxon parols, dit, Que cest terre fuit tenus ove pluis sacile & com̄odius conditions q̄ Folkland ou Copihold tr̄e tenus sans Escript: Et son [Page 131] reason est, pur ceo q̄ il est un frank & im̄une Inheritance, ou t're sans Escript est charge ove paym̄ts & servitude issint que le griend' part [...] hōes de Nobilitie & bone Qualitie possessont le primer, laut' Rustick homes. Le prim̄ nous appellomus Franketenem̄t, & ꝑ Charter; lauter, Terre al volunt del Seignior.
Si Riot, Rout, ou Illoyal assembly soit commise, donques per le Act de 19 H. 7. c. 13. vint homes inhabitant deins le County ou le Riot, &c. est fait (de que chescun de eux avera terres & tenem̄ts deins mesm̄ le County al annuel value de vint soulz de Charter-hold ou Franktenem̄t, ou vint & siz soulz [...] Copihold) ferront enquiry de ceo.
Charter-party.
CHarter-partie est un Indenture des Covenants & Agreements faits ent' Merchants ou Mariners touchant lour maritime affairs: Et de ceo poyes lierē le Statute, ore obsolete, fait 32 H. 8. cap. 14.
Charters.
CHarters de Terres sont Escripts, Faits, Evidences & Instruments, fait [...] un [Page 132] home al auter, sur asc̄ Estate conveyed ou passed parenter eux [...] Terres [...] senements, [...] le nosmes, lieu, & [...] le Estate, [...] & manner del feasans [...] el, les Parties a l' [...] , deliver & prise, les Te [...] moignes p̄sent al ceo, ove auters circumstances.
Chartis reddendis.
CHartis reddendis est un Br̄e q̄ gist envers luy q̄ ad Charters del Feofmēt deliver al luy p̄ conserve, & il refuse deliver ceuxs. Veil Nat. Brev. fol. 66. Reg. Orig. f. 159.
Chase.
CHase est prise deux voyes: primerm̄t a driver cattel, s [...] cōe a chaser ū distress a un Fortlet; secondem̄t, est use p̄ un Receit p̄ Dames & Avers del Forest: & est dun nature parent' un Forest & un Park, esteant cōmunem̄t meins q̄ ū Forest, & nēy ēdow ove touts Liberties, cōe ove Courts de Attachment, Swainmote, & Justice seat; & unc̄ dun pluis large cōpas, & ayāt pluis diversitie del Gardiās & Game q̄ ū Park. Crompt. en son Liv' de Jurisdictions, fo. 148. dit, Que ū Forest ne poit estre ē les maines dū Subject, mes il [Page 133] immediatm̄t ꝑde le nosme, & devient ū Chase: & unc' fo. 197. il dit, Que un Subject poit estr̄ Sn̄r & own̄ dun Forest; le quels nient obstāt que semble contrary, uncore sont ambideux ses dits ē asc' sense voyer: Car le Roy poit done ou aliener un Fore st a ū Subject, uncore issint q̄ quāt il est ū folts ē le Subject, il ꝑde le voyer ꝓpertie dun Forest, p̄ ceo q̄ les Courts de Swainmote, Justice seat & Attachment, immediatm̄t vanie, nul esteant able de faire un Sn̄r chief Justice en Eyre del Forest forsq̄ le Roy, sicōe Manwood ad bien monstre ē son Liver de Forest Leyes, c. 3. & 4. Uncore poit estre grantus en tiel large man̄er, que la poit estre Attachment & Swainmote, & un Court equivalent a un Justice seat, come appiert ꝑ luy en m̄ le cap. numb. 3. Issint q̄ un Chase differt de un Forest en ceo, pur ceo que poit estr̄ en les maines dun Subject, que un Forest en son proper & voyer nature ne poit estre; & de un Park en ceo, q̄ nest inclose, & ad non solemēt un pluis large cōpas, & pluis stor̄ [...] Game, mes de Gardiās aux' & Supervisors. Vide Forest.
Chatels.
CHatels. Veies Catals.
Chauntry.
CHauntry, Cantaria, est ū Esglise ou Chappel ēdow ove t'res ou auter annual revenews p̄ le maintenance dun ou plusors Priests, de chaunt' Massee de jour en jour pur les Ames des Donor, & tiels auters q̄ ils appint Et [...] ceux poyes lier en les Statutes 37 H. 8. c. 4. & 1 E. 6. c. 14.
Chevage.
CHevage est un sum de argent pay per Villeins a lour Sn̄rs en conusans [...] lour Villenage, le quel Bract. l. 1. c. 10. issint define ē Latin; Chevagium dicitur recognitio in signum subjectionis & dominii de capite suo. Sēble aux' destr̄ use pur un summe [...] argent don̄ ꝑ ū home al aut' [...] poyer & potencia ꝑ son avowment, maintenance & ꝓtection, sicome a lour Teste ou Conductor. Lambert ceo escrie Chivage, ou potius Chiefage.
Chevisance.
CHevisance venust del parol Francois Chevir, id est, devener al Chief de quelque chose. Et pur ceo que le perfection dun Bargaine est le porter del matter al fine, c̄ [Page 135] parol Chevisance est use pur Bargainer en le Statures 37 H. 8. cap. 9. & 13 Eliz. cap. 7, & 8.
Childwit.
CHildwit, hoc est, quod capiatis Gersumam de nativa vestra, corrupta & praegnata sine licentia vestra.
Chimin.
CHimin est le Haut voy lou chescun hōe passa, q̄ est appel Via Regia; & uncore le Roy nad aut' chose la forsq̄ le passage pur luy & son people; car le Franktenement est en le Seignior del soile, & touts les Profits cressans la, come Arbres & auters choses. Et ceo est divide en deux sorts, Via Regia, de que est parle devant, & Via private, ou Chiminus privatus; & ceo est un Voy per que home ou pluis ont libertie a passer, ou ꝑ prescription, ou ꝑ charter, sur le terre dun aut' home: Et ceo est divide en Chimin en gross, & Chimin appendant, Kitch. f. 177. Chimin en gross, est ceo Voy que home tient principalm̄t & solem̄t en luy m̄: Chimin appendant est ceo que home ad adjoin̄ a ascun auter chose, come appertināt [Page 136] a ceo; pur example, si home prist un Close ou Pasture, & ad covenant pur ingresse & egresse, al & de mesme le dit Close, ꝑ ascun auter terre, p̄ que auterm̄t il ne poit passer. Ou Chimin en grosse poit estre ceo q̄ les Civiliās appel Personal; come quant un covenant p̄ un voy sur le terre dun auter home pur luy mesme & ses heires: Chimin appendant, e converso, poit estre ceo que ils appel Real; sicome quant home purchase un voy ꝑ le soile dun auter home, pur tiels que inhabitont ou inhabiteront en cest ou cest measō, ou que sōt les owners de tiel Manor, a touts jours.
Chiminage.
CHiminage est un Toll done pur passage per un Forest, en disturbance des feres del Forest.
Chirographer.
CHirographer est celuy que en le Office del common Bank engrosse Fines conus en cest Court, en un perpetual Record, (puis que ils sont conus & pleinment passe per ceux officers per queux ils sont primermēt examine) & que escrie & deliver les Indentures, un pur le [Page 137] Purchasor, & auter pur le Vendor, & fait un auter Escrow endented, conteinant auxy le effect del Fine, que il deliver ouster al Custos Brevium, que est appel le Pee del Fine. Le Chirographer auxy, ou son deputy, proclaime touts les Fines en le Court chescun Terme, accordant al Statute, & donques en alant al Office del Custos Brevium la endorse les Proclamations sur le dorse del Pee de ceo, & touts foits retaine le Brief de Covenant, come auxy le Note del Fine.
Chivage.
CHivage. Veies Chevage.
Chivalrie.
CHivalrie est ū Tenure de tr̄e ꝑ service [...] Chivaler: p̄ le meux intelligence [...] que est destre conus, que la nest ascun terre mes il est tenus mediatement ou immediatement del Corone per ascun Service ou auter; & pur ceo touts nostr̄ Franktenements que sont a nous & a nostr̄ heires sont appel Fees, come ensuants de le bountie del Roy pur petit an̄ual rent, & le performance de tiels services que originalment [Page 138] fueront impose sur le terre al donation de ceo: Car sicome le Roy done a ses Nobles, ses immediate Tenants, graund possessions a touts jours, a tener de luy pur celuy ou tiel rent & service; issint ils arere en tēps divide ouster, a tiels que pleist a eux, lour terres issint receive del boūtie le Roy, p̄ rents & services come a eux semble biē. Et ceux Services sont touts ꝑ Liitleton divide en deux sorts, Chivalrie & Socage, lū martial & militarie, le auter rural & rustical.
Chivalrie pur ceo est un Tenure per que le Tenant est lie a performer ascun noble ou militarie office a son Seignior; & est de eux sorts, ou Regal, cestascav' tiel que poit estre tenus solement del Roy, ou tiel que poit auxy estre tenus dun cō mon person cybien come del Roy. Ceo que poit tener solement del Roy, est properm̄t appel Servitium ou Serjeantia, & est auxy arer̄ divide en Grand & Petit Serjeantie. Grand Serjeanty est ceo, ou hōe tient terres del Roy ꝑ service q̄ il devoit fair en son ꝑson demesne, come a porter le Banner le Roy ou son Lance, ou de amesner son Hoast, ou destre son Marshal, ou a ventier un Cornu quant il veit ses enemies invade le Tr̄e, ou de trover un hōe array de pugn̄ deins le quater [Page 139] meres, ou de fair ceo luy m̄, ou [...] port l Espee le Roy devāt luy a son Coronatiō, ou a cel jour destr̄ sō Sewer, Carver, Butler, ou Chamberlain.
Petit Serjeanty est, ou un hōe tient tr̄e del Roy [...] render a luy annuelm̄t un Arc, un Espee, un Dagger, un Cuttel, un Launce, un paire de Gants de ferre, un paire [...] Spors [...] ore, ou de render auters tiels petit choses touchant le Guerre
Chivalrie q̄ poit tener [...] un common ꝑson cybien cōe del Roy est appel Escuage, Servitium s [...] uti; & cest ou uncertain, ou certain. Escuage uncertain est auxy de deux sorts; primerm̄t, ou le Tenant per son Tenure est lie [...] attender son Seignior alant ē ꝑson al guerres le Roy envers ses enemies, ou luy mesme, ou mitter un sufficient home en son lieu, la destre maintain a ses costs tants des jours come fuer' agree ꝑent' le Sn̄r & son primer Tenāt al grant' del Fee. Et les jours [...] tiel service semble destr̄ assesse ꝑ le quantity del tr̄e issint tenus, Come si ceo extend a un ent [...] e [...] Fee de Chivaler, donq̄ le Tenant fuit lie issint [...] attender son Sn̄r 40 jours; & un Fee de Chivaler fuit tant [...] tr̄re come ē ceux jours fuit account un sufficient viver p̄ un Chivaler, & ceo fuit 680 acres, ꝑ l'opinion de asc̄, ou 800 come aut's semblont, ou 15 livers ꝑ l' an Cambde [...] [Page 140] Brit. fol. 110. Si le tr̄e extende forsque al moiety [...] un Fee [...] Chivaler, donq̄ le Tenant est lie [...] atten [...] son Sn̄r mes 20 j urs; si a un quart ꝑt, donq̄ 10 jours. Fitzh. Nat. Brev. fol. 83. c. & 84. c. e. Laut' kind [...] Escuage uncertain est appel Castle-gard, ou le Tenāt ꝑ son tr̄e est lie, ou ꝑ luy mesme ou ꝑasc' aut', a defē der un Castle si toft cōe aven̄a a son course.
Escuage certain est, ou le Tenāt est assesse a un certain sum [...] argēt destre pay ē lieu de tiel uncertain service; cōe q̄ un hōe payera annua [...] m̄t p̄ un Fee Chivaler 20 s. p̄ le moiety 10 s. ou asc' tiel rate. Et cest Service, p̄ ceo q̄ est trahe a un certain rent, vient destre [...] un mixt nature; nient meermēt Socage, car ne olet pas del Carue; & uncore Socage ē effect, esteāt jammes neq̄ ꝑsonal service, neque uncertain. Chivalrie ad auters conditions annexe a ceo; come Homage, Fealtie, Gardship, Reliefe, & Marriage, Bract. l. 2. c. 35. & q̄ ils signifies veies ē lour several lieus. Chivalrie est ou general, ou special, Dyer fo. 161. pla. 47. General semble destr̄, ou est solemēt dit ē le Feoffmēt, q̄ le Tenant tient ꝑ Servitium militare, sans asc' specification [...] Sergeantie, Escuage, &c. Special est ceo q̄ est declare particularmēt ꝑ quel kind de service de Chivalrie [Page 141] il tient. Veies le Statute 12 Car. 2. cap. 2 [...] .
Chose en Action.
CHose en Action est, quant un home ad cause, ou poit porter un Action p̄ asc' duty due a luy; cōe un Action de Dett sur un Obligation, Annuitie, ou Rent, Action de Covenant, ou Gard, Trespas des biens import, Battery, ou tielx semblables: & p̄ ceo q̄ ils sont choses [...] queux ū hōe nest possesse, mes p̄ recoverie [...] eux est mis a son Action, ils sont appelles Choses en Action. Et ceux Choses en Action que sont certain, le Roy poit graunter, & le Grauntee poit user un Action p̄ eux en son nosme demesme solemēt: Mes un cōmon ꝑson ne poit graunt son Chose en Action, ne Roy luy m̄ son Chose en Action, quel est uncertain, cōe Trespasse▪ & tiels semblables.
Mes de tardiffe temps est use en Londre, q̄ Merchants & auters la queux ont bills sans Seals pur paym̄t [...] argent eux assigne al autersqueux assignes porteront actions en lour nosmes demesnes.
Churchesset.
CHurchesset est un parol de q̄ Flet. l. 1. c. 47. ē le fine issint escrie: Certam Mensuram bladi tritici significat, quā quilibet olim Sanctae Ecclesiae die S. Martini, tempore tam Britonum quam Anglorum, contribuerunt. Plures tamen Magnates, post Romanorum adventum, illam Contributionem, secundum vet. Legem Moysi, nomine Primitiarum dabant, prout in Brevi Regis Kanuti ad summum Pontificem transmisso continetur; in quo illam Contributionem Chirchsed appellant, quasi Semen Ecclesiae.
Gardians d' Esglise.
GArdians d' Esglise sont Officers annualm̄t elect ꝑ le consent del Minister & les Parochians, accordant al custom de chesc̄ several lieu, a veier al Esglise, Cemiter, & tiels choses queux appent al ambideux, & [...] observer le gesture des Parochiās, p̄ tiels crimes q̄ appertain al jurisdiction ou censure del Court Ecclesiastical. Ceux sont un kind de Corporation, & sont enable ꝑ Ley de suer p̄ ascun chose apperteignant a lour Esglise, ou les Povers [...] l Paroche. Veies Lambert del Dutie des Gardians del Esglise.
Cinque Ports.
CInque Ports sont cinque Haven-villes, cestascavoir, Hastings, Romney, Hyth, Dover, & Sandwich, a queux ad este grant long temps passe mult Liberties (q̄ aut'rs Fort-villes nont,) & ceo primerm̄t en le temps del Roy Edovart appel le Confessor; & fuer̄ encrease apres, & ceo especialm̄t en les jours del troys Edovart, le prim̄, secōd, & le tierce, cōe appiert ē le livre đ Dooms-day & aut' vieux Monumēts, trop longe đ recite.
Circuitie de Action.
CIrcuitie de Action est, quant un Action est droituralm̄t port p̄ un Dutie, mes uncore circum le bush, come semble, p̄ ceo q̄ ceo poet ciblē estre auterm̄t respondue & determine, & le Suit save: & p̄ ceo q̄ mesme l'Action fuit pluis q̄ besoigne, il est appel Circuitie de Action, come fi un home grant un Rent charge de xli. hors de son Manor đ Dale, & apres le Grantee disseisist le Grantor de mesme le Manor, & il port un Assise, & recover le terre & xx.l. damages, le quel xx.li. esteant pay, le Grantee del Rent sue son Action p̄ x.li. đ son Rent due durāt le tēps đ le Disseisin, [Page 144] le q̄ final Disseisin ad esse il doit aver ewe: Cest appel Circuitie de Action, p̄ ceo q̄ il poit aver este pluis briefment respondue; car lou le Grantor doit receive xx.li. damages, & pay x.li Rent, il puit aver receive forsq̄ le xli. solem̄t p̄ les damages, & le Grantee puit aver recoup. & retaine arere le aut' x.l. ē ses maines ꝑ voy de deteiner pur son Rent, & issint ꝑ ycel poet aver save son Action.
Circnmstantibus.
CIrcumstantibus est un ꝑol [...] Art, expressent le Supply & addition del nombre [...] Jurors, si asc' impan̄el ne appearont pas, ou sont challenge ꝑ asc' ꝑtie, ꝑ adding a eux cy plasors auters de eux q̄ sont p̄sent & circumstantes. Veies 35 H. 8. c. 6. & 5 Eliz. 25.
City.
CIty est tiel Ville corporate q̄ ad un Evesq̄ & un Esglise Cathedral, & de c' tiels parols sont trove: Idem locus Urbs, Civitas, & Oppidum appellatur. Civitas enim dicitur, quatenus cum justitia & Magistratuum ordine gubernatur; Oppidum, quatenus est ibi copia Incolarum; & Urbs, quatenus Muris debito modo cingitur. Proprie autem dicitur [Page 145] Civitas quae habet Episcopum. Uncore Crompton en son Jurisdictions mention touts les Cities, & omit Ely, nient obstant q̄ ad un Eves (que) & un Esglise Cathedral, & mitta eins Westminster, nient obstant que jammes nad asc' Evesq̄. Et 35 El. c. 6. Westminster est appel ū City: & Anno 27 ejusd. c. 5. ( [...] Statutes niēt imprime) Westminster est equalm̄t appel ū City ou Borough Il appiert ꝑ l' St. 35 H. 8. c. 10. q̄ dōq̄s la fuit ū Eves [...] [...] Westm. Cassanaeus escrie, q̄ France ad deins les Territories 104 Cities, & il ren [...] c̄ reasō, p̄ ceo q̄ la sont cy plusors Sees [...] Archievesq̄s & Evesq̄s.
Clack.
CLack, sicome a Clacker, forcer, & bard' lane 8 H. 6. c. 22. De q̄ le prim̄, viz. de Clacker lane, est, [...] scinder les marks des Barbits, q̄ fait ceo destre [...] mein [...] poys, & issint [...] payer le mein [...] Custom al Roy: De sorcer lane est, de clip ꝑ le ouster & pluis crineous part [...] ceo: De Bard ou beard lane est, [...] scin [...] l' [...] este & coile del aut' p̄te [...] l Toisō.
Claime.
CLaime est un Challenge ꝑ ascun home de le ꝓpertie ou ownership de un chose [Page 146] que il nad en possession, mes est deteigne de luy tortiousment: & le party que issint fait son Claim p̄dra per ceo un grand advantage; car en ascun cases il poit per ceo avoider un Discent [...] terres; & en ascun cases il per ceo savera son Title, que auterment serroit perde. Come si home soit disseisie, & le Disseisee fait Continual claim̄, cest adire, sil claimer les terres dont il est disseisie deins le an & jour devant le mort le Disseisor, donque poit il enter, nient obstant le Discent.
Auxy si Fine soit levie del terre a un auter home, donq̄ cestuy que ad droit a ceo doit faire son Claime deins cinq̄; ans apres le Proclamation ad, fait, ou certifie, per le Statute de 4 H. 7. c. 24. Mes un estranger que nul droit ad ne poit de son teste demesne enter, our faire Clam̄ en le no [...] m̄ de cestuy q̄ droit ad de avoider le Fines deins les cinque ans, sans com̄andm̄t precedent ou assent subsequent: uncore Gardian pur nurture, ou en Socage, poit enter ou faire Claim' en le nosme del Enfant que ad droit de enter ou faire Claime; & c' aydera le estate del Enfant, sans ascun cōmmandment ou assent, car la est privitie enter eux.
Claim de Liberties
Estū Suit ou Petition al Roy en le Court [...] Exchequer [...] aver liberties, & Franchises [...] estre confirm la ꝑ l'Attorney Geneneralle Roy. Coke Ent. 93.
Clergie.
CLergie est prise divers voyes; ascun foits p̄ tout le nombre de homes de Religion, asc' foits p̄ un Plee a un Indictment on Appeal: & est define destre un ancient Liberty de Esg [...] ise, confirm en divers Parliamēt. Et est, quāt un home est arraign̄ de Felony, ou tiels semblables, devant un temporal Judge, &c. & le prisoner pria sō Clergie, cest adir̄, p̄ aver sō Liver, q̄l ē ancient temps fuit autant sicome il ust prie destre dismisse del temporal Judge, & destre deliver al Ordinary de purger luy mesm de m̄ offence. Et donques le Judge com̄ander̄ le Ordinar̄ [...] trier sil poit lier come ū Clerk, en tiel Livre & lie come le Judge assignera. Et si le Ordinary certisie le Judge q̄ il poit, donq̄s le prisoner navera judgmēt de ꝑder sō vie. Mes c [...] st Libertie de Clergie est restrain ꝑ les Stat. de 8 El. cap. 4. an. 14. ejusd. c. 5. an. 18 ejusd cap. 4 6, 7. & 23 ejusd. c. 2. & 19 ejusd. c. 2. & 31. [Page 148] ejusd c. 12. & 39 ejusd. ca. 9. & 15. Veies Crompt. Justice de Peace, fol. 102. &c. & Stam. li. 2. ca. 41. & Stat. de 18 El. cap. 7. p̄ que Clerks ne sont destr̄ deliv' a lour Ordinaries destr' purg', mes jam̄es chesc' hō [...] , com̄t niēt deins Orders, est mis a lier al Barre, esteant trove culpable, & convict de tiel Felony, p̄ q̄ cest benefit uncore grāt, & issint arse en le main, & enlarge p̄ le primer tēps, si l' Com̄issary ou Deputy del Ordinar̄ dit, Legit ut Clericus; ou auterm̄t il suffre mort pur son peche.
Clerk.
CLerk ad deux significations, un com̄ est l' title de celuy q̄ ap ꝑtiēt al sāct Ministerie de le Esglise, cestascavoir ē ceux jours, ou Minister ou Deacō de quecūq̄ aut' degree ou dignity, niēt obstāt q̄ en pristin̄ tēps nō solem̄ Sacerdotes & Diaconi, mes aux' Subdiaconi, Cantores, Acoluthi, Exorcistae & Ostiarii fueront deins cest accom̄t, si cōe ils sōt a cest jour ou le Ley Canon ad pleine poyar. Et ē cest signification Clerk est ou Religious (auterm̄t appel Regular) ou Secular. 4 H. 4. c. 12.
Laut' signifi a [...] ion [...] cest parol denote tiels q̄ ꝑ lour function ou course [...] vie usont lour plum' ē asc' Court, ou aut m̄t; come nosmemēt le Clerk des [Page 149] Rotules [...] l Parliam̄t, Clerks del Chancery, & tiels sēbles.
Clerico admittendo.
CLerico admittendo est un Brief direct al Evesque p̄ l' admittance de un Clerk a un Benefice, sur un Ne admittas trie & found p̄ le party q̄ ꝓcure le Brief. Reg. orig. f. 31.
Clerk attaint.
CLerk attaint est celuy q̄ pria son Clergie apres judgemēt sur luy done de Felony, & ad son Clergy allow; tiel Clerk ne poit faire son Purgation.
Clerk convict.
CLerk convict est celuy q̄ pris son Clergie devant judgmēt done sur luy [...] le Felony, & ad le Clergie grant; tiel Clerk puit fair son Purgation. Nota, q̄ cel Purgation fuit fait quant il fuit dimisse al Ordinarie, la destre trie del enquest del Clerks: & pur ceo ore per le Stat. 18 Eliz. cap. 7. nul tiel est misse al Ordinarie.
Closh.
CLosh ou Closse est un illoyal Game prohibit per le Stat' fait en l' an 17 E. 4 [Page 150] c. 3. & est inhibit aux' per le Statute de 33 H. 8 c. 9. Mes icy est plus ꝓperm̄t appel Clash; car est le mitter dun Boul as neuf Espingles de boys, ou neuf shank bones [...] un beefe ou chival: & est ore usualm̄t appel Kailes, ou Nine-pins.
Coadjutor.
COadjutor al Disseisin est celuy que ove auter disseise un de son Franktenemēt al use del aut' & il serr̄ punie come un Disseisor; mes il nest tiel Disseisor que gaine le Franktenemēt, mes le Franktenem̄t vest & est tout en celuy a que use le Disseisin fuist com̄it, cōe appiert ē Littleton l. 3. c. 3. de Joyntenants.
Cocket.
COcket est un Seal' q̄ apperteln̄ al Custome-house le Roy, & signifie auxy un Escrowle del parchment, seal & deliver per les Officers del Custom-house as Merchants, come un Garrant q̄ lour merchandizes sont customes. Cest ꝑol est use ē les veux Stat. ore expires, faits 14 E. 3. Stat. 1. c. 21. & 11 H. 6. c. 16.
Codicil.
COdicil est le Volunt ou Testam̄t dun home touchāt c̄ que il voit aver destre fait apres son mort sās l' nomination dasc̄ Executor: Ou auterm̄t il est un addition ou supplem̄t adde al ū Volunt ou Testamēt ap̄s le fini de c [...] o, p̄ le supply dasc chose que le Testa [...] or ad oblie, ou p̄ ayder asc' defect en le Testament. De ceo poyes lier plus en Swinbourne des Volunts & Testaments, part. 1. Sect. 5. num. 2, 3, &c.
Coigne.
COigne est un ꝑol collective, q̄ cōtain ē c̄ touts manners del several stāps & portraitures [...] Numm̄. Et c̄ est un des Royalx Preroga [...] ives appēdāt a chesc' Prince, q̄ il solem̄t ē ses tr̄es demesū poit order & dispose le quantitie, & fashions de son Coigne. Et coment que ceo est le nerve [...] tout merchandise & commerce, uncore le Coigne [...] un Roy nest currant ē les Royalms [...] un aut' Roy com̄unem̄t, sinon al grand perde.
Si home oblige luy mesme [...] render cent livers de loyal Coigne [...] Angleterre a un auter, & al jour [...] paym̄t ascun [...] argent happa destr̄ Coigne [Page 152] de Espaigne ou de Francois, ore l'Obligation est bien performe, si ꝑ Proclamation ils sont faits currant mony de Angleterre. Car le Roy per son absolute Prerogative poit faire ascun foreign Coigne loyal Coigne de Angleterre a son pleasure ꝑ son Proclamation. En case ou home est de pay Rent a son Lessor sur condition de Re-entry, & le Lessee paya le Rent a son Lessor, & il ceo receive, & mitta ceo en son burse, & puis en reviewant de ceo a mesme le temps il trova q̄ il ad receive asc' counterfeit peeces, & sur ceo i [...] refuse de emport' les Deniers, mes re-enter pur le Condition enfreint; ore son Entrie nest loyal, car quant il ad accept les Deniers, ceo fuit a son peril, & puis cest allowance il ne prendra exception al ascun de eux.
Collateral.
COllateral est ceo que vient eins, ou adhere al later' [...] un chose; come Collateral Assurance est ceo q̄ est fait ouster & p̄ter le Fait mesme: Pur example, si home covenant ove un auter, & luy oblige p̄ le performance, l'Obligatiō est appel Collateral Assurance, p̄ ceo q̄ est external, & sans le nature & essence del Covenant. Et Cromp [...] o [...] fol. [Page 153] 185, dit q̄ destre subject al de pasturing des Dāes le Roy est collateral al soyle deins le Forest. En mesme le man̄er poyomus nous dire, que libertie a pitcher Sheds ou Stalls pur un Faire ē le soile [...] un au [...] ' home est collateral al terre. Le private Bois [...] un com̄on ꝑson deins le Forest ne poit estre succide sans le licence del Roy, car il est un Prerogative collateral al soile. Man. part. 1. pag. 66. Collateral Garrantie; Veies tit. Garranty.
Collation.
COllation est ꝓperment le Donation de un Benefice ꝑ l'Evesque, q̄ ceo ad en son Done ou Patronage demesne; & differ [...] de Institution en ceo, pur ceo que Institution en un Benefice est performe ꝑ l'Evesque al motion & Presentation [...] un auter, q̄ est Patron de mesme Esglise, ou ad le droit del Patron ꝓ hac vice: Uncore Collatio est use p̄ Presentation en 24 E. 3. Stat. 6. & la est un Brief en le Regist. 31. b. appel De Collatione facta uni post mortem alterius, &c. direct al Justices del Com̄on Bank, eux commandant a directer lour Br̄e al Evesq̄, p̄ l'admittance [...] un Clerk en le lieu [...] un auter p̄sent ꝑ le Roy, que devant le Suit perenter le Roy & le [Page 154] Clerk del Evesque morust; car judgement un foits p [...] sse p̄ le Clerk le Roy, & il morant devant q̄ il soit admit, le Roy poit done son Presentation al auter.
Collusion.
COllusion est, lou un Action est port vers un auter per son agreement demesne, si le Plaintife recover, tiel Recoverie est dit per Collusion. Et en ascun cases le Collusion serra inquire, come en un Quare impedit, & Assise, & tiels semblables, queux ascun Corporation ou Corps politique port envers aut' al entent [...] aver le Tr̄e ou Advowson dont le Br̄e est port en Mortmain. Mes en Avowrie, ne en asc' Action personal, le Collusion ne serra enquire. Veies le Stat. de Westm. 2. c. 32. que done le Quale jus & enquirie en tiel case.
Colour.
COlour est un fained matter le quel le Defendant ou Tenant use en son barre quāt un Action de Trespasse ou un Assise est port envers luy, en le quel il done le Demandāt ou Plaintiff un shew prima facie que il ad bone cause de Action, lou en veritie il nest just cause, mes tantfolemēt un [Page 155] Colour & Visour [...] un cause: & il est use al entent que le determination del Actiō doit este ꝑ les Judges, & nemy ꝑ un ignorant Jurie de douze homes. E p̄ ceo un Colour doit estre un matter en Ley difficult al lay gentes. Come p̄ example, A. port ū Assise [...] terre envers B. & B. dit que il mesme lesse mesme le terre al un C. p̄ terme de vie, & apres grant le Reversion al A. le Demandant, & puis C. Tenant p̄ terme de vie morust, apres que decease, A. le Demandant, claimant le Reversion ꝑ force del Grant, (ou C. le Tenāt p̄ vie ne unques attourne) entra, sur q̄ B. entra, envers que A. pur mesme entrie port cest Assise, &c. Cest un bone Colour, q̄ ceo que les lay gentes pensant q̄ le terre voile passe per le Grant sans Atturnment, lou en fait il ne voile passe, &c.
Auxy ē un Action [...] Trespasse Colour doit estre done, & [...] eux sont ū infinite number, un pur Example: En un Action de Trespasse pur prise de Avers del Plaintiff, le Defendant dit, que devant le Plaintiff reins avoit en eux, il mesme fuit possesse de eux come de les propter biens, & eux deliver al A. B. pur eux rebailer a luy quando, &c. & A. B. eux dona al Plaintiff, & le Plaintiff supposant le property destre en A. B. al temps del don̄, prist [Page 156] eux, & le Defendant eux reprist del Plaintiff, sur que le Plaintiff port l' Action: cest un bone Colour, & un bon Plea. Veies de ceo pluis en Doctor & Student, l. 2. c. 13.
Colour est pur ceo cause, viz. lou le deft. justifie ꝑ title en transgr̄ ou assize, sil ne done le Plaintiff Colour son plea amount tanq̄ al general issue, car si le Defendant ad title il n'est culpable, 1 Co. 79. 108.
Colour de Office.
COlour de Office est touts foits prist in malam partem, & signifie un act malement fait per le countenance [...] un Office, & il port un dissimulant visage del droit del Office, lou le Office nest que vaile del fauxitie, le chose est ground sur vice, & le Office est come ū shadow al ceo. Mes ratione Officii, & virtute Officii, sont prises touts foits in bonam partem, & lou le Office est le just cause del chose, & le chose est pursuant al Office. Plo. en Dive & Man. case 64. a.
Combat.
COmbat, ē nr̄e antiq̄ Ley, estoit un formal Trial [...] un ambigieux Case ou controversie ꝑ l'Ense ou Bastons [...] deux Champions. Veies Glanvile l. 14. c. 1. Britton c. 22. & Dyer fol. 301. numb. 41.
Commandment.
COmmandment est prise ꝑ divers significations: alc' foits p̄ le Commandment le Roy, quāt ꝑ son mere motion & de son bouche demesne il jette asc' hōe ē prison, Stamf. Plac. Cor. fol. 72. ou des Justices: Et ceo Commandm̄t des Justices est ou absolute, ou ordinarie. Absolute, sicome quant sur lour authoritie demesne, ou lour sapiēce & prudence, ils com̄ittont asc' hōc a prison p̄ ū punishm̄t. Ordinarie est, quant ils com̄ittont un pluis destre safem̄t gard, q̄ p̄ punishm̄t; & hōe com̄it ꝑ tiel ordinarie Com̄andm̄t est mainpernable, Placit. Cor. fol. 73. Commandm̄t est use arere p̄ l'offence [...] celuy q̄ com̄and aut' home [...] transgresser le Ley, ou [...] faire asc' tiel chose que est encounter le Ley, come Murder, Larcenie, ou tiels semb'ables, Bract. l. 3. Tract. 2. c. 19. Les Civillians appel cest Commandm̄t, Angelus de maleficiis.
Commandrie.
COmmandrie fuit le nosme [...] un Manor ou chief Messuage, ove q̄ Tr̄es ou Tenem̄ts fueront occupies ꝑteignont al Priorie ꝑ S. Johan de Jerusalem, tanque fueront done al Roy Henry le huict [...] Statute fait en l'an 32 de son reigne. Et cestuy q̄ avoit le Governm̄t [...] asc' tiel Manor ou Messuage fuit appel le Commander, q̄ navoit rien a faire ou disposer de ceo, forsq̄ al use del Priorie, & [...] aver solem̄t son sustenance de ceo solonque son degree, q̄ fuit usualm̄t un Frere de mesme le Priorie, que eust este fait Chivaler en les guerres encount' Infidels: & fueront jades appel Knights de le Rhodes, ou Knights de Malta, de lieus lou leur grand Master inhabite. Veies le dit Statute, & le Statute entituled De Templaris, le decay des queux fuit grand encrease de cel Order. Et plusors de ceux Commandries sont ē le Pais nosmes le Temple.
Commendam.
COmmendam est un Benefice q̄ esteant void, est commend al care [...] asc' sufficient Clerk, destre supplie jesque il poit estr̄ convenim̄t ꝓvide [...] ū Pastor. Et le voyer [Page 159] original de ceux Commendams fuit ou pur cause de evident utilitie, ou necessitie Cestuy a que l'Esglise est com̄end ad les fruits & ꝓfits de ceo solement ꝑ un [...] certain temps, & le nature del Esglise nest alter ꝑ ceo, mes est sicome un chose deposite en les maines ꝑ cestuy a que il est com̄end, que nad forsq̄ le Custody de ceo, que poit estre revoke.
Commissary.
COmmissary est un nosme de Ecclesiastical Jurisdiction, apꝑteinant a cestuy que exercise Jurisdictiō Spiritual en lieus del Diocesse de cy grand distance del principal Ci [...] y, q̄ le Chancellor ne poit appeller les Subjects al chief Consistorie del Evesque sans lour grand molestation. Cest Commissarie est appel ꝑ les Canonists Commissarius, ou Officialis foraneus; & est ordeigne a cel special fine, q̄ il executera l'Office & Jurisdiction del Evesq̄ ē les Boundaries del Diocess, ou ē tiels Paroches que sōt peculiars al Evesque, & exempt del Jurisdiction del Archdeacon: car ou ꝑ prescription, ou per composition, la sont Archdeacons que ont Jurisdiction en lour Archdeaconries, sicome en plusors lieus ils ont, la cest Commissarie est superfluous, & pluis al detriment que al bone des gents.
Commission.
COmmission est tant en le Com̄on Ley come le parol Delegate ē l' Civil, & est prise p̄ le Garrant ou Letters Patents que touts homes, ayant jurisdiction, ou ordinarie ou extraordinarie, ont pur lour poyar de oyer ou termin̄ asc' cause ou action. Uncore cest parol est asc' foits extend pluis largem̄t que al choses [...] Judicature; sicome le Commission [...] Purveyors ou Prisors, 11 H. 4. c. 28. Mes ove cest Epitheton Alt, il est pluis cōmunem̄t use p̄ le Alt-Commission Court, institute & foundue sur le Stat. de 1 El. c. 1. p̄ l'ordināce & reformation de touts offences en asc' chose appertinent al Jurisdiction Ecclesiastical, mes especialm̄t tiels q̄ sōt [...] pluis alt nature, ou al meins requir̄ pluis grād punishmēt q̄ ordinarie Jurisdiction poit afford. Veies les Stat. 17 Car. 1. c. 11. & 13 Car. 2. c. 12. ꝑ q̄l l'avātdit Court est ꝑ tout abolie.
Commission de Rebellion.
COmmission de Rebellion, autermēt appel un Brief de Rebellion, est use quant ū hōe apres Proclamation fait ꝑ le Viscount, sur ū Or [...] ou Proces del Chancerie, south penal, [Page 161] y [...] sō Allegeāce a p̄ sent' luy mesme al Court ꝑ ū jour certain, ne appiert pas. Et cest Com̄ission est direct per voy de command al certain persons, a fine que ils, ou trois, [...] ux, ou un de eux, apprehendont ou causont destre apprehend le partie, come un Reb [...] l & contemner de Leys le Roy, en quelcunque lieu que ils luy troveront deins le Royalme, & de presenter luy ou luy cause destre present al Court sur un jour en ceo assigne.
Committee.
COmmittee est cestuy ou ils a que le consideratiō ou ordinance [...] asc' chose est refer, ou ꝑ ascun Court, ou consent des parties a que il appertient: sicome ē Parlm̄t un Bill esteant lie, est ou admit & pas, ou denie, ou refer al consideration [...] asc' certein hōes appoint ꝑ le Meason, les queux sur ceo sont appelles un Committee. Mes cest parol est autermēt use ꝑ Kitchen, fol. 160. ou le relict del Tenant le Roy est appel le Committee le Roy cest ascavoir, un Cōmise ꝑ l' ancient Ley del Terre al care & protection le Roy.
Common.
COmmon est le droit q̄ home ad de mitter se [...] Beasts a Pasture, ou de user le terre que nest son ꝓper soile.
Et nota q̄ sont divers Commons, cest adire, Common en grosse, Common appendant, Common appurtenant, & Common per cause de vicinage.
Common en grosse est, lou jeo, ꝑ mon Fait, grant a un auter que il avera Common en ma terre.
Common appendant est, lou home est seisie de certaine terre, a que il ad Common en auter soile, solement ꝑ ceux beasts que compost la terre a que il est appendant, except Oysons, Chivers, & Porceaux; quel Common est ꝑ prescription, & de common droit, & li est appendant al ter̄e arable solement.
Common appartenant est de mesme nature ove Common appendāt; mes est oves (que) touts manners des avers, cybien Porceaux & Chivers, come Chival [...], Vaches, & tiels que compost le terre. Et tiel Cō mon poit estre fait a ceo jour, & several del terre a que il est appurtenant, mes issint ne poit Common appendant.
Common pur cause de vicinage est, lou les Ten [...]nts de deux Seigniors sont seisies de [Page 163] deux Seigniories dont l'un gist p̄s l' auter, & chescun de eux ont use de temps dont memorie ne courr̄ de aver Common en aut' Ville ovesque touts beasts commonable.
Mes l'un ne poit mitter ses Avers en le terre [...] 'auter, car la ceux de l'auter Ville poient eux distraine Dam̄age feasant, ou aver Action de Trespasse: mes ils eux mittera en lour camps demesne, & si ils estray en les cāps del aut' Ville, ils doint eux sufferer. Et les inhabitrāts de l' ū Ville ne doient mitter eins beasts tants cōe ils voile, mes ayant regard al Frākerenem̄t del inhabitants de le auter, car aut'ment il ne serroit bone Vicinity, sur que tout depend.
Common Fine.
COmmon Fine est un certain sum̄ des deniers q̄ les Resiants deins un Leet payont al Sn̄r del Leet; & est appel en ascuns lieus Capitagium vel Capitale argentum, en ascuns lieus Certum Letae, & fuit al primes (come semble) grant al Sn̄r vers le charge de son purchase del Leet, ꝑ que les Resiants avoyent ore un aise p̄ faire lour Suit royal deins l' Man̄or, & nemy destre compells [...] alter al Tourne le Viscount de fair̄ ceo. Et p̄ cest Cōmon Fine le Sn̄r doit prescriber, & ne poit distre [...] n p̄ [Page 164] ceo sans Prescription, come appiert en Godfrey's Case, en 11 R [...] p. fo. 44. b.
Common Ley.
COmmon Ley est p̄ le pluis part prise 3, voyes. Prime [...] m̄t, p̄ les Leyes de cest Realm̄ simply, sans ascū aut' Ley, cōe Customarie, Civil, Spiritual, ou quecunque auter Ley joyne a ceo; come quant est dispute en nostre Leyes de Engleterre, quid doit de droit estr̄ determine ꝑ le Common Ley, & quid ꝑ Spiritual Ley, ou le Court del Admiral, ou tielx semblables.
Secondarim̄t, il est pris p̄ les Courts le Roy, come le Bank le Roy, ou Com̄on Place, tātsolem̄t p̄ monstre un difference perent' eux & less base Courts; come Customary Courts, Court-Barons, County Courts, Pipowders, & tielx semblables: come quant un Plee de terre est remove hors de anciēt Demesne, p̄ ceo que le terre est Frank-fee, & pleadable al Common Ley, cest adire, en le Court le Roy, & nemy en ancient Demesne, ou en ascun aut base Court.
Tiercem̄t, & pluis usualm̄, [...] Common Ley est enten due tielx Leyes q̄ fueront generalm̄t prise & tenus p̄ Ley devant q̄ asc' Stat. fuit fait p̄ alt' ceo: cōe p̄ example, Tenant p̄ vie, [...] e p̄ ans, ne fueront destre [Page 165] punish p̄ fesans Wast al Common Ley, tanq̄ le Statute de Glouc. c. 5. le quel don̄ ū Action de Wast envers eux. Mes Tenant ꝑ le curtesie & T [...] nant en dower fu [...] ront punishable pur Wast al Common Ley, cest adire, per le usual & common received Leys le Realm, devant le dit Sta [...] ute fuit fait.
Common Pleas.
COmmon Pleas est le Court le Roy jam̄es tenus en le Sale de Westminster, mes en ancient tēps moveable, sicōe appiert ꝑ Mag. Char. c. 11.
Mes Gwyn, en le Preface a son Lecture, dit, Que jesque le temps que Henry le tierce grant le Grand Charter, la fuer̄ forsq̄ deux Courts solem̄t appel les Courts le Roy, de que ū fuit l'Eschequer, & l'auter le Banke le Roy, quel fuit appel auxly Aula Regia, p̄ ceo que el ensue le Court; & q̄ sur le grant de cel Chart' le Court [...] Common Pl [...] es fuit erect & settle ē un lieu certain viz. al Weminster; & p̄ ceo touts les Briefs fueront faits ove cest Returne, Quod sit coram Justificariis meis apud Westmonasterium, ou devant le party fuit commaund per eux de appearer coram Me vel Justiciariis meis, sans ascun addition de ascun lieu certein.
[Page 166] Touts Civil causes, cybien Real come Personal, sont, ou fueront ē ancient temps, trye en cest Court, accordant al strict Ley del Royalm̄: Et ꝑ Fortescue, cap. 50. il semble daver este le sole Court pur Real Causes. Le primer Judge de ceo est appelle Seigniour Chiefe Justice del Common Plees, accompany ove trols ou quater Assistants [...] u Associates, que sont create per Letters Patents del Roy, & sicome fuit enstalle ou place sur le [...] ank ꝑ le Seigniour Chancellor & Seigniour Chiefe Justice del Court, come appiert ꝑ Fortescue ca. 51. que expresse touts les circumstances de cel Admission.
Le residue des Officers appertinant a cel Court sont ceux; Le Custos Brevium, trois Prothonotaries, Chirographer, dixe quater Philasers, quater Exigenters, Clerk des Garrants, Clerk des Juries, Clerk del Treasury, Clerk de Argent le Roy, Clerk des Essoines, Clerk des Utlagaries.
Common jour en plee de terre.
COmmon jour en plee de terre, Anno 13 R. 2. Stat. 1 cap. 17. signifie un ordinarie jour en le Court, come [Page 167] Octabis Michaelis, Quindena Paschae, &c. come poies veier en le Statute 51 H. 3. concernant gener. l jours eu le Bank.
C [...] mm [...] tes.
COmmotes semble destre un parol composit, del Preposition C [...] , & Motio, i. e. Dictio Verbum, & signifie en Gales le part dun Countie ou Hundred, Anno 28 H. cap. 3. Il est escrie Commoithes, An. 4. H. 4. ca. 17. & est use pur un Collection fait sur les gents de ce [...] ou cest Hundred ꝑ Minstrels de Gales.
Communi Custodia.
COmmuni custodia est un Brief que gisoit pur cel Seigniour, le Tenant de quel reindrant p [...] r service de Chivaler morust, son eigne fils deins age, envers un estranger, que enter le terre, & obtaine le Gard del Corps. Il semble de prender le nosme del common Custome ou droit en ceo case, que est, Que le Seigniour avera le Gard de son Tenant jesque son pleine age; ou p̄ ceo, que est common pur recoverie [...] l Terre & Tenant, come appiert ꝑ le forme de ceo, V [...] l N. B. 89. Regist. Orig. 161.
Compromise.
COmpromise est un mutual Promise de deux ou plusors parties que sont al controversie, pur submitter eux mesmes & touts differēces ent' eux al Agard, Arbitremēt, ou Judgmēt [...] l ua ou plusors Arbitrators, ent' eux indifferentment essi [...] u, p̄ determiner & ad [...] udger des touts matt's refe [...] es, & sur que les parties differont.
Computation.
COmputation est use en le Common Ley pur le voyer & indiff [...] rent Construction de temps, issint que ne le un partie ferra tort al auter, ne le determination de termes referr̄ a large, deste prise un voy ou auter, mes compute accordant al droitural censure de la Ley.
Come si Indentures de Demise sont i [...] grosse, portont date le unisme jour de May, 1665. de aver & tener le terre en S. pur tro [...] s ans de cest temps, & les Indentures sont deliver le quart jour de June en le an avantdit: En cest case, de cest temps, serra account del jour del Deliverie des Indentures, & nemy ꝑ asc' computation del Date. Et [...] i le dit Indenture soit deliver [Page 169] al quart de la horologe puis meridie le dit quart jour, cest Leas finiera le tierce jour de June en le tierce an; car la Ley en cest Computation reject touts fractions ou divisions del jour, pur le incertainty, que touts foits est le mere de contention. Issine ou le Statute de Enrolments fait Anno 27 Henr. 8. cap. 16. est, Que les Escripts serront inrolle deins size moyes apres le Date de mesme les Escripts indent, si tiels Escripts ont Date, les size moyes serront account del Date, & nemy del Deliverie: mes si fault Date, donque il serra account del Deliverie. Cok [...] li. 5. fol. 1.
Si ascun Fait est monstre a un Court al westminster. le Fait per Judgement del Ley remain en Court tout le Terme en que ceo est monstre; car tout le Term en Ley nest que un jour. Coke l. 5. f. 74.
Si un Esglise happa void, & le veray Patron ne p̄senta deins size moyes, donques le Evesque del Dioces poit collate son Chaplein: mes ceux size moyes ne serra account accordant al vine huict jours al moyes, mes accordant al Kalen [...] . Et la est grand diversitie en nostre common parlance en le singular numbre; come un [Page 170] Twelve-month, que enclude tout lan solonq̄ le Kalendar, & Twelve-moneths, que serra compute solonque vint huict jours a chescun moyes. Veies Co. l. 6. f. 61. b.
Computo.
COmputo est un Brief issint appel del effect▪ pur ceo q̄ il enforce un Bailif, Chāberlain, ou Receiver, a render son Account. Veil N. B. f. 58. Il est foundue sur le Statute de West. 2. c. 2. le quel pour vostre mieux intelligence vous poyes lier. Et il auxy gist p̄ Executors de Executors. 15 Ed. 3. Stat. de Provis. Victual. cap. 5. Tiercemēt, envers le Gardein en Socage, pur Wast fait en le minority del Heir̄, Marl. cap. 17. Et veies pluis en queux auters cases il gist, Reg. Orig. f. 135: Veil N. B. f. 58. & F. N. B. 116.
Concealers.
COncealers sont tiels q̄ trovont terres conceal, ceo est, tiels terresq̄ sont privimēt detein̄ del Roy per common ꝑsons, ne ayant pas ascū chose de monstre p̄ eux, An. 39. El. c. 22. Ils sont issint appel a concelando, come Mors a movendo, ꝑ Antiphrasin.
Conclusion.
COnclusion est, quant home ꝑ lon fait demesne sur record ad charge luy m̄ ove ascun Duty ou auter chose; Cōe si home que est frank confesse luy m̄ destr̄ Villain de A. sur record, & ap̄s A. prist ses biēs, il serra conclude adire ē ascū Action ou Plea en ap̄s que il est frank, per reason de son confession demesne. Issint si le Viscount, sur un Capi as a luy direct, return quod Cepit corpus, & uncore nad le corps ē Court al jour del Retorn, ill serra amercie: & sil fuist sur un Capias ad satisfaciend', le Plaintif poit aver son Action envers le Viscount pur le Escape; car per tiel Retourn le Viscount ad conclude luy mesme.
Et cest parol Conclusion est prist en un auter sense, cōe p̄ le Fine ou darrein ꝑt de ascun Declaration, Barre, Replication, &c. Come ou al Barre covient estre un Replication, le Conclusion de son Plea serra, Et hoc paratus est verificare. Si en Dower le Tenant pleda, Ne unques seisie que Dower doit render, le Conclusion serra, Et de hoc ponit se super Patriam. Et en quel manner le Conclusion serra accordant al nature des several Actions, veies Kitch. f. 219, 220, &c.
Concord.
COncord est define destre le voyer Agreem̄t ent' ꝑties que entendont le levying [...] un Fine de Terres un al auter, quel voy & en quel manner les Terres serront passe: car en le form' de ceo plusors choses sont destre cō sider. Vide west. part. 2. tit. Fines & Concords, sect. 30.
Concord est auxy un Agreem̄t fait sur ascun Trespasse commit perent' deux ou plusors, & est divide en un Concord Executorie, & Execute. Vid. Plow. Casu Reniger & Fogasse, fo. 5, & 6. ou il appear' ꝑ le opinion [...] ascuns, Que l'un ne lia pas, come esteant defective; l' aut', esteant absolute, oblige le ꝑties. Et uncore ꝑ le opinion de auters, en m̄ le case, il est affirm, Que Concords Executorie sont perfect, & ne meynes lyeront pas q̄ Concords Executed, fol. 8. b.
Est teign de tardiff temps, q̄ entant que actions sur assumpsits sont ore en use queux sueront rare devant le reigne de Roy H. 8. que ou un accord ove un assumpsit sur quel un action gist est bone plea en touts ceux actions, a queux ceo devant fuit bone plea si fuit execute.
Concubinage.
COncubinage est un Exception vers luy q̄ port Action pur sa Dower, ꝑ q̄ il est alledge, Que el ne fuit loyalment espouse al partie en queux terres el quere destr̄ endowe, mes son Concubine. Brit. cap. 107. Bract. li. 4. tract. 6. cap. 8.
Conders.
COnders sont tiels q̄ estoiāt sur les alt lieus prochein al coast del Mere, al tēps del piscary p̄ Haleques, a faire signes ove ramaus, &c. en lour maines al Piscarers, quel voy le troupe des Haleques passont; car ils q̄ estoyant sur ascun alt Petre poyent ceo mieux veier q̄ tiels que sont en lour Neifes. Ceux sont auterment appel Huers & Balkers, come appiert ꝑ le Statute de 1 Jac. cap. 23.
Condition.
COndition est un Restraint ou Bridle annex al chose, issint q̄ ꝑ le non ꝑformance, ou feasans de ceo, le partie al Condition receivera prejudice & perde, & per le performance & fair̄ de ceo, commoditie & advantage.
[Page 174] Touts Conditions sont ou Conditions actual & expresse, q̄ux sont appel Conditions en Fait: ou ils sont implicit ou tacit', & nient expresse les queux sont Conditions en Ley.
Auxy touts Conditions sont ou Conditions precedent & vaiant devant l'Estate, & sont execute [...] ; ou subsequent & venient apres l' Estate, & executorie.
Le Condition precedent gain & obtain le chose ou Estate fait sur Condition, ꝑ le ꝑformance de le Condition.
Le Condition subsequent garde & continue le chose ou Estate fait sur Condition, per le performance del ycel.
Actual & expresse Condition, q̄ est appelle un Condition en Fait, est un Condition annexe per expresse parols a Feoffm̄t, Lease, ou Graunt, ou ē escript, ou sauns escript; Si come jeo enfeoffe un hōe ē terres, reservant Rent destre payed a tiel Feast, sur Condition, que si le Feoffee faile de payment al jour donques il serra loyal pur moy de reenter.
Condition implicite ou tacit' est, quant hōe graunt al aut' le Office destre G [...] rde in [...] un Park, Seneschal, Bedle, Bailif, ou tiels semblables, p̄ terme de vie: & nient obstant que la ne soit ascun Condition expresse en le Graunt, uncor' le Ley parle covertmēt [...] un Condition, quel est, Que [Page 175] si le Grantee ne executa pas tou [...] s points apperteignont a son Office, per luy mesme ou son sufficient Deputy, don (que) serra loyal pur le Grantor de ent', & discharge luy de son Office.
Condition precedent est, quāc un Lease est fait al un pur vie, sur Condition, Que si le Lessee voyle payer al Lessor xx. li. a tiel jour, donques il avera Fee-simple: icy le Condition precede l' Estate en Fee-simple, & sur le performance de Condition gain Fee simple.
Condition subseq [...] ent, & veniens apres, est, quant un grant a J. S. son Manor de Dale en Fee-simple, sur Condition, Que le Grauntee payer a luy a tiel jour xx. l. ou auterment que son Estate cessera: icy le Condition est subsequent & ensuant le Estate en fee, & sur le performāce [...] y [...] el continue l'Estate. Veies pluis de ceo en Cok. li. 3. fo. 64. & en Lit. li. 3. cap. 5. & Perkins Titulo ultimo [...] Conditions.
Confederacy.
COnfederacy est, quant deux ou plusors luy mesmes confedre de fair̄ ascn̄ male ou damage al auter, ou de faire ascun chose illoyal. Et coment q̄ Br̄ de Conspiracy ne gist, sinon q̄ le ꝑtie soit endite, & [Page 176] en loyal manner acquite, car issint sont les ꝑols del Breve; uncore faux Confederacie inter divers persons serr̄ punie, com̄t que nul chose soit mise en ure: & ceo appiert ꝑ le Livre de 27 Assis. pla. 44. ou la est un note, Que deux sueront endire de Confedracie, chescun de eux a mainta [...] n auter, le q̄ lour meistre soit veray ou faux; & nient obstant que nul chose fuit suppose destre mise en ure, les parties fueront mis a responder, pur ceo que cē chose est defendue en la Ley. Issint en le prochein Article en m̄ le Livre, Enquirie serr̄ fait de Couspirato [...] s & Confederators, q̄ soy enter eux illiount, &c. de fauxemēt endit' ou acquitt', &c. le manner del alliance, & ent' queux: q̄l ꝓve auxy, que confederacie de enditor ou acquitt', com̄t que rien soit execute, est punishable ꝑ la Ley. Et est d [...] str̄ observe, que ceux Confederacies punishable ꝑ Ley devant que ils sont execute, covient de aver quater incidents; Primerment, estre declare ꝑ ascun matter de ꝓsecutiō, cōe ꝑ f [...] asant de Bōds ou Promises l'un al aut'; seconderm̄t, estr̄ malicious, cōe pur unjust Revenge; tiercement, estre faux encont' un innocent; & dernierm̄t, estr̄ hors de Court, voluntarimēt.
Confession del Offence.
COnfession del Offence est [...] quant un prisoner est appeal ou indite de Treason ou Felonie, & trahe al Barre destr̄ arraigne, & son Indictment est lie a luy, & il est demande per le Court que il voyle dire a ceo; don (que) ou il confesse le Offence & le Enditement destre voyer, ou il estrange luy m̄ del Offence, & plede Nient culpable, ou auterment done un indirect respons, & issint en effect estoia mute.
Confession poit estre fait en deux sorts, & a deux several fines, L'un est, il poit Confesse le Offence de que il est indict appiertment en le Court devant le Judge, & submit luy mesme al censure & judgement de Ley; quel Confession est le pluis certain respons & meux satisfaction que poit estr̄ deliver al Judge a condemuer le Offendor, issint q̄ il proceda frankment & de son volunt demesne, sans ascun menace, force, ou extremicie use; car si le Confession surde de ascun de ceux causes, il ne doit estre recorder. Come feme fuit indict pur le felonious embleer de Pane al value de 25. & esteant de ceo arraigne, el confesse le Felonie, [Page 178] & dit que el ceo fait ꝑ le commandemēt [...] sa Baron; & les Judges en co [...] passion ne voillent recorder sa Confession, mes cause luy le pleader Non culpable al Felonie: sur que le Jurie trove que el emblee le Pane per le compulsion de sa Baron encounter sa volunt, p [...] r quel meistre el fuit discharge. 27 Ass. pl. 50.
L' auter sort de Confession est, quant le prisoner confesse l' Endictm̄t destre voyer, & q̄ il ad commit le Offence de q̄ il est endict, & donq̄ devient un Approver cest adire, un Accuser de auters queux ont commit m̄ le Offence de q̄ il est endict, ou auters offences ove luy; & donq̄ pria le Judge daver un Coroner assigne a luy, a que il poit faire relation de ceux Offences, & del pleine circumstances de eux.
La est auxy un tierce sort [...] Confession fait ꝑ un Offendor en Felonie, q̄ nest en Court devant le Judge, come l' auters deux sont, mes devant l' Coroner en un Esglise ou aut' lieu priviledge, sur que l' Offendor ꝑ l' ancient Ley del Roialm est de faire son abjuration hors del Royalme.
Confirmation.
COnfirmation est, quant un que avoit droit al ascun Terres ou Tenements fait un Fait a un auter que voit ent le possession ou ascun estate, ovesque ceux parolx, Ratificasse, Approbasse, Confirmasse, ove entent de enlarger son estate, ou fair' son possession ꝑfect, & niēt defeasible ꝑ luy que fait le Confirmation, ne ꝑ ascun auter q̄ poit aveigner a son droit.
Dont veies pluis ē Lit. lib. 3. cap. 9. de Confirmation.
Confiscate.
COnfiscate, cest parol est prise del Latin ꝑol Fiscus, que originalment signifie un Hanaꝑ ou Fraile, mes ꝑ implication le Treasure del Soveraigne, p̄ ceo q̄ en veiel temps il fuit mis en Hanaꝑs ou Frailes. Et nient obstant que nostre Roy ne mis so [...] Treasure en t [...] els choses, uncore cōe les Romans ont dit, que tiels biens q̄ fueront forfeit al Treasure del Emperor esteant Bona Confiscata en mesme le manner nous diomus de tiels biens que sont forfeit al Eschequer de nostre Roy. Et le title de aver ceux biens est done al Roy ꝑ le Ley, quant ils ne sont [Page 180] claime ꝑ ascun aut'; Come si home soit indite, q̄ il felonyousmēt emblee les biens dun aut' home, lou en veritie ils fontles ꝓper biens l' endltee, & ils sont mises en Court vers luy come maneur, & la demād est de luy, que il dit as dits biens; as queux il disclaima: per cel Disclaimer il perdra les biens, coment que apres ils soit acquite del Felonie, & le Roy eux avera come confisq̄. Mes auterment est, sil ne disclayma en eux.
Mesm̄ le Ley est ou biens sont troves en le possession dun Laron, queux il disavowa, & puis est attaint de aut's biens, & nemy de ceux; icy les biens queux il disavowa sont al Roy confisques: Mes ussoit il attaint de mesmes les biens, ils serroient aver este appelles forfeits, & nemy confisques, nient obstant son Disavowment. Issint si Appeal de Robberie soit port, & le Plaintiff interlessa ascun de ses biens, il ne serra receive de enlarger son Appeale; & entant que nul est icy daver les biens issint interlessee, le Roy eux avera come confisque, accordant al veil dit, Quod non capit Christus, capit Fiscus. Et come en le ease avantdit le Ley punie l' owner p̄ son negligence ou connivencie, issint le Ley abhorre malice, en querance [Page 181] le sanke dascun sans just cause. Et p̄ ceo si A. ad l' biens de B. ꝑ bailm̄t, ou trover, & B. port Appeale vers A. p̄ prender eux feloniousmēt, & est trove q̄ eux fueront les biens le Plaintiff, & que le Defendant vient a ceux loyalment; en cest case ceux biens serrōt confisque al Roy p̄ le faux & malicious Appeale.
Congeable.
COngeable veigne del ꝑol Francois Conge, id est, venia, & signifie en nr̄e Cōmon Ley tant come Loyal, ou loyalm̄t fait; & issint est use ꝑ Littleton en son 410. sect. lou il dit q̄ l' Entry del Disseisee est congeable.
Conge de Eslire.
COnge de eslire, Venia eligendi, est le Permission Royal de Roy a asc' Deane & Chapter ē temps de Vacation đ eslire un Evesq̄, ou a ū Abbey ou Priorie đ son foundation demesn̄, đ eslire lour Abbot ou Prior. Fitzh. Nat. Breu. fol. 169. b. 170. b. c. &c. Monsieur Gwyn ē le Preface a ses Lectures dit, Que le Roy đ Angleterre, come Soveraine Patrō đ touts Archievesqueries, Evesqueries, & aut's Benefices Ecclesiastical, ad de antient temps frank disposition [Page 182] de touts Dignities Ecclesiastical, oucunque ils happa destre void, investant eux primerm̄t per baculum & annul' & puis ꝑ ses Letters Patents; & q̄ en ꝓgresse de temps ils dōe poyer as [...] aut's a fair Election south asc' formes & cō ditions; cōe nosmem̄t, q̄ ils a chesc' Vacation demāderont del Roy Conge de eslire, cestascavoir, licence a ꝓce [...] al Election, & puis de obsecrer son Royal Assent, &c. Et ouster il affirm ꝑ bone ꝓbation hors des Livres del Common Ley, q̄ le Roy Joan fuit le primer que granta ceo, & que il suit puis confirme per Westm. 1. c. 1. quel Statute suit fait Anno 3. E. 1. & arere per le Statute de Art. Cleri, c. 2. q̄ fuit ordaine Anno 25 E. 3. Stat. 3.
Conjuration.
COnjuration est un Compact ou Piot fait ꝑ homes combinant eux mesmes ensemble per serement ou parol a fa [...] r asc' publi (que) leide. Mes il est pluis communem̄t use p̄ tiels queux o [...] t personal Parlance ove le Diable ou male Esperit, a cognostre ascun secret, ou de faire asc' chose. Anno 5 Eliz. c. 16. Et le difference ꝑenter Conjuration & Witchcraft poit este ceo: Pur ceo q̄ l' un semble ꝑ Orizons & Invocation sur le potent Nosme [Page 183] [...] Dieu, [...] compeller l' Diable a dire ou faire q̄ il luy command; & l' aut' fait plus ꝑ un amicable & voluntarie Parlance ou Concord ꝑenter luy ou el, & le Diable ou Esperit, daver sa ou sō volunt & choses effect ē lieu de sangue ou aut' don̄ offer a luy, p̄merm̄t [...] sō ou sa Soul. Et ambideux ceux differont de Enchantments ou Sorceries, pur ceo q̄ sont ꝑsonal Parlances ove le Diable, com est dit; mes ceux sont fors (que) Medicines & ceremonial formes de parols, communemēt appel Charms, sans apparition.
Conservator del Peace.
COnservator del Peace est celuy que ad un especial charge ꝑ vertue [...] son Office a veier le Peace le Roy observe. Quel Peace ē effect est define destre, Un detention ou abstinence [...] cel injurious force & violence q̄ homes irregular & indomit sont ē lour natures apt [...] user envers auters, sinon q̄ ils fuer̄ restrain ꝑ Leys & pavor [...] Castigac'. De ceux Conservators Lambert ouster dit, Que devant le temps del Roy E. 3. q̄ primerment constitute Justices del Peace, la suer̄ divers ꝑsons q̄ ꝑ le Common Ley aver̄ interest ē le gardiancy del Peace. De ceux, ascun ont ceo charge come incident a lour Offices, [Page 184] & issint include deins m̄, niēt obstāt ils fuer̄ appel ꝑ l' nosm̄ de [...] our Office solemēt: asc' aut's ont ceo folem̄t, cōe [...] luy m̄, & fuer̄ de c̄ nosm̄ Custodes Pacis, Gardians ou Conservators del Peace. Et ceux ambideux sorts sont areres subdivide ꝑ Lambert en son Eirenarcha, l. 1. c. 3.
Conservator del Truce.
COnservator del Truce fuit un Officer constitute en chescun Port del Mere south les Letters Patents le Roy, & ad 40 l. p̄ son annual salarie al meins. Son charge fuit [...] enquirer de touts Offences saits envers le Truce & Safe conducts del Roy sur le plein Mere, hors des pais & hors des Franchises del Cinque-Ports le Roy, come les Admirals de custome ont use de faire: & tiels aut' choses cōe sont declare Anno 2 H. 5. c. 6. Touchant cest chose poyes lier l' auter Statute de Anno 4 H. 5. c. 7.
Consideration.
COnsideration est l' essential cause [...] un Contract, sans le quel nul Contract poit lier le parties. Ceo Consideration est ou expresse, sicōe quāt un hōe bargaine a done vint soulz p̄ ū Chival: ou est imply, [Page 185] sicōe qu [...] le Ley m̄ enforce ū Consideration; cōe si un hōe vient ē ū cōmon Hostel, & la cōmorant asc' tēps, prist viands & gisure; ou asc', p̄ luy mesme ou son chival, le Ley presume q̄ il entend a payer p̄ ambideux, nient obstant riens soit covenant perenter luy & son Hostler, & p̄ c̄ sil ne discharge pas le meason, le Hostler poit retain̄ son chival.
Auxy la est Consideration [...] nature & sanke, & valuable Consideration: & p̄ ceo si hōe soit endet a divers, aut's, & nien obstant, ē consideration [...] natural affection, done touts ses biens a son fits ou cousin, ceo serra entend destre un fraudulent Done deins l' Act de 13 Eliz. c. 5. p̄ ceo q̄ cest Act entend ū Valuable Consideration.
Consistory.
COnsistory est ū parol emprent del Italianois, ou pluis tost Lombards, & signifie tant come Praetorium. Est vocabulum utriusque Juris, & est use p̄ le lieu del Justice ē les Courts Espirituals eu Christians.
Consistory.
COnsolidation est use p̄ le Combinancie & unificence ꝑ deux Benefices ē un: [Page 186] & cest ꝑol est pris de le Ley Civile, ou il ꝓꝑm̄t signifie ū Uniting del possession, occupation, ou ꝓfit, ove le ꝓpertie. Come si home ad ꝑ Legacie usum fructum fundi, & puis purchase le Propertie ou Fee-simple del Heir; en cest case un Consolidation est fait des Profits & Property. Vide Brook tit. Union.
Conspiracie.
COnspiracie, nient obstant q̄ ē Latine & Francois est use p̄ ū Agreemēt des hōes a faire un chose bone ou male, uncore il est cōmunem̄t prise ē nr̄e Ley ē le male part; & est define en 34 E. 1. Stat. 2. destre un Agreement [...] tiels q̄ confederont ou lieront eux mesmes ꝑ Serem̄t, Covenant, ou aut' alliance, q̄ chesc' de cux portera & aidera lauter fauxm̄t & maliciousm̄t, [...] enditer, on fauxm̄t a mover ou maintainer Plees; & aux' tiels q̄ causant Enfants deins age [...] appealer hōes [...] Felony, ꝑ q̄ ils sont imprison & duremēt grieve; & tiels q̄ reteignout gentes ē le Pais ove Liveries ou Fees de maintainer lour Actions malicious: & ceo extend cybien a les prisors, cōe les donors. Aux' Seneschals & Reeves [...] grand Sn̄s, q̄ ꝑ lour Seign̄rie, Office, ou poyar, assume [...] port' ou maintainer Quarrels, Plees ou Debares, [Page 187] q̄ concernout aut' parties que tiels que touchāt l'Estate de lour Sn̄rs, ou de eux mesmes. Anno 4. E. 3. c. 11. 3. H. 7. c. 13. Et de ceo veies pluis, 1 H. 5. c. 3. 18 H. 6. c. 12. auxy en le veiel Livre de Entries, verb' Conspiracie.
Cest ꝑol en les lieus devāt rehearse est prise pluis generalmēt, & est confound ove Maintenance & Champerty; mes en ū pluis special significatiō il est prise p̄ un Confederacie ꝑent' deux ou plusors, fauxm̄t endit' ū, ou [...] ꝓeurer un destre endict' [...] Felony. Et le punishm̄t [...] Conspiracie sur un Indictm̄t de Felony al Suit le Roy est, Que le party attaint ꝑdera sont frank ley, al entēt q̄ il ne soit impannel sur Juries ou Assises, ou tiels semblables employm̄ts, p̄ le testification del voyertie: & sil ad a fair ē le Court le Roy, q̄ il fait son Attorney; & q̄ ses t'res, biēs & chattels sont seisie ē les mains le Roy, ses t'res estreape, ses arbres defosse, & son corps commise al prison. 27 lib. Assise 59. Crompton 156. b. ceo est appel villanous Judgement. Mes si si le partie grieve voyle suer un Brief de Conspiracie, donque veies Fitzh. Natur. Brev. 114. d. 115. i, &c.
Constable.
COnstable est diversement use ē le Cōmon Ley. Et primerm̄t, le Constable [...] Angleter' q̄ est auxy appel Marshal, Stanf. Pl. Cor. fol. 65. de l' authoritie & dignitie de quel home poit trover plusors arguments & signes, cybien ē les Statutes, come les Chronicles [...] c'Royalm Son poyer consist en le care del common Peace del Ter̄e, ē Faits marshal, & choses de Chivalry, Lamb. Dutie de Constab. numb. 4. ove que agree le Statute de 13 R. 2. cap 2. Stat. 1. De ceo Officer ou Magistrate, Gwyn, en le Preface a ces Lectures, dit a tiel effect; Le Court de Constable & Marshal finist Contracts touchant Faits de chivalrie hors del Royalme, & treat choses concernont Guerres deins le Royalme, come Combats, Blasons de armory, & tiels semblables; mes il nad a fair̄ ove Battel en appeale, ne gen̄almēt ove ascun aut' chose que poit estr̄ trie per les Leyes de Ter̄e. Veies Fortescue cap. 32. Cest Office en temps par devant fuit apperteynant al Sn̄rs de certain Manors Jure feudi; & pur quel cause ceo discontinue veies Dyer 385. Pl. 39.
Hors de cel Magistracie (dit Lambert) [...] uer̄ trahe ceux south Constables, les [Page 189] quels nous appellomus Constables des Hundreds & Franchises, & primerm̄t ordein ꝑ l'Statute de Winchest. 13 E. 1. le quel appoint p̄ le conservation del Peace, & view [...] Armor, deux Constables ē chesc' Hundred & Franchise; & ceux sont a cest jour appel Alt Constables, p̄ ceo que le encrease des gents & peches ad arrere south ceux fait aut's en chesc' Vill', appel Petit Constables, queux sont de semblable nature, mes de inferior authority al auter.
Ouster ceux, la sont Officers de particular lieux appel' per cest nosme; come Constable [...] l Tower, Stanf. 152. 1 H. 4. 13. Constable de Exchequer, 15 H. 3. St. 5. Constable de Dover Castle, Camb. Brit. p. 239. F. N. B. aut'mēt appelle Castellaine. Manwood part 1. c 2. 3. de [...] es Leys del Forest, fait mention [...] un Constable del Forest.
Consuetudinibus & Servitiis. Vide Prescription.
COnsuetudinibus & Servitiis est un Breve, & gist lou jeo ou mes ancestors, depuis le limitation [...] Assise, (p̄ quel veies le Title [...] Limitation en le Collection de Statutes) ne Fueront seises des Customes ou Services de Mon Tenant devant; donques jeo aver cest Br̄e p̄ recover' ceux Services.
[Page 190] Anxy le Tenant poit aver cest Br̄e vers son Seigniour; mes apres que le Tenant ad count, le Seigniour defendera les motes del Count, & repliant dirra, que il ne distreina pas pur les Customes dont le Count est; & donques il countera tout le Count de les Customes & Services; & donques le Tenant, que fuit Plaintiff, deviendra Defendant, & defendra per Battaile ou grand Assise.
Consultation.
COnsultation est un Breve, ꝑ q̄ ū Cause esteant ꝑ devant remove per Prohibition hors del Court Ecclesiastical, ou Court Christian, al Court le Roy, est la returne arere: Car si les Judges del Court le Roy, comparont le Libell ove le Suggestion del partie, trovant le Suggestion faux, ou nient prove, & pur ceo le Cause destre tortiousment appel del Court Christien; donque, sur ceo Consultation ou Deliberation, [...] s decree ceo destr̄ returne arere; sur que le Brief en ceo case obtaine est appel un Consultation. De ceo vous poyes lier le Regist. Orig. fo. 44. jesque fol. 58. Vet. Nat. Br. fo. 32. & F. N. B. fol. 50.
Contenement.
COntenement semble destre le Franktenemēt terre q̄ gist al Tenemēt ou Meason q̄ est en son occupatiō demesne: car en Magna Charta, cap. 14. la sont ceux parols; Un Frank home ne serra amercie pur un petit offence, mes accordant al quantitie del offence, & pur un petit offence, mes accordant al manner de ceo, savant a luy son Contenement ou Franktenement: Et un Merchant serra auxy amercy, savant a luy ses Merchandizes; & un Villein, savant a luy son Gainage.
Continual Claime.
COntinual claime est, lou home ad droit de enter en certain terres dont un aut' est seisie en Fee, ou Fee-taile, & il ne osast enter pur pavour de mort ou batterie, mes approche cy pres come il osast, & fait Claime a ceo deins le an & jour devant le mort de cestuy que ad le terre; si apres cestuy que ad le terre devie seisie, & son Heire est eins per discent, uncore cestuy que fait tiel Claime poit enter sur le Heire, nient contristeant tiel discent, p̄ ceo q̄ il ad fait tiel Continual claime. Mes il covient que cest Claime touts [Page 192] foits soit fait deins l' an & jour devant le mort le Tenant; car si tiel Tenant ne morust seisie deins l' an & jour apres tiel [...] Claime fait, & uncore il que ad droit nosast enter, donques covient al cestuy que ad tiel droit de faire auter Claime deins l' an & jour apres l'primer Claim̄, & apres tiel second Claime, de faire le tierce Claime deins l' an & jour, si il voit este sure de saver son Entry.
Mes si le Disseisor devie seisie deins l' an & jour apres le Disseisin, & nul Claime fait, donques le Entrie le Disseisee est tolle, car l' an & jour ne serra prise de le temps del title de Entrie a luy accrue, mes solem̄t de le temps del darrain̄ Claime ꝑ luy fait, come est avantdit. Veies pluis de c'en Littl. l. 3. c. 7. & veies le Stat. 32 H. 8. cap. 33.
Continuance.
COntinuance en le Common Ley est de mesme signification ove Prorogation en le Civile; come Continuance jesq̄ le ꝓcheine, Assise, F. N. B. 154. f. & 244. d. ē queux ambideux lieus il est dit, Que si un Record en le Treasurie soit alledge ꝑ l'un party, & denie ꝑ lautēr, un Certiorari serra sue al Treasurer & le Chamberleine de [Page 193] Exchequer; & sils ne certifie pas en le Chancerie que tiel Record est la, ou que est semblable destre en le Tower, le Roy mittera al Justices, recitant le dit Certificate, & commandant eux de continue [...] le Assise. En ceo signification est auxy use per Kitchen. 202. & 199. auxy An. 11 H. 6. cap. 4.
Contract.
COntract est ū Bargain ou Covenant perent' deux parties, lou un chose est done pur auter, que est appel Quid pro quo; come si jeo vende mon Chival pur argent, ou si jeo covenant de fair Lease a vous de mon Mannor de Dale, en consideration de xx. l. q̄ vous dones a moy, ceux sont bone Contracts, pur ceo q̄ il ad un chose pur auter. Mes si un home fait ꝓmise a moy, q̄ jeo avera xx. s. & q̄ il voile este dettour a moy de ceo, & puis jeo demande xx. s. & il ne voyle a moy deliver; uncore jeo navera jam̄es Action pur recover cest xx. s. pur ceo que cest Promise ne fuit Contract, mes nudum Pactum, & Ex nudo Pacto non oritur Actio. Mes si ascun chose fuit done pur le xx. s. mesque il fuit forsque al value [...] un denier, donques il fuit bone Contract.
Contra formam Collationis.
COntra formam Collationis est un Brief q̄ gist lou home done Terres en perpetual Almoigne a ascun Meason de Religion, come a un Abbe & la Covent, ou auter Soveraigne, ou al Gardien ou Master de ascun Hospital & sont Covent, de trover certain pover hime, & de faire aut' Divine service; fils alien̄ les Terres, donq̄s le Donor ou ses heires averont le dit Brief p̄ recover le Terre. Mes cest Brief serra touts foits port vers le Abbot ou sō successor, & nemy vers l'Alience, com̄t que il soit Tenant: mes en touts auters Actions lou hōe demand Franktenement, le Brief serra port vers le Tenant del Terre. Vide le Stat. West. 2. cap. 41.
Contra formam Feoffamenti.
COntra formam Feoffamenti est un Brief q̄ gist lou un hom̄ devant le Statute de Quia emptores terrarum, fait 18 Ed. 1. infeoffe aut' ꝑ fait de faire certain Service; si le Feoffor ou ses heires distrain luy de faire auter Service que est comprise en le Fait, donques le Tenant avera cest [Page 195] Br̄e, luy commandant que il ne distrain luy de fair̄ auter Service que nest comprise deins le Fait. Mes cest Brief ne gist pur le Plaintiff que claim per purchase del primer Feoffee, mes pur le Heire al primer Feoffee.
Contributione facienda.
COntributione facienda est un Brief, & gist lou sont divers Parceners, & celuy que ad le part del eigne fait tout le suit al Seigniour, les auters doyent faire Contribution a luy, & sils ne voylent, il avera vers eux le dit Breve. En ascuns cases le Heire avera Contribution, & en auter nemy, mes serra solement charge: Car si home soit seisie de troys Acres de terre, & conust un Recognizance ou Statute, &c. & enfeoffe A. d'un Acre, & B. [...] un auter Acre, & le tierce discend a son Heire; si Execution soit sue solement vers le Heire, il ne avera Contribution vers Purchasor, uncore il est charge come Terre-tenant, & nemy come Heire; car le Terre, & nemy luy mesm̄, est lie.
Uncore si home soit seisie de deux Acres, l'un de nature de Borough-English, & lye luy mesm̄ come devant, & morust, ayant issue deux files, queux font partition; [Page 196] en cest case, si l' un soit charge, el avera Contribution; car sicome un Purchasor avera Contribution vers auters, & vers le Heire le Conusee auxy; issint un Heire avera Contribution vers auter Heire, car ils sont in aequ [...] li gradu. Auxy si home soit issint lie, & puis son mort asc' de son terre discend al Heir del part le pere, & ascun al Heire del part le mere, l'un solement ne serra charge, mes sil soit, il avera Contribution. En Dower, si le Tenant vouch le Heire en gard a troys several Seigniors, chescun serra owelmēt charge.
Si deux, quat', ou plusors homes soyēt severalm̄t se [...] sie [...] Terre, & ils touts joyn̄ ē un Recognisance; en cest case le Conusee ne poit extend le Terre del asc' des Conusors solement, mes touts doient owelment estre charge: car com̄t que le Terre del Conusor mesme poit este solement extend q̄nt divers hōes ont purchase ascun del Terre subject al Recognisance, pur ceo q̄ le Purchasor est en auter degree [...] ue le Conusor mesme; uncore un de les Conusors ne serra solement charge, car il estoyt en owel degree ove les auters Conusors. Auxy le terrenant d'un Debtor sur un extent avera contribution de l'heir del Debtor, quel veies 1 Cro. Eyer [Page 197] versus Taunton. Si Judgment soit done vers deux Disseisors en Assise pur le Terre & damages, & lun Disseisor morust, l' Execut' ne serra agard vers le surviving Disse [...] sor que fuit party al tort, mes cybien le Heir come le Disseisor serra owelment charge. Mes auterment est en personal lien; cōe si 2 sont lie en ū Obligat', la le charge survivera
Et ou est dit, que l' un Purchasor avera Contribution, nest per ceo entend, q̄ les auters doneront ou alloweront a luy ascun chose ꝑ voy de Contribution; mes doit estre entend, q̄ le ꝑtie q̄ est solem̄t extend ꝑ tout poit per Audita querela, ou Scire facias, come le case require, defeat le Execution, & per ceo serra restore a touts les mesne ꝑfits, & chaser le Conusee de suer Execution de tout le Terre: issint en cest manner chesc' serr̄ contributorie, cestascavoire, le Terre de chesc' Terre-tenant serra owelment extend.
Convocation.
COnvocation est communement prise pur le Assembly de Clerks p̄ consult' [...] choses Ecclesiastical ē tēps de Parlem̄t: Et sicōe la sont deux Measons de Parlement, issint la sont deux lieus appel Measons de Convocation l' ū [Page 198] appel le pluis Alt Meason [...] Cnvocation, ou les Archiovesq̄s & Evesques sedont, severalment per eux mesm̄s; laut' l'Inferior Meason de Cō vocation, ou tout le residue des Clerks sedot. V. Prolocutor.
Conusance.
COnusance de Plee est un Priviledge que un Citie ou ville ad per grant le Roy, de ten̄ Plee de touts Contracts, & des Terres deins le precinct del Franchise, & q̄ quant ascū home est impleade p̄ asc̄ tiel chose en le Court le Roy al westmin', les Maiors ou Bayliffs de tiels Franchises, ou lour Attornies, poient demander Conusance del Plee, cestascovoir̄, que le Plee & le matter serra plead & determine devant eux.
Mes si le Court al Westminster soit loyalment seisie del Plee devant que Conusance soit demand, donques ils ne averont Conusance pur cest Suit, p̄ c̄ que ils ont neglige lour temps [...] deman [...] c̄: mes cest ne serra barre al eux [...] aver Conusāce ē aut' Action; car ils poyent demand Conusance en un Action, & omit ceo ē un auter, a lour pleasure.
Et notes, que Conusance ne gist en Prescription mes il covient monstre Letters Patents le Roy pur ceo.
Copyhold.
COpyhold est un Tenure pur quel le Tenant ad riens a monstre forsq̄ les Copies des Rolles fait ꝑ le Seneschal del Court son Sn̄r: Car le Seneschal, sicome il enroll' touts aut's choses faits en le Court le Sn̄r, issint il auxy fait tiels Tenants q̄ sont admitte ē le Court a asc' parcel de Tr̄e ou Tenements apperteynant al Manor; & le Transcript [...] c̄ est appel Court-Roll, le Copie de q̄ le Tenant prist de luy, & detinet cōe son sole Evidēce. Co. li. 4. fol. 25. Cest Tenure est appel Base tenure, p̄ ceo q̄ tient al volunt le Sn̄r. Kitchen, fol. 80. Fith. Nat. Brev. fol. b. c. que dit, q̄ fuit accustome destre appel Tenure en Villenage, & que cest Copyhold nest forsque un novel nosme. Uncore nest meerement al volunt le Sn̄r, mes accordant al Custome del Manor; issint q̄ si un Copyholder ne pas infreint le Custome del Manor, & ꝑ se forfeit son Tenure, ne semble tant destoyar al volunt son Sn̄r pur son droit, cōe destre dislieu quant a luy pleist. Les Customes [Page 200] đ Manors sont infinite variant en un point ou auter fere en chesc' several Manor.
Primerm̄t, ascun Copyhold est fineable, & ascun certain. Ceo q̄ est fineable le Seign̄r assesse a quel Fine q̄ il voyle, quant le Tenant est a ceo admit: ceo q̄ est certain est un sort đ enheritance, & appel ē plusors lieus Customary, p̄ c̄ q̄ le Tenant morant, & le Tenure esteant void, le ꝓchein du sangue, payāt le customary Fine, ne polt estr̄ denie destre admit.
Secondm̄t, asc' Copyholders ont per Custome les Boys crescant sur lour t're demesn̄, quel per le Ley ils ne poyent aver.
Tiercement, la sont Copyholders que tient ꝑ le Verge en Ancient demesne, & nient obstant ils tient per Copy, uncore ils sont en nature de Franktenants; car si tiel home fait Felony, le Roy ad an, jour, & vast, come en case de Franktenemēt Ascun aut's tient per Common Tenure, appell mere Copyhold, & sils commit Felony, lour terre jammes escheatera al Sn̄r del Manor.
West. part. 1. l. 2. sect. 646. issint define un Copyholder; Tenant per Copy de Courtroll est celuy q̄ est admit Tenant đ ascun Tr̄es ou Tenements deins un Manor, que temps ouster le memorie du home, ꝑ use & custom del dir [Page 201] Manor, ont este dimisable as tiels q̄ p̄nderōt mesme ē fee, fee-taile, p̄ vie, ans, ou a volunt, accordant al Custome del dit Manor, per copy de Court roll.
Coraage.
COraage est un Imposition nient ordinary, foundue sur asc' nient usual chose & semble destre de certain Measures de Grain. [...] ract. l. 2. c. 16. numb. 6. use ceux parols, Corus tritici, destre ū measure [...] Graine; & ē mesme le Capit', num. 8. ad ceux parols: Sunt enim quaedam communes Praestationes, quae Servitia non dicuntur, nec de Consuetudine veniunt, nisi cum necessitas intervenerit, vel cum Rex venerit: sicut sunt Hidagia, Coraagia, & Caruagia, & alia plura de necessitate, & ex consensu communi totius▪ Regni introducta, & quae ad Dominum Feudi non pertinent; & de quibus nullus tenetur tenent' suum acquietare, nisi se ad hoc specialiter obligaverit in Charta sua.
Cordwayner.
COrdiner vel Cordwayner venust cel Francois Cordvannier, id est, Sutor calcearius, a Corti genere quod Cordovan apud Gallos nominat [...] r. Et est ū ꝑol mult use ē nostre [Page 202] Statutes, cōe ē 3 H 8. c. 10. & 5 H. 8. c. 7. & 1 Jac c. 22.
Cornage.
COrnage est un sort de Grand-Serjeanty, le Service [...] quel Tenure est, [...] vē tier ū Cornu quāt asc' Invasion des enemies del Pais Artiq̄ est discrie. Et [...] c̄ plusors kōes tiendront lour t're ē les ꝑts Septentrionals, environ le Pariet cōmunem̄t appel l' Pariet des Picts. Cam. Bri. p. 609.
Veies Littleton, fol. 35. ou dit, Que en le Marches de Escoce asc' teignont del Roy ꝑ Cornage, cestascovoir, per ventier ū Cornu, pur garner homes [...] Pais quant ils oyent que enemies veignont; quel Service est Grand Serjeanty.
Corodie.
COrodie est un All [...] wance de Meat, Pane, Boyer, Argent, Vestments, Lodging, & [...] iels choses necessary pur sustenāce. Ceo asc' soits est certain, ou le certainty des choses limit; asc' foits uncertain, lou nest l [...] mit certaintie que il aver.
Et asc' de eux commence [...] Graunt fait ꝑ asc' home al aut', & poet estre p̄ vie, ans, c taile ou fee: & asc̄ Corodies sont de cōmon droit, sicome [Page 203] chesc̄ Founder [...] Abbyes & aut's Measons [...] Religion Papistick avoyent authoritie [...] assigner ē mesme les son Pere, Frere, Cousin, ou aut' q̄ il voit, sil fuit un Meason de Moignes; & si il soit Founder del Meason de Nuns, donques ceo p̄ sa mere, Soer, ou aut' mulier: & touts jours cest proviso fuit, q̄ il q̄ ad Corodie ē un Meason de Moignes, ne duist mitter un feme de prender ceo, ne ou Corodie fuit due en un Nunnerie, la il ne fuit loyal [...] appointer un home de receiver ceo; car en ambideux cases tiel Presentation fuit destre reject. Et cest Corodie fuit due cybien a un Cōmon ꝑson Founder, sicome ou le Roy m̄ fuit Founder. Mes ou le Meafon fuit tenus en Frankalmoigne, la le Tenure m̄ fuit un discharge [...] Corodie encounter touts homes, sinon q̄ il fuit ap̄s charge voluntarlm̄t; cōe ou le Roy voit mitter son Br̄e al Abbey p̄ un Corodie p̄ un tiel, le que ils admit, la le Meason doit este charge ꝑ ceo a touts jours, si le Roy soit Founder ou nemy. Veies Brief de Corodio habendo en Fitzh. Nat. Brev. fol. 230.
Coroners.
COroner est un ancient Officer de trust, & de grand authority, ordeine destre un principal Cōservator ou gardian [...] le Peace, a port' record des Plees del Corone, & del son view demesne, & de divers aut's choses, &c. Et p̄ ceo en temps de Ed. 1. fuit enact q̄, Pur ceo q̄ petit gentes meins sages soyent eslieus ore [...] novei communem̄t al Office del Coroner, ou mestier serroit q̄ ꝑbes hōes, loyalx, & sages, se entermellant [...] cel Office; purview est Que ꝑ [...] outs les Counties soient eslieus sufficient hōes Coroners, [...] pluis loyalx & pluis sages Chivalers, q̄ mieulx sachant, puissent & voilent a cel Office entender, & q̄ loyalm̄t attachent & representent les Plees del Corone.
Et nient obstant le letter de cest Statute ne soit p̄cisement observe, uncor' al meins l' entent doit estre pursue cy pres come poit; issint q̄ pur le default des Chivalers & Gentlehomes, furnished ove tiels qualities sicōe le Statute parle, (de que ils y ad divers) auters poient este eslieu, ove cest addition, que ils soyent vertuous & bone Christians. Veies de ceo en le Br̄e de Coronatore eligendo, in Fitzh. N. B. fol. 163.
[Page 205] Quant le Coroner est d'enquirer del mort [...] ascun person, ou faire aut' chose concernant son Office, il doit ceo faire en person: & sur le subit mort' d' ascun, il mesme doit veyer le mort corps quāt il fait enquirie, ou auterment l' enquirie nest bone; car sil voile enquirer [...] ascun mort ꝑson sans luy veyer, cest sans authoritie, & issint void. Et si le corps soit enterre devant son venu, il doit ceo Recorder en ses Rolles, al entent q̄ le Ville ou l'enterrement fuist fait serra amerce pur ceo devant les Justices en Eyre, sur le view des Rolles del Coroner. Et nient meins le Coroner doit defover le corps hors [...] l terre, & prendre l'enquirie sur view del corps, come il ferroit sil navoit este enterre: & la ville serra aux' amerce, sils suffront luy giser sur la terre a putrefaction ou grand ordeur, sans mander al Coroner. Et si le Coroner soit negligent en venir a faire son office, apres que les Bayliffs, ou homes de Pais ont mande p̄ luy, il serra punie.
Com̄t ꝑ le Ley q̄ Coroner ne puit enquirer [...] asc' Felonie, forsq̄ de mort de home; tamen ad este dit, que ē Northumberland ils enquiront de touts Felon̄; mes cel authoritie ils maintenont per Prescription. Si hōe foit occise ou merge ē les braches ou sauses [Page 206] del mere, lou home poit veier terre de un part & de auter, le Coroner enquirera de ceo, & nemy l' Admiral, pur ceo que le Pais poit bien de ceo aver conusance.
Mes le Coroner del hostel le Roy ad un exempt jurisdiction deins le Veirge, & le Coroner del Countie ne poit entermeddle deins c̄; sicome le Coroner del hostel ne poit entermeddle deins le Countie hors del Vierge.
Si le Demandant ou Plaintiff soit non-sute, ou si Judgem̄t soit done vers le Tenant ou Defendant, ou semblables, les Justices ne unques assesseront asc̄ Amerciamēt, mes le Clerks des Garrants fait Estreats de eux, & deliver eux aux Clerks de Assise deins chesc' Circuit, a deliver eux al Coroners en chesc̄ Countie, [...] afferer ou assesser l'Amerciamēts, p̄ ceo q̄ ils sont pense pluis indifferent, entant q̄ ils sont elect ꝑ tout le Countie.
Si un Approver dit, que il commence son Appeale devāt le Coroner ꝑ Dures, ceo serra trie ꝑ le Coroner; & si le Coroner ceo denie, l'Approver serra pendus. Per queux cases il appiert, q̄ le Ley done grand credance & authoritie al Coroners.
Corporation.
COrporation est ū chose ꝑmanent, q̄ poit avera succession: Et est un Assembly & joyning ensemble [...] divers en ū Fellowship, Fraternitie, & ment, de q̄ un est le Teste & principal, les aut's sont le Corps; & cest Teste & Corps joynt ensemble font le Corporation. Et de Corporations, asc̄ sont Spirituals, ascuns Temporals; & [...] Spirituals, asc̄ fueront Corporations de mort ꝑsons en Ley, & ascuns auterment; & asc̄ sont ꝑ authority del Roy solement, ascuns ont este [...] un mixt authoritie.
Et de ceux queux son Tē poral, ascuns sont per authoritie de Roy auxy, & ascuns per le Common Ley del Royalm.
Corporation Spiritual, & de mort persons en le Ley, est lou le Corporation consist [...] ū Abbe & Covent, queux ont lour commencem̄t del Roy, & le Pape, quant il y ad a faire cy.
Corporation Spiritual, & del able persons en Ley, est, lou le Corporation consist [...] un Dean & Chapter, Master del Colledge ou Hospital; & cest Corporation ad com̄encemēt de Roy solement.
Corporation Temporal per le Roy est un Mayor & Com̄unaltie.
[Page 208] Corporation Temporal ꝑ authoritie del Common Ley est le Assembly en Parliament, le quel consist del Roy, le Teste del Corporation; les Seigniours Spirituals & Temporals, & les Commons del Royalm, le Corps del Corporation.
Corps politique.
COrps politi (que) sont Evesq̄s, Abbes, Priors, Deans, Parsons d'un Esglise, & tiels semblables, queux ont succession en un ꝑson solem̄t.
Si terre soit done al Maior & Communaltie p̄ lour vies, ils ont Estate ꝑ entendment nient determinable. Issint est si Feoffm̄t soit fait de terre al Deane & Chapter, sans parlance de Successors. Release d'un Maior p̄ ascun summe de argent due al Corporation en son nosme demesne nest bone en Ley. En case de un sole Corporation, ou Corps politique come Evesque, Parson, Vicar, Master [...] Hospital, &c. nul Chattel ou en Action ou possession alera en succession, mes les Executors ou Administrators del Evesq̄, Parson, &c. eux avera; car Succession ē corps politiq̄ est cōe enheritance en case d'un corps private. Mes auterm̄t est en case [...] un Corporation aggregate de plusors, come Deane & Chapter, Maior & Com̄unaltie, [Page 209] & semblables; car la ils ē judgment del Ley ne unques deviont.
Uncor̄ le case del Chāberlain [...] Londres differt [...] touts ceux, & son Successor poit ē sō nosme demesne aver Execution [...] un Recognisance conust a son Predecessor p̄ Orphanage money: & le reason est, p̄ ceo q̄ ē cest case le Corporarion del Chamberlain est per Custome, & m̄ le Custom q̄ ad luy create, & fait ū Corporation ē Succession quāt al dit special purpose concernāt Orphanage, ad enable le Successor a p̄nder tiels Recognisances, Ob [...] igations, &c. que sont faits a son Predecessor. Et tiel Custome est foundue sur grand reason; car les Executors ou Administrators del Chamberlain ne doient ent'meddle ove tiels Recognisances, Obligations, &c. queux ꝑ le dit Custome sont prise ē le corporate capacity del Chamberlain, & nemy ē son private. Mes Evesque, Parson, &c. ou asc' sole Corporation, q̄ sont Corps politique ꝑ p̄scription ne poyent prender Recognisance ou Obligation, mes solem̄t a lour private, & nemy ē lour politique capacity; car la fault Custome a prender Chattel en lour politique o [...] corporate capacitie.
Corpus cum Causa, vel Habeas Corpus.
COrpus cum Causa est un Brief issuant hors del Chancery, a remover tant le corps q̄ le Record del Cause [...] ascun home en Execution sur Judgement pur Dett, en Banque le Roy, &c. cy remaner don (que) il ad satisfie le Judgement. Fitzh. Nat. Brev. fol. 251. e.
Ceo gist auxi a remover un accō hors des inferior Courts de Record en ascuns Court del ley en Westm.
Corruption de Sanke.
COrruption de Sanke est, quant asc' est attaint de Felony ou Treason, donques son Sanke est dit destr̄ corrupt; ꝑ reason de quel ses enfants, ne asc' [...] son sanke, ne poient estre heires a luy, ne al ascun auter Ancestor, pur ceo q̄ ils doyent claime per luy. Et sil fuit Noble ou Gentlehome devant, il & touts ses enfants ꝑ ceo sont faits ignoble & ungentle, ayant regard al Nobilitie ou Gentrie ils claime ꝑ lour pere, q̄ ne poit este fait sane arere ꝑ Grant le Roy sans authoritie [...] Parliament.
[Page 211] Mes si le Roy voile pardon l'offendor, il voile purger le Corruption del Sanke des tiels issues queux sont nee puis le Pardon, & ils poyent inherit le terre de lour Ancestor purchase al temps del Pardon, ou apres; mes issint ne poyent ils queux fueront nee devant le Pardon. Auxy il q̄ est attaint de Treason ou Felonie ne serra heir a son pere: mes cest disabilitie estoppera auters destre son heire, issint que durant son vie le terre potius eschetera al Seigniour del Fee, que discen [...] al auter
Mes si il que est attaint morust sans issue de son corps, durant le vie son Ancestor, donque son puisne Frete, Soer, ou Cousin inheritera: car si leigne fits soit pendus, ou abjure le Terre p̄ Felonie, durant le vie le Pere il nest impedim̄t mes que le puisn̄ fits puit inheriter. 27 Ed. 3. c. 77. Et sil que est attaint de Treason ou Felonie en le vle de son Ancestor, purchase le Pardon le Roy devant le mort son Ancestor, uncore il ne serra heire al dit Ancestor, mes la Terre potius eschetera al Seigniour del Fee per le Corruption del sanke, 26 Ass. placit. 2. Mes si leigne fits soit Clerk convict en le vie son Pere, & puis son Pere morust; en cest case il inheritera la Terre son Pere, pur ceo que il ne fuit attaint de [Page 212] Felonie; car ꝑ le Common Ley il serroit inherit puis q̄ il ad fait son Purgation. Et jammes per le Stat. de 18 Eliz. cap. 6. il serra subit enlarge puis le arser en le maiue, & deliver hors de prison, & nient commit al Ordinary a fair son Purgation; mes il est en mesme plite come il ad fait son Purgation.
Si home que ad Terre en droit la feme ad issue, & son Sank est corrupt per Attainder de Felony, & le Roy luy pardon; en cest case, si le feme morust devant luy, il ne serra Tenant per le curtesie, pur le Corruption del sank de cel issue. Mes auterment est sil ad issue puis le Pardon; car donque il serra Tenant, nient obstant que le issue que il avoit devant le Pardon ne soit inheritable. 13 H. 7. c. 17.
Si home seisie de Terre ad issue deux fits, & leigne est attaint en le vie son Pere de Felonie, & pur ceo execute, ou auterment morust durant le vie de son pere, & puis le pere morust seisie; le Terre discendra al puisne fits, come Heire a son pere, si leigne fits nad issue donques en vie. Mes si le eigne fits, que fuit attaint, ad ascun issue en vie, que inheritera mes pur le attainder; le Terre escheatera al Seigniour, [Page 213] & ne discendera al puisue frere, pur ceo que le Sank del eigne frere est corrupt, 32 H. 8. Dy. 48.
Mes est destre observe, Que la sont ascuns choses fair Treason per Act de Parlement, de queux com̄t q̄ hōe soit attaint, uncore son Sanke nest corrupt, & il forfeitera riens, forsque ceo que il ad pur son vie demesne: Come si home soit attaint sur le Stat. de 5 Eliz. cap. 1. ordeigne envers le maintenance del authoritie del Evesque & See de Rome, ceo ne extendera a faire ascun Corruption de sanke, le disheritance dasc' Heire, forfeiture dasc' Dower, ne al ꝑjudice del droit ou title dasc' ꝑson, aut' q̄ le Offendor durāt son natural vie solement.
Issint si home soit attaint per force del Statute de 5 El. ca. 11. ꝓvide encounter le Clipping, washing, filing, & rounding de Argent, uncore la nest ascun Corruption de sanke. En m̄ le manner est del Stat. de 18 El. cap. 1. 1 Jac. cap. 12. 1 Mar. ca. 12. encounter illoyal assemblies; & 5 El. ca. 14. encounter le Forger de faits; & le Stat. de 31 Eliz. cap. 4. encounter le Embeasilling le Ordnance. Armour, & Artillerie le Roigne.
Corse present.
COrse present sont parols significant un Mortuarie; & le reason p̄ q̄ le Mortuarie est issint appel est, pur ceo q̄ ou un Mortuarie soloit destre due, le Corps del mieux des Avers fuit, solon (que) le Ley ou Custome, offer̄ ou present al Priestre. Veies an. 21. H. 8. c. 6. ou enter aut' choses est enact, Que nul Mortuary ne Corse present, ne ascun sum [...] argent ou auter chose, pur ascun Mortuarie ou Corse present, serra demaund, receive, ou ad, mes solement en tiels lieus & Villes ou Mortuaries ont estre accustome desire prise & pay.
Cosinage.
COsinage est un Brief q̄ gist lou mon Besayel, mon Tresayel, ou aut' Cousin, devie seisie in Fee-simple, & un Estranger abata, cest adire, ent' en les Tr̄es; donques jeo avera vers luy cest Brief, ou envers son Heire, ou son Alienee, ou envers q̄ cun (que) que aveign̄ apres a les dits T [...] rres. Mes si mon Ayel devie seisie, & un Estranger abate; donques jeo avera un Brief de Ayel. Mes si mon Pere, Mere, Frere, Soer, Uncle, ou Aunt, devie seisie, [Page 215] & un Estranger abata; donques jeo avera un Assise de Mortdancester.
Cottage.
COttage (Cotagium) est un petite Meason pur le habitation des povers homes, sans asc' Terre a ceo apꝑteinant, dōt mētion est fait en le prim̄t Stat. fait ē 4 E. 1. Et le inhabitant en tiel meason est appelle un Cottager. Mes ꝑ un Stat. fait en 31 le Roigne Eliz. ca. 7. nul hōe poit edifier tiel Cottage pur habitation, sinon q̄ il fait giser a ceo quat' acres de Terre de Franktenem̄t; except ē Cities & Market-Boroughs, ou deins un mille [...] l Mere, ou p̄ le habitation des Laborers en Mines, Sailers, Foresters, Pastors, &c.
Coucher.
COucher est un Factor que remain en asc' lieu ou Pais p̄ chivisance. An. 37 E. 3. c. 16. Il est auxy use p̄ le common Livre en que ascun Corporat' entrast lour particular Faits pur un perpetual register de eux.
Covenable.
COvenable est un ꝑol Francois q̄ signifie convenient ou suteable, come Covenably endowed, An. 4. H. 8. c. 12. Ceo est antiq̄mēt escri convenable, cōe ē le Stat. 27 Ed. 3. St. 2. c. 17.
Covenant.
COvenant est un Agreem̄t fait ꝑ Fait en escript, & ensele ꝑenter [...] eux persons, lou chesc' de eux est tenus al auter de performes certaine Covenants pur son part; & si lun de eux ne tient passe son Covenant, le auter [...] aera ent un Brief de Covenant.
Et Covenants sont ou en Ley, ou en Fait, Cok. lib. 4. fol. 80. ou Covenant expresse, & Covenant en Ley, Cok. lib. 6. fol. 17. Un Covenant en Ley est ceo q̄ le Ley entend destre fait, nient contresteant que en parols ne soit expresse: Cōe si home demise un chose al aut' p̄ un certain t'me, le Ley entende un Covenant del ꝑt le Lessor, que le Lessee tiendra tout son terme enconter tout loyal encumbrance. Covenant en Fait est ceo que expressement est agree ꝑenter les parties.
[Page 217] Auxy la est Covenāt meerm̄t ꝑsonal, & Covenāt real. Fitz. Nat. Brev. fol. 145. semble adire, que Covenant real est, ꝑ q̄ hōe luy oblige de passer un chose real, come Terres ou Tenements; sicome Covenāt d' levier un Fine de Tr̄e, Covenant meerment personal est, ou home covenant ove auter per fait, de edifier un meason, ou de server luy. Veies le veil Livre de Entries, verbo Covenant.
Mes nota bien, Que nal Br̄e de Covenant serra mainteinable sans especialty, sinon en le City de Londres, ou en ascun auter tiel liue privilege ꝑ custome & use.
Coverture.
COverture est, quāt un home & un feme sont espouse ensēble; ore asc' chose que est fait concernount la feme en le temps de le continuance [...] cest Marriage, est dit destre fait durant le Coverture, & le feme espouse est appel un Feme Covert, & ꝑ ceo disable [...] contracter ove ascun, al ꝑjudice d [...] sa mesm̄ ou sa baron, sans son consent ou privitie, al meins sans son allowance ou confirmation. Veies Brook cest Title. Et Bracton dit, Que touts choses q̄ sont la femes, sont le barons, nec ad la feme poyar de sa mesme, mes le baron, lib. 2. cap. 15. & [Page 218] que le baron est le teste sa feme, lib. 4. cap. 24. & arere, que en ascun Chose legal el ne poit responder sans sa baron, lib. 5. tract. 1. cap. 3. Et si le baron alien le Terre fa feme durant le Coverture, el ne poit ceo dedire ē le vie sa baron.
Covin.
COvin est un secret Assent determine en le les coeurs de deux ou plusors, al prejudice dun auter: Come si Tenant p̄ terme de vie, ou Tenant en le taile, secretm̄t conspire ove un auter, que lauter recovera vers le Tenant pur vie le Terre que il tient &c. en prejudice de celuy en le Reversion.
Ou si Executor ou Administrator ꝑmit Judgm̄ts [...] estre enter envers luy ꝑ fraud & plead eux al obligation, ou si ascun fraudulent assignm̄t ou conveiance soit fait, la party greive poet plead Covin & releive luy mesm̄. See the Stat. 2. R. 2. c. 3. 3 H. 7. c. 4. 13. El. c. 5. & 27 El. c. 4.
Count.
COunt est tant come l'original Declaratiō ē un Proces, uncor̄ pluis toft use ē real q̄ ꝑsonal Actiōs; come Declaratiō est pluis apply al ꝑsonal [Page 219] que real. F. N. B. 16. a 60. d. n. 71. a. 191. e. 217. a. Libel ove les Civilians comprehend ābidexu. Et uncor̄ Count & Declaration sont asc' foits confound; cōe Count en Det, Kit. 281. Count ou Declaration en Appeal, Pl. Cor. 78. Count en Trespas, Brit. c. 26. Count ē Action de Trn̄s sur le Case p̄ Slander, Kitch. 252. Conteurs ad este prise pur tiels queux home receive de ꝑler p̄ luy en asc' Court, come Advocates; & Pledeurs destr̄ un auter sort, come Artornies pur un que est present en ꝑson, mes souffre un auter a dire pur luy. Countours, ꝑ M. Horne, sont tiels Sergeāts erudite ē les Leyes, que servont les laye gents de defender lour Actions en Judicature pur lour fee.
Countee.
COuntee dicitur a comitando, quia comitantur Regem; & fuit le pluis eminēt & supreme dignitie del Conquest, jesque le unzisme an del Roy Ed. 3. ou le Black Prince fuit create Duke de Cornwal: & ceux q̄ de anciēt temps fuerōt create Coūtees, fueront de Sanke-Royal; & jes (que) a cest jour le Roy en touts ses appellations stile eux ꝑ le nosme Charissimi consanguinei nostri. Et p̄ ceux causes le Ley dōe a eux haut & grād [Page 220] Privileges; & pur ceo lour corps ne serra arrest p̄ Det, Trn̄s, &c. p̄ ceo q̄ le Ley entend q̄ ils assistont le Roy ove lour counsell p̄ le weale publique, & gardont le Royalm en safetie per lour prowesse & valour. Auxy pur mesme le cause ils ne serr̄ mise en Juries, coment q̄ ceo soit pur le service del Pais. Et si issue soit prise, si le Plaintiff ou Defendant soit un Countee ou nemy, ceo ne serra trie ꝑ Pais, mes ꝑ le Brief le Roy.
Auxy le Defendant navera jour de grace vers le Seigniour del Parliament, pur ceo que il est intend [...] attender le publique. Et [...] ancient temps le Countee fuist Praefectus, seu Praepositus Comitatus, & ad le charge & custodie del Countie: & ore le Viscount ad tout l'authoritie p̄ administration & execution de Justice que le Countee avoit, Cok. lib. 9. fol. 49. & p̄ ceo est appelle Viscount.
Countenance.
COuntenance semble destre use pur Credance ou Esteeme. Veil N. B. 111. in ceux ꝑols; L' Attaint serra grantus as povers hōes q̄ p̄ndront lour serem̄t que ils ont reins de q̄ ils poyent faire lour Fine, ouster lour Countenance. En mesm̄ le manner [Page 221] est use 1 Ed. 3. Stat. 2. cap. 4. en ceux ꝑols; Visconts chargeront le Dettors le Roy ove tant q̄ ils poyēt levier ove lour serem̄ts, sans abatement del Countenance des Dettors.
Countermand.
COuntermand est, quant chose execute per devant est apres per ascun act ou ceremony frustrate per le party que ad ceo primes fait. Come si home ad fait son darreine Volunt, per que il devise son Terre al J. S. & puls il enfeoffe auter home [...] mem̄ le Terre; ore ceo feoffm̄t est un Countermand al Volunt, & le Volunt quant al dispositiō del Terre est voide. Si feme seisie de Terre en fee fist sa volunt en escript, & per ceo devisa que si A. de B. luy survivera, donque el devise & bequeath a luy & a ses heires sa Terre, & apres el entermarrie ove le dit A. de B. ore, pur prisel de luy a baron & coverture al temps de sa mort, le Volunt est countermand.
Mes si un Baroness widow retaine deux Chapleins solonque le Statute, & prist un de Nobility a baron, & puis le baron mo rust, le Reteiner de ceux deux Chapleins remaine, & ils sans novel Reteiner poient prender deux Benefices; car lour Reteiner ne fuit determine ne [Page 222] countermand per tiel Marriage.
Si feme fist Lease a volunt, & puis prist baron, ceo Marriage nest Countermand al Lease, sans expresse matter fait per le baron apres le Marriage a determiner le Volunt. Auxy si Lease soit fait al feme a volunt, & el prist baron, le Lease continue nient obstant le Marriage, & il nest Countermand al ceo.
Counterplee.
COunterplee est, lou un port un Action, & le Tenant en son Respons & Plee vouch ou appel asc' home pur garrant son Title, ou prayer ayd de auter que ad melior Estate come de cestuy en la Reversion; ou si un estrange al Action vient & priera destre rescev' de saver son Estate; si le Demandant reply a ceo, & monstr̄ cause que il ne doit tiel home voucher, ou de tiel home aid aver, ou que tiel home ne doit este rescev' cest Plee est appel ū Counterplee al Voucher, Ayde, ou Resceit, come le case est. Mes quant le Voucher soit allow, & le Vouchee vient eius & demande quel chose le Tenant ad de luy voucher, & le Tenant monstr̄ son cause, & le Vouchee [Page 223] plede ascun matter de avoid le Garrantie; c̄ est appel Counterplee del Garrantie.
Countie.
COuntie est tant en significat' come Shire, ambideux continent un circuit ou portion del Royalm̄, en q̄ tout le terre est apporc', p̄ le mieux governance de c̄, & pluis facile administrat' de Just' issint q̄ la nest ascun ꝑt [...] l Royalm q̄ ne pas gist deins asc' County: & chesc' County est governe ꝑ un annual Officer, le quel nous appellomus Vic' q̄ ent' aut's duties apꝑteinant a son Office, mit en execut' touts les Mandats & Judgments des Courts l' Roy, q̄ux sōt destr̄ execute deins le circuit. Fort. ca. 24. De ceux Counties la sont 4. pluis observe q̄ auters, appel Countie Palatines; come Lancast. Chester, Durham, & Ely, an. 5 El. cap. 23. La fuit auxy le Countie Palat' de Hexam, an. 33 H. 8. cap. 10. mes de ceo quaere.
Countie Palat' est Jurisdiction de cy alt nature, q̄ ou touts Plees touchāt le vie ou maihē dū hōe, appel Plees [...] l Corone, sont usualment tenus & execute ē le nosm̄ le Roy, & ne poit estre fait en le nosm̄ dascun aut'; le primer Gardian de ceux, ꝑ especial [Page 224] Charter del Roy, en temps par devant mitteront hors touts Briefs en lour nosm̄ demesne, & fairont touts choses touchant Justice cy absolutement come le Roy mesme en aut's Counties, solem̄t conusant luy destre lour Superiour & Soveraigne Mes ꝑ le Statute de 27 H. 8. cap. 25. cest poyar fuit mult abridge, le q̄l veies, & Cro. Jurisdict. 137.
Ouster ceux deux sorts de Counties, la sont aux' Counties corporate, come appiert ꝑ le Statute de 3 Ed. 4. 5. & ceux sont ascun Cities ou veil Burghs del Terre, sur queux les Roys de cest Gent [...] nt don tiel Franchises extraordinaries; come Londres, Eborum, Chester, Gloucester, & plusors auters.
Countie en un auter signification est use p̄ le Countie Court que le Viscount tient chescun moys deins son libertie, ou per luy mesme ou ꝑ son Deputie. Veies p̄ ceo Dalton's Officium Vicecom'. De ceux Counties ou Shires la sont account destre 37 en Angleterre, ouster les 12 en Gales.
Court.
COurt est diversm̄t prise: asc̄ foits p̄ le Meason ou le Roy est p̄sent ove son ordinary attendants; & auxy le lieu ou Justice est judicialment ministre, [...] q̄ux vous poies trover 32 several sorts en Cromp. Jurisd. bien describe. Et de ceux le greinder sort sont Courts de Record; ascuns ne sont, & p̄c̄ esteem Base Courts en respect des auters.
Ouster ceux auxy la sont Courts Christein, issint appel p̄ c̄ q̄ ils treat choses especialment apꝑteln̄t al Christianisme, & tiels que sans boā science en Theologie ne poiēt estre pas bien decide; esieant tenus cydevant ꝑ Archievesq̄; & Evesq̄s, cōe [...] l Pape de Rome; mes ap̄s son ejectmēt ils tiendront eux ꝑ l' Authoritie le Roy, Virtute Magistratus sui, cōe l' Admiral [...] Angleterre tient son Court: sur q̄ ils ꝓceed, q̄ ils mittont hors lour Citations en lour nosmes demesne, & nemy en le nosme le Roy, come les Just, des Courts le Roy font; & p̄ c̄ com̄ l' Appeal de ceux Courts gisera al Rome, jamm̄s per le Stat. de 25 H. 8. cap. 19. il gist al Roy en son Chancery.
Court-baron.
COurt-Baron est ū Court q̄ chescun Sn̄r dun Man̄or ad deins son Precincts demesn̄. De c̄ Court & Court-Leet Kitch. ad escrie un Livre plein̄ de bon erudition. Cest Court, cōe semble ē Cok. l. 4. f. 26. est double: Et p̄ c̄ si home ayant un Man̄or en un Vil' granta le inheritance des touts les Copyholds a ceo apꝑtenants a un aut', ceo Grantee poit tener̄ un Court p̄ le customary Tenants, & accepter Surrenders al use [...] auters, & fair Admittances & Grants. L' auter Court est del Franktenants, q̄ est ꝓperm̄t appel le Court-Baron, en q̄ les Suitors, cest adire, les Franktenants, sont Judges; ou de aut' Court le Sn̄r ou son Seneschal est Judge.
Coutheutlaugh.
COutheutlaugh est celuy q̄ voluntarim̄t receive hōe utlage, & relieva ou cacha luy; ē quel case il fuit ē veil tēps liable al m̄ le punishmēt que le hōe utlage m̄ fuit. Br. l. 3. tra. 2. c. 13. n. 2. Il est compose [...] [...] outh, i. conus & utlaw, utlage, come nous [...] am̄es eux appellomus.
Cranage.
CRanage est un liberty p̄ user un Crane p̄ le extrair̄ des Wares ou biens hors dun Niefe, Bareau, ou Nassele, al ascun Creek ou Wharf, & de fair̄ benefit de c̄. Est use auxy p̄ les Deniers q̄ux sont prises p̄ ceo labor.
Creansor.
CReansor venust del Francois Cariance, id est, Persuasio; & signifie cestuy que confist auter ove ascun Det, soit c̄ en deniers, wares, ou auters choses. Ceo parol est use en le Veil N. B. en le Br̄e de Audita querela, fol. 66. a.
Creek.
CReek est c̄ ꝑt dun Havr̄ [...] quel asc' chose est discharge ou disburden hors del Mere. Et cest ꝑol est use en le Stat. 5. an del Roigne El. c. 5. & 4 H. 4. cap. 20. &c.
Croft.
CRoft est un petite Clause ou P [...] ghtle adjoynant al un Mease, use ou p̄ pastur̄ ou arable, come c̄ pleist le owner. [Page 228] Et semble destre derive del veux parol Creaft, id est, Handicraft, p̄ ceo que ceux terres sont p̄ le plus part manures ove le principal craft del owner.
Cucking-stool.
CUcking-stool est un Engin̄ invent pur le punishment des Scolds & inquiet femes; & suit appel en ancient tēps un Tumbrel, cōe appiert ꝑ Lamb. en son Eirenarch. l. 1. c. 12. Et ꝑ les cases & Judgement en Eire, en le temps E. 3. Pillory & Tumbrel sont appendant al un Leet, sans queux droit ne poit estr̄ sait as parties deins l' view. Keloway fol. 140. b.
Et en le Stat. 51 H. 3. ca. 6. ceo est appel Trebuchet.
Cui ante divortium.
CUi ante divortium est un Br̄ que gist quant Alienation est fait ꝑ le baron del Terre la feme, & puis Divorce est ew inter eux; donques la feme avera cest Brief, & le Brief dirra, Cui ipsa ante Divortium contradicere non potuit.
Cui in vita.
CUi in vita est un Br̄e que gist lou home est seisie [...] Terres en Fee-simple, Feetaile, ou pur vie, en droit sa feme, & aliena mesme le Terre & dev [...] e; donques el avera cest Brief pur recoverer la Terre.
Et nota, Que en cest Brief son Title doir estre monstre, si soit de purchase, ou inheritance le feme. Mes si le baron alien le droit sa feme, & le baron & la feme deviont, le Heire la feme avera un Brief de Sur cui in vita.
Cuinage.
CUinage. Veies Cuynage.
Cuntey.
CUntey cuntey est un kind [...] Trial, come appiert ꝑ Bract. en ceux parols; Negotium in hoc casu terminabitur per Cuntey cuntey, sicut inter Cohaeredes, l. 4. tr. 3. c. 18. Et arer ē m̄ le lieu; In Brevi de recto negotium terminabitur per Cuntey cuntey. Et tiercem̄t, l. 4. tr. 4. c. 2. Terminabitur negotium per Breve de recto, ubi nec Duellum, nec magna Assisa, [Page 230] sed per Cuntey cuntey omnino; le quel semble destr̄ tant come per l' ordinary Jury.
Curfew.
CUrfew viēt des deux parols Francois Courir, cover, & Feu, Fire. Est use ove nous p̄ un Peale vespre, ꝑ q̄ le Conqueror com̄and chesc' home de prender garnie p̄ le coverture de son Feu, & l' extinguishmēt de son Lumen: issint que en plusors lieus a cest jour un Campan̄ est usualment tinta prochein temps du Lect, il est dit de [...] inter Curfew.
Curia avisare vult.
CUria avisarē vult est un Deliberation q̄ le Court entēd prēdre sur asc' difficile point [...] un Cause, devant Judgm̄t soit resolve. Pur q̄l veies le Novel Livre de Entries, verbo Curia, &c.
Curia claudenda.
EST un breif ou action a compeller auter a fair un fence ou mure q̄ le def' doit fair ent' son terr' & la terr' del Plaintiff.
Currieur ou Courroieur.
COuroieur est un que dresse & liquor Cuir, & est issint appel del Francois parol Cuir, id est, Corium. Cest ꝑol Currier est frequent en touts les Statutes faits p̄ le bon feasance de Cuir, come en 1 Jac. cap. 22. &c.
Cursiter.
CUrsiter est un Officer ou Clerk apperteynant al Chancerie, que fait hors Original Briefs, 14 & 15 H. 8. cap. 8. Sont appel Clerks del Course ē le Serem̄t des Clerks del Chancerie, appoint an. 18 Ed. 3. Stat. 5. La sont de ceux vint quat', q̄ ont allotta a chescun [...] eux ascun Counties, en le quel ils font hors tiel Original Breves que iont per le subject require, & sont un Corporation int' eux mesmes.
Curtesie de Angleterre.
CUrtesie de Angleterre est, lou home prent feme seisie ē Fee-simple, ou Fee-tail general, on seisie cōe Heir de la taile special, & ad issue ꝑ la feme, male ou female; soit issue mort ou ē vie, si la feme devie, le baron tiendra le Tr̄e [Page 232] durāt sa vie, ꝑ la Ley [...] Angleter' Et est appel Tenant per le Curtesied' Angleterre, p̄ c̄ q̄ est use ē nul auter Royalme forsq̄ tātsolem̄t ē Angleterre. Si l [...] Enfant ne unques soit vise, donque la baron ne serra Tenant per le Curtesie; mes si le issue soit nee en vie, ceo suffist.
Si la feme soit deliver [...] un Monster, que nad le shape de homes, ceo nest pas Issue en Ley; Mes coment le issue ad ascun deformitie ou defect en le maine ou pee, & uncore ad humane shape, ceo suffist de faire le baron Tenant per le Curtesie. Et en ascun cases le Temps del nestre est material, & en ascun nemy. Pur ceo, si home prist feme Enheretrix, q̄ est grandment enseint per luy, & le issue est rippe hors [...] sa vē ter en vie; ore il ne serra Tenant per le Curtesie, car ceo doit commencer per le issue, & consummate per le mort la feme, & le Estate de Tenant per le Curtesie covient a toller le immediate discent. Mes si baron ad issue per sa feme, & puis Tr̄e discend al feme, soit le issue donque mort ou en vie, il serra Tenant per le Curtesie; car le temps del nestre del issue nest mat [...] rial si ceo soit en la vie sa seme.
Si Terres sont dones al seme & al heires males de sa corps, & el prist baron, [Page 233] & ad issue file, & morust; le baron ne serra Tenant per le Curtesie, car le issue ne poit ꝑ asc' possibilitie enherit' mesme les Tenements. Auxy come un feme alien, espousant ū subject [...] Roy, ne serra endowe; en mesme le manner un home alien ne serra Tenant per le Curtesie.
Auxy si home seisie de Tr̄e en droit sa feme soit attaint [...] Felony, ayant issue, & don (que) purchase le Pardon le Roy, & puis son seme morust; la il ne serra Tenant ꝑ le Curtesie: Mes sil ad issue per son feme nee puis le Pardon, en tiel case il serra.
Curtilage.
CUrtilage est un Garden, Yard, Camp, ou piece de vacant tr̄e gisant ꝓchein & apperteināt al Messuage, West. part. 2. sect. 26. Et issint est use 35 H. 8. c. 4. 37 Eliz. 2. Coke l. 6. fol. 64.
Customary Tenants.
CUstomary Tenants sont tiel Tenants que tient de la Custome del Man̄or, cōe lieur special Evidence.
Custome.
CUstome poit este define deē un Ley 'ou Droit nient escrie, q̄ esteant estable ꝑ veil use, & le consent de nostre Ancestors, ad este & jourem̄t mise en ure. Custome est ou general ou particular. General est ceo q̄ est approve ꝑ tout Angleterre, de queux vous poyes lier ē Doctor & Student, l. 1. c. 7. plusors fort digne destre conus. Particular est c̄ q̄ apꝑtient a ceo ou tiel Countie, cōe Gavelkind al Kent; ou a c̄ ou tiel Sn̄rie, Citie, ou Ville.
Custome differt del Prescription, p̄ ceo q̄ Custome est cōmon a plusors, & Prescription, ꝑ l' opinion [...] ascun, est particular a celou tiel home Auxy Prescription poit estre p̄ un pluis curt temps q̄ Custome, sc. pur cinque ans ou meins. Come si Fine soit duement levie [...] Tr̄es ou Tenements, & ne soit dedit deins cin (que) ans, c̄ est Barr̄ a chesc̄ Claime a touts jours.
Si home omitra son Continual claime pur un an & jour, don (que) le Tenant en possession prescribe ū Priviledge envers l' Entrie le Demandant & son Heire, Fitzh. Nat. Brev. 79. Hors de nostre Statutes vous poyes aver pluis grand diversitie: issint que ceo semble destre un voyer dit, Que [Page 235] Prescription est un Exceptiō foundue sur tant temps ale & passe que le Ley limita p̄ le pursuance [...] ascun Actlon. Un example poit este prise hors del Statute [...] 1 H. 8. c. 4. que enact, Que ē touts Actlons populars informatiō serra fait deins trois ans puls l' offence commi, auterm̄t destre de nul vigour.
Custome est auxy use p̄ le Tribute ou Toll que Merchants payont al Roy de porter eins & hors Merchandizes, 14 E. 3. Stat. 1. c. 21. En quel significatiō est appel Custuma en Latine, Reg. Orig. 129. a. 138. a.
Et de [...] erm̄t, p̄ tiels Services que Tenants de un Manor doiont a lour Sn̄r. Veiel livre [...] Entries, verb' Custome. Veies Consuetud. & Servitiis.
Custos Brevium.
Custos Brevium est le primer Clerk apperteinant al Court [...] Com̄on Pleas; ou Bank le Roy, l' office de quel est de receive & tener touts les Briefs & mitter eux sur Files, chescun Return ꝑ luy mesme, & al fine [...] chesc̄ Terme [...] receiver del Prothonotaries touts les Records de Nisiprius, appel le Postea. Le Custos Brevium aux' fait entrie des Br̄es [...] Covenant, & le Concord sur chesc' Fine, & fait hors Exemplifications [Page 236] & Transcripts de touts les Br̄es & Records en son Office, & de touts les Fines levie. Les Fines, puis q̄ ils sont engrosse, les parts de ceo sont divide ꝑent' le Custos Brevium & le Chirographer: [...] q̄ le Chirographer reteigna touts foits le Brief de Covenant & le Note; le Custos Brevium, reteina le Cōcord, & Pee del Fine, sur quel Pee le Chirograph' causa le Proclamations destre indorse quāt ils touts sont ꝑclaime.
Custos Rotulorum.
CUstos Rotulorum est celuy q̄ ad le Custody [...] s Rolls ou Records des Sessions del Peace, &, cōe ascuns semble, del Commission del Peace mesme, Lam. l. 4. c. 3. p. 373. Il est touts foits Justice del Peace & Quorum en le Countie ou il ad son Office; & ꝑ son Office il est piuistoft appel un Officer ou Minister, que un Judge, pur ceo que le Commission del Peace impose ceo especial Charge per expresse parols sur luy, Quod ad dies & loca predicta Brevia, Praecepta, Processus & Indictamenta praedicta coram te & dictis Sociis tuis venire facias.
Custos des Spiritualities.
CUstos des Spiritualties est celuy q̄ exercisa le Spiritual & Ecclesiastical Jurisdiction [...] ascun Diocesse durant le Vacancie del See; l'appointment de quel per le Ley Canon appertein̄ al Dean & Chapiter, Ne Sede vacante aliquid innovetur. Mes en Angleterre l' Archievesque del Province ad ceo per Prescription. Uncore plusors Deanes & Chapiters (come dit M. Gwyn en le Preface a son Lectures) demande ceo ꝑ veils Charters des Roys de cest Terre.
Cuynage.
CUynage est un parol use ē le Statute 11 H. 7. c. 4. p̄ le framer [...] Estaigne en tiel forme come solont [...] ceo framer, p̄ le pluis apt portage de ceo en auters lieus.
D. Dammage.
DAmmage est un part ꝑ ceo q̄ les Jurors sont đ enquir̄, donant lour Verdict, p̄ le Plaintiff ou Demandant en ū Action real ou ꝑsonal. Car puis le Verdict done sur le principal cause, ils sont auxy demaund lour consciences touchant Costs, queux sont les Expences del Suit, & Dammages, que cōtein le parde q̄ le Plaintiff ou Demandant ad susteine per cause del tort a luy fait ꝑ le Defendant ou Tenant.
Et entāt q̄ Justice & Reason vollont, q̄ quant le vie, le credit, les tres, les beins, le eorruption de son sanke, & tout ceo q̄ home ad a forfeit' ē cest monde, sont mise ē peril sans voyer cause, mes solem̄t sur le malicious Accusation dun aut' ꝑ Appeal, q̄ l'Appellee averoit satisfaction p̄ ceo envers son faux Accuser, & sil nad sufficient, donque vers luy ou ceux que luy abbetta ou procura de pursuer le Appeale: Pur ceo le Common Ley donast Dam̄ages al Defendant en un Appeal, & assigne a luy un meane pur le [Page 239] recoverie de eux, quant il fuist acquite del Felony, cōe est 48 Edw. 3 22. Mes entant que les Dam̄ages vers le Procurors & Abbettors fueront destre recover per Original Brief, cestascavoir, ꝑ Brief de Conspiracy, & nient auterment, que ne fuist cy curt remedie come le heinous degree del tort require, le Statute de Westminster le 2. An. 13. Ed. 1. cap. 12. pur le pluis subite redresse fuit ordaine.
Mes si le Defendant barre le Plaintiffe de son Appeale, donque il ne poit recover Dam̄ages ꝑ le dit Stat. envers le Plaintiff, forsque le Barre soit tiel q̄ acquite le Defend' [...] l Felonie. Et si le Defendant plead que le Appellant est ou Bastard, ou ad un Eigne frere, ou tiels Pleas en barre, & per eux barre le Plaintiff; uncore il ne recovera Dammages vers luy, pur ceo que le Defendant poit estre endite arere de mesme le Felonie, & attaint, nient obstant ascun de ceux Pleas; car per eux le innocencie del Defendant nest pas trie, & pur ceo il navera Dam̄age. 27 Ass. pla. 25. Mesme le ley est, si le Defendant barre le Appellant ꝑ Demurrer en Ley: Et issint est, si en Appeal del mort dū home le Defendant plead al issue, & est trove ꝑ Verdict que il occide le hōe en sō defence [Page 240] demesne, ou per Misadventure; en ceux cases il ne recovera Dam̄ages. Mes si le Defendant en Appeale ad le Release del Appellant, ou le Pardon le Roy, & voile eux waiver, & pled' Nient culpable, & est acquite; en cest case il recovera Dam̄ages.
Cest parol Damna est prise en la Ley en deux several significations; l'un properm̄t & generalment, l' auter relative & stricte. Properment, come est en cases ou Dam̄ages sont foundue sur le Stat. de 2 H. 4. cap. 1. & 8 H. 6. c. 9. ou Costs sont enclude deins cest parol Dam̄ages; car Damnum en son proper & general signification dicitur a demendo, cum Diminutione res deterior fit: & en cest sense Costs de Suit sont Dammages al Plaintiff, car per eux res sua diminuit'. Mes quant le Plaintiff monstr̄ le tort fait a luy a Dammage de tiel summe, ceo est destre prise relative pur le tort que est passe devant le Brief port, & sont assesse occasione Transgressionis praedict & ne poit extender al Costs del Suit que sont future, & d' un auter nature. Veies Co. l. 10. f. 116, 117.
Dammage fesant.
DAmmage fesant est, quant les Beasts de un estrang' sont en auters ter̄s, sans licēce del Ten̄t d' la tr̄e, & la mangeront, trea [...] ou auterment spoilont les blees, grasse, bois, ou tiels semblables: En quel case le Tenant que ils issint dammage poit pur ceo prender, distrain̄ & impound eux, cybien en le nuict come en le jour. Mes en auters cases, come pur Rent & Services, & tiels sembles, nul poit distrainer en le nuict.
Danegeld.
DAnegeld est quiet' esse de quodam Tributo q [...] quidē Dani levaverūt in Anglia: Auxy le Tribute mesme.
Ceo com̄ence primerment en tēps le Roy Etheldred, q̄l esteant en grand distress per le continual Invasion de les Danes, p̄ purchaser Paix, fuit compell' [...] charge son Pais & people ove grand Payments; car il primerm̄t done eux al cin (que) several paim̄ts 113000. li. & puis grant al eux 48000 li. annualment.
Darreine Presentment.
DArreine Presentment, Assise de ceo gist ou jeo ou mon ancestors ad p̄sent un Clerk al un Esglise, & puis, le Esglise esteant voyde ꝑ le mort del dit Clerke, ou auterment, un estranger present son Clerke al mesme Esglise en disturbance de moy. Et coment ceo est auterment use, veies Bract. lib. 5. tract. 2. Regist. orig. fol. 30. Si baron & feme present al Advowson en droit la feme, que est appendant al Man̄or la feme, & puis le baron alien un Acre, parcel de Man̄or, ove le Advowson en fee, a un estranger, & devie, & puis le estranger presenta, & puis alien le Acre a un auter en fee, savant le Advowson a luy mesme, & puis le Esglise voida; ore la feme presentera, & s'el soit disturbe, el avera Assise de Darreine Presentment; p̄ ceo que le Advowson suit sever del Acre. Mes si le Advowson fuit appendant. al Acre, donque covient al fem̄ a recover le Acre avant que el presentera al Advowson. F. N. B. 32.
Darreine Continuance.
EST quant Defendant ou Tenant pendant le suit plead novel matter fait post ultimam continuationem placiti. V. Thelwel. 361. & 2. Cr. 261
Dean & Chapter.
DEan & Chapter est un Corps corpor̄ Spiritual, cōsistāt [...] plusors able ꝑsons, come nosmem̄t de Deane (q̄ est principal) & ses Prebends, & ils ensemble font le Corporation. Et sicome cest Corporation poyēt joyntment purchase Terres & Tenements al use de lour Esglise & Successors; issint auxy chescun de eux severalment poit purchase al use de luy & ses heires.
Et sicome la sont deux Foundations [...] Esglises Cathedral ē Angleterre, le Veiel & l'Novel, (l'Novel sōt ceux queux le Roy Henry le huict, sur suppression [...] Abbies, transform̄ de Abbot, ou Prior & Covent, al Dean̄ & Chapter:) issint la sont deux means del Creation de ceux Deanes: car ceux del Veiel Foundation sont conferr̄ a lour Dignity semble al Evesques; le Roy primerment mittant hors son Conge desltire al Chapter, le Chapter [Page 244] donque esliant, le Roy rendāt son Royal assent, & l'Eves (que) luy confirmant, & donāt son Mandate de luy installer. Ceux del Novel Foūdatiō sōt ꝑ un voy pluis curt enstall' ꝑ les Letters Pat' del Roy, sans aut' Electiō ou Confirmatiō.
Cest parol est auxy apply aux divers q̄ sont les prim̄s de certain peculiar Esglises ou Chappels; come le Dean del Chappel del Roy, le Dean del Arches, le Dean del Chappel de S. George en Windsor, &c.
Debet & solet, Vide Custom & Prescription.
DEbet & solet sont parols use en le Veiel Natura Brevium, fol. 98. Le Brief de Secta molendini, esteant en le Debet & solet, est un Br̄e de Droit, &c. Et arrere, fol. 69. Un Brief de Quod permittat poit estr̄ plead en le County devant le Visc', & poit ēe en le Debet & solet, ou le Debet solement, come le Demandāt claim̄. Pur q̄ nota, Que ceux Br̄es q̄ sōt port ē tiel sort ont ceux ꝑolx ē eux, cōe formal parolx nient destre omit.
Et accordant al div [...] rsity del Case▪ le Debet & solet sont use, ou le Debet tentum. Cōe si hōe ꝑ Br̄e sue de recover̄ asc' droit de que son ancestor suist disꝑeꝑse [...] le Tenant ou [Page 245] son ancestor; don (que) il use solement le parol Debet en son Br̄e, & nest apt de user Solet, p̄ ceo q̄ son ancestor fuist disseise, & l' Usage discontinue: mes sil sue p̄ asc' chose que est primerment denie a luy, donque il ad ambideux ceux parols, Debet & solet; p̄ ceo que ses ancestors devant luy & luy mesme ont usualm̄t enjoy le chose p̄ q̄ il suist, cōe Suit al Molin, ou Com̄on de Pasture, jesque cest p̄sent refusal del Tenant. Reg. orig. fol. 144. a.
Debet & Detinet.
DEbet & Detinet: Mult poit estre dit [...] ceux parols que ad estre dit des ꝑols ꝓchein adevant. Come, si home soit oblige a un auter, & fait son Executor, & morust, & l'argent fuist due ē le temps del Testator, & apres l'Executor ceo ne renda pas; la l' Action port vers luy pur ceo serra ē le Detinet tantū: & issint en touts Actions port ꝑ Exec [...] tors come Executors, le Br̄e serra ē le Detinet tantum, com̄t̄ q̄ le dutie acrue en lour temps demesne, p̄ c̄ que le chose ou dammages recover serra Assets.
Mes si Lessee pur ans rendant Rent fait ses Executors, & morust, & le Rent incurre puis le mort del Testator; ore Action [...] Debt serra [Page 246] port en le Debet & Detinet: car quant Executor ou Administrator prist les Profits, rien serra Assets mes les Profits ouster le Rent. Come si le Terre vault dixe livers per an, & cinqúe livers est reserve; en cest case rien serra Assets forsque le cinque livers ouster le Rent, & pur ceo le Br̄e serra pur le Rent en le Debet & Detinet. Coke lib. 5. fol. 31.
Decem Tales.
DEcem Tales. Veies Tales.
Decies tantum.
DEcies tantum est un Brief q̄ gist lou ū Juror ē asc' Enquest prist argēt [...] un ꝑtie cu [...] aut', p̄ done son Verdict' donques il payera dixe foits a tant' q̄ il ad receive: & chescun que voile suer poit aver l'Action, & avera l'un moietie, & le Roy l'auter.
Mes si le Roy en tiel case release ꝑ son Pardon a tiel Juror, uncore ceo ne serra Barre ves cestuy que port l'Action q̄ recover l'aut' moietie, si non Action soit cōmēce devant le Pardon le Roy: mes si le Pardon soit devant asc' Action, il est Barre encounter touts gents.
[Page 247] Et mesme le ley est [...] touts Actions populars, lou un part est al Roy, l'auter al partie q̄ suera. Auxy les Embracers, que ꝑcuront tiels Enquests, serront punie en mesme le man̄er, & ils averont Imprisonment [...] un an. Mes nul Justice enquirera de ceo de Office, mes solement al Suit del partie.
Deciners.
DEciners sont tiels queux soloyent d'aver le survey & check de Dixe friburgs, p̄ le maintenance del Peace le Roy; & les Limits ou Circuit de lour Jurisdiction fuit appel Decenna. Bract. l. 3. tract. 2. c. 15. Aux'poyes lier Flet. l. 1. c. 27. & Reg. orig. fol. 68. b.
Ceux semble d'aver grand authoritie en le temps des Saxons, p̄ndant conusance de Causes deins lour Circuit, & reformant torts per voy de Judgem̄r, cōe poyes lier ē les Leyes del Roy Edw. publie ꝑ Lambert, num. 32. Auxy la est mention fait de ceux en Britton, b. 12. q̄ dit ē le ꝑson le Roy (come il escria tout son Livre) en tiel manner: Nous voillomus q̄ touts tiels que sont 14 ans d'age fairont serem̄t q̄ ils serront sufficient & loyal a Nous, & q̄ ils ne voilent estr̄ Larons, ne assentant a Larons, & q̄ touts soyent [Page 248] ꝓfesse destr̄ de c̄ ou tiel Dozeine, & fair ou offer Bail de lour Behaviour per ceux ou cels Deciners; exceptant Religious persons, Clerks, Chivalers, & lour eigne fits, & Femes. Uncore mesme le Author ē sō 29. Chap. ꝓchein al fine dit, Que touts al age [...] 12 ans & desuis sont punishable p̄ nient vener al Tourn de Visc', exceptant Countees, Prelates, Barons, Religious ꝑsons, & Femes.
Mesme le Ley est ou les Deciners font presentment, que un Laron est prise pur Larcinie, & deliver al Visc'. Et Kitchen hors del Regist. & Britton issint dit, Religious persons, Clerks, chivalers, ou Femes ne serront Deciners, fol. 33. Hors de quel poit estre collct, q̄ cest ꝑol riens auterm̄t implie mes tiel q̄ ꝑ son Serem̄t de Loyaltie a son Prince est settle ē le fraternitie ou society dun Dozeine, car nest usual a cest jour [...] trover Suretie issint a fair̄. Et jam̄es un Dozeine semble [...] exten [...] cy tant cōe le Leet extenda, p̄ ceo q̄ ē Leets solem̄t cest Serm̄t est administer ꝑ le Seneschal, & prise ꝑ tiels q̄ sont [...] age [...] 12 ans & desuis resident deins le compass del Leet ou ils sont jurus. Fitzh. Nat. Brev. 161. a. Les particulars de cest Serement poyes lier ē Bract. l. 3. tract. 2. c. 1. num. ou il mitta eins quindixe ans pour l' age de [Page 259] ceux q̄ sont jurus al Peace le Roy; mes l. 3. tract. 2. c. 11. num. 5 il nosme douze ans. Vles Inlaugh.
Hors de queux premisses poit estre observe le diversity ꝑenter l'ancient & ceux de nr̄e temps ē cest point [...] Ley & Government, cybien p̄ le age [...] ceux q̄ sont destre jure, cōe aux' q̄ Deciner nest james use pur le primer home [...] un Dozeine, mes pur luy que est jure al Peace le Roy; & denierment, q̄ jammes la ne sont asc' Dozeines, forsque Leets; & q̄ nul home communem̄t done aut' Securitie p̄ gar [...] le Peace le Roy mes son Serem̄t demesne, & que pur c̄ nul respondera pur l'offence [...] un auter, mes chescun pur luy mesme.
Declaration.
DEclaration est un Monstrance en escript de le grief & complaint de le Demandāt ou Plaintif envers le Tenant ou Defendant, en q̄ il suppose [...] aver receive tort. Et cest Declaration doit estre plain & certain, pur ceo q̄ il impeach le Defendant, & auxy chose celuy a responder. Mes nota, que tiel Declaration fait ꝑ le Demandant vers le Tenant en Action real est ꝓperm̄t appel un Count.
[Page 250] Nota. Que le Count ou Declaration doit conteine Demonstration, Declaration, & Conclusion. Et en Demonstration sont conteynes troys choses, (cest adire) que se pleynte, envers que, & de quel chose. Et en le Declaration doit estre comprise, coment & en quel manner le cause del Action surdit enter les parties, & quant, & quel jour, an, & lieu, & a que l'Action serra done. Et en Perclose il doit averre & profer de prover son Suit, & monstr̄ les Dammages queux il susteine per le tort a luy fait.
De deoneranda pro rata portionis.
DE deoneranda, &c. est un Brief q̄ gist lou ū est distrein p̄ Rent, doit estre paia ꝑ auters proportionablement ove luy. Fitzh. Nat. Brev. fol. 234.
Dedimus potestatem
DEdimus potestatem est un Br̄e quel gist lou un hōe sua en le Court le Roy, ou est sue, & ne puit bien traveiler, donques il avera cest Br̄e direct a ascun Justice, ou aut' discreet ꝑson en le Pays, de doner a luy power pur admitte ascun p̄ son Atturny, ou [Page 251] [...] levie Fine, ou de prender son Confession, ou son Respons, ou auter Examination, cōe le matter require.
Defaut.
DEfaut est un Offence en omitting ceo que doit estre fair; & pluis com̄unement pris p̄ Non-apparence en Court a jour assigne. Br. lib. 5. tract. 3. & Fleta lib. 6. cap. 14.
Defamation.
DEfamation est quant home ꝑle Scandalous ꝑols de asc' auter hōe, Court de Justice, Magistracie, ou Title [...] t're: p̄ quel le partie serra punie accordant al nature & qualitie [...] son offence; ascun foits per Action sur le Case pur Slander, al Commō Ley, & auter foits en le Court Christian. Come si home contrive ascun Faux novels, & horribles & faux Messoinges de Prelates, Dukes, Counts, &c. donq̄ un Action De Scandalis Magnatum gisera vers luy per le Statute [...] 2 R. 2. cap. 5. & ceo esteant ꝑve, le partie offendant serra grievousment punie. Mes p̄ parols de Defamation vers un private home, la le partie grieve avera son Action sur le Case pur le Slander, [Page 252] & recovera en dammages accordant al qualitie del peche; en que le qualitie del person que est issint defam̄ est destre fort considre.
Mes pur Defamations determinable en le Court Christian, ils coviēt de aver trois incidēts: Prim̄mēt, coviēt concern̄ matt' meerm̄t Spiritual, & determinable ē le Ecclesiastical Court; come p̄ appell' luy Heriti (que) Schismati (que) Advouterer, Fornicator, &c. Secundem̄t, q̄ il concern̄ matt' meerm̄t Spiritual solement: car si tiel Defamation concern̄ ascun chose determinable al Common Ley, le Ecclesiastical Judge navera conusans de ceo: Come si un Divin̄ est destre present a un Benefice, & un (a defeater luy de ceo) dit al Patron, que il est un Heritique, ou un Bastard, ou que il est Excommenge, per q̄ le Patron refuse a presenter luy, & il parde son Preferment; il avera Action sur le Case pur ceux Defamations, tendant tiel fine. Auxy si feme soit oblige que el vivera continēt, ou si Lease soit fait a luy quamdiu casta vixerit; en ceux cases Incō tinēcie serr̄ trye ꝑ le Com̄on Ley. Tiercem̄t, com̄t q̄ tiel Defamation soit meerment & solement Spiritual, uncore cestuy que est defame ne poit suer la pur amends ou Dammages, mes le Suit covient [Page 253] estre solement pur punishment del peche, pro falute animae cestuy que issint offend.
Et quant al Slander de un Title al terre, fi A. dit q̄ B. ad droit en les Terres de C. per que C. est damnifie, don (que) il poit aver Action sur le Case, p̄ le Defamatiō de son Title, vers A. Et nient obstant q̄ B ad un colourable Title, uncore A. serra punie, entant q̄ il ad imprise sur luy notice del Ley, & intromit en un matr̄ q̄ ne luy pas concerna. Mes si home dit, q̄ il mesme ad droit al Terre de un auter; en cest case nul Action p̄ Defamation gist, nient obstant que il conust que son Title est faux, Coke lib. 4. fol. 18.
Defeisance.
DEfeisance est un Condition q̄ relate a un Fair, come a un Obligation, Recognisance, ou Statute, q̄ esteāt ꝑform ꝑ le Obligor ou Recognisor, le Act est disable & fait voide, sicōe sil ne unques pas ad este fait. Et la est nul Garranty, Recognisance, Rent-charge, Annuity, Covenant, Lease p̄ ans, use al Common Ley, ou tiels semblables, mes q̄ ils poyent ꝑ ū Defesance, fait ove le mutual consent de touts ceux q̄ sueront ꝑties a le creation de [Page 254] eux, ꝑ Fait estre adnul, discharge, & defeat. Et le differēce ꝑent' ū Proviso ou Cō dition en fait & un Defeasance est ē c̄, Que le Proviso ou Condition est annexe ou ensert ē le Fait ou Grant; ou un Defeasance est usualment un Fait ꝑ luy m̄ conclude & agree ꝑent' les ꝑties, & ayant relation a un auter Fait.
Et pur ceo si le Condition de un Obligation soit repugnant al Fait, l' Condition est void, & l' Obligation bone: Come si le Condition soit, que il ne suera Obligation, c̄ est void, auxy bien come est [...] un Feoffment, sur Condition que le Feoffee ne prendra my les Profits. Mes un Defeasance est un Grant q̄ est fait apres le Obligation, pur defeat' m̄ le Obligation; & c̄ est bon̄, com̄t que il soit repugnant, & issint nient semble a un cōdition, 21 H. 7. f. 24. b. Pur le forme & man̄er de Defeasances accordant al diversitie [...] l Case veies West. part. 1. Symb. lib. 2. sect. 230, 231, &c.
Defence.
DEfence est ceo que le Defendāt doit fair immediatemēt apres le Count ou Declaration fait, cest adire, que il defenda tout le Tort, Force & Dammage, lou & quant il devera; & donques [Page 255] de proceed ouster a son Plee, ou de imparler.
Et nota, que entant que il defend Tort & Force, il se excuse del Tort vers luy surmise, & fait se partie al Plee; & per tant que il defend les Dammages, il affirme le Plaintiff able destre respondue.
Et pur le residue del Defence, il accept le power del Court de oyer & determiner les Plees de cel matter. Car sil voil pleader al Jurisdiction, il doit omitter en son Defence les parols ( ou & quant il devera.) & sil voil' monstre asc' disabilitie en le Plaintiff, & demand Judgment si le partie serra respondue; donques il doit omitter le Defence del Dammage.
Defendant.
DEfendant est celuy que est sue en Action personel q̄ est appel Tenant en un Action real.
Defendemus.
DEfendemus est un usual parol en un Feoffment ou Donation, & ad cest force, q̄ il lia le Donor & ses Heires a defender le Donee, si ascun hōe endeavor de imposer asc' Servitude sur le chose done, [Page 256] auter que est contein en le Donation. Bract. lib. 2. cap. 16. nu. 10. Veies auxy warrantizabimus.
Defensor Fidei.
DEfendeur de la Foy est un peculiar Title don a Roy [...] Angeleterre ꝑ le Pape, come Catholicus a Roy [...] Espaigne, & Christianissimus a Roy [...] France. Il fuit primermēt don ꝑ Leo x. a Roy H. 8 p̄ escrivā vers Mart. Luther, en part del Esglise de Rome. Stow's Annals, p. 863.
Deforsour.
DEforsour est celuy que prevail & ject hors ove Force; que differt [...] un Disseisor, primerment en c̄, que hom̄ poit disseise un aut' sās Force, quel act est appel Simple Desseisin, Brit. cap. 33. Donque pur ceo q̄ hom̄ poit deforce un auter q̄ ne unques fuit en possession; come si plusors ont droit al Terres come common Heirs, & un tient eux hors, le Ley dit, q̄ il eux deforce, nient obstant q̄ il ne eux disseisa pas. Veiel N. B. fol. 118. Si Tenant en taile fait Feoffment en fee, ꝑ que le Feoffee est eins, & puis le Tenant en taile morust, & son issue suist Br̄e de Formedon envers le Feoffee; [Page 257] le Br̄e dirr̄, & auxy le Coū [...], &c. que le Feoffee a tort luy deforce, &c. com̄t q̄ il ne luy disseisa, pur ceo que il ent' en le vie le Tenant en tail, & le Heire ad nul present droi [...]. Littl [...]ton f. 138. Et un Deforsor differt de un Intrudor, p̄ ceo que un Deforsor tient hors le droit Heire, come avantdit: & home est fait un Intrudor ꝑ son tortious Entrie solement en Terres ou Tenements voide de un Possessor, Bract. lib. 4. c. 1.
Et pur ceo que Force & Forcible entrie en Terres est cy opposite al Peace & Justice del Royalm̄, & ū dishonour del Roy & son Corone, & le scandal de Ley, que ascun pers [...]n p [...]r nestre & serement oblige al ob [...]dience del Roy & ses Leyes, presumera de son authoritie per Force & fort main̄ đ resister eux a noideux, per violent Intrusion enl le Possession đ un auter devant le Ley ad deciđ son Title ea ceo; p̄ ceo divers Statutes on este faits p̄ le restraint & reformation de ceux Abuses; come, ent' auters, le Stat. de 5 R. 2. cap. 7. ou le Roy defend asc̄ Entrie en Terres ou Tenements; mes en case ou Entrie est done ꝓ le Ley, & donq̄ nemy ove fort main̄, ou ove multitude de gents, mes solem̄t en un peaceable manner▪ Veies plus de ceo [...] P [...]ul. de pac. Reg. f. 34. 35. &c.
Delegates.
SOnt Com̄issioners appoint ꝑ Letters Pat' a determiner Appeal sur choses testamentary ou matrimonial, en q̄ sentence fuit rendue.
Demaines.
DEmaines ou Demesnes, generalment a parler, sont touts les parts de asc' Man̄ q̄l ne sont en mains del Freeholders, com̄t soyent occupie ꝑ Tenant Copie [...] Court Rol', Lessees pur ans ou p̄ vie, cybien com̄ Ten̄ts a volūt. Et le reason que Copihold est accoūt Demesns est, p̄ ceo que ils q̄ sont Ten̄ts a ceo sont adjudge en Ley [...] aver nul auter Estate fors (que) al volūt del Sn̄r, issint que il est jamm̄s repute destre ē ū manner ē les mains le Sn̄r: uncore en comm̄ ꝑlāce il est usualm̄t appell Demesnes que nest ou free ou copie. Et cest parol Demesne est asc' soits use ē un pluis special signification, & est opposite al Frank-fee; sicome ceux Terres q̄ux fueront en l'possessiō [Page 259] de Ed. le Confessor sont appel Antient demesne, & touts auters sont appel Frank-fee, Kitch. fol. 98. & les Tenants q̄ tient asc' [...] ceux Terres sont appel Tenants en Ancient demesne, les auters Tenants en Frank-fee. Et nul com̄on ꝑson ad asc' Demesnes en le simple prisance del ꝑol, p̄ ceo que la nest asc̄ Terre mes depend mediatem̄t ou immediatem̄t del Corone, ceo est, de asc̄ Honor ou auter appertiēt al Corone; & nemy grant en fee al asc' inferior ꝑson; & p̄ c̄ quant un hōe en pledant voile enferre son Terre destre son Demesne, il dit, Que il est ou fuit seise de ceo ē son Demesne cōe de Fee, Littleton, fol. 3. ꝑ que appiert, q̄ nient obstāt son Terre soit a luy & ses Heirs a touts jours, uncore il nest voyer Demesne, mes dependant sur un Seignior paramount, & tiendrant ꝑ Service, ou Rent en lieu de Service, ou ꝑ Service & Rent ensemble.
Demaines, solonq̄ le common ꝑlance, sont solem̄t entend le principal Man̄or-place del Seignior, q̄ il & ses Ancestors ontewe de temps hors de memorie en lour maines demesne, ove touts edifices & measōs, prees, pastures, boys, terres eyrable, & tiels semblables ove ceo occupie.
Demand.
DEmand est vocabulum Artis, & si un release a ū auter touts Demands, ceo est (sicome Littl. fol. 117. a. dit) le pluis melior Release a luy a q̄ le Release est fait que il poit aver, & plus enurera a son advantage; car ꝑ c' non solem̄t touts Demands, mes aux' touts causes de Demands sōt release. Et sōt deux man̄s [...] Demands, cestascavoire, en Fait, & en Ley. En Fait, cōe en chescun Praecipe la est expresse Demand; & p̄ c̄ ē real Action il est appell Demandant, en ꝑsonal Plaintiff. En Ley, come chescun Entrie en Terre, Distresse p̄ Rent, Prisel ou seisure des biens, & semblable acts ē Pays, q̄ poient estr̄ fait sans asc' ꝑols ou demāds ē Ley. Sicōe Release de Suits est pluis large q̄ Release des Querels ou de Actions; issint Release des Demands est pluis large & beneficial q̄ asc' de eux, car ꝑ e'est release tout ceo q̄ ꝑ les auters est release, & pluis. Per Release de touts Demands, touts Franktenements & Enheritances executorie sont release: Per Release de touts Demands al Disseisor, le droit de Entrie en le terre, & tout q̄ est conteine deins ceo, est release: Per Release de touts Demands, touts [Page 261] Executions sont release: & cestuy que release touts Demands, exclude luy m̄ de touts Actions, Entries, & Seisures.
Lit. f. 170. teign̄, Que si Tenant en taile enfeoffe son Uncle, l'q̄l enfeoffe un aut' ē fee ove Garrantie; si apres le Feoffee per son Fait relessa a son uncle touts man̄ers [...] Demands, ꝑ tiel Release le Garrantie, que est Covenant real & executorie, est extinct: & le reason est, p̄ ceo que ꝑ Release des Demands touts les meanes & remedies, & les causes de eux, que ascun ad al tr̄es. tenem̄ts, biens, chattels, &c. sont extinct, & ꝑ consequence, le droit & interest m̄ al chose. Uncore Releas [...] touts Demands ne extend a tiels Br̄s per queux riens est demand, neque en Fait neque en Ley, mes gisont solement a reliever le Plaintiff per voy de Discharge, & nemy ꝑ voy [...] Demand; come Releas [...] tout Demands nest Barr̄ in Br̄e de Error de reverser un Utlagarie, & issint des semblables. Veies 18 Ed. 3. 59. Cok. lib. 8. fol. 153, 154.
Demandant.
DEmandant est celuy que sue ou complain̄ ē Action real p̄ Title de terre; & il est appel Plaintiff ē un Assise, & ē un Action ꝑsonal, p̄ Det, Trn̄s, Disceit, Detinue, & tiels semblables.
Demurrage.
EST dit le temps que un Neif gist idle en un port ou Harbour ou sur le mere en un calm.
Demurrer.
DEmurrer est, quant ascun Action est port, & le Defendant plead un Plee, a q̄ le plaintiff dit q̄ ne voile respon [...] , p̄ ceo que il n'est sufficient Plee en Ley; & le Defendant aver le contrarie, que il est sufficient Plee; & sur ceo ambideux mitteront le Cause al Judgm̄t del Court: que est appel un Demurrer, p̄ c o que ils ne vaont ouster en pleading, mes demurrer sur Judgement de cel point; & dicitur en Latine Records, Moratur in Lege.
Car en chesc' Action le difference consist ou en Fait, ou en Ley. Si en Fait, il est trie [Page 263] per le Pais: si en Ley, don (que) le matter est ou facile, ou dure & rare: si il soit facile, don (que) Judgement est immediatement done; mes qn̄t il est dure & en awrust, donque la est Demurrer fait, & temps prise ou de consider ouster sur c̄ ꝑ les Judges, [...] agreer si ils poyent, ou auterment ꝑ touts les Justic' [...] vener ensemble en le Exchequer-Chamber, &, sur oyer de ceo que les Sergeants dieront de ambideux parts, [...] adviser & determiner que est Ley; & ceo que est la conclude per eux estoyera firme, sans auter remedie.
Est auxy un Demurrer al Evidence done a un Jury sur Tryal [...] un issue, Plow. Com. 2. 3. Rast. Entr. 607.
Demy sanke, ou sangue.
DEmy sanke est, quant un home marie un feme, & ad issue per luy un fitz ou file, & le feme morust, & donques il prist un aut' feme, & ad ꝑ luy auxy un fitz ou file: Ore ceux fitz sont solonque un man̄er Freres, ou, come ils sont appells Demy-freres, ou Freres del demy sanke, cest adire, Freres per le part de Pere, pur ceo que ils ont ambideux un pere, & sont ambideux de son sangue, & nemy Freres ꝑ le part le Mere, ne de ascun sanke ou kinne cest [Page 264] voy: & pur ceo le un de eux ne po [...] t estre Heire al auter: ear il que voile claime come Heire al un per discent, doit esire de Entire sanke a luy de que il claime. En mesme le manner est, si [...] eme eyte divers issues per divers barons, qui Fratres uterini dicuntor.
Denariata terrae.
DEnariata terrae. Veies Fardingdeal.
Denelage.
DEneloge est le Ley que les Danes fesoient icy en [...] rgleterre, hors de q̄ & Mer [...] h [...] nlage & Wastsaxonlage Gulielme le Conqueror compose certain Ordinances desire observe ꝑ ses subjects.
Denizen.
DEnizen, ou Donaison, est, lou Alien nee devient le Subject le Roy, & obtain les Letters Patents le Roy pur injoy touts Priviledges come un home Anglois: mes si un soit fait Denizen, il payer̄ Customes & divers auters choses come Alien, come appiert per divers Sta [...] utes de ceo fait.
[Page 265] Il semble que Donaison est le voyer nosme, issint appel, pur ceo que son Legitimation est dona a luy; & nemy Denizen, come derive de Deins nee. Et le Ley est cy precise ē le feasans de Donaisons, que le Roy ne poit grant' al ascū auter a faire de Aliens nee Donaisons, il est ꝑ la Ley cy inseperablem̄t & individualm̄t an̄ex asō Royal Person; car le Ley esteem c' un hault Prerogative, a faire Aliens subjects del Royalme, & capable de Terres & Inheritances, come natural Subjects nee sont.
Et p̄ ceo le Stat. de 27 H. 8. c. 24. q̄ reunite plusors del pluis ancient Prerogatives & Regal Flowers del Coron̄, ne pas mention ascun authority de faire Letters de Donaisation destr̄ resume, pur c̄ q̄ asc' ne un (que) ceo claim̄ pas per asc' p̄text quecunque, il esteant cy hault point [...] Prerogative. Veies Co. lib. 7. Calvins Case.
Deodand.
DEodand est, quant ascun home ꝑ misfortune est occi [...] ꝑ un Chival, Charret, ou auter chose moveant ou aydant son mort; cel chose que est le cause de son mort, & que al temps de la misfortune mova, serra forfeit al Roy, & ceo est appel Deodand; [Page 266] & ceo perteine al Almon' le Roy, pur disposer en Almes & overs de charitie.
Mes il nest forfeit tanque le chose soit trove [...] Record, & pur ceo ils ne poyent este claime ꝑ Prescription: & le Jurie que trove ou present le mort per tiel misadventure, doient auxy trover & apprise le Deodand. Co. l. 5. f. 110.
Si un Chival percust un home, & puis le Owner vend le Chival, & donq̄ le partie q̄ fuit ꝑcusse morust del stroke; en ceo case le Chival serra forfeit come Deodand, nient obstant le vendition; car relation serra al stroke que fuit paravant le vendition. Plow. Com. fo. 260. b.
Departure de son Plee ou matter.
DEparture de son Plee ou matter est lō un hōe plede un Plee e [...] barr̄, & le Plaintiff reply a ceo, & il apres en son Rejoynder plede ou monstre auter matter, contrarie, ou nient pursuant a son primer Plee en barr̄; ceo est appel un Departure de son Barre. Come si home plead ū gen̄al Agreem̄t en barr̄, & en le Rejoynder il alledge un especial Agreement; ceo serra adjudge un Departure en Pleading. [Page 267] Issint en Trespasse, si le Defendant voil' pleader discent a luy, & le Plaintiff dit, que puis ceo le Defendant infeoffe luy, & le Defendant dit, que ceo Feoffment fuit sur Condition, pur le enfrien [...] de que il enter; ceo est Departure del Barre, car est novel chose. Veies Plow. Com. f. 7, & 8.
Departure en spite del Court.
DEparture en spite del Court est, quant le Tenant ou Defendant appeare al Action, & ad jour ouster en mesme le Terme, ou est demand apres, coment nul jour soit en mesme le Terme, sil ne appear̄, mes fait Default, cest un Departure en despite de Court, & pur ceo il serra condemne.
Et est destre observe, que Departure en despite del Court est touts soits del part del Tenant ou Defendant, & le Entry de ceo est, Quod praedictus A, licet solenniter exactus, non revenit, sed in contemptum Curiae recessit, & Defaltam fecit: & ceo est quant en judgement del Ley il est present en Court, & esteant demand, depart en despite del Court; ceo amount a un Barre en respect del Despight & Contempt al Court. Veies Co. l 8 f. 62.
Deprivation.
DEprivation est, quant un Abbe, Evesque, Parson, Vicar, Preben [...] . &c. est deprive ou depose de son Preferm̄t pur ascun chose en Fait ou en Ley. Come si un Miscreant ou Schismatique soit p̄sent, admit, & induct, la est bone cause de Deprivation: Issint si mere Lasius soit p̄ sent, admit, institute, & induct, uncore il serra deprive: ou fi l'Incumbent ad Plurality des Benefices; ou ne subscribe a les Articles de Religion, solonque l' Statute de 13 Eliz. cap. 12.
Per le Statute de 21 H. 8. cap. 13. est enact, Que si asc. person, ayont un Benefice ove Cura animarum del annuel value [...] huict livers ou ouster, accepta ou p̄ndra ascun aut' ove Cure des ames, & soit institute & induct en le possession de ceo; le prim̄ Benefice serra void, & le Incumbent en ceo case est ouste ou deprive ꝑ Cession. En q̄l case ne besoigne al Evesque a doner notice al Patron, p̄ ceo que le Deprivation est ꝑ Act [...] Parliam̄t, a que chescun est partie, & doit prender notice a son peril. Mes aut'ment est si le primer Esglise ne soit de annuel value de huict livers, car donq̄ ceo est voide merem̄nt ꝑ l' Ecclesiastical Ley. Veies Cok. lib. 4. f. 76. & lib. 7. 43. b.
Deputie.
DEputie est celuy que exercise en aut' droit, soit ceo Office ou asc' aut' chose: & son forfeiture ou misdemeanour causer̄ l' Officer, ou celuy q̄l Deputie il est, de ꝑder son Office. Mes ū ne poit faire son Deputie en touts cases, nisi le Graunt soit issint: sicome silsoit ove ceux ou tiels sēblables parolx, Exercendo per se, vel sufficientem Deputatum suum; ou si les parolx ouster, Per se, vel Deputatum suum, aut Deputat. Deputati, donq̄s il poit faire un Deputie, & son Deputie auxy poit faire ū Deput' aut'm̄t nemy. Cōe si l' Office de Parkership soit grant a un, il ne poit grant' ceo ouster a un auter, pur ceo q̄ est Office de trust & confidence, & ne serra forfeit. Et la est grand diversitie inter Deputie & Assignee [...] un Office: car un Assignee est person que ad estate ou interest en l' Office m̄, & fait touts choses ē son nosme demesne, p̄ que son Grantor ne respondera, si non que soit en especial cases; & un Deputie nad ascun Estate ou interest en l' Office, mes est forsque l' umbre del Officer, & fait touts choses en le nosme del Officer mesme, & rien en son nosme demesne, & pur que [Page 270] son Grantor respondera: & quant un Officer ad power a faire Assignes, il poit implicite saire Deputies, car, Cui licet quod majus est, non debet quod minus est non licere; & pur ceo quant Office est grant a un & a ses heires, per ceo il poit faire Assignes, & ꝑ consequence il poit faire Deputies.
Le Roy ꝑ ses Letters Patents com̄it al Vis' Custodiam Comitatus, sans expresse parols de faire Deputie; & uncore il poit faire un Southvisc', cestascavoire, son Deputie. Issint quant devant le Statute de Quia emptores terrarum, le Roy ou aut' Sn̄r ad done Terres a un Chivaler, a ten̄ de luy ꝑ Service de Chivalre, cest adire, [...] aler ove son Seign̄r (quant le Roy fait Voyage Royal a subduer ses enemies) pur 40 jours, bien & covenablement array p̄ le Guerre; ore il poit trover aut' able ꝑson; uncore ē l'un case il concerna le publi (que) Administration & execution del Justice ē temps de Peace; & ē l'aut' le publi (que) Defence [...] l Royalme ē temps de Guerre. Veies Coke l. 9. Le Countee de Salops Case.
Dereine.
DEreine ou Deraigne est prise en divers senses, & semble a vener del Francois Disarrayer, ceo est, confounder ou mitter hors [...] or [...] , ou aut'm̄t del Norman ꝑol Desrene, q̄ est le denial del ꝓꝑ fait [...] un home; & Lex Deraisnia fuist le Proof [...] un chose que ū denia destre fait ꝑ luy mesme, & son adversarie affirme, defeatant & confoundant le assertion de son adversarie, & monstrant ceo destre sans & envers reason ou ꝓbabilitie. Et ē nr̄e Ley il est variousm̄t ufe. Primerm̄t generalm̄t, de ꝓver; cōe, Dirationabit jus suum haeres propinquior, Glan. l. 2. c. 6. & il l. 4. c. 6. dit, Habeo probos homines qui hoc viderunt & audiverunt, & parati sunt hoc dirationare. En m̄ le mann̄ Bract. c̄ use, Habeo sufficientem Disratiocinationem & probat'.
Per le Statute de 31 H. 8. c. 1. Joyntenants & Tenants en common averont Ayde, al entent a deraigner le Garrantie paramount. Issint Plo. in Manxels Case fol. 7. b. ad cest Case, Si home ad Estate en fee ove Garrantie, & enfeoffe estranger ove Garrantie, & morust, & le Feoffee vouch son Heire; le Heire deraignera le primer Garrantie. Auxy cest parol est use quāt Religious homes waiva [Page 272] lour Orders & Professions: come en Kitch. fol. 152. b. si home fait Lease p̄ vie sur condition, q̄ si le Lessor devie sans issue, que donques le Lessee avera Fee, le Lessee enter en Religion, & puis le Lessor devie sans issue, & puis le Lessee est deraigne; il navera Fee, entant, q̄ al temps del Condition le Fee ne poit vest en luy.
De son tort demesne.
DE son tort demesne semble destr̄ certein ꝑols [...] form̄ ē un Actiō [...] Trespasse, usa ꝑ voy [...] Reply al Plee [...] l Defēdant: Cōe si A suist B ē un Action de Trespasse, B respōdue p̄ luy mesme, que il ad c' fait q̄ A appel Trespass ꝑ le commandm̄t [...] C son Master; A dit arere, q̄ B ad ceo fait de son tort demesne, sans ceo que C luy cōmanda modo & forma, &c.
Det.
DEt est un Brief que gist lou asc' summe [...] argēt est due a un ꝑ reason [...] Accompt, Bargain, Contract, Obligat', ou aut' Especialtie, a estre pay a asc' certain jour, le quel nest paya; donques il aver̄ cest Br̄e. Mes si asc' argent soit due a asc' Sn̄r ꝑ son Tenant p̄ asc̄ Rent-service, [Page 273] le Sn̄r ne unques avera Actiō de Det p̄ ceo, mes il faut distrein p̄ ceo. Auxy p̄ Rent-charge ou Rent-seck, quel home ad p̄ terme de son vie, en taile, ou en fee, il navera Action de Det cy longe come le Rent endure; mes ses Executors poyent aver un Action de Det p̄ les Arrerages due ē le vie lour Testator, ꝑ le Statute 32 H. 8. c. 37.
Pur Arrerages de Rent reserve sur ū Lease p̄ terme [...] ans, le lessor est a son election [...] aver Action de Det, ou pur distreiner: mes si le Lease soit determin̄, donques il ne distreinera ap̄s p̄ cel Rent, mes covient luy [...] aver un Action de Det p̄ les Arrerages.
Et nota, Que ꝑ le Ley del Realme Det est solemēt prise de surder sur asc' Contract ou Penaltie impose ꝑ asc' Statute ou paine, & nemy p̄ aut' offences, cōe en le Civil Ley, Debitum ex delicto.
Si home enter Taverne a boyer, & quant il ad boya, il de ala, & ne voet pay le Taverner; le Taverner navera Action de Trespasse vers luy pur son Entrie, me [...] avera Action de Det pur le Vine.
Si jeo deliver Drape a un Tailor a fai [...] e un Toge, si le price ne soit agree en certain devant, come bein jeo payera pur le feasance; [...] l navera vers moy un general Action de Det, mes un special Action [Page 274] ū Debt, & countera specialm̄t, & il serra mis al Jurie quant il deserve.
Mes si ū Tailor fait ū Bill, & il m̄ rate le feasance & les necessaries a ceo; il navera Action [...] Det p̄ ses values demesn̄, si non q̄ fuit issint especialm̄t agree; mes en tiel case il poit detein̄ le Garm̄t tanq̄ il soit satisfi [...] , cōe un Hostler poit le Chival do son Guest p̄ son viands. Cok. l [...] . 147.
Auxi det gist pur fines de Copyholds & p̄ amerciaments en Courts Leet, & Court Baron & sur agards & sur recoveries, en base Court ou Coverts de record.
Detinue.
DEtinue est un Br̄e q̄ gist vers luy, q̄ ayant biens & chattels deliver a luy de gar [...] , refusa de restorer eux arere, Vide [...] c̄ F. N. B. 138.
Devastaverunt bona Testatoris.
DEvastaverunt bona Testatoris est quāt les Executors voil' deliver Legacies, ou faire restitution pur torts faits ꝑ lour Testator, ou pay ses Debts deu sur Contract ou Specialties, q̄ux jours [...] paym̄t ne sōt uncor̄ venus, &c. & ne gard sufficiēt ē lour mains p̄ discharg' ceux Dets sur Records [Page 275] ou Specialties q̄ ils sont compellable primerm̄t per le Ley de satisfier; donques ils serront constraine de payer [...] lour biens demesne ceux duties, accordant al value [...] c̄ q̄ ils deliveront ou pay sans cō pulsion: car tiel irregular & illoyal Paym̄ts sont account en le Ley ū Vastant des biens del Testator, cy tant come si ils ad done eux sans cause, ou vend eux, & convert a lour proper use.
Et pur ceo si A soit lie en Recognisance, cu en Statute Merchant ou Staple, & puis Recoverie est ewe vers luy en Action de Det, & il fait ses Executors, & morust; ses Executors sont tenus per la Ley a payer le Det due sur le Recoverie, com̄t q̄ soit puisne, devant le Det due ꝑ Recognisance ou Statute, p̄ ceo q̄ coment q̄ ambideux sont Records, uncore le Judgm̄ ē le Court le Roy sur judicial & ordinary proceeding est pluis notorious & conspicuous, & de pluis hauit & eminent degree. q̄ ū Statute ou Recognisance prise en private, & ꝑ consent des parties, & p̄ ceo p̄ferre en jugem̄t del Ley devāt Recognisance ou Statute: & si l'Executors ne ceo primerm̄t satisfie, donq̄ s [...] ls nont [...] s biēs le mort ē lour mains, ils responderont ceo de lour biens demesn̄. Issint l'Ordinarie ayant biens [...] un q̄ mo [...] st intest' ē ses mains ꝑ Sequestration, [Page 276] questration, & un Action de Det fur un Obligation al value des dits biens soit port vers luy come Ordinarie; il ne disposera ou administera ascun ꝑcel de les dits biens a les auters Creditors a son pleasure, mes est tenus a satisfier le Det primes de que un Action ē attempt vers luy. Dyer, fol. 232. placito. 5.
Si un Viscount retorne ex officio sans Enquest q̄ l'Executor ad degast biens, l'Execution issue envers les ꝓꝑ biens del Executor. Et si le retorn soit faux, donques l'Executor poit aver un Action sur le Case versus le Viscount pur son faux retorne, pur ceo q̄ l'Executor ad nul jour a pleder. Mes si le Viscount retorn devastavit sur un Enquest ꝑ Jury, l'Executor poit appear & traverse quod ipse non devastavit & try ceo, 1 Cr. Mounson & Bourne, & Proctor versus Chamberlaine.
Devenerunt.
DEvenerunt est un Br̄e direct al Escheator, quāt ascun Tenants le Roy q̄ tient en Capite morust, & qn̄t son fi [...]s & heir̄, deins age, & en custodie le Roy, morust, donq̄ cest Brief isiera, com̄andant l' Escheator, que il per le serement de ꝓbes & loyals homes enquire q̄ Terres ou [Page 277] Tenements ꝑ le mort le Tenant deve [...] gne al Roy, &c. Veies Dyer. fol. 360. pla. 4. Mes veies le Stat. 12 Car. 2. cap. 24.
Devest.
DEvest est un ꝑol contrary al Invest; car come Invest signifie a trader le possession d'un chose, issint Devest signifie lauferance [...] ceo.
Devise.
DEvise est, lou un en son Testament done ou grant ses Biens ou ses Terres a un aut' apres son decease. Et lou tiel Devise est fait des Biens, si les Executors ne voylent deliver eux a le Devisee, il nad remedie ꝑ le Common Ley; mes il covient de aver un Citation vers les Executors le Testator, de appearer devant le Ordinary, de monstrer p̄ que il ne ꝑforme le Volunt le Testator: car le Devisee ne poit prender le Legacie & luy m̄ server, mes il doit estr̄ deliver a luy per les Executors. Vide Stat. 32 H. 8. cap. 1. & 34 H. 8. 5. & 29 Car. 2. cap. 3. ꝑ quel darreine Stat. le ley des testaments est alter.
[Page 278] Mes ꝑ le Common Ley, si home fuit sole seisie [...] Terres en fee, & devisa eux ꝑ son Testam̄t; cest Devise fuit voyde; si non les Terres fueront en un Citie ou Borough lou Terres son devisable per Custome. Mes si asc' home fuissoit enfeoffe al use [...] un aut' & ses heir̄s, & cestuy a q̄ use il fuit issint sel [...] ie fesoit Devise [...] ses Terres; cest Devise suit bon̄, com̄t que il ne fuit en Ville lou Terres sont devisable.
Aux' si asc' home devise Terres en Citie, Ville, ou Borough, devisable, & le Devisor devie; si son Heire ou asc' aut' abate en les Terres, donq̄s le Devisee avera Br̄e de Ex gravi querela. Mes cest Br̄e ne serra jamm̄s plede devant le Justice le Roy, mes touts foits devant le Maior ou Bailife en le dit Ville.
Et ore, al fine de monstre q̄nt les Leys de cest Royalm, & les discreet Judges de ceo, queux sont les Interpreters, ont favour Volunts & Testaments, & issin [...] Devises, en yeelding al eux tiel reasonable construction come ils pensent poit bien agree ove les mentes de les morts, considerantes que Volunts & Testaments sont p̄ le pluis part, & per common intendment, fait quant le Testator est ore en grand languor, feeble, & passa tout sperans de recoverie: car il est un opinion [Page 279] en le Pays inter le greinder nombre, que si un home perchance soit cy prudent com̄ de fair̄ son Volunt en son bon̄ sanitie, quāt il est strong, [...] bon̄ memorie, & ad temps & opportunitie deman [...] counsel (si asc̄ doubt soit) de l' Learned, q̄ donq̄s il ne doit viver long apres; & p̄ c' ils c̄ deferre tanq̄ tiel temps quant ceo soit pluis cōveniēt de applier eux mesmes a le disposition de lour Ames, q̄ de lour Tr̄s & Biens, si non q̄ il soit q̄ [...] fresh memorie & recital ꝑ eux a cest temps, il poit un estre cause de mitt' eux en m̄t de asc' [...] lour biens ou t'res fauxem̄t purchase, & issint move eux al restitution, &c. Et a cest tēps l' escriptur' [...] tiels Volunts est cōmunem̄t cōmit al Minister del Paroch, ou al ascun auter pluis ignorant, que ne scavoit queux ꝑols sont necessarie p̄ fair̄ un Estate en Fee-simple, Fee-taile, p̄ t'me de vie, ou tiels sēblables, preter divers auters mischiefs: Jeo voile pur ceo mis cy ascūs [...] ceux Cases queux sont pluis cōmon ē les bouches de les ignorāt hōes, & portant, ꝑ le scavient interpretations de les Judges, un large & pluis favourable sense en Volunts, que en Faits.
Et pur ceo primerm̄t, si un devise al J. S. ꝑ son Volunt touts ses Terres & Tenem̄ts; icy non solemēt tous ceux [Page 280] Terres que il ad en possessiō passōt, mes auxy touts ceux q̄ il ad en Reversion, ꝑ vertue de ceux parols, Tenem̄ts.
Et si Terres sont devise a un hōe a aver a luy imꝑpetuum, ou aver a luy & ses Assignes; en ceux deux cases le Devisee avera Fee-simple. Mes si soit done ꝑ Feoffment en tiel man̄er, il nad forsque Estate pur terme de vie.
Auxy si un home devise ses Tr̄s al [...] ut', pur doner, vender, ou faire de ceo a son volunt & pleasure; c' est Fee-simple.
Un devise fait alun & a ses Heir̄s males fait un Estate taile: Mes si tiels parolx sōt mis en un Fait del Feoffmēt, il serra prise p̄Fee-simple, pur ceo que il nappiert de que corps les Heires males serra engender.
Si Terres sont done ꝑ Fait al J. S. & a les Heires mal [...] s de son corps, &c. que ad issue file, que ad issue fits, & morust; la le Terre revertera al Donour, & le fits de file navera ceo, pur ceo que il ne poi [...] a luy mesme conveyer ꝑ Heires males, car la mere est un obstacle a ceo: Mes auterment est de tiel Devise, car la le fitz del file ceo avera, plustoft que le Volunt serra void.
Si un devise al Enfant en ventre matris suae, cest bone Devise; mes auterm̄t ꝑ Feoffem̄t, Graunt, ou Done; car en ceux cases il doit estre un [Page 281] del habilitie p̄ prender maintenant, auterment il est void. Veis 14 El. Dy. 304.
Un Devise fait en Fee-simple sans expresse parols del Heires, est bone en Fee-simple.
Mes si ū Devise soit al J. N. il avera les Terres fors (que) pur terme [...] vie; car ceux parols ne voilent porter greinder Estate.
Si un voile que son fits J. avera son Terre puis le mort sa feme; icy le feme le Devisor avera le Terre primes pur terme de sa vie. Issint si home devise ses biens a sa feme, & que apres le decease de son feme, son fits & heire avera le Meason ou les biens sont; la le fits navera le Meason durant le vie de le feme: Car il appiert que son intent fult, que sa feme doit aver le Meason auxy pur sa vie, nient obstant il ne fuit devise a luy ꝑ expresse parols.
Si un Devise soit al J. N. & a les Heires females de son corps engendres, apres le Devisee ad issue fits & file, & morust; icy le file avera le Terre, & nemy le fits, & uncore il est pluis digne person, & Heire al son pere: mes pur ceo que Volunt del mort est, que le file doit ceo aver, Ley & Conscience voet issint auxy.
[Page 282] Et en cest point les Heathens fuerōt p̄cise, cōe app [...] ert ꝑ ceux Verses [...] Octavius Augustus, q̄ Donatus report il fesoit apres q̄ Virgil a son mort donoit com̄andem̄t que ses Livres doint estre combure, p̄ ceo q̄ ils fueront imperfect, & uncor̄ ascūs ꝑsuadont que ils doient estre save, cōe en fait ils happim̄t fueront; a que il respō [...] issint;
Sed Legum servanaa Fides; suprema Voluntas.
Quod mandat, fierique jubet, parere necesse est.
Devoire.
DEvoire est tāt adire cōe Dutie. Ceo est use en le Statute de 2 R. 2. cap. 3. ou est purview, Que touts Merchants del West, esteant del amitie le Roy, payera touts man̄ers des Customes & Subsidies, & auters Devoires de Caleis. Veies le Stat. 5 ejusd. Regis cap. 2.
Devorce.
DEvorce, Divortium, dict' est a Diversitate mentium, quia in diversas partes eunt qui distrahunt Matrimonium; ou auterm̄t del verbe Diverto, q̄ signifie de returner arere, pur ceo q̄ puis le Devorce parent' le baron & feme, il luy returne arere a sa pere, ou auter [Page 283] amies, ou al lieu de que il luy prist.
Et com̄t q̄ Devorce ne unq̄s fuit approve ꝑ le Divine Ley, mes al contrarie prohibite, cōe appiert ꝑ cest mandat, Quod Deus conjunxit homo non separet; uncor̄ ē touts ages & bien dispose Com̄onweales il ad este use & ꝑmit: Et issint a cest jour ove nous la sont divers causes pur q̄ux baron & feme poient estre devorce, come primerment causa Praecontractus.
Pur ceo si home marrie ove feme precontract, & ad issue ꝑ luy, cest issue en Ley & en veritie port le surnosm̄ de sō pere. mes si puis le baron & fem̄ sont devorce pur le Precontract, ore le issue ad ꝑde son surnosm̄, & est devenus Bastard, & nullius filius. Cok. lib. 6. fol. 66.
Devorce poit estre causa frigiditatis: & pur ceo si hōe soit espouse a un fem̄, & puis ils sont devorce causa Frigiditatis, & don (que) le home prist auter feme, & ad issue per luy; uncore cest issue est legitimate, pur ceo q̄ hōe poit estre habilis & inhabilis diversis temporibus, & ꝑ le Devorce Causa Frigiditatis le Marriage fuit dissolve a vinculo Matrimonii▪ & ꝑ consequence chescun de eux poit marrie arere. Co. l. 5. f. 98. b.
[Page 284] Auxy hōe poit estre devorce causa Impubertatis, ou Minoris aetatis: & en ceo case si deux sont espouse infra annos nubiles, & apres le pleine age Devorce soit prise inter eux; ceo dissolve l'Espousals, & le fem̄ poit suer ū Assise vers le baron pur Terres ou Tenem̄ts don̄ ove luy en Frank-marriage, 19 lib. Assis Pla. 2. Issint Devorce poit estre causa Professionis, causa Consanguinitatis, causa Fornicationis, & pur plusors aut's meistres, pluis tedious destr̄ jamm̄s recite.
Covient q̄ en le sentence de Devorce le Cause de ceo soit monstre, pur ceo que ascun Devorce dissolve le Matrimonie, cest adire, a vinculo Matrimonii, bastard le issue, & barre le feme de Dower; & ascun a mensa & thoro, le quel ne dissolve le Matrimonie, ne barre le feme de Dower, ne bastard le issue.
Devorce est Judgment spiritual, & pur ceo, sil soit cause, covient estre reverse en le Spiritual Court. Veies Cok. lib. 7. Kenne's Case.
Si feme Copiholder de certeine Terre, durante viduitate sua, solonque le Custome del Man̄or, emblea le Terre, & devant le severance des Emblements prist baron; ore le Seigniour avera l' Emblements, & nemy le baron: Mes si Lease soit fait al baron & feme durant le Coverture, & [Page 285] le baron emblea le Terre, & puis ils sont devorce causa Praecontractus; le baron avera les Emblements, & nemy le Lessor.
Dicker.
DIcker est un parol use en l' Statute 1 Jacobi cap. 22. & signifie le quantitie des Dize Hides de Cuir. Et semble de vener del Greeke parol Decas, que signifie Dize.
Diem clausit extremum.
DIem clausit extremum est un Brief que gist lou le Tenant le Roy que tient en Chief morust; donque cest Brief serr̄ direct al Escheator, d' enquirer de quel Estate il fuit seisie, que est prochein Heire, & de quel age, & de la certaintie & value del Terre, & de que c' est tenus; & cel Inquisitiō serra returne en le Chancerie, & est communement appel Le Office apres le mort del tiel person.
Et est auter Brief de Diem clausit extremum agard hors del Exchequer, apres mort del un Accomptant ou Dettor al Roy, a levier le Dett de son Heire, Executor, Administrators terres ou biens.
Dies datus.
DIes datus est un Respite done al Tenant ou Defendant devant le Court. Brook Tit. Continuance.
Dieta rationabilis.
DIeta ranionabilis est ascun foits use pur le Reasonable Journey [...] un jour, cōe Bra. l. 3. part. 2. c. 16. Il ad ē le Civile Ley auters interpretations, q̄ ne besoigne destre cy insert, Veies Vocab. utriusque Juris.
Dieu son act.
DIeu de son act, ceux sont parols plusors foits use ē nostre Ley, & la est ū Maxim̄, Que le Act de Dieu serra prejud ce a nulluy: Et pur ceo si Meason eschiust per Tempest, ou auter Act de Dieu, le Lessee p̄ vie ou pur ans non solem̄t serra quit en Action de Waste port vers luy, mes ad ꝑ le Ley ū special interest a p̄nder l' merism̄ p̄ edifier l' Meason arer̄, sil voit, p̄ son habitat' Co. li. 4. 63. & lib 11. 82. a.
En mesm̄ le manner, quant le Condition dun Obligation estoya sur deux parts ē le disjunctive, & ambideux sont possible al temps del Obligation [Page 287] fait, & puis lun de eux deveigne impossible per le Act de Dieu; le Obligor nest tenus a ꝑformer l'auter part, car le condition serra prise beneficialment pur luy. Cok. lib. 5. 22.
Dignitie Ecclesiastical.
DIgnitie Ecclesiastical est un phrase de parlance use en l' Stat. de 26 H. 8. c. 3. & per les Canonists est define destr̄ Administratio cum Jurisdictione & potestate aliqua conjuncta.
Diminution.
EST quant le Plaintiff ou Defendant en un breif d Error allege al Court q̄ part del Record remaine en l' Inferiour Court nient certifie, & prie q̄ ceo serra certifie ꝑ Cerciorari, Co. Ent. 232, 242. 1 Cro. John versus Thomas 2 Cr. 479, 131. Rolls Abridg. 765, 20.
Diocesse.
DIocesse est le Circuit del Jurisdiction de chescun Evesque: car est Royalme ad deux sorts de Divisions, l' un en Shires on Counties, en respect del Temporal policy; [Page 288] l'aut' en Diocesses, en respect del Jurisdictiō Ecclesiastical.
Disabilitie.
DIsabilitie est, quāt hōe per asc' chose ou act ꝑ luy m̄ ou son ancestor fait ou cōmit, ou ꝑ asc' aut' cause, est disabbe ou fait incapable a fair̄, de inheriter, ou de prender benefit ou advantage d' ū chose, que auterment il puit aver dōe ou fait.
La sont plusors choses per queux hōe poit estre disable; & ceux sont communemēt ou ꝑ le act del Partie, ou son Ancestor, ou ꝑ l'act del Ley, ou de Dieu.
Disabilitie per act del Ancestor; cōe si home soit attaint de Treason ou Felonie ꝑ cest Attainder son sangue est corrupt, & ꝑ ceo luy mesme & ses issues disable d' inherit'
Disabilitie per le act del Partie mesme; come si ū home fait Feoffment al aut' home q̄ adonque est sole; sur condition, q̄ il enseoffer̄ un tierce home devant M. & devāt M. ou le Feoffm̄t fait, le Feoffee prist feme; il ad per ceo luy disable de performer le Condition accordant al trust en luy repose, & p̄ ceo le Feoffor poit enter, & luy ousta, come est Lit. sect. 357. Issint si le Feoffee charge le Terre, ou enter en Statute-Staple ou Statute-Merchaut; ꝑ ceux [Page 289] acts il ad luy mesme disable, & le Feoffor p̄ ceo poit enter, come en le prim̄ case. Issint si jeo moy oblige, q̄ sur Surrender [...] un Lease jeo voile faire un novel Estate al Lessee, & puis jeo gran [...] a ouster mon Reversion; en ceo case, com̄t que jeo en apres ceo repurchase, & acquire tout le Reversion a moy arere, uncore jeo aye forfeit mon Obligat', p̄ c' q̄ jeo fuy un foits disable de ceo ꝑforme, Cok. l. 5. f. 21. Aux' si hōe soit excom̄enge, il ne poit durant ceo temps suer asc' Action, mes serra per ceo disable, Co. l. 8. f. 69. & issint en plusors auters cases.
Disabilitie per act del Ley est, puis ꝓperm̄t, quant hōe per le sole act del Ley, sans ascun original ou prim̄ chose per luy fait, est disable; & issint est Alien nee. Et pur ceo, si home nee hors de la liegeance de nostre Seignior le Roy voile suer asc' Action, le Tenant ou Defendant poit dire, q̄ il fuit nee en tiel Pays hors de la liegeance le Roy, & demand judgment sil serra respondue; car le Ley est nr̄e Birthright, a q̄ un Alien est collateral & estrang', & p̄ ceo disable pur prender ascū benefit ꝑ ceo.
Per le Act de Dieu; come destre Non compos mentis est un Disabilitie ē asc' cases, & en asc' nemy; p̄ q̄ semble que ces̄t difference poit estr̄ prise: que en tours cases un home [Page 290] non compos mentis done ou passe asc' chose ou Estate hors de luy, ceo poit apres son mort estr̄ anient & fait void; mes ou home uon sanae memoriae fait un chose ꝑ que riens passe hors de luy, la il poit en ascuns especial cases estr̄ lie: cōe si il soit Lessee p̄ ans, rendāt Rent, & le Lessor grāta le Reversiō; ore le Lessee non compos mentis ne poit fair̄ Attorn̄ ment, car cestuy q̄ est amens, ou sans ment, ne poit faire Attornem̄t, que est Agreem̄t; & uncore en tiel case si le Lessor eject luy, & fait Feoffment, & puis le Lessee non sanae memoriae re-enter▪ cest act de Re-entrie subject luy mesme al Distresse & Action de Waste.
Et il est ū Maxim̄ ē la Ley, Que hōe [...] plein age ne unq̄s serra receive a disabler son ꝑson demesne. Et cest incapacitie a disabler luy mesme, quant al ascun ꝑsons est ꝑ`onal, & extend solem̄t al ꝑtie mesme; & quant al aut's nest ꝑsonal, mes liera eux auxy.
Sont quater man̄er de privities; scil. Privies en Sank, cōe Heir; Privies en Representation, come Executors ou Administrators; Privies ē Estare, coms Donee en tail, le Reversion ou Remainder en fee, &c. & Privies ē Tenure, cōe Sn̄r & Tenant: & deux de ceux poient disabler le ꝑson del mort, que ne fuit compos mentis, ou &c. & avoidera [Page 291] ses Grāts ou Feoffmēts, & deux nemy. Car Privies en Sanke poient monstre le Disabilitie del Ancestor, & Privies en Representation l' Infirmitie de lour Testator ou Intestate; mes neque Privie en Estate neque Privie ē Tenure ceo ferra. Coke, l. 5. f. 123, 124. Veies Lit. sect. 405. & Coke, l. 8. f. 43.
Disalt.
DIsalt signifie auxy mult cōe Disable. Littleton cap. Discontinuance.
Disceit.
DIsceit est un Breif, ascun foits Original, & ascun foits Judicial. Quant il est Original, gist lou asc' Disceit est fait a asc' home ꝑ un aut' ꝑ non ꝑformance [...] un Bargain ou Promise, donq̄s celuy q̄ est ē tiel man̄ disceive avera cest Brief.
Quant il est Judicial, il gist ou Scire facias est sue hors d'ascun Record vers un, & le Viscount returne que il est garnie, ou il ne fuit garnie; ou lou un Praecipe Quod reddat, de Plee de Tr̄es, ou Quare Impedit, del Presentment al Esglise, est sue vers un, & le Viscount returne que le Defendant est summon, lou il ne fuit; ꝑ [Page 292] quel Disceit & faux Returne le Demandant ou Plaintiffe recover: donques le partie greeve avera cest Brief vers luy que recovera, & vers les Summoners & vers le Viscount: & le Brief serra direct al Coroners de mesme le Countie, si il continue Viscount que fist le Returne.
Issint si home fait Attorney en un Action reall port vers luy, & puis est agree ꝑ Covin perenter le Demaundant & le dit Attorney, que l' Attorney fayera Default, que issint fait accordant, per q̄ le Tenant perde son Tr̄e; donque mesme le Tenant que perda le Terre poit aver un Brief de Disceit envers l'Attorney.
Auxy si home port Action [...] Trespass vers deux auters, & le Plaintiff & un Attorney ꝑ Covin causant deux Estrangers, nient parties al Br̄e, a vener en le Court, & dire q̄ ils sont mesm̄ les deux Defendants nosme en le Brief, & q̄ ils designe mesme le hōe dest [...] e lour Attorney ē cel Suit, sur q̄ mesme l' Attorney, cōe Attorney al Defendāts nosm̄ en le [...] r̄e, pledont al Issue, & puis suffront l'Enquest a pa [...] ser ꝑ son Default, per quel means le Plaintife recover: En cest case ceux q̄ sont voyerm̄t Defendants poyēt aver ū [...] r̄e [...] Disceit envers mesm̄ le Attorney, & recuperont [Page 293] lour damages. Fitzh. Nat. Brev. 96.
Et sicome le Ley punie son Officers, cōe Sergeants, Pleadors Philisers, Exigenters, Attornies, & aut's; issint il reject & dampne touts acts del pluis grād importance, sils sont enterlayse ove Disceit & fauxitie, Cōe si un Fine soit levie ꝑ Disceit, & cinq̄ ans passe; ꝑ le Statute de 4 H. 7. c. 24. touts persons & lour droits serr [...] nt per ceo barre: uncore p [...] r ceo que fuit per Disceit, le Fine serra avoide, come est adjudge en Cok. lib. 3. fol. 77. En mesme le manner, si un recover Terre per Disceit, le Recoverie pur ceo serra aniēt & sait void, 3 Ed. 3. 28. Issint si feme, q̄ ad bon̄ cause destr̄ endow, voile ꝑ Disceit aver l' Ten̄t destr̄ disseisie, & puis recover sa Dower ꝑ Br̄e de Dower envers le Disseisor; uncore il serra adjudge en possession envers le Disseisee lors (que) come un Disseisoresse, en respect del Dissceit. Cok. lib. 5. fol. 35.
Et est auter manner de br̄e de Disceit, ou Terre q̄ est auncient demesn est implede ꝑ br̄e del Roy al Westm. don (que) le Seignior del Mannor avera ceo br̄e & reverse touts les form' proceedings & Judgm̄t come appiert Rast. Entr. 100, & 221. 2 R. 3. 1. 11. H. 4. 36.
Discent.
DIscent est an deux sorts, ou lineal ou collateral. Lineal Discent est, q̄nt l' Discent est convey en mesme le Line de entire sanke; come ayei, pere, fits, fits del fits, & issint debassa.
Collateral Discent est dehors en un auter branch dehault dentier sangue; come le frere del ayel, frere del pere, & issint debassa.
Nota, que si un devie seisie en fee ou en taile de Terre en que aut' ad droit de ent', & ceo discend a son Heire, tiel Discent tollera l'Entrie de cestuy que droit avoit [...] enter, p̄ c' que le Heire ad ceux ꝑ le Discent [...] son pere, & issint per act de Ley; & cestuy que droit ad ne puit luy ouster ꝑ entrie sur luy, mes est mise de suer son Br̄e, a demander le Terre solonq̄ le nature de son Title. Veies de c' Littl. 3. cap. 6. & Stat. 32 Hen. 8. Cap. 33.
Disclaimer.
DIsclaimer est, lou le Seignior distreine son Tenant, & il sua Replevin, & le Seignior avowa le prisel, per reason que il tient de luy; si le Tenant dit, q̄ il disclaime de teū [...] luy, cest appelle un [Page 295] Disclaimer, & si ie Sn̄r sur ceo port Brief de Droit sur Disclaimer, & il soit trove encounter le Tenant, il ꝑdra le Terre. Auxy si un port un Praecipe vers deux auters p̄ Terre, & le Tenant disclaime, & dit que il nest de c' Tenant, ne claime rien en ceo; donques lauter avera tout le Terre. Mes si le Praecipe soit envers un sole, & il disclaime, come avant est dit, le Brief abatera; uncore le Demandant poit enter en le Terre, & ceo tener en son droitural estate, com̄t son Entrie ne fuit loyal.
Et apres q̄ le Ten̄t ē un Actiō port vers luy disclaime, il navera Brief de Error encount' son Disclaimer, p̄ ceo q̄ ꝑ son Disclaimer il ad barre luy mesme del droit del Terre; car les parols del Disclaimer sont, Nihil habet, nec habere clamat in Terra illa, nec die impetrationis Brevis Originalis predictae, &c. habuit sive clamavit, sed aliquid in Terra illa habere deadvocat & disclamat: & encounter ceo il navera Restitution per Brief de Error. Veies Cok. lib. 8. fol. 62.
Issint si ū Sn̄r, en case ou il poit, disclaim son Sn̄rie en Court de Record, son Sn̄rie ꝑ ceo est extinct, & le Tenāt tiēdra del Sn̄r prochein paramount cestuy que issint disclaim. Lit. sect. 146.
[Page 296] Si Terres sont don̄ al barō & feme en taile ou ē fee, & le baron morust, la l' feme ne poit devest le Frank-Tenem̄t hors de luy per ascun verbal Waiver ou Disclaimer en Pais: come si devant ascun Entrie fait per luy el dit, que el ousterment waive & disclaime die Esta [...] e, & ne unques voile prender ou accepter de ceo; uncore le Franktenement remaine en luy, & el poit ent' quant a luy pleist. Issint un Charter [...] Feoffm̄t fuit fait a quarter, & Seisin fuit deliver a trois en nosme de touts, & apres le Seisin fuit deliver, le quater veignāt view le Fait, & dit ꝑ ꝑol que il voi [...] e aver riens del Terre, ne agrea al Fait, mes disclaima: & fuit adjudge, que cest Disclaimer per parol en Pais ne devestera le Frank-tenement hors de luy. Cok. lib. 3. fol. 26.
Discontinuance.
DIscontinuance est, quant un home alien a un auter Terres ou Tenements, & morust, & un auter ad droit a mesme les Terres, & ne puit enter en eux ꝑ cause de cel Alienation; si come un Abbot alien les Terres de son Meason a un auter ē fee, seetaile, ou pur vie, ou si un hōe alien les Terres que il ad en droit sa feme, ou si Tenant [Page 297] en taile fait, de les Terres done a luy & a ses Heires de son corps, asc̄ Feoffm̄t, Don̄ en taile, ou Leas p̄ vie, nient garrant ꝑ Statute 32 H. 8. ꝑ Fine ou Liverie [...] seisin; dō (que) tiels alienat ons sont appel' Discontinuances, car tiels Estates passont touts foits per Liverie & seisin: En ceux cases les Successors del Abbe, ne la feme apres le mort sa baron, ne l' issue en le taile apres le mort le Tenant en le taile, & ceux en Remainder ou Reversion puis le fine del Estate taile, no po [...] ent entre, mes chescun de eux est mise a son Action.
Et sicōe la est Discontinuance de Possession, come est dit avant; issint auxy la est Discontinuance de Processe ou Plee; & ceo est quant l' instant est perde, & ne poit estre prise arere, mes per novel Brief a cōmencer le Suit a novel; car destre discontinue & destr̄ mis sans jour est tout un, & nient auterment que destre finalment dismisse l' Court de cel instāt. West part. 2. tit. Fines, sect. 115. Issint Crompton, en son Jurisdictions, fol. 131. ceo use en ceux ꝑolx; Si un Justice-seat soit discontinue per le nient vener des Justices, le Roy poit c'renuer per son Brief.
Auxy si les Justices de asc̄ Court ne viendront al jour & lieu appoint, donque le Cause serra discontinue tan (que) al aut' jour; come est en Cok. [Page 298] lib. 1. fol. 38. Issint si home ad un Action en le Court del Marshalsea, & le Roy remove hors del Vierge, les Pleas serront discontinue, Cok. lib. 10. fol. 73.
Veies pluis de ceo en Lit. lib. 3. cap. 11. & 32 H. 8. cap. 28. que tolle Discontinuances ꝑ baron seise en droit son feme.
Disgrading.
DIsgrading est, quant un hom̄ ayant prise sur luy un Dignity temporal ou Ecclesiastical, est enap̄ [...] ceo deprive, soit il Chivaler; Clerk, ou auter home. Pur que si un Clerk soit deliver a son Ordinarie, & ne poit acquit' luy mesme del Peche [...] que il fuit convict ꝑ le Jurie, il serra pur ceo disgraded; q̄ riens aut' est forsque le Deprivation [...] luy de ceux Orders que il ad sur luy prise, com̄ Priesthood, Deaconship, ou auterment Stanf. Pla. Co. fol. 130, 138.
Et en mesme le man̄ la est Disgrading un Chivaler, come est avantdit. Veies Stow. Annal. pag. 685. Et est digne l' observation, q̄ ꝑ le Canon Ley la sont deux sorts [...] Disgradings; l'un summarie, ꝑ parol solem̄t, & laut' solemn̄, per Devestant le partie disgrade de ceux Ornaments & Rites que sont les Ensignes [...] [Page 299] son Order ou Degree. Veies 4 E. 4. 19, 20.
Dismes.
DIsmes sont les Disme parts de ascun chose, mes ꝓperment de ceux choses que encrease, queux pur le pluis part perteign̄ al Ministers [...] Esglise p̄ lour maintenance; & ils sont divides en 3 sorts, nosmement, Predial, Personal, & mixt. Predial Dismes sont Dismes q̄ sont paid de choses queux viēt [...] de Terr̄ solemēt; come Blees, Fene, Fruits del arbres, & tiels semblables.
Personal Dismes sont les Dismes que sont paid de tiels ꝓfits que veign̄ ꝑ le Labor & industry del ꝑson [...] un hōe; come ꝑ Emption & Vendition, gain [...] Merchandise, & de Manuel-crafts homes, Laborers, & tiels que labor pur salary, come Carpenters, Masons, & tiels sembables.
Mixt Dismes sont les Dismes [...] Vitels, Agnes, Porcels, & tiels semblables, que encrease partment del Terre sur q̄ ils sont depasture, & partm̄t [...] l garding, industry & diligence del owner.
Disparagement.
DIsparagement est ū Hōte, Disgrace, ou Villanie fait ꝑ le Gardeln̄ ē Chivalrie a son Gard deins age, ꝑ reason de son Marriage.
Come quant le Gardein marrie son Warde deins age de xiv. ans, & deins tiel temps q̄ il ne poit consent al Marriage, al un Niese, ou al file [...] un q̄ demurt en un Borough, (q̄ est destre entend tiels queux peres ꝑfesse Maincrafts, & tiels baser Arts de emption & vendition p̄ gaine lour viver) ou al un que est decrepit, ou deform̄, ou ayāt horrible disease, come le Leprosie, les Pocks de Franks, Falling-sickness, ou tiels semblables, ou marrie luy a un feme q̄ est pas le age de Infanter, & divers tiels aut's; donques, sur le complaint fait ꝑ les amies de tiel Heire, le Seignior ou Gardein perdera le Gardship, & les profits durant le Nonage de le Heire, pur le Disparagement fait a luy. Veies Litt. lib. 2. cap. 4.
Disseisin.
DIsseisin est, quant un home enter en ascun Terres ou Tenements lou son Entrie nest pas congeable, & [Page 301] ousta celuy que ad le Franktenement.
Disseisin sur Disseisin.
DIsseisin sur Disseisin est, quant Disseisor est disseisie per un auter.
Disseisor & Disseisee.
DIsseisor est celuy que mist ascun home hors de son Terre sans order le Ley.
Mes le Roy ne serra dit destr̄ un Disseisor; & ove ceo est un note en 1 E. 5. fol. 8. que fuit tenus, le Roy ne poit estre dit un que fist tor [...] , car si un voet disseise un aut' al oeps le Roy, lou le Roy nad droit, le Roy ne poit estre dit Disseisor.
Disseisee est cestuy que est mis hors [...] sō Terr̄; & si tiel Disseisee levie Fine del Terre de que il est disseisie al un estranger, l' Disseisor retein̄ l' Terr̄ a touts jours, carl' Disseisee encont' sō Fine demesne ne poit claime, & le Conusee ne poit ent', car l' droit que le Disseises ad fuit extinct ꝑ le Fine, dont l' Disseisor prendra advantage: & issint fuit le opinion, Co. l. 2. fol. 56.
Distresse.
DIstresse est le chose prise & distreine sur asc' Terr̄ pur Rent arere, ou pur auter dutie, ou pur tort fait, com̄t que le propertie de chose soit perteigne al stranger: mes si sont Avers q̄ perteigne al estrange', il covient que ils sont levant & couchant sur mesm̄ le Terr̄, cest adire, que les Avers avoient este sur le terre ꝑ certain space, que ils ont eux bien repose sur la terre, ou auterment ils ne sont distreinable pur Rent ou Service.
Si ū distreine pur Rent ou auter chose sans cause loyal, donques le partie grieve avera un Replevin, & sur Suretie trove de pursuer son Action, avera le Distresse re-deliver. Mes sont divers choses q̄ ne sont distreinable, viz. Robe de auter home en le meason de un Taylour, ou Drape en le meason de ū Fuller, Sheerman, ou Weaver, p̄ ceo que fls sont common Artificers, & le common presumption est, que tiels choses ne sont perteignont al Artificer, mes al auters persons q̄ eux mittont la a overer.
Vian [...] nest pas distreinable, ne Blees en sheaves, sinō q̄ ils sont en un Chariot; p̄ c̄ q̄ Distress coviēt estr̄ touts foits de tiel chose dont l' Viscount [Page 303] poit fair̄ Replevin, & redeliver en auxy bone case que il fuit al prisel.
Home poit [...] istreine pur Homage de son Tenant, p̄ Fealtie & Escuage, & auters Services, & p̄ Fines & Amerciaments que sont assesse en un Leet, mes nemy en un Court-Baron; & p̄ Dammage feasant, cestascavoire, qn̄t il trove les Beasts ou biens [...] s aut's feasons tort, ou incumbrant son Terre. Mes home ne poit distreine p̄ asc' Rent, ou chose due p̄ ascun Terre, mes sur mesme le Terre que est charge ovesque ceo. Et en case lou jeo veigne a distreiner, & lauter, veyant mon purpose, chase les beasts, ou port le chose dehors, al entent que jeo ne prendra ceo p̄ un Distresse sur le Terre; donq̄s jeo poy bien pursue; & si jeo prise ceo maintenant en l'Hault chimin, ou en aut' soile, le prisel est loyal auxybn̄ la come sur la Terre charge, a quecunque la propertie des biens sont.
Auxy p̄ Fines & Amerciaments assesse en un Leet, un poit touts foits prender les biens celuy que est issint amerce, en quecunque soyle que ils sont deins le Jurisdiction del Court, ut dicitur.
Et quant un ad prise un Distresse, il covient luy de amesn̄ ceo al common Pound. ou auterment il poit garderē overt licu, issint que il done [Page 304] notice al partie, que il (si le Distresse soit vive avers) poit done a luy viand; & donques fi l'avers morust p̄ default [...] viand, celuy q̄ fuit distreine serra a le pard, & donques laut' poit distrein auterfoits pur m̄ le Rent ou dutie. Mes sil amesna le Distresse a ū Fortlet, ou hors del Countie, q̄ le Vise' ne poit biē fair̄ deliverance sur Replevin; donq̄s le ꝑtie (sur le Return del Visc') avera ū Br̄e [...] Withernam direct al Visc, q̄ il prendra tant des avers ou tant des biens lauter en son garde, tan (que) il ad fait deliverance de le prim̄ Distresse. Auxy si sont en un Fortlet ou Castle, le Vise' poit prender ove luy le Power del Countie, & abat' le Castle, cōe appiert ꝑ le Statute de West. 1. c. 17. Ideo vide Statut.
Districtus.
DIstrictus est asc' foits use p̄ le Circuit ou Territorie deins quel hōe poit estr̄ compel [...] appear̄, Brit. c. 120. & issint auxy est Districtio ē le Reg. orig. f. 6. b. Distresse ē le prim̄ significatiō est divide primermēt ē finite & infinite. Finite est c̄ q̄ est limit [...] Ley, q̄ tost il serra fait, a traher le ꝑtie al trial del Action, cōe ū foits ou deux foits, Veil. Nat. Brev. f. 43. Distresse infinite est sans limitation tanque le [Page 305] partie vient; come vers un Jurie que refuse [...] appearer sur le Certificate [...] Assise, le Proces est un Venire facias, Habeas corpora, & Distresse infinite. Veil Nat. Bre. f. 113.
Donque il est divine en le grand Distresse, come Anno 52 H. 3. c. [...] . q̄ Fitzberbet appelē Latine Magnam Districtionem; Nat. Brev. 126. a. & un ordinarie Distresse. Un grand Distresse est ceo que est fait de touts les biens & chattels que le partie ad deins le Countie, Brit. c. 6. f. 52. Mes quaere ou il ne soit asc' foits tout ū ove ū Distresse infinite, idem fol. 80. ove que auxy le Statute [...] Marlbridge semble [...] agreer, Anno 52 H. 3. c. 7, 9, & 12. Veies le Veil Nat. Br. 71. b.
Distringas.
DIstringas est un Br̄e direct al Visc' ou as [...] aut' Officer, luy cōmandant a distreine ū p̄ ū Det al Roy, &c. ou p̄ son appearāce al ū jour. Veies le grand diverfitie de cest Br̄e ē le Table del Reg. judic. verbo Distringas.
Auxi est un Writ ad distringendū Juratores ad triandū Exitum en un Suit al com̄on ley. Auxy est un aut' Brief de distringas Villatas circumjacentes ad levandū sepes & fensuras noctanter ꝑ ignotos ꝓstrata. De quel V. 1 Cro. rep. f. 204. Et int' Reg. & inhabit' de Epworth.
Dividend.
DIvidend est un parol use en le Stat. de Roteland, Anno 10 E. 1. ou il semble signifier un part [...] un Indenture. Veies Anno 28 ejusdem, Stat. 3. c. 2.
Divorce.
DIvorce. Vies Devorce.
Docket.
DOcket est un Petit quantitie [...] Pa [...] ou Parchm̄t escrie, q̄ contein ē luy l'effect de plus Grand Escript. Veies le Stat. [...] 2 & 3 P. & M. c. 6. M. West. part. 2 tit. Fines, sect. 106. appelle ceo Dogget.
Dog-draw.
DOg-draw est un manifest Dep̄hension [...] un offen [...] envers Venison en le Forrest. La sont quater sorts de ceux note ꝑ Manwood, part. 2. c. 18. num. 9. de ses Forrest Leys, cestascavoire, Dog-draw, Stablestand, Backbear, & Bloudyhand. Dog-draw est, quāt ū est trove trahāt ap̄s ū Dame ꝑ le sent [...] un Brache tient en son maine.
Dogger.
DOgger est ū sort [...] Neife, Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish, ibid. c 2. semble destre Pissons port en ceux Niefes al Blackney Haven, &c. Doggermen, Anno 2. H. 8. c. 4.
Dolefish.
DOle-fish semble destr̄ ceux Pissons que les Fisherhomes annualmēt employ ē le North mere [...] custome receivont p̄ lour allowance. Veies le Statute Anno 35 H. 8. c. 7.
Dominus litis.
EST un advocate en le Civil Ley que puis le mort de son Client prosecute un suit al sentence pur l' use del Executor.
Domo reparanda.
DOmo reparanda est un Brief q̄ gist p̄ un envers [...] on vicine, ꝑ le chier [...] quel Meason il suppose ascun leid vo [...] happer a son meason demesn Reg. orig. fol. 123.
Doom.
DOom (del Saxon dom) signifie Judgm̄t; un parol mult use en References al Arbitrateurs.
Dooms-day.
DOoms-day est ū Livre q̄ fuit escrie ē le temps de S. E [...] ward le Confessor, cōe le Autheur de Veil Nat. Brev. dit, fol. 15. & devāt ē le title Antient demesne, conteinant ē ceo non solem̄t touts les Tr̄es ꝓ Angleterre, mes aux' touts les nosmes [...] ceux ē queux mains ils fueront a cel temps quant le Livre fuit fait. Lamb. ꝓva q̄ cest Livre fuit fait en le temps de Gulielme le Conqueror, ove q̄ Cambden en so [...] Britain. pag. 94. agreea, ceo ꝓvāt hors [...] Ingulphus q̄ flourie mesme le temps, q̄ touchant les contents [...] ceo ad ceux parolx: Totam Terram descripsit; nec erat Hida in tota Anglia, quin Valorem ejus & Possessorem scivit, nec Lacus nec locus aliquis quin in Regis Rotulo extitit descriptus, ac ejus Redditus & Prove [...] tus, ipsa Possessio & ejus Possessor Regiae notitiae manifestatus, juxta Taxator' fidem, qui electi de qualivet Patria territorium proprium describebant. Iste Rotulus vocat' est Rotulus Win. [Page 309] toniae; & ab Anglis, pro suae generalitate, quod omnia Tenementa totius Terrae continuit, Dooms-day cognominatur. Et cest Livre est asc foits appel Liber Judicatorius, qui in eo Regni Descriptio diligens conti [...] etur, & tam de tempore Regis Edwardi, quam de tempore Regis Gulielmi, sub quo factus est, singulorum fundorum valentia exprimitur.
Doomsman,
SEmble destre Suitors en le Court [...] un Mannor en auncient demesne queux sont judges la.
Donative.
DOnative est un Benefice merement done & collate per le Patrona un home, sans ou Presentation al, ou Institution per le Ordinarie, ou Induction per son Commandment, F. N. B. 35. e. Veies le Statute de 8. R. 2. c. 4. Peter Gregor. de Beneficiis, c. 11. num. 1. ad ceux parols: Si tamen Capellae fundatae per Laicos non fuerint a Diocesano approbatae, &, ut loquuntur, spiritualizatae, non censentur Beneficia, nec ab Episcopo conferri possunt, sed sunt sub pia dispositione Fundatoris. Pur que les Founder & lour heires poient doner tiels [Page 310] Chappels, sils voilont, sans le Evesque.
M. Gwyn, en le Preface a ses Lectures, dit, Que le Roy puit do veil temps founder un frank Chappel, & ceo exempter del Jurisdiction del Diocesan: Issint auxy il puit ꝑ ses Letters Patents doner congee a un common ꝑson de founder tiel Chappel, & de ordeigner q̄ il serra Donative, & nient presentable, & q̄ le Chapleine serra deprivable ꝑ le Founder & ses heir, & nemy ꝑ l'Evesque: & ceo semble destre le original de Donatives en Angleterre. Fitzherbert dit, fol. 33. c. que la sont ascuns Chauntries q̄ hōe poit doner ꝑ ses Letters Patents.
Et touts Evesqueries fueront del Foundation [...] Roys [...] Angleterre, & p̄ ceo en ancient temps ils fueront Donative, & dones [...] les Roys; uncore jam̄es l'Evesqueries sont deveigne, [...] les Grants del Roys, eligible per lour Chapter. Coke l. 3. f. 76.
Donor & Donee.
DOnor est celuy que done Terres ou Tenem̄ al aut' en taile; & celuy a q̄ il est done est appel le Donee.
Dorture.
DOrture est un common Roome, lieu, ou Chābre, lou touts les Religieux d' un Covent dormont, & giseront tout le nuit. An. 25 H. 8. c. 11.
Double Plee.
DOuble Plee est, lou le Defendant ou Tenāt en ascun Actiō plede un Plee ē q̄ deux matters sōt comprehendus, & chescun ꝑ luy mesme est un sufficiēt Barre ou Respons al Action, donq̄s tiel double Plee ne serra admit pur Plee, sinon que un depēd sur l'auter; & en tiel case si il ne poit aver le darraine Plee sans le primer Plee, donques tiel double Plee serra bien recev'.
Double Quarrel, ou Querele.
DOuble Quarel est ū Complaint fait ꝑ asc' Clerk out aut' al Archievesq̄ [...] l Province ēvers asc̄ inferiour Ordinarie p̄ delaier [...] e Justice ē asc̄ Cause Ecclesiastical, cōe a doner sentence, ou dinstitut' un Clerk presentus, ou tiels semblables: l'effect de q̄ est, que l'Archievesque, prendant conusance de tiel Delay, directa ses Letters south son [Page 312] Seale authentiq̄ a tout & singular Clerks de son Provinee, per ceo eux commandant & donant eux authoritie & chesc' de eux, de admonisher le dit Ordinarie deins neufe jours a fair̄ le Justice demād, ou auterm̄t de citer luy [...] appearer devant luy ou son Official al un jour en les dits Letters prefixe, & la [...] alledger le meistre [...] son Delay; & dernierment de intimat' al dit Ordinarie, que sil ne performa pas le chose enjoyn̄, ne apparust al jour assigne, il luy mesme sans auter Delay procederoit de performer le Justice require. Et ceo semble destre terme un Double Querele, pur ceo que est pluis communement fait envers le Judge, & celuy a que petition Justice est delay.
Dower.
DOwer, per le Ley del Realme, est un Portion que Ferne ad del Terres del baron, quel ꝑ Common Ley est le tierce part; mes ꝑ assignement del baron [...] assent son pere al huis del Esglise, poit aver tant del Terre son pere come est issint assigne, & issint del assignement son baron de part son Terre demesne. Et Dower, per Custome [...] ascun lieux, est de aver le moietle del Terre [Page 313] le baron. Dower est auxy un Brief que gist lou home est sole seisie, durant le Coverture perenter luy & sa feme, de terres ou Tenements en Fee-simple ou Feetaile, lou per possibilitie le issue ent' eux poyōt enheriter si tiel home devie, sa feme recovera le tierce part de touts les Terres dont le baron fuit sole seisie ascun temps durant le Coverture, per Brief de Dower unde nihil habet, mesque il ne morust seisie, & mesque il ad fait Alienation de ceo en sa vie.
Mes si home, devant le Statute de Uses, 27 H. 8. ad Ter̄s en queux auter hōe ou auters homes fuerent seisies a son oeps touts foits durant le Coverture, & cestuy a q̄ oeps ils fueront seisies devie devant le dit Statute, sa feme ne serroit endow.
Et auxy si devant le dit Statute deux homes sont seisies de Terr̄s al oeps de un [...] eux, & cestuy a que oeps, &c. devie devant le dit Statute, sa feme ne serra endowe. Auxy si feme port Brief de Dower, el recovera Dāmages pur le profit incurrus apres le mort la baron, sil morust de ceo seisie: mes si ascun Alienation ou Estate soit fait durant le Coverture, issint que le baron ne morust seisie; don (que) mes (que) el recovera la Terre, uncore el ne recovera dāmages.
[Page 314] Auxy il est un auter Brief de Dower appel Brief de Droit de Dower, que gist lou feme ad recover part de sa Dower en mesme le Ville, & auter part el est a recover. Mes en divers cases feme navera Dower; sicome le baron fait Treason, pur que il est attaint, donque sa feme navera Dower.
Et si el elopa de sa baron ovesque un auter home in Advoutry, & si el ne soit reconcile a son baron de son bone volunt sans coercion del Esglise, el ne serra endow. Veies Lit. l. 1. c. 4.
Et nota, que lou per Civil Ley Dower est ceo que le baron eyt ove sa feme pur le Marriage, de mainteiner lour joyned estate; per les Leyes del Realm per le parol ( Dower) est intende le Portion que le feme puis le mort del baron avera pur sa viver.
Dozeine.
DOzeine. Veies Deeiners.
Drie Exchange.
DRie Exchange (An. 3. H. 7. ca. 5.) semble estre un subtile terme invente a disguiser Usury, en quel quelque chose est pretendu [Page 315] a passer en ambideux partie lou en veritie rien passa sur l' un partie.
Drift del Forest.
DRift del Forrest nest riens forsque un exact V [...] ew & examination prise un foits, deux foits, ou pluis foits en un an, come occasion require, queux Avers sont deins le Forest, al intent que le Common en le Forrest ne soit surcha [...] ge, que les Avers des Forreiners ne sont permits de commoner la, & que Avers que ne sōt cōmonables poient estr̄ expell'. Veies p̄ c̄ l'Statute 32 H. 8. cap. 35. & Manwoods Forrest Leys, c. 15.
Droit.
DRoit est, lou un ad chose que fuit tolle [...] auter ꝑ tort, come per Disseisin, discontinuance, ou tiels semblables; le Challenge ou Claim de luy que doit aver est terme Droit.
Si feme release tout sa Droit a cestuy en Reversion, sa Dower est extinct; car qua [...] le Droit, que est le foundation & le principal, est release, ꝑ consequence le Action, que nest forsque le mean a recover ceo, est auxy release. Per Release de tour Title al Terre tout sont Droit est extinct. [Page 316] Issint quant home ad Title ou per Condition, ou ꝑ Alienation en Mortmaine, le Release de tout son Droit extinctera cest Title, Cok. lib. 8 f. 151, 153.
Droit de Entrie.
DRoit de Entrie est, quant un seisie de Terre en fee est de ceo disseisie; ore le Disseisee ad Droit d' entre en le Terre, & poit quant il voile, ou il poit aver Brief de Droit envers le Disseisor.
Duces tecum.
DUces tecum est un Brief hors del Chācery, commaundant home pur appeare la, & de porter ove luy ascun piece de Evidence, ou auter chose que le Court voiloit veier.
Dum fuit infra aetatem.
DUM fuit infra aetatem est un Bries q̄ gist lou Enfant alien son Terre en Feesimple, ou pur terme de vie; quant il vient a son pleine age il avera cest Brief, ou il puit ent' sil voile, mes il covient que il soit de pleine age jour de son Brief purchase. Auxy si Enfant alien son [Page 317] Terre, & devie, son issue a son pleine age avera cest Brief, ou poit enter; mes le issue navera cest Brief deins son age.
Dum non fuit compos mentis.
DUM non fuit compos mentis est un Brief q̄ gist lou home que est hors de son bone memory, cest adire, Insane ou Lunatick, alien ses Terres en Fee-simple, & devie; donques son Heire ap̄s son decease avera cest Br̄e, mes il m̄ navera cest Br̄e, p̄ c̄ q̄ home ne serra receive a disable luy mesme. Auxy cest Brief puit este fait en le Per, Cui, & Post.
Duplicat.
DUplicat est un Second Letters Patents grantus per le Sn̄r Chancellor, en case lou il ad grant le mesme devant; & pur ceo sont tenus voyds per Crompton en son Jur. des Courts, fo. 215.
Duresse.
DUresse est, lon un home est garde en Prison, ou restraine [...] son Liberty, contrarie al order de Ley, ou menasse destre occide, mayheme, [Page 318] ou graundement batue: & si tiel ꝑson issint en Prison, ou pavor pur tiel Menasse, fait asc' Especialty ou Obligation ꝑ reason del tiel Imprisonm̄t, tiel Fait est void en le Ley; & en Action port sur tiel Especialty poit dire, q̄ il fuit fait ꝑ Duresse de son Imprisonment. Mes si home soit arrest sur asc̄ Action al Suit [...] un auter, mesque le cause del Action ne soit bone ne voier, sil fait asc̄ Obligation al un Estraunge esteant ē prison ꝑ tiel Arrest, uncore il ne serra dit per Duresse. Mes sil fait Obligation a luy a q̄ Suit il fuit arrest, destre discharge de tiel Imprisonm̄t, donques il serra dit Duresse.
Duchy.
EST un Court en le Duchy Chamber de Lancaster a Westm. devant le Chancellor del Duchy de Lancaster pur matters concernant les terres, & Franchises del Duchy, & leur procedure est ꝑ English Bill come en Chancery, Coke 4. Inst. 204.
E.
Ealderman.
EAlderman enter les Saxons fu [...] st tant cōe Count ent' les Danes, Camb. Brit. p. 107. Et a cest jour nous appellomus ceux Aldermen, q̄ sont Associats al prim̄ Officer en le Common Councel del Ville, 24 H. 8. c. 13. Et en asc̄ lieus le prim̄ Officer luy m̄ est appel Alderman.
Earle.
EArle. Veies Countee.
Easement.
EAsement est ū Immunitie q̄ un vicine ad [...] un auter, per Charter ou Prescription, sans ꝓfit; come un Voy ou ū Chanel ꝑ son Terre, ou tiels semblables, Kitch. f. 105.
Egiptians.
EGiptians, vulgarit' vocati Gipsi [...] s, sont counterfeit Vagabonds, Wallois ou Anglois, q̄ eux mesmes disguise ē roabes & language, & vagueront [Page 320] rōt ꝑ le Pais, ꝑtendant daver science ē Palmestry, & issint deceive le vulgar, mes vivont principalm̄t ꝑ embler & embeasiler des b ens; & p̄ ceo le Statutes 1 & 2 Mar. c. 4. & 5 Eliz. c. 20. fueront faits p̄ le punishm̄t de tiels ꝑsons cōe Felons, sils ne departont le Realme, ou issint continue ꝑ un moys.
Ejectione firmae.
EJectione Firmae. Vide de ceo ē le Title Quare ejecit infra Terminum.
Ejectment de Gard.
EJectment de Gard. Veis [...] ceo ē le Title Gards.
Eigne.
EIgne est ū parol Francois, & signifie le Eldest ou Prim̄ nee. Veies Enitia pars.
Einecia.
EInecia signifie Primogenitur ou Eldership, S [...] at. de Hib. An. 14 H. 3. V. Enitia pars.
Eire Justices.
EIre Justices, ou Itinerant, cōe nous appel' eux fueront Justices q̄ use [...] equitate de lieu al lieu per tout le Realm, p̄ administer Justice.
Et ceux Justices avoyent authoritie en ancient temps a granter Tr̄e que fuit seisie p̄ le Roy pur Alienation sans Licence; car adonq̄s Justices ē Eire puissoyent aver graunt tiel Tr̄e ē fee, rendant Rent, cōe Justices del Forrest (q̄ ē effect, quant a cest purpose, sont Justices en Eire) a cest jour poyent de Tr̄es enclose deins un Forrest, sans conge le Roy. Coke l. 2. fol. 80.
Election.
ELection est quant home est laise a son Frank arbiterm̄t demesne, de p̄nder ou faire un chose ou auter, q̄ il voile. Come si A covenant [...] payer al B un liver de Pepper ou Saffron devant Pentecost, est al Election de A tout temps devant Pentecost, q̄ de eux il voile payer; mes sil ne ceo paya devant le dit Feast, don (que) enapres est al Election de B p̄ aver son Action p̄ quel a luy pleist. Dyer, f. 18. pl. 104.
Issint si hōe done a un aut' son Chival ou Vache, le Donee poit p̄der l'un ou l' aut' [Page 322] a son Election: Mes si soit q̄ il donera, en le future temps, la le Donee ne poit prender l' un ou l'auter, car donque l' Election est en le Donor. 21 H 7. 19.
Aux' si un Justice [...] Peace direct son Garrant a un Constable, ademes [...] le party attach devant luy ou aut' Justice, est al Election del Constable de al' a quel Justice que a luy pleist, Coke l. 5 f. 59. Et en mesme le man̄er est ē plusors auters cases.
Elegit.
TEner per Elegit est, lou home ad recover Det ou Dammage ꝑ Br̄e devers un auter ꝑ conusance, ou en aut' manner, il avera deins l' an devers luy un Br̄e judicial, nosme Elegit, [...] aver Execution de moiet [...] e de touts ses Terres & Chattels, (except Boe [...] s & Avers a la carue) tanque le Det ou Dammages soyent ousterment levies ou payes a luy; & durant cest terme il est Tenant per Elegit.
Sil soit ousta deins le t'me, il avera Assise [...] Novel Disseisin, & apres un Redisseisin, si besoigne soit; & cest done p [...] r le Statute de West. 2. c. 18.
Et per l' equitie de mesme l'Statute, celuy q̄ ad c̄ Estate, sil soit ousta, avera assise & Redisseisin, si besoigne soit. Et [Page 323] auxy sil face ses Executors, & devie, & ses Executors entront, & puis soyent oustes, ils averont tiel Action come luy mesme. Mes sil soit ouste, & puis fait ses Executors, & devie, ses Executors puront enter; & sils soient estoppes de lour Entrie, ils averont ū Br̄e de Trespass sur lour Case.
Sil face Waste en tout le Tr̄e, ou ē parcel, lauter avera envers luy maintenant un Br̄e judicial hors [...] le primer Recorde, appelle Venire facias ad computandum, per force de quel serra inquise sil ad levie touts les deniers, ou parcel; & sil nad levie les deniers, donques serra inquise a quant le Waste amount; & si le Waste amount si non a parcel, donques tants des deniers que le Waste amounte serra abridge de les suisdits deniers queux fueront destre levies. Mes sil ad fait pluis Waste q̄ l' avantdit summe d' argent que fuit estre levie amount, lauter serra discharge maintenant de touts les deniers suisdits, & recovera le Terre. Et p̄ la superfluitie [...] Waste fait ouster le dit summe, il recovera ses dammages single. Mesme le Ley est de les Executors, & de cestuy que ad son Estate.
Ou si le Dettor soit satisfie ꝑ foder de Coals, Lead, Tyn, ou auters casual ꝓfits.
[Page 324] Vide Stat. 32 H. 8. c. 5 Si touts les terres extend sont evict del Debtor ꝑ mieulx title, il poit prender novel execution, Co. 4 Rep. 66.
Sil a [...] en ē fee, ou a terme ꝑ vie, ou ē taile, tout le Tr̄e ou parcel de le Tr̄e q̄ il tient ꝑ E [...] egit, si l Alienatiō soit fait deins le terme ou ap̄es, cestuy que ad droit avera vers luy un Assise de Novel Disseisin. Et covient que ils soient mis en l Assise ambid [...] ux, auxybien l' Alienor come l' Alienee: & non obstant que l'Alienor devie mai [...] tenant, uncore cestuy que ad droit avera vers l' Alienee sole Assise, cōe sil ust este son simple Te [...] āt a term [...] ans Et ceo est ꝑ l'equitie del Statute de West. 2. cap. 25. pur ceo que il ad forsque Chattel en effect. Et mesme l' Ley est de ses Executors, & de cestuy que ad son Estate cōe est s [...] sdit.
En Elegit, si le Viscount retourne que le partie avoit riens jour de la Recognisance fait, mes que il purchase Terres puis le temps; adonq̄s le Plaintiff avera novel Br̄e de aver Execution de ceo. Mesme le Ley est sur un Statute-Merchant.
Apres le Fieri facias un home poit aver le Elegit, [...] es non c [...] nt', [...] ntant que Elegit est [...] pluis hault nature que le Fieri facia [...] .
Si home recover per Briefe de De [...] & sue un Fieri facias, [Page 325] & le Viscount return que le Defendant nad riens dont il poit fair Gree a le partie; donques le Plaintiff avera un Elegit, ou un Capias sicut alias, & Pluries. Et si Viscount returne a le Capias, Mitto vobis Corpus, & il nad riens dont il poit fair̄ gree al partie; il serra maund al gaole del Fleet, & illonques demurre tanque il ad [...] ait Gree al partie: & si le Viscount returne Non est inve [...] tus, adonques issera l' Exigent envers luy.
Nota, Que en Brief de Det port devers Parson, q̄ nad rien de Lay-fee, & le Viscount returne que il nad riēs per que il poit estre summon̄; adonques le Plaintiff suera Brief al Evesque, que il face v [...] ner son Clerk, & l'Eves (que) luy ferra vener per Sequestration del Esglise.
Et si home port Brief de Det, & recover, & face ses Executors, & devie; ils naveront Execution, non obstant que il soit deins l' an, per un Fieri facias.
Est un aut' so [...] t [...] Elegit for adjudgant [...] execution envers Terr-Tenants, Quel El [...] git recite les Terres enve [...] queux execution est adjudge & maund al Viscou [...] deliver al Creditor un moyety de ceux terres & rien enc̄ est mention des biens ou chateaux come en auters Elegits.
Elopement.
ELopement est, quant feme espouse departa de son baron ove un Adulterer, & ove le Adulterer demurra, sans voluntarie Reconcilem̄t a sa baron, per ceo el perdra sa Dower, per le Statute de Westm. 2. cap. 34. Sur que cest veil Verse,
Emblements.
EMblements sont les Profits de Terre q̄ ad estā semy; & en ascuns cases cestuy que ceo emblea eux avers. & en ascuns nemy. come si Tenāt pur vie emblea le Terre, & apres morust, les Executors del Tenant pur vie avera les Emblements, & nemy cestuy en Reversion.
Mes si Tenant pur ans emblea le Terre, & devant que il ad sever, son terme expire; ore le Lessor ou cestuy ē Reversion avera les Emblem̄ts. Si un disseise moy, & succide les Emblem̄ts cressans sur le Terre, & puls jeo re-enter; jeo avera Action de Trespasse verts luy pur les Emblements: mes si mon Disseisor fait [Page 327] Feoffment en fee, ou lessa le Terre dont il moy disseisist, & le Feoffee ou Lessee prist les Emblesments, & puis jeo re-enter; jeo navera Trespasse Vi & armis vers eux queux veignont eins per Title, mes vers mon Disseisor, Cok. lib. 11. fol. 51.
Si feme Copiholder, durante Viduitate sua, solonque le Custome del Man̄or, emblea le Terr̄, & devant le severāce des Emblem̄ts el prist baron; le Sn̄r avera les Emblements. Issint si feme seisie de Terre durante Viduitate fait un Lease pur ans, & l [...] Lessee emblea le Terre, & puis la fem̄ prist baron; ore le Lessee navera les Emblements, coment que son Estate est determine ꝑ l'act [...] un estranger.
Et niēt obstāt q̄ est communem̄t tenus ē nostr̄ Livr̄s. Que si home lessa Terres a volunt, & puis le Lessee emblea le Terre, & puis le Volunt est determine, que le Lessee avera les Emblements; uncor̄ si le Lessee luy mesme determine le Volunt devant le severance des Blees, il navera les Emblements. Veies Cok. lib. 5. fol. 116.
Embrasour, ou Embraceour.
EMbrasour, ou Embraceour, est celuy que, quant un [Page 328] matt' est ē trial ꝑent' ꝑtle & ꝑtie, vient al Barre ove ū [...] l ꝑties, (ayant receive ascun Reward pur issint faire) & ꝑle en le case, ou privim̄t labor le Jurie, ou estola la pur surveier ou surview eux, per cest meanes de mitter eux en pavor & dout del matt'. Mes hōes erudite ē Ley polēt ꝑler en le case p̄ lour Cliēts.
Emparlance.
EMparlance est, quant home esteant a responder al Action ou Suit, pria ascun temps de Respite, de luy mesme adviser le meux que il respondera: & nest aut' forsq̄ Continuance del Cause al un jour ouster.
Et coment le Plaintiff (en Ban [...] e le Roy) apres le Bar [...] e plede, ad jour de reply deux ou trois Termes ap̄s; uncor̄ nul mention serra fait en le Rolle [...] ascun Em ꝑlance ou Continuance, mes l' Entry serra generalment, & entēd [...] estr̄ mesm̄ le Term̄. Mes auterm̄t est de un Barre, car ceo containe [...] Imparlāce ou Continuance, & est en tiel forme: Et modo ad hunc diem, scilicet, diem Veneris &c. isto eodem Termino, us (que) ad quem diem praedictus A habuit licentiam interloquendi, &c.
[Page 329] Mes nul tiel Entrie est la fait sur ascun Replication ou Rejoynder. Veies Cok. lib. 5. fol. 75.
Brit. cap. 5 [...] . usa cest ꝑol pur le Conference [...] un Jurie sur le Cause a eux commise.
Est un special Imparlance auxi pur un Defendant salvis sivi omnibus & omnimodis exceptionibus ad breve & narrationem, ou ad billam, Quel est use lou le Defendant doit plede ascun matters queux ne poient estre plede puis general Imparlance.
Encheson.
ENcheson est un ꝑol Francois mult use ē les Livres de nr̄e Ley, cōe ē le Statute 50 E. 3. cap. 3. & signifie tant come Occasion, cause, ou reason pur que ascun chose est fait. Issint est use ꝑ Stamford, lib. 1. cap. 12. en son description dun Deodand.
Encrochment.
ENcrochment venust [...] l parol Franco [...] s Acrocher, id est, Apprehendere: Et signifie un Illoyal gainer sur le droit ou possessiō [...] un aut'. Et issint un Rent est dit estr̄ encroch, qn̄t le Sn̄r per coercion del Distres [...] e ou auterment compel le Tenant pur paier plus Rent que besoigne, ou que [Page 330] doit. Veies Bucknal's Case, 9 Rep. fol. 33. Issint quant home mist son Hay ou Mure en le terre son vicine que gist prochein a luy, il est dit pur incrocher sur luy.
Enditement.
ENditement venust del Francois Enditer, id est, Indicare. Et est un Bill ou Declaration in forme del Ley, exhibit ꝑ voy del Accusatiō vers hōe pur ascun Offence ou criminal ou penall, & preferre as Jurors, & per lour Verdict trove & presentus destre voyer devant ū Judge ou Officer que ad poyar de punier ou certifier l' Offence.
Endowment.
ENdowment (Dotatio) signifie properm̄t le Doner ou assurer del Dower al fem̄. Mes est ascun foits use ꝑ un Metaphor pur le Mitter hors ou severance dun suffieient part ou portion al un Vicar pur son perpetual maintenance, quant le Benefice est approprie. Et issint est use en les Statutes 15 R. 2. cap. 6. & 4 H. 4. cap. 12.
Endowment de la pluis belle part.
ENdowment de la, &c. est, quant un home morust seise de ascun Terres tien en Chivalry & de auters ē Soccage, la Vidue est accōmode de sō Dower ē les Tr̄s tiem en Soccage, come le pluis belle part. Veies Littl. lib. 1. cap. 5.
Enfranchisement.
ENfranchisement est, quant hōe est ēcorporate ē ascun Societie ou Corps politiq̄. Issint si Alien nee soit fait Denison [...] Angleterre, il est dit destre enfranchise; & cestuy q̄ est fait un Citizen de Londres, ou aut' Ville Corporate; pur ceo que il est fait ꝑnour de ceux Franchises queux appent al Corporation en que il est enfranchise.
Et quānt home est enfranchise ē un Citie ou Borough, il ad Frank-tenement en son Freedom pur son vie, & ove auters en lour politique capacitie, ad Enheritance en les Terres del dit Corporation: pur que le matter que serra cause [...] son Dis-infranchisement covient estre un Act ou fait, & nemy Conation ou enterprise, dont il poit repent devant l'Execu [...] ion [...] ceo. Et que serra sufficient [Page 332] cause de dis-infranchiser un Frank home, & que nemy, veies Cok. lib. 11. en Bagg's Case, fol. 98.
Englesherie.
ENglesherie, ou Englecerie, est un veil parol, q̄ riens aut' imply fors (que) destr̄ ū home Anglois: Car en aunciēnt tēps, come appiert ꝑ Bracton, lib. 3. Tract. 2. cap. 15. fol. 134. si ū home ad este tue ou murdre il fuit account destr̄ Francigena; quel ꝑol emplia chesc' Alien, jesque Englesherie fuit prove, ceo est, jes (que) il fuit fait manifest que il fuit un home Anglois: Le commencement de quel fuit tiel:
Kanutus, le Roy des Danes, ayant establie son Estate cy en peace, al prier de nostre Barons discharga le Terre de ses Armies, en que il reposa son greinder safetie, sur cest condition, Que les Barons voilent doner consent a un Lev, Que quecunque tuera un Alien, & fuit attache, & ne puit luy mesm̄ acquiter, serroit subject al Justice: Mes si le Homicide escap [...] , le Ville ou le home fuit [...] forfeitera 66. Merques al Roy: & si le Ville ne fuit able de ceo paier, donque le Hundred forfeitera & paiera ceo al Trea ure le Roy: & ouster, Que chescun home murdre [Page 333] serroit account Francigena, sinon que Englesherie fuit prove; & coment il serroit ꝓve, veies Bracton ē mesme le chap. num. 7. Aux' veies Horn's Mirrour de Justices, l. 1. cap. đl Office del Coroner, & Fleta, l. 1. c. 30. Cest Englisherie, p̄ les abuses & torts q̄ fuerōt enap̄s ꝑceive a surđ đ ceo, fuit tout ousterment abolish ꝑ Statute Anno 14. E. 3. c. 4. Veies Coke, l. 7. f. 16. Calvins Case.
Enheritance.
ENheritance est tiel Estate en Tr̄es ou Tenem̄ts, ou autres choses, q̄ poēt estre inherit ꝑ le Heir; soit ceo d'Estate ē Fee-simple, ou Taile, ꝑ Discēt d'asc' đ ses Ancest', ou ꝑ son Purchase demesne.
Et est divide en Enheritance Corporate, & Enheritance Incorporate.
Enheritance Corporate sont Mesuages, Terres, Prees, Pastures, Rents, & tiels semblables, que ont substance en eux mesmes, & point continuer tout temps: Et ceux sont appel choses Corporal.
Enheritance Incorporate sōt Advowsons, Velleines, Ways, Com̄ons, Courts, Piscaries, & tiels sēblables, q̄ sōnt ou poient estr̄ ap ꝑendant ou appurtenāt al Enheritance Iocorporate.
Enitia pars.
ENitia aut Einecia pars est ceo Part que, sur Partition enter Coparceners, eschue al eigne Soer ou eigne Coparcener, cōe appiert ꝑ Littleton, sect. 245. Est appeile Enitia pars del parol Francois Eigne ou Aisne, id est, Primogenitus.
Enquest.
ENquest est ceo Inquirie q̄ est fait ꝑ Jurors en touts Causes civil ou criminal touchant le matter en Fait. Et tiel Enquest est ascun foits ex officio, queux font appells Enquests [...] Office & sont traversable, & ascun foits ex prece partium. Cest parol est use en les Statutes de 25 E. 3. c. 3. 28 E. 3. c. 13. & fere en touts Statutes queux parlont des Trials per Jurors.
Entendment.
ENtendment est un common parol en nr̄e Ley, quant ascun chose est en aurust, donque ꝑ Entendment il serra ascun foits fait bone. Come si Inquisitiō soit trove devant le Coroner, q̄ un [...] ōe fuit murdre al A, q̄ est un Franchise, & nest dit en le Inquisition al [Page 335] A deins le Franchise de A, uncore ceo serra bone ꝑ Extendment; car ꝑadventure le Franchise poit exten [...] ouster le Ville, mes q̄ le Ville mesm̄ serra presume destre hors del Franchise [...] l Ville, est ū captious construction: p̄ q̄ l'Inquisition serra bone per Entendm̄t. Coke l. 5. f. 121. Veies Kitch. f. 224.
Enterpleader.
ENterpleader est, quant en ascun Cause un chose eschia q̄ de necessitie doit estre discusse devāt le principal Cause poit estre determine: Pur example, Deux ꝑsons sont trove Heire al Tr̄e ꝑ deux several Offices en un Countie, ꝑ ceo le Roy est en aurust a q̄ il serra Liverie, p̄ quel cause, devant q̄ Liverie soit fait, il voile eux aver enterpleader, & ꝑ ceo determine que est le droit Heir. Veies Coke l. 7. f. 45. Stam. Prer. c. 19. Brooke, tit. Enterpleader.
Auxi est un auter sort de Enterpleder en detinue en diverse cases queux veies en Rast. Entr. 213.
Entire Tenancie.
ENtire Tenancie est ceo que est contrarie al Several Tenancie, & implie un Sole possession en un hōe, ou laut' [Page 336] impiia Joynt ou common en plusors. Veies Brooke, Several Tenancy, & le Ve [...] l Livre de En [...] ries, south cest Title.
Entre.
ENtre est, lou un home enter en ascun Tr̄es ou Tenements, ou prist possession [...] ceux.
Auxy sont divers Br̄es d' Entre quex sont en divers manners. Un est Br̄e d' Entre sur Disseisin. que gist lou home est disseise, il ou son Heir l'avant dit Brief avera vers mesme le Disseisor, ou asc' auter apres Tenant del Terre. Et si le Disseisor alien, ou devie seisie, donques le Br̄e d' Entre serra vers l'Heir ovesq̄ l'Alienee ē le Per; cest adire, ē q̄ le Tenant non habet Ingressum nisi per tiel, nosmant le Disseisor, q̄ luy avoit disseisie, &c.
Si l'Hier ou Alienee devie seisie, ou aliena al auter, donques le Br̄e serra en le Per & Cui; cest adire, en q̄ le Tenant non habet Ingressum nisi per tiel (nosmant l'Heire ou l' Alienee del Disseisor) cui tiel (nosmant le Disseisor) il dimisit, q̄ luy ꝑ tort disseisie, &c.
Et si Tr̄e soit convey ouster al plusors, ou si le primer Disseisor soit disseisie, donq̄s le Br̄e d' Entre serra ē le Post; cest adire, q̄ le Tenant non [Page 337] habet Ingressum nisi post Disseisinam, quel le prim̄ Disseisor fait al Demandant ou son Ancestor. Veies Entre en le Per.
Entre en le Per, Cui & Post.
BRief d' Entre en le Per gist lou hōe est disseise [...] son Frank-tenement, & le Disseisor alien, ou devie seisie, & son Heire entra, donques le Disseisee ou son Heir avera le dit Br̄e vers l'Heire le Disseisor, ou vers l'Alienee le Disseisor; mes vivant le Disseisor, il poit aver Assise, si il voile, & le Br̄e d'Entre dirra, In quod A non habet Ingressum nisi per B, qui illud ei dimisit, qui inde eum injuste disseisivit, &c. Mes si le D [...] sseisor alien, & l'Alienee devie seisie, ou alien ouster a un aut', ou si le Disseisor devie, & son Heire entra, & celuy Heire aliena ou devie, & son Heire entra; Donques le Disseisee ou son Heire avera Br̄e d' Entre sur Disseisin en le Per & Cui, & le Br̄e dirra, In quod idem A non habet Ingressum nisi per B, cui C illud ei dimisit, & inde injuste, &c.
Brief d'Entre en le Per & Cui serra mainteinable vers nulluy, me lou le Tenant soit eins ꝑ Purchase ou per Discent: Car si l'Alienation ou Discent soit devenus hors des Degrees, sur quel nul Br̄e [Page 338] poit estre sait en le Per, ne en le Per & Cui, donques serra fait ē le Post, & le Br̄e dirra, In quod A non habet Ingressum nisi post Disseisinam, quam B inde injust [...] , & sine judicio fecit praef. N. vel M. proavo N. cujus haeres ipse est.
Auxy sont cinque choses q̄ mittont le Br̄e d' En [...] re hors des Degrees; cest adire, Intrusion, Succession, Disseisin sur Disseisin, Judgment, ou Escheat.
1. Intrusion est, quant le Di [...] e [...] sor d [...] vie seisie, & un estranger abata.
2. Disseisin sur Disseisin est, quant le Disseisor est Disseisie, ꝑ ū aut'.
3. Succession est, lou le Disseisor est un home de R [...] ligion, & devie, ou est depose, & so [...] Successor entra.
4. Judgment est, quant un recover vers le Disseisor
5. Escheat est, quant le Disseisor devie sans Heire, ou fait Felonie, per q̄ il est attaint, ꝑ q̄ le Seignior entra come ē son Escheat.
En touts ceux cases le Disseisie ou son Heire navera Brief d' Entrie deins les degrees ē le Per, mes en le Post, p̄ ceo q̄ en ceux cases ils ne sont eins per Discent, ne per Purchase.
Entre ad Communem Legem.
AUxy il y ad un Brief del Entre ad Communem Legem, & gist lou Tenant a terme de vie, Tenant a terme d'auter vie, Tenant ꝑ le curtesie, ou Tenant en Dower, alien & devie; celuy en le Reversion avera cest Br̄e devers quecunque q̄ soiteins apres en le Tenement.
Entre en Casu proviso.
BRief d' Entre en casu proviso gist, si Tenant en Dower alien en Fee, ou p̄ terme de vie, ou p̄ aut' vie, vivant le Tenant en Dower; celuy en le Reversion avera cest Br̄e, q̄ est purview ꝑ le Statute de Gloc. c. 7.
Entre in Casu consimili.
BRief de Entre in Casu consimili gist, si Tenant pur vie ou Tenant pur la curtesie alien en Fee; celuy en le Reversion avera cest Brief per l'Stat. de West. 2. cap. 24.
Entre ad terminum qui praeteriit.
BRief de Entrie ad terminum qui praeteriit gist, si un home lessa Terres a un auter pur terme de ans, & le Tenant tient ouster son terme; le Lessor avera cest Brief.
Et si Terres sont lesses a un home p̄ terme d'aut' vie, & cestoy p̄ que vie les Terres sont lessees devie, & le Lessee tient ouster; donques le Lessor avera cest Brief.
Entre sine Assensu Capituli.
BRief de Entre sine Assensu Capituli gist lou un Abbe, Prior, on tiel que ad Covent ou common Seal, aliena Terres ou Tenements del droit de son Esglise, sans le Assent del Covent ou Chapter, & devie; donques son Successor avera cest Brief.
Entre causa Matrimonii praeloquuti.
BRiefe de Entre causa Matrimonii praeloquuti gist ou Terres ou Tenements sont done a un home sur condition, que il prendra la [Page 341] Donour a sa feme deins certein temps, & il ne luy espousa deins la dit temps, ou espouse aut' feme, ou luy fait Priestre, ou enter en Religion, ou luy disable issint que il ne puit luy prender, accordant a le dit Condition; donques la feme Donour & ses Heirs avera le dit Brief vers lui, ou vers quecunque est eins en le dit Terre. Mes cest Condition doit estre fait per Endenture, auterment cest Brief ne gist. Et touts ceux & auters Briefs [...] Entre poient este fait en le Per, Cui, & Post.
Entrusion.
ENtrusion est un Brief que gist lou Tenant pur vie devie seisie de certain Terres ou Tenements, & un Estrange entra; celuy en ia Reversion avera cest Brief vers l'Abator, ou quecunque que soit eins apres lour Entrusion.
Auxy un Brief de Entrusion serra maintainable pur le Successor de un Abbe vers l'Abator, que enter en ascun Terres ou Tenements Tempore vocationis que appent a la Esglise, per le Statute de Marlebridge, cap. u [...] timo.
Et il semble que le difference perenter un Entrudor & un Abator est en ceo; Que un Abator est celuy que entra [Page 342] en Terres void per le mort de un Tenant en Fee, & un Entru [...] or est celuy que entra en Terres void per le mort de un Tenant p̄ vie ou ans. Veies F. N. B. fol. 203.
Entrusion de Gard.
ENtrusion de Gard, est un Brief que gist ou le Heir deins age entra en ses Terres, & tient hors son Seignior; car en ti [...] l case le Seignior navera le Brief de commun. Custodia, mes cest Brief de Entrusion [...] Gard. Veil. N. B. fol. 90.
Enure.
ENure signifie Prendre place ou effect, estre available. Come un Release enura per voy d'Entinguishment. Lit. Ca. Release.
Equitie.
EQuitie est en deux manners, & ceux de contrarie effects; car un abri [...] ge & [...] ol le letter del Ley, l' auter enlarge, & adde a eo.
Le primer est issint define; Equilas est Correctio Legis generatim latae qua parte deficit; le quel Correction del general [...] ols est mult use en nr̄e [Page 343] Ley. Sicome pur exampleo Quant Act de Parliament est fait, quecun (que) q̄ fait tiel act serra Felon, & serra mise al mort; uncor̄ si home de Non sane memorie ou Enfant que nad discretion le fait, is ne serront Felons, ne mise al mort.
Auxy si Statute soit fait, Que touts persons que receiveront, ou donerōt maunger ou boyer ou aut' aid a cestuy que fera tiel act, serront accessary a son Offenc, & serront mise al mort, si ils conusteront del fact; uncor̄ l'un fait tiel act▪ & veigne a sa proꝑfem̄, q̄ sciāt ceo luy receive, & done maunger & boyer a luy; el ne serra Accessary, ne Felon; car ꝑ le generalitie [...] les dits parols cestuy de Non sane memorie, Enfant, ne feme fueront enclude en Entent de Ley.
Et issint Equitie correct le generaltie del Ley ē ceux cases, & les parols generals sōt ꝑ Equitie abridge.
Laut' Equit [...] e est defin̄ estre un Extension des parols de la Ley al Cases non exprimez, ayant neantmoins la mesm [...] raison. Ainsi qn̄t les parols enact un chose, ils enact touts choses que sont ē semblables degrees. Sicōe le Statute que ordeigne, Que en Action de Det vers Executors, cestuy que vient per Distresse respondera, extenda per Equite al Administratours; car cestuy de [Page 344] eu [...] que vient primes ꝑ Distresse, respondera per Equitie del dit Act; quia sunt in aequali genere.
Issint le Statute de Gloucester done l' Action de Waste & le Punishment de ceo vers cestuy que tient pur vie ou ans; & per l' Equitie de ceo home avera Action de Waste vers cestuy que tient sorsque pur un an ou demy an, uncore ceo est hors del parols del Statute; car cestuy que tient sorsque pur demy an ou un an, ne tient pur ans; mes ceo est l' entent, & les parol: quel enact l'un, per Equitie enacteront l' auter.
Errant.
ERrant, id est, Intinerans, ven [...] st del parol Francois Errer, id est, Errare, ou del vieux parol Erre, id est, Iter; & est appropriate as Justices que alont en Circuit, & as Bailies a large, que pur ceo sunt appelle Justices Errants, & Bailies Errants, eo q̄ ils alont & travailont del un lieu al auter, l' un pur faire Justice, & auter per executer Proces. Veies Eire.
Error.
ERror est un Fau [...] t en un Judgment, ou en le Proceste [Page 345] ou Proceeding al Judgment, ou ē Execution sur ceo en Court de Record; quel Fault en le Civil Ley est appel ū Nullitie. Auxy Error est le nosm̄ [...] ū Brief, & gist lou Judgm̄t est don̄ ē le Com̄on Banke, ou devant Justice en Assise, ou devant Justice de Oyer & Terminer, ou devāt le Maior ou Viscoūt de Londres, ou en aut' Court de Record, contra le Ley, ou sur undue ou male Proces; donques le ꝑtie grieve avera cel Brief, & ꝑ ceo causera le Record & Proces destr̄ remove devāt les Justices de Bank le Roy; & ia fil Error soit trove, il serra reverse. Mes si erroneous Judgment soit done en Bank le Roy, donques il ne poit este reverse forsque per Parliament, tanque le Statute 27 Eliz cap. 8.
Auxy si tiel Default soit en Judgment don̄ ē Court q̄ nest de Record, com̄ en Countie, Hundred, ou Court-Baron, donque le ꝑtie avera Brief de Faux Judgment, pur faire le Record vener devant Justice de Com̄on Bank. Auxy si Error soit trove en i'Exchequer, il serra redresse per le Chauncelor & Treasurer, ut patet ꝑ Statute Ed. 3. an. 31. c. 12 & 31 Eliz. c. 1.
Est auxi un aut' breif d'error sur Judgm̄t en Bank le Roy: Et cest ou le Plaint' voil assigne matter ē fait pur Error. Et c̄ gist ē mesme le Court car [Page 346] cest Court poit redress lour errors ē fait (mes nemy lour lour Errors en ley) mes le Court de Com. B. ne poit issint fair.
Escape.
EScape est, lou un que est arrest deveigne a son liberty devant que il soit deliver ꝑ Agard de ascū Justice, ou ꝑ order de Ley.
Escape est en deux sorts; voluntarie & negligent.
Voluntarie Escape est, qn̄t un arrest auter pur Felonie ou auter crime, & puis celuy en que custodie il soit luy lesser aler lou il voit.
Et si l'Arrest fuit pur Felonie, ceo serra dit Felonie ē cestuy que luy lesser [...] escaper; si pur Treason, il serra Treason en luy; & si pur un Trespasse, donque Trespasse; & sic d [...] singulis.
Quant un est arrest, & puis escape encounter le volunt de cestuy que luy arrest, & ne foit freshment pursu [...] , & reprise devant que le pursuor perdra le view de luy; ceo serra dit negligent Escape, non obstant que cestuy hors de que possession il escape luy reprist apres le vieu perdu. Aux y si un soit arrest, & puis escape, & est a son libertie, & cestuy en que garde il fuist luy reprise apres, & luy amesne [Page 347] a le prison; uncore il est Escape en luy.
Si un Felon soit arrest per le Constable, & amesne a le Gaol en le Countie, & le Gaoler ne voit luy receiver, & le Cōstabl luy demit, & le Gaoler auxy, & issint il escape; cest est un Escape en le Gaoler pur ceo q̄ en tiel case le Gao [...] er est tenus de luy receiver per le main del Constable, sans ascun Precept de le Justice de Peace Mes auterm̄t est, si un com̄on ꝑson arrest auter pur suspicion de Felony, la le Gaoler nest tenus de luy receiver sans Precept de ascun des Justices de Peace▪
Il y ad un E [...] cape auxy sans Arrest: come si Murder soit fait en le jour, & le Muderer ne soit prise, d [...] n (que) il est Escape, pur que le Ville ou le Murder fuit fait serra amercie.
Et est destre observe, Que home poit estre dit [...] escaper, nient obstant q̄ il touts foits remain en Prison. Come, si home soit en Prison sur deux Executiōs a Suit de deux several homes, & l' ancient Viscount deliver ouster cest Prisoner al novel Viscount ꝑ Indenture, accordant al usual manner, & en le dit Indēture ne fait ascun mentiō [...] un des dits Executions, cest Omissiō serra dit ū Escape ē Ley immediatment, p̄ que le ancient Viscount respondera, nient [Page 348] obstant que l' Execution fuit matt' de Record, de que le novel Viscoūt puit aver prise notice. Mes aut'm̄t est lou l'anciēt Viscount morust, car en tiel case coviēt al novel Viscount a sō peril de prēder notice de tout les Executions que sont vers ascun person que il trova en le Gaole: Mes en le dit case, ou le Viscount morust, & devant que auter est fait, un que est en Execution enfreint Ie Gaole, & depart a large, ceo est nul Escape; car qn̄t un Viscount morust, tout les prisoners sont en le custodie del Ley, tanque novel Viscount soit fait. Veies Co. lib. 3. fol. 72.
Si le Viscount, sur un Capias ad satisfaciendum a luy direct, fait Retorne Quod cepit Corpus, & uncore nad le Corps en Court al jour de le Retorne; le Plaintiff poit aver son Action vers le Viscount pur l' Escape, nient obstant que le partie issint prise soit en le Gaole. Veies 7 H. 4. 11. Br. 107.
Escheat.
EScheat est, lou un Tenant en Fee-simple face Felonie, pur que il pendue, ou abjure le Realme, ou utlage de Felonie, Murder, ou Pe [...] it Treason, ou si le Tenant morust sans Heire general ou special; donque le Sn̄r [Page 349] de que le Terre est tenus ꝑ le Tenant poit enter ꝑ voy de Escheat; ou si ascun auter home enter, le Seignior avera vers luy un Brief appel Brief de Escheat.
Escheator.
EScheator est le nosme del Officer que regarda les Escheats del Roy en l'Countie de que il est Escheator, & certifia, ceux en le Exchequer. Cest Officer est designe ꝑ le Sn̄r Treasurer, & ꝑ Letters Patents de luy, & continua en son Office fors (que) un an; ne (que) poit asc' estr̄ Escheator fors (que) un foits en trois ans. Anno 1. H. 8. cap. 8. & an. 3. ejusdem, cap. 2. Veies pluis de cest Officer & son authority en Cromptons Justice de Peace. Veies An. 21 Edw. 1. Le forme del Serem̄t del Escheator veies en l' Reg. orig. fol. 301. b. Et l Escheator est un Officer de Record, & puit ordein un south-Escheat cōe le Visc' poit un south-Vise'; unc' l' Escheator ne poit returne asc' Office virtute Officii, mes il serra punie. Veies F. N. B. fol. 100. Officium Escaetriae est l' Escheatorship. Reg. orig. fol. 259.
Eschequer.
ESchequer Scaccarium venust del ꝑol Francis Eschequier, id est, Abacus, q̄ en un signification est prise p̄ un Counting Table, ou pur l' art ou science del Compt'. Et de ceo (cōe ascuns pensoient) le lieu ou Court des Receits ou Accounts des Revenews del Corone est appel l' Eschequer. Auters ont auterm̄t derive le nosme de ceo. Mes l' Eschequer est define per Crompton en son Jurisd. des Courts, fol. 105. destre un Court del Record, en q̄ touts les Causes que concern̄ les Revenews l' Corō sōt tracts.
Escrowle.
UN Escrow est un fait deliver al tierce person d'estre le fait del party sur future condicion, Et est appell en Latine Schedula. Rast. Entr. fol. 181.
Escuage.
EScuage, en Latine Scutagium, cest adire, Servitium Scuti, & cestuy que tient per Escuage, tient per Servic [...] de Chival; & a ceo appēt Gard, Marriage, & Relief, &c
Mes veies le Stat. 12 Car. [Page 351] 2. cap. 24. p̄ abolishing le Court de Gards & Liveries, & turning touts les Tenures en frank & com̄on Soccage.
Escuage fuit un certein Summe de Argent levie ꝑ le Sn̄r de ses Tenants, solonque l' quantitie de son Tenure, qn̄t l' Escuage courge per tout Angleterre, & fuit ordeigne per tout le Council d' Angleterre, qn̄t chesc' Tenant don̄a a son Sn̄r; & ceo fuit properm̄it pur susteiner le Guerr̄ cōtre Escoce ou Gales, & nō pas cōtre aut's Tr̄s, pur ceo q' les avantdit Tr̄s serrōt de droit appendāt a le Realm̄ d' Angleterre. Vide Lit. l. 2. c. 3.
Eslisors.
SOnt persons nominate ꝑ ū Court del com̄on Ley, al queux un venire facias serroit direct (ꝑ challeng al Viscount & Coroners; queux retorne le br̄e en lour nosmes ove, un pannel ces nosmes des Jurors. 15 E. 4. 24. fol. 4.
Esnecy.
ESnecy ē un im̄unitie don̄ al pluis eigne Coparcen̄, de Eslier primerment puis l' Inheritance est divide. Flet. l. 5. c. 10.
Esplees.
ESplees est le Profit ou Commoditie que est a prender dun chose: Come de un Common, l' prender đl Grasse ꝑ les bouches de les Beasts que cōmon la; de un Advowson, le prenđ de gros Dismes per le Parson; de Bois, ie vender de Bois; d'un Orchard, le vender de Pomes & auters Fruits cressant la; d'un Molin, le prisel de Tolle, sont les Esplees, & de tiels semblables. Et nota, que en Brief de Droit de Terre, Advowson, ou tiels semblables, le Demaundant doit alledge en son Count, que il ou ses Auncestors prise les Esplees đ chose ē demād▪ auterment l' Count nest bon̄.
Essendi quietum de Tolonio.
ESsendi quietum de Tolonio, est un Brief destre quit đ Tolle, & gist en case ou les Citizens ou Burgesses de ascun Citie ou Borough ount estr̄ quit de Tolle ꝑ Graunt des Progenitours del Roy per tout le Royalme, ou per Prescriptiō; donque si asc' hōe des dits Cities ou Boroughs veignōt oves ses Merchādises a asc' Ville, Fair, ou Market, & la eux mitt' a vender, [Page 353] ou achatont ascuns Merchandises, si les Officers del di [...] Ville voile demaunder ascun Tolle de luy encount' l'Charter le Roy, ou encounter le Usage & Custome, il puit suer & aver tiel Br̄e. F. N. B. f. 226. Regist. orig. fol. 258.
Essoine.
Essoine: Lou un Action est port, & le Plaintife ou Defendant ne poit bien appear̄ al jour en Court pur un de cinque causes desouth expresse, il serra Essoine de saver son Default.
Sont cinque mann̄s de Essoines: cest adire, Essoine, De ouster le mere, ꝑ quel le Defendant avera jour per xl. jours.
Le second est, De terrae sancta, & sur ceo le Defendant avera jour per un an & un jour; & ces deux serront gist al commencement del Plee.
Le tierce Essoine est; De male vener, & ceo serra adjourne al common jour, come Action require; & cest appel' le Common Essoine: & quant & coment cest Essoine serra, veies les Statutes, & Livre de Abridgement de Statutes, lou il est bene declare.
Le quater est, De malo lecti, & ceo est solement en Brief de Droit, & sur ceo [Page 354] issera Brief hors del Chauncerie direct al Viscount, que il mandera quat' Chivalers de veier le Tenant, & sil il soit mala [...] , de don̄ a luy jour ap̄s un an & jour.
Le cinq' Essoine est, De service del Roy, & gist en touts Actions, forsque en Assise De Novel Disseisin, Brief de Dower, Darreine presentment, & en Appeal de Murder: mes en cest Essoine il covient al jour de monstre son Garrant, ou auterment il turnera a un Default, si soit en Plee real: ou auterment il perdera xx s. pur le journey, ou pluis per le discretion del Justice, si soit en Plee personel, ut patet per le Statute de Gloucest. cap. 8.
Essoino de malo lecti.
ESsoine de malo lecti, est un Brief direct al Viscount, pur le mitt' quat' loyal Chivaliers a veyer un que ad essoin luy mesme De malo lecti. Reg. Orig. fol. 8. b.
Establishment de Dower.
EStablishment de Dower. semble destre l' Assurance de Dower fait per le Baron ou ses amies devant ou al temps del Espousels: Et Assignment de Dower est le Mittant ceo hors per le Heire [Page 355] ap̄s, accordant al Establishment. Brit. cap. 102, 103.
Estandard.
EStandard ou Standard implia ū Ensigne en l' guerre; mes est auxy use p̄ le prlm̄ ou Certaine Measure del Roy, ꝓprortion del que touts les Measures per le Terre devoient estre fait per le Clerke del Market, Aulneageor, ou auter Officer, accordant a lour Function.
Car il fuit estable ꝑ Magna Charta, an. 9 H. 3. ca. 25. que la serroit forsque un Assise de Poys & Measures per tout le Royalme; le quel est jammes confirme ꝑ An. 14 Ed. 3. c. 12. & plusors aut's Statutes; cōe auxy que touts serroyent fait al Estandard seale ove le Seale le Roy
Et bone cause la est que il serroit appel Estandard, p̄ ceo que il estoia constant & immove, & ad touts auters Measures vient a icel pur lour conformitie; en mesme le man̄er come Souldiers en le champe ont lour Estandard ou Colours pur lour direction en lour March ou Battel. De eux Estandards & Measures lies Brit. cap. 30. Veies le Stat. 17. Car. 1. c. 19.
Estate.
EState est cel Title ou Interest que home ad en Terres ou Tenements; come Estate simple, auterment appell Fee-simple, & Estate Conditional ou sur Condition; que est ou sur Condition en Fait, ou sur Condition en Ley. Veies Littl. lib. 3. cap. 5.
Estoppel.
EStoppel est, quant un est conclude & denie en Ley [...] [...] arlar encounter son act ou fait dem̄, nient obstant il soit p̄ dire le veritie.
Et de Estoppels il y ad un grand number. Un pur example est, quant J. S. est oblige en un Obligation per le nosme de T. S. ou ascun aut' nosm̄, & est sue apres accordāt al mesme le nosme mis en l' Obligation, ore il ne serra receive a dire que il est misnosme, mes ferra chase a respon [...] accor [...] al nosme mis ē l'Obligation, cest adire, T. S; car peradventure l' Obligee ne scavoit pas son nosme mes ꝑ le report tantsolement del. Obligor mesm̄. & entant q̄ il, est m̄ le hōe (que) fuit oblige, il, serra estoppe, & denie en Ley, p̄ adire le contrarie encont' son fait demesne; car auterm̄ [Page 357] il poit prend advantage [...] son tort demesne, le quel le Ley ne voit suffer ū hōne de faire.
Si le file que est Heire a son pere voit suer Liverie ove sa soer que est un Bastard, el ne serra apres receive pur dire que sa soer est un Bastard, entant que si la Bastard soer prist le moietie del Terre, il nad Remedie per le Ley.
Auxy si un home seisie de Tr̄e en Fee-simple voit prender un Lease p̄ ans de mesme le Tr̄e d'un estranger ꝑ Fait indent, cest un Estoppel durant le terme d'ans, & le Lessee est per ceo barre a dire le veritie, car le veritie est, Que il (que) lessa le Tr̄e nad riens en ceo al temps le Lease fait, & q' le Fee-simple fuit ē le Lessee: Mes ceo il ne serra receive adire tan (que) ap̄s les ans serra determine, p̄ ceo que il appiert que il ad Estate pur ans, & il fuit son folly de prender un Lease de ses Tr̄es demesne, & pur ceo serra issint punie p̄ son follie.
Estovers.
EStovers sont Nutriment ou Maintenance: Et Bract. l. 3. tract. 2. c. 18. num. 1. ceo usa pur tiel Nutrim̄t q' home, attach p̄ Felonie, est d' aver hors de ses Tr̄es ou biens pur luy mesme & son familie durant son dures. Et le Statute [Page 358] [...] 6 E. 1. c. 3. ceo usa p̄ ū Allowance en Viands ou Panne. Il est anxy use pur certain Allowances de Boys destre prise hors del boys d'un auter hōe, Westm. 2. c. 15. Anno 13 E. 1. West. part. 2. tit. Fines, sect. 26. dit, Que le nosme d' Estovers conteigne House-bote, Heybote, & Carue-bote; cōe sil ad en son Grant ceux general parols, De rationabili Estoverio in boscis, &c. il poer ꝑ ceo claimer ceux trois.
Estrangers.
EStrangers sont ascun foits prise pur ils q̄ ne sont Parties ne Privies al Fine levie, ou feasans d'un Fait; ascuns foits ils que sont nee ouster le mere.
Estray.
EStray est, lou ascun Beast ou Cattel est en ascun Sn̄tie, & nul conust l'Owner [...] ceo; donques ceo serra seisie al oeps le Roy, ou de le Sn̄r que ad tiel Estray ꝑ grant le Roy, ou per prescription: & si l' Owner fait claim a ceo deins an & jour, il ceo reavera; ou auterment apres l' an le propertie de ceo serra al Snr̄, issint que le Sn̄r face Proclamation de ceo accordant a le Ley.
Estreat.
EStreat est ū Embleme ou Resemblance, & est communen̄it use pur le Copie ou vioer Note d'un Original Escripture; cōe Estreates de Amerciaments impos enles Rolls d'un Court, destr̄ levie ꝑ le Reeve, ou aut' Officer, de chesc' home p̄ son peeche. Veies F. N. B. 75, & 76. Et issnt il est use ē Westm. 2. c. 2.
Estrepment.
EStrepment est un Br̄e que gist lou un est emplede ꝑ un Praecipe quod reddat p̄ certaine Tr̄e; si le Demandant suppose que le Tenant voile faire Waste pendant le Plee, il avera vers luy cest Brief, q̄ est un Prohibition, luy com̄andant ne fair̄ Wast pendant le Plee.
Et cest Brief gist properment lou un home demande Tr̄es ꝑ Formedon, ou Brief de Droit, ou tiels Briess lou il ne recover Dammages; car en riels Briefs lou il recovera Dammages, il avera ses Dammages, oves regard al Wast fait.
Etate probanda.
ETate probanda est un Br̄e d'Office, & gift p̄ l'Heir [Page 360] le Tenant que tient del Roy en capite, p̄ prove (que) il est de plein age, direct al Viscount pur inquirer de son age; & donques il deviendra Tenant al Roy per mesme les Services que son Ancestors fist al Roy. Mes il est dit, q' chesc' que passer en cest Enquest serra del age de xlii. ans al meins. Mes veies le Stat. 12 Car. 2. pur Abolition del Court de Wards & Liveries, &c.
Evesdroppers.
EVesdroppers, sont tiels queux estoyent desouth Mures ou Fenestres ꝑ nuict ou jour a oyer novels, & a carrier eux al auters, a faire strife & debate int' lour Vicines: ceux sont male members en le Com̄on-wealth, & p̄ ceo ꝑ le Stat. ꝑ Westm. 1. c. 33. sont destre punie.
Et cest Misdemeanour est [...] sentable & punishable en le Court-Leet, Kitch. f. 11.
Evidence.
EVidence est use gen̄alm̄t p̄ asc' Proof, soit il per le Testimonie [...] hōes, ou ꝑ Escript Sir Too. Smith, l. 2. c. 17. ceo usa ē ambideux senses en ceux ꝑols; Evidence est authenti (que) Escripts de Contracts, solon (que) le man' d Angleterre, cest adire, escrie, enseale, & deliver.
[Page 361] Et l. 2. c. 23 ꝑlant del Prisoner q̄ estoia al Barr̄ a plead p̄ son vie, & de ceux q' charga luy ove Felonie, issint; Don (que) il monstre qui il poit dire; puit luy auxi touts ceux queux fueront al Apprehension del Prisoner, ou que poient doner ascuus Indices ou Tokens, queux nous appellomusen nostre parlance Evidence envers le Malefactor.
Exaction.
EXaction est un tort fait ꝑ ū Officer, ou ꝑ un p̄tendant d'aver authoritie, ē demaundant ou prendant ascun Reward ou Fee p̄ cell matter, cause, ou chose, q̄ le Ley ne pas allowa.
Le difference ꝑenter Exaction & Extortion est ceo: Extortion est, lou un Officer demanda & extorta ū greinder Summe ou Reward que son voier Fee: & Exaction est, lou un Officer ou auter home demaunda & urger un Fee ou Reward, lou nul man̄er [...] Fee ou Reward est due. Veies Extortion.
Exception.
EXception est un Barre ou Stoppe a ū Action; & est divide ū exceptiō dilatorie, & ꝑēptorie. De ceux ambideux veies Bracton, l. 5. tract. 5. & Britton, c. 91, 92.
Exchange.
EXchange est, lou ū hōe est seise de certaine Tr̄e & un auter est seisie d'auter Tr̄e; siils ꝑ un Fait indent, ou sans Fait, si le Terres sont en un Countie, exchange lour Tr̄es, issint q̄ chescun d'eux avera auters Tr̄es a luy issint exchange en fee, en fee-taile, ou a terme de vie, ceo est appel un Exchange, & est bone sans Liverie & Seisin.
En Exchange il convient q̄ les Estates a eux limit sont egalls; car si ū averoit Estate en fee en sa Terre, & l'auter Estate ē auter Terre forsque p̄ terme de vie, ou en taile, tiel Exchange est void; mes fi les estates sont egal & les Terres ne sont d' egal value, uncore l Exchange est bone. Auxy un Exchange de Rent p̄ Tr̄e est bone. Et Exchange int' Rent & Com̄on est bone, & ceo covient estre per Fait. Auxy il covient touts foits q̄ cest parol Exchange soit en le Fait, ou auterment rien passa per la, sinon q̄ il ayt Liverie & Seisin.
Exchequer.
EXchequer. Veies Eschequ [...] r.
Excommengement.
EXcommengement est adire en Latine Excommunicatio, & est lou un home ꝑ la judgem̄t en Court Christian est Excommenge, p̄ quel il est disable de suer asc' Action en Court le Roy; & sil remaine Excommenge xl. jours, & ne voile este justifie ꝑ son Ordinarie, donques l' Eves (que) mandera son Letter al Chancellour, de certifier l'Excommunication ou Contempt; & sur ceo serra commaund al Viscount de prendre le corps le Excommenge, per un Brief appel De Excommunicato Capiendo, jesque il ad fait gree al saint Esglise pur le Contempt & tort: & quant il est Justice, l' Evesque maundera ses Letters al Roy, certificant ceo; & donques serra maunde al Visc' de luy deliver, per un Brief appel Excommunicato deliberando. Veies le Statute 5 Eliz. cap. 23.
Excommunication.
EXcommunication. Veies Excommengement.
Execution.
EXecution est, lou Judgement est done en ascun [Page 364] Action, que le Plaintife recovera le Tre, le Det, ou Dammages, come le case est; & quant asc' Bri [...] f est agard de luy mitter en possession, ou [...] faire ascun chose per que le Plaintife serra le mieux satisfie son Det ou Dam̄ages, ceo est appel Brief d' Execution, & quant il ad le Possession de le Terre, ou est pay le Det ou Dammages, ou ad le Corps le Defendant agard al prison, donques il ad Execution. Et si le Plee soit en Countie, ou Court-Baron, ou Hundred, & ils delaiont l'Execution del Judgm̄t en favour de partie, ou p̄ auter encheason; le Demandant avera Brief De Executione Judicii.
Nota, que en Brief de Det home navera Recoverie de nul Terre, mes de ceux que le Defendant avoit jour de Judgment rendue. Et de Chateux, home avera Execution solement des Chateux queux il avoit jour d' Execution sue.
Executione facienda.
EXecutione f [...] cienda est un Brief commandant Execution d'un Judgment; le divers uses de quel veies en le Table de Reg. judic.
Executor.
EXecutor est, quant un hōe fait son Testament & darreine Volunt, & en ceo nosma le person que executera son Testament, il est son Executor, & est a tant en le Civil-Ley come Haeres designatus, vel Testamentarius, come al Det, Biens & Chattels son Testator: & tiei Executor avera Action vers chescun Dettor de son Testator; & si l' Executor ad Assers, chescun a que le Testator fuit indett avera Action vers l' Executor, si ad Obligation ou Especialtie; mes en chescū case lou le Testat' puissoit gager son Ley, nul Action gist vers Executor. Veres pluis de ceo devāt Titulo Administrators.
Etsi ascun aut' person niēt fait Executor, prist ou vend les biens del mort p̄ estre fue cōe Executor de son tort en mesme le forme come auters Executors. Vide Stat. 30 Car. 2. cap. 7.
Exemplification.
EXemplification est, ou hōe vo [...] le aver asc' O [...] iginal Record transcript & exemplifie hors del Court lou il remaine, a quel purpose il poit aver un Brief, come appiert [Page 366] ꝑ le Reg. orig. fol. 290.
Et si hōe voile leader un Record en auter Court q' ceo lou il remain̄, il covient a luy d'aver exemeplifie south le Grand Seale d' Angleterre; car sil soit exemplifie south le Seale [...] Com̄on Banke, Excheq', ou tiels semblables, ceo ne servera, forsꝑ ē Evidence al Jurie. Veies Coke l. 5. f. 53.
Veies le Stat. 13 Eliz. cap. 6. & 23 El. 3. le force & use d' Exemplifications de Patents, &c.
Exemption.
EXemption est un privilege destre Franke de Service ou A [...] arance. & p̄ ceo un Baron & Baronesse, ꝑ reason de lour Dignitie, sont exempts destre jure sur asc' Enques [...] . Coke l. 6. f. 53.
Aux' Chivalers, Clerks & Femes sont exempts d' appearer al Leets ou Tourne del Visc': Et ceo est ꝑ le Statute de Marlebridge, c. 10.
Et home poit estre exempt destre mis sur Enquests ou Juries per les Letters Patents le Roy; come le President & Colledge ou Communaltie de Physicians ē Londres fueront ꝑ les Letters Patents del Roy, H. 8. Coke, l. 8. f 108.
Ex gravi querela.
EX gravi querela. Veies devant Tit. Devise.
Exigent.
EXigent est un Br̄e q̄ gist lo [...] hō [...] sue Action personal, & le Defendant ne [...] oit este trove, ne ad [...] iens deins le Countie ꝑ que il puit este attach ou distreine; donques cest Brief issera al Viscount, de faire Proclamatiō al cinq' Counties, chescun apres auter, que il appeare, ou auterm̄t il serra utlage: & si soit utlage, donques touts ses biens & chateux sont forfeits al Roy. En un Endictment de Felonie l' Exigent issera apres le primer Capias. Et en Capias ad computandum ou ad satisfaciendum, & en chescun Capias que issist apres Judgment, l' Exigent issera apres le primer Capias. Et auxy en Appeal de Mort; mes nemy en Appeal de Robberie ou Mayhem.
Ove ceo Exigent issuist un br̄e per le Stat. 13 El. cap. 3. a fait trois Proclamations envers le Defendant, quel n' est en exigents puis Judgment.
Exigenter.
Exigenter est ū Officer del Cōmon Plees, & [...] ceux sont quarre. Ils font touts Exigents & Proclamations en touts Actions ē queux ꝓces [Page 368] d' Utlagarie gist. Et ils font Br̄es de Supersedeas cybyen come les Protonotaries sur tiels Exigents come fueront faits en lour Office. Et [...] cest Officer mention est fait en les Statutes [...] 10 H. 6. c. 4. & 18 H. 6. c. 9.
Ex mero motu.
EX mero motu sont parols usualm̄t mis ē les Charters le Roy, per q̄ux il implie, que il fait ceo q̄ est conteine en le Charter de son volunt & motion demesne, sans Prier ou Suggestion fait per ascun auter. Et l' effect de ceux parols est, d'ou [...] er touts Exceptions q' poierōt este prise al Instrument en que ils sont conteinus, ꝑ alledger, que le Roy en donont de c' Charter fuit abuse ꝑ ascun faux Allegation. Kitcb. f. 151.
Et quant ū Charter le Roy ad ē ceo ceux parols, il serra prise pluis fortment vers le Roy; p̄ que si le Roy pardon a B touts [...] es Dets ex mero motu, touts Dets que B doit cōe Viscount sont ꝑ ceo pardon; & en mesme le manner est en plusors auters cases, lou ceux [...] arols serra prise cy fort vers le Roy, cōe si un Common ꝑson ad fait le Graunt. Veies Coke l. 1. f. 45.
Expeditate.
EXpeditate est un ꝑol piusors foits use ē le Forrest, impliant de pren [...] hors les Balls des pees de grād Chiēs, pur le preservation de Sporte l' Roy. Et un des Articles destre enquire concernant le Forrest est, Si touts grand Chiens ou Mastives deins le Forrest sont expeditate, accordāt al Leys del Forrest; & si ascuns ne sont, l' Owner de chesc' tiel Chien forfeitera al Roy trois souls & quat' deniers, Crompt. Jurisd. fol. 152. Manwood ufast mesm̄ le ꝑol, & ( part. 1. de son Forrest Ley, fol. 212.) relata le ancient manner de expeditating de Chiens, que fuit, que les trois Ortelles del Primer pee del dext' latere serrōt abscindus ꝑ le pelle; a que il auxy adde hors del Ordināce appel l' Assise del Forrest, que m̄ le manner de expeditating des Chiēs serra jamm̄s use & observe, & nul auter. Quaere de que il surde que Crompton & il differont; l'un disant que le Ball del pee est abscinde; l' aut', q' les trois primer Ortilles sōt desumus ꝑ le pelle.
Expensis Militum levandis.
EXpensis Militum levandis, est un Br̄e direct al Viscount pur levier le Allowance pur Chivalers del Parliam̄t, Regist. orig. fo. 191. b. Et Expensis Militum non levandis ab hominibus de Antiquo Dominico, nec a Nativis, est un Brief de ꝑhibit l' Viscount [...] levier ascun Allowance pur les Chivalers del County sur tiels queux tiendront en Ancient Demesne, &c. [...] bidem, fol. 261. b.
Extend.
EXtend est, appraiser les Terre [...] ou Tenements [...] un oblige per Statute, &c. que ad ceo forfeite, & deliverer eux al Conusee a tiel endifferent rate, come per l' annuel Profits le Conusee en temps poit estr̄ satisfie son Det. Veies Fitz. N. B fol. 131. & Cok. lib. 4. fol. 67. F [...] lwoods Case.
Extent
EXtent ad deux significatiōs: L'un est un Br̄e ou Com̄ission al Viscount pur le valuing del Terres ou Tenements; l' auter, l' act del Viscount ou auter Comissioner [Page 371] sur m̄ Brief. Broke, tit. Extent, fol. 313.
Extinguishment.
EXtinguishment est, lou un Sn̄r ou asc' aut' ad ascun Rent ou Service issuāt dascū Terr̄, & il p̄chase m̄ le Terr̄, issint q̄ il ad tiel Estate en le Terr̄ cōe il avoit ē le Rent; donques le Rent est extinct, p̄ ceo que un ne poit aver Rent issuant hors đ son Terr̄ demesn̄. Auxy qn̄t ascun Rent seera extinct, il covient q̄ le Terr̄ & le Rent sont en un main̄, & auxy q̄ l'Estate q̄ il ad ne soit defeasible, & auxy q̄ il ayt auxi bon̄ Estate en le Terr̄ com̄ en le Rent; car sil ad Estate ē le Terr̄ forsque p̄ vie ou pur ans, & ad un Feesimple en le Rent, donques le Rent nest extinct, mes est en suspence pur cel tēps, & apres le terme le Rent est revive.
Si soit Sn̄r, Mesne, & Tenant, & le Seignior purchase le Tenancie, l' Mesnaltie est extinct; mes le Mesne avera le surplusage del Rent, si ascun soit, come Rent secke; Auxy si home ad Chimin appendant, & puis purchase le Terre en que le Chimin est, donques le Chimin est extinct; & issint est de un Common appendant.
Extortion.
EXtortion est un Tort fait per un Officer, Ordinary, Archdeacon, Official, Major, Bailife, Viscount, Escheator, South-Viscount, Coroner, Gaoler, ou auter Officer, Colore Officii sui, en prendant excessive Reward ou Fee p̄ execution de son Office, ou auterm̄t; & nest auter chose en fait que plain̄ Robberie, mes pluis odible q̄ Robberie: car Robberie est apparant, & tout temps ad ove luy le countenance de Vice; mes Extortion, esteant cy hault Vice q̄ Robberie est, port ove luy ū countenance del Vertue, ꝑ reasō [...] quel il est le pluis dure destr̄ trie ou discerne, & pur ceo le pluis odible. Et uncor̄ ascūs il y ad que ne voiloient demurī mes stretch lour Office, Credit, & Conscience, p̄ purchaser Money, cybiē ꝑ Extortiō come auterm̄t, accordant al disans de le Poet Virgil, Quid non mortalia pectora cogis, Auri sacra fames?
F.
Faculty.
FAcultie est un ꝑol plusors soits use ē le Statute de 25 H. 8. c. 21. & il signifie un Priviledge ou special Dispensation grant al home per favor & indulgence, [...] fair̄ ceo q̄ per le Ley il ne puit fair̄; sicōe de manger Chair̄ ē jours prohibits, ou p̄ tener deux ou plusors Ecclesiastical Benefices ensemble, &c. Et p̄ le grant' de ceux Faculties la est un especial Officer desouth l' Archeves (que) de Canterburie, que est appel le Master des Faculties.
Failer de Record.
FAiler de Record est, qn̄t un Action est port envers un, que plede ascun matter de Record, & averre de ceo prove per le Record; & le Plaintife dit nul tiel Record; sur (que) le Defēdāt ad jour don a luy p̄ amesn̄ eins le Record; a quel jour il faile, ou amesn̄ eins un tiel que nest Barre al cest Action: donques il est dit pur failer de son Record; & sur ceo le Plaintife avera Judgment de recoverer.
Faint Action. Faint Pleader.
FAint Action (come Littleton, fol. 154. dit) est autāt adire en Ang ois, un Fained Action, cestascavoire, tiel Action, (que) com̄t (que) les ꝑols de le Br̄e sont voyers, uncore pur certain causes il nad title per la Ley de recover per mesm̄ l' Action: Et faux Action est, Iou les parols del Brief sont faux. Issint Faint Pleader est un covinous, faux & collusorie manner de Pleading, al deceipt [...] un tierce ꝑtie. Et encounter tiel Faint Pleader, ent' auters choses, le vieux Statute en 3 E. 1. c. 29. semble destre fait.
Fait.
FAit est un Escript enseale & deliver, a prover & testifier l' Agreement del partie quel Fait il est al chose containe en le Fait: come un Fait de Feo [...] ment est un Prove del Liverie de Seisin, car le Terre passe per le Liverie de Seisin; mes quant le Fait & le Liverie est joynte en [...] emble, cest un Prove del Liverie, & que le Feoffor est cont [...] nt que le Feoffee avera le Terre.
Touts Faits s [...] nt ou [...] aint, de quel sont de [...] x, trois ou [Page 375] plusors partes, come le case require; de que le Feoffor, Grantor, ou Lessor ad un; le Feoffee, Grantee, ou Lessee, un auter; & ꝑadventure asc' aut' ꝑerson auxy un tierce &c. Ou auterm̄t ils sont Faies Poll, single & forsque un, le quel le Feoffee, Grantee, ou Lessee ad, &c. Et chescun Fait consist de trois principal choses, (sans quel il nest perfect Fait de lier les parties) nosmement, Escripture, Sigillation, & Deliverie.
1. Per Escripture est declare les Nosmes del parties al Fait, lour Habitations, lour Degrees, le Chose grauntus, sur queux Considerations, l' Estate limit, le Temps qn̄t il fuit grauntus, & si simplem̄t, ou sur Condition, ove auters tiels semblables Circumstances. Mes si les parties al Fait escript en le fine escriont lour Nosmes, ou mis a ceo lour Markes, (come il est communement use) il ne fait ascun matter, (come jeo suppose) car ceo nest entende, ou il est dit, que chescun Fait covient de aver Escripture.
2. Sigillation est pluis Testimonie de lour Consents al ceo containe ē le Fait; come appiert ꝑ ceux [...] arols, In cujus rei Testimonium, &c. ou a tiel effect, mis en le fine de Faits, sans queux [...] arols le Fait est insufficient.
Et pur ceo que nous sumus en Sigillation & Signing de [Page 376] Faits, il ne serra dehors icy a monstre a vous, pur l'amour del Antiquitie, le manner del Signing & Subscribing de Faits en nostre Ancestors le Saxons temps, un fashion disferent [...] ceo que nous use en ceux nostre jours, en ceo, que ils a lour Faits subscribe lour Noimes, (communement adding le Signe del Crosse) & en le fine mis; ū graund number de Testmoignes, nient usant a cel temps ascun man̄ [...] Sigil: Et nous a cest jour, pur pluis suretie, auxybien subscribe nostre Nosm̄, (niēt obstāt ceo nest mult necessarie) & mis nostre Sigille, & use le aide des Testmoignes auxy.
Cest primer fashion continue per tout tanque al temps del Conquest per les Normans, quel manners per petite & petite al darreine prevaile enter nous; car le primer Charter Sigil en Angleterre est pense destre ceo del Roy Edward le Confessor, al Abbey de Westminster, que esteāt educate en Normandie, port ē cest Realme ceo & ascun auter de lour guises. Et apres le veniens de Guilliam le Conquerour. les Normans estimants de le Custome d' lour Pays, (come naturalme [...] touts Nations font) reject le man̄er que i [...] s trovont cy, & rereignont lour proper, come Ingulphus l' Abbot de Croiland, que vient eins o [...] e l' Conquest, resmoigne, dicens; Normanni [Page 377] Chirographorum confectionem, (cum Crucibus aureis & aliis signaculis sacris in Anglia firmari solitam) in Ceram impressam mutant, modumque scribend' Anglicum rejiciunt. Mes nient obstant ceo ne fuit fait tout al un temps, mes il increase & vient eins per certain degrees: issint que primes & pur un season le Roy solem̄t, ou un peu aut' [...] le Nobilitie, use de Sigiller; donques le Noble-homes p̄ le pluis part, & nul auters. Quel chose un home poit veier en le Historie de Battel Abbey, lou Rich. Lucie Chief Justice de Angleterre, en la temps del Roy Hen. le Second, est report de aver blame un meane subject, p̄ ceo que il use un private Sigile, quant ceo pertain (come il dit) al Roy & Nobility solement.
A quel tēps auxy (come J. Rosse note ceo) ils use de ingrave en lour Sigils lour Pictures demesne & coūterfeits, cover ove longe Tunicle super lour Armours. Mes apres ceo les Gentlehomes [...] l Meliour sort prist l' fashiō, & p̄ ceo q̄ ils ne fuerōt touts Guerriours, ils fesoient Sigills ingrave ove lour several Coats ou Shields de Armes, p̄ difference, come mesme l' Authour report. Al darreine, en temps del Roy Ed. le 3. Sigils fueront mult common; issint que non solement tiels que portant Armes use de Sigiller, mes auters hōes [Page 378] auxy [...] soiēt al eux mesm̄s Signets de lour devises demesne, ascūs p̄ndrants les Letters de lour Nosmes demesne, ascuns Flowers, ascuns Knots & Flourishes, ascuns Oyseaux & Beasts & ascūs auters choses, come nous ore unc' journalment veiomus en use.
Ascuns auters manners de Sigillation ouster ceux ad este oye euter nous; come nosmement ceo del Roy Edward le tierce, ꝑ que il done al Norman le Hunter,
Le semblable d cest fuit mō stre a moy ꝑ un de mes amies ē un loose chart', mes nō mult ancientm̄t escript, & p̄ ceo il voile moy q̄ jeo esteema [...] c' come jeo penie bien: Il fuit come enfuist.
Jeo Guilliam King done a vous Powlen Royden ma Hop & ma Hop-terres, ove touts les bounds up & down, de Coelo al Terre, de Terre ad Infernum, pur toy & vestres a demurrer d' moy & mes, al toy & vestres, pur un Arc & un broad Sagit, quant jeo veign' pur hunt [...] Yarrow, In testimaign' que ceo est veray, Jeo morde cest cere ove mon dent, [Page 379] en presence de Magge, Maud, & Margery, & mon tierce fitz Henry.
Itē ceo d' Alberick d' Vere, conteignont le Donation de Hatfield, al quel il fixe ū curt noyer-haft Cuttle, semblable al ū vieux demy-denier whittle, en steed de un Seal: ove divers tiels semblables.
Mes asc' peradventure voilent pense que ceux fueront receive en common use & custome, & que ils ne fueront les devises & pleasures [...] un peu singular ꝑsōs: tiels ne sōt meines deceive que ils que pensont chescun Charter & Escript, que ne ad Sigille annexe, destre cy auntient come l'Conquest; lou ē veritie Sigillation ne fuit communem̄t use tanque al temps del Roy Ed. 3. come ad este dit.
3. Deliverie, niēt obst' il soit mis darreign, nest l' meanest; car ap̄s q̄ ū Fait soit escript & sigille, si ne soit deliver, tout le residue est a nul purpose.
Et cest Deliverie doit estre fait ꝑ le Partie luy mesme, ou son sufficient Garrant; & issint il luy liera quecunque escript ou sigil ceo: & per cest darreine act le Fait est fait perfect, accordant al entent & effect de ceo; & p̄ c' en Faits le Liverie est destre prove, &c.
Issint poyes veyer, Escripture & Sigillation, sans Deliverie, est a nul purpose: Sigillation & Deliverie, lou [Page 380] est asc' Escripture work nul chose: Et Escripture & Deliverie, sans Sigillation, auxy fait nul Fait. Et pur ceo ils touts doient jointm̄t concur p̄ faire un perfect Fait.
Faitour.
FAitour est ū parol q̄ est use en le vieux repeale Statute de 7 R. 2. cap. 5 & est la prise ē l' pire sense, p̄ ū Male feasor, ou un Oisif companiō, & semble icy destr̄ un Synonymon al Vagabond.
Fardingdeale.
FArdingdeale, auterment Farundel, de Terr̄, implia le Quart part [...] ū Acre, Crompt. Jurisd. fol. 220. b. Quadrantata terrae est lie en le Regist. orig. fol. 1. b. lou vous aves auxy Denariata & Obolata, Solidata & Librata terrae, que per probabilitie surderoit en proportion de quantitie de Fardengdeal, come un Male, Denier, Soulz, ou Liver surdont en value & estimation; donque Obolata est un Demy Acre, Denariata l' Acre, Solidata Douze Acres, & Librata Douze score Acres. Uncor̄ ē l' Reg. orig. fol. 94. & 248. vous poyes trove viginti Libratas terrae vel reditus; ꝑ q̄ il semble que Librata terrae est tant que dona vigint soulx [Page 381] per l' an; & centum Solidatas terrarum, tenementorum, & redituum, fol. 249. Et en F. N. B. fol. 87. la sont ceux parols, Viginti Libratas terrae vel reditus, que prova ceo destre tant Terre cōe est rate al vigint soulz ꝑ l' an. Veies Furlong.
Farme, ou Ferme.
FArme, ou Ferme, est usualment le chief Messuage ē ū Village ou Town, a que apertinent grād Demeans de touts sorts, & ad este use destre lesse pur terme de vie, ans, ou a volunt.
Le Rent que est reserve sur tiel Lease, ou semble est appelle Farme ou Ferme.
Et Farmour ou Fermour est celuy que occupia le Farme ou Ferme, ou est Lessee de ceo.
Auxy gen̄alm̄t chesc' Lessee p̄ vie, ans, ou al volunt, est appel Farmour, ou Fermour.
Et nota, Que ils sont appelles Farmes, ou Fermes, del Saxon parol Feormian, que signifie pur feed, ou rend Victuall: Car en ancient temps lour Reservations fueront cybien en Victual come Argent; tanque al darrein̄, & ceo [...] rincipalm̄t ē le tēps de Roy H. 1. per agreem̄t, le Reservation de Victuals, fuit convert en redie Argent, & issint uncore ad continue ent' plusors homes.
Fate, ou Fatt.
FAne, ou Fatt, est un Measure mention en les Statutes de 1 H. 5. cap. 10. & 11 H. 6. cap. 8. pur conteiner huict Boisseaus: mes les Citizens & Merchants de Londres (com̄ appiert ꝑ ceux Statutes) & les Purveiors le Roy voilont aver ceo Measure & un Boissean ouster pur un Quartier; & issint il avoient neufe Boisteaus pur un Quartier de Blee.
Faux Imprisonment.
FAux Imprisonment est un Brief que gift lou home est arrest & restraine de son Libertie per un auter encounter Order de Ley; donques il avera vers luy cest Brief, per que il recovera Dammages. Veies pluis de ceo devant, tit. Arrest.
Faux Judgment.
FAux Judgment. Veies de ceo devant, tit. Error.
Fealty.
FEaltie est un Service, appelle en Latine Fidelitas, & serra fait en tiel manner; [Page 383] cestascovoire, le Ten̄t tiendr̄ la mam̄ dextre sur un Livre & dirra a son Sn̄r, Jeo a vous serra foyal & loyal, & Foy a vous portera des Tenements que jeo claim de tener de vous, & verament a vous ferra les Customes & Services que fair vous doy al termes assignes; Si come moy ayde Dieu: & basera le Livre: mes il ne genuler̄, come en fesant Homage. Et de ceo veies apres en le Title Homage. Auxy Fealty est incident a touts manners de Tenures.
Fee.
FEE (Feodum) est en nostre Ley vox aequivoca des divers significations: car est plus communement prise pur un Estate del inheritance en Terres ou Tenements al un & ses heires, ou al un & les heirs [...] son corps, Mes est use auxy pur le Compass, Circuit ou Extent [...] un Seigniorie ou Mannor. Et de ceo venust l' ordinarie Plee ē Barre al un Avowry, Que le Terre sur que il avow est hors de son Fee. Et tiercem̄t, il est prise pur le Reward ou Salarie don̄ al ū pur l' execution de son Office; cōe le Fee dun Forrester, ou le Gardein̄ dun Parke, ou le Fee dun Visc' pur l'server dun Execution, come est limit per l'Statute 29 El. c. 4. Et issint est auxy [Page 384] prise pur ceo Consideratiō q̄ est don̄ al un Sergeāt al Ley, ou al un Pleader, ou un Physitian, pur lour Counsel ou advise en lour ꝓfession, que (come est bien observe per Sir J. Davies, en son Preface a ses Reports) nest ꝓperm̄t Merces, forsque Honorarium. Mes uncore en le dialect de nr̄e Ley c' est appel son Fee.
Fee expectant.
FEE expectant: Lou Terres sont don̄ al home & son feme en Frank-marriage, a aver & tener al eux & lour heires, en cest case ont Fee-simple; mes si sont don̄ a eux & les heires de lour corps, &c. ont Taile & Fee expectant. Kitch. fol. 153.
Fee Ferm.
FEE Ferm est, quant un Tenant tient de son Seignior en Fee-simple, rendant a luy value del moietie, ou de tierce, pr̄t, ou auter part đel Terre ꝑ an. Et il que tient en Fee Ferme ne doit payer Relief, ou faire auter chose, me ficome est contein̄ en le Feoffment, fors (que) Fealtie, car c' appent a touts manners Tenures.
Fee-simple.
FEe-simple est, quant ascun person tient Terre ou Rent, ou auter chose, inheritable a luy a & ses Heires a touts jours; & ceux ꝑols, Ses Heires, font l'Estate [...] inheritāce; car si Terre soit done a hōe a touts jours, unc' il nad fors (que) Estat' p̄ vie.
Auxy si Tennant en Fee-simple devie, son primer Fits serra son Heire; mes sil nad Fits, donque touts les Files fetront son Heire, & chescun avera son part ꝑ partl c': mes sil nad Fits ne File, donques son prochein Cousin collateral de l' entire sanke serra son Heire.
Felo de se.
FElo de se est il que commit Felony per murdering soy mesme. Veies Cromp. Justic, de Paix, fol. 28.
Felonie.
FElonie est un general terme, (que) comprehend divers heinous Offences, pur que l'Offendors dolent suffer mort, & perder lour Terres. Et semble que eux sone appelles Felonies, del Latine parol Fel, que est en Anglois [Page 386] Gall, en Francois, Fiel; ou del ancient parol Anglois, Fell, ou Fierce pur ceo que sont entends destr̄ faits f [...] lleo animo, ove fell, fierce, ou mischievous mind. Quant home sans asc' colour de Ley emblea les biens [...] un aut', amountant al value de xii deniers ou pluis, ceo est Larceny: mes si un approcha a le Person [...] un aut' en le Haultchimin, & luy robba de ses biens, mesque ils ne sont sorsque al value de un denier, il est Felonie; & ceo est appel Robberie, & pur ceo il serra pendue.
Fence-moys.
FEnce-moys est un parol del Forrest, & signifie le space [...] 31 jours en l' an, cestascavoire, 15 jours devant Midsummer, & 15 jours apres, en quel temps est prohibit pur ascun home de chaser en l [...] Forrest, ou de passer en ceo pur disturber les feres. Le reason de que est, pur ceo que a ceo temps parturiunt Damae. Et p̄ ceo cest Moys est appel le Fence-moys, ou Defence-moys, co que les Dames sont adōque destre defends del fright ou terror. Veies Manw. Forrest Leys, c. 13. fol. 90. b.
Feodarie.
FEodarie fuit un Officer en le Court de Gards, appoint [Page 387] ꝑ le Mr. de ceo Court, ꝑ vertue del Statute 32 H. 8. cap. 46. destre present oves (que) l Escheator en chesc' Countie al trover des Offices, & a doner evidence pur le Roy cybien pur le Value come pur le Tenure. Et son Office fuit auxy pur survey les Tr̄ [...] s le Gard apres l'Office trove, & pur retourne le verie value d'eux en le Court, [...] ̄ assigner Dower as Vefues le Roy; pur receiver touts les Rents des Terres les Gardes deins fon Circuit, & pur eux responder al Receiver le Court. Mes veies le Stat. 12 Car. 2. c. 24. p̄ Abolir le dit Court.
Feoffment.
FEoffment est, lou un done Terre, Measons ou tiel choses corporal heriditable, a un aut' en Fee-simple, & de ceo deliver Seisin & Possession. Aux' si un fait Done en le taile, ou Lease de vie, il covient de done Liverie & Seisin, ou auterment riens passera per le Grant.
Feoffor & Feoffee.
FEoffor est ce [...] uy que enfeoffee ou fait Feoffment al aut' de Tr̄es ou Tenem̄ts en Fee-simple: Et Feoffee est celuy (que) est enfeoffe, ou a que le Feoffm̄t est issint fait.
Ferdwit.
FErdwit, hoc est, quietum esse de Murdro in Exercitu facto, Flet. l. 1. c. 47.
Ferrie.
ESt un liberty ꝑ prescription ou grant del Roy d'aver boat pur passage sur un grand stream de caryages ou chivals & homes pur reasonable toll.
Feude.
FEude, ou Mortal Feude, est un parol Germanois, & signifie ū Haine emplacable, q̄ ne poit estre satisfie forsque ove le mort del enemie: tiel est ceo ent' les hōes [...] Scotland & en le Nord parts d' Angleterre, q̄ est ū Cōbinatiō de tout le Consanguinity p̄ le vengeance del mort d' asc' [...] lour sanke sur l'Homicide & tout son race. Et cest ꝑol est mention ē le Stat' [...] 43 El. c. 13.
Fieri facias.
FIeri facias est un Brief judicial, & gist lou home recovera Det ou Dammages en Court le Roy; donques il avera cest Brief al Viscount, luy commandant que il levie le Det & les Dammages des biens celuy vers que le Recoverie est ewe, & gist solement deins l'an & jour, & apres l'an luy covient suer un Scire facias; & si le partie soit garnie, & ne vient al jour, &c. ou sil vient, & ne scavoit rien dire, donques celuy que recovera avera Brief de Fieri facias direct al Viscount, que il face Execution de Judgment.
Mes si home recovera vers un feme, & el prist baron deins l'an & jour; donques il covient que cestuy que recovera avera Scire facias vers le baron.
Auxy est si Abbot ou Prior recover & devie, son Successor deins l'an avera Scire facias. Vide de ceo pluis en le Title Scire facias, & Title Execution.
Auxy est un auter manner de Fieri facias versus Rector, lou sur un general Fieri facias le Viscount retorne sur ceo, quod nulla habet bona seu catalla, & sur ceo Brief est direct al Evesque del Diocess ou il est Rector. Et sur ceo le [Page 390] Evesque levy le Debt des profits del gleab & dismes del Rectory.
Fifteenth.
FIfteenth. Veies Quinzisme.
Filazer.
FIlazer del (parol Francois Fi [...]ace, id est, Filum) est le nosme dun Officer en le Common Plees, des queux sont icy 14. Ils fonts touts les Original Process la, & le Distresse infinite sur Summons retourne en Actions ꝑsonals, & le Capias sur le retourne del Nihil, & touts Briefs de View en cases lou le View est prie. Et lou le Appearance est ove eux, ils enter l' Imparlance, & le general Issue en common Actions, & Judgments per Confession devant Issue j [...]yne, & font Briefs d'Execution sur eux. Et ils font Briefs de S [...]pers [...]deas apres Capias agard, quant le Defendant appeare en lour Office. Et cest Officer est mention en les Statutes de 10 H. 6. c. 4. & 18 H. 6. c. 9.
File.
FIle (Filacium) est Fi [...]um vel Chorda qua Brevia & ali [...] Curiis Exhibita trajiciuntur, [Page 391] pro meliori conservatione eorundem.
Finders.
FInders est un ꝑol mention ē mults Statutes, come en 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4. c. 13. & 31 H. 6 c. 5. & semble destr̄ tōut un ove ceux Officere queux ore nous appellomus Scrutatores, imployes p̄ le Trover des biens imports ou exports sans prayer del Custō.
Fine.
FIne asc' foits est prise pur un Summe d'argent quel asc' est de payer al Roy p̄ ascū contempt ou offence; quel Fine chesc' (que) com̄it asc' Trespass, ou que est cōvict que il fauxmēt denie son fait, ou fesoit ascun chose en contempt de Ley, payera al Roy: que l est appel Fine al Roy.
Ascun foits Fine est prise pur un final Concord quel est ewe enter ascuns persons touchant asc' Tr̄e ou Rent, ou auter chose, dont asc' Suit ou Brief est enter eux pendant en asc' Court; quel poit este en divers manners. L'un est, quant l'un partie r [...] conust ceo estr̄ le droit del aut', cōe ceo que il eit del Done cestuy que fesoit le Reconusans, quel touts foits suppose un Feoffment precedent, & est [Page 392] dit Fine execute: Ou si il reconust ceo destre le droit del auter, omittant les parols ( come ceo que il eit de son Done) c' esteant Fine sur conusans de droit tant', si soit levie a cestuy que eit le Franktenement del Terre, est Fine sur R [...] lease.
Si cestuy que ceo conust est seisie, & celuy a que est levie n'eit le Frank-tenement del Tr̄e, donques est dit Fine executorie, quel cestuy a (que) le Tr̄e est conus poit executer per Entrie, ou Scire [...] acias.
Ascun foits tiel Fine Sur conusance de droit tantum est p̄ faire un Surrender: lou en ceo est repeat, q' le Reconusor eit Estate p̄ vie, & l' aut' en Reversion.
Ascun foits ceo est ewe de passer un Reversion, lou particular Estate est recite destr̄ en auter, & que le Reconusor voit que l' auter avera le Reversion, ou que le Terre remaine al auter apres le particular Estate finie.
Et ascun foits celuy a (que) le droit est conus, come ce [...] q̄ il ad del Done le Reconusor, rendra [...] ū Rent hors de ceo al Conu [...] r. [...] ceo asc' foits pur l'entire Fee▪ ascun foits pur un particular Estate, ove Remainder ou Remainders ouster; & asc' foits ove Reservation [...] Rents ove Distresse & Graunt [...] ceo oust [...] r per mesme Fine.
Est appel Fine, quia ꝑ ceo [Page 393] le Suit est determine; & si ceo soit record ove Proclamation, solonque le Statute 4 H. 7. ceo barre Estrangers.
Fine force.
FIne force, signifie un absolute Necessitie; ficōe lou hōe est constreine [...] faire asc' chose le q̄l ne poit ꝑ asc' voy avoi [...] , nous disō q̄ il fist c' [...] Fine force. Et issint cest ꝑol est use ē Perk. sect. 321. ē Woodland & Mantels Case, ē Plow f. 94. b. & ē Eatons Case cite en Foxlys Case ē le 6. Re. f. 111. a.
Finors.
FInors sont ceux (que) purifiont Or & Argent, & eux sever per feu & eau del Metals plus base & vile; & pur ceo en le Statute de 4 H. 7. c. 2. sont auxy appels Parters.
Fire-bote.
FIre-bote est necessary Boys p̄ arder, quel, ꝑ le Common Ley, Lessee pur ans ou pur vie poit prender en son Terre, nient obstant il ne soit expresse en son Lease; & nient obstant il soit un Lease ꝑ Parol tantum sans Fait: Mes sil prist pluis que besoigne, il serra punie en Waste.
First-fruits.
FIrst-fruits (Primitiae) sont les Revenues de chescun Spiritual Benefice pur un an, queux ē auncient temps fueront dones al Pape, mes ꝑ le Statute de 26 H 8. c. 3. sont ore transferres al Roy.
F [...] edwite
FLedwite est, quietum esse de Amerciamentis, cū quis utlagatus Fugitivus veniat ad Pacem Domini Regis sponte vel licenciatus.
Flemeswite.
FLemeswite est, quod habeatis Catalla five Amerciam̄ hominis vestri Fugitivi.
Fletwit.
FLetwit, ou Flitwit, est, quietum esse de Contententione & Cōvictis, & quod habeatis Placitum inde in Curia vestra, & Amerciamenta; car Flit Anglice est Treason Gallice.
Floatsam.
FLoatsam, ou Flotson est, quant un Niefe est submerge ou auterment perish, & les biens float sur la Mere, & ils sont dones al Seigniour [Page 395] Admiral ꝑ ses Letters Patents. Veies Coke lib. 5. fol. 106.
Fold, Fould-course.
FOld, Fould-course, en Latine Falda, & Faldae cursus, est com̄on ꝑ barbits, vid. Shack. & Co. Ent. 14, 15. Co. 8. Rep. 125. 1 Cro. Rep. Spooner & Day.
Folkmoot.
FOlkmoot signifie (selon Lambert en son Exposition del Saxon parols) deux kinds del Courts; l'un ore appel le County Court, l' auter le Sheriffs Tourne. Et en Londres il signifie a cest jour celebrem ex omni Civitate Conventum. Stows Survey.
Footgeld.
FOotgeld est un Amerciam̄t p̄ nient prendrant hors les Bals des pees d'graūd Chiens ē l' Forrest, p̄ que veies Expeditate: Et destr̄ quit de Footgeld est un priviledge de aver Chiēs irregular deins l' Forrest sans paine ou controlle Crompt. Jurisd. fol. 197. Manwood, part. 1. pag. 86.
Forcible Entry.
FOrcible Entry est un Violent actual Entrie en Meason ou Terre; ou prend [Page 396] Distres oves armes, soit q̄ il offer Violence ou nemy. West, par. 2. Symb. tit. Inditement, Sect. 65.
Forest, on Forrest.
FOrest est un lieu priviu ledge ꝑ authoritie Royal, ou per Prescription, pur le peaceable abode & nourishment del Beasts, ou Oiseaux del Forrest, pur le disport del Roy: Pur q̄x ont este en antient temps certaine peculiar Officers, Leyes & Orders, part de q̄x appearont en le graund Charter de le Forrest.
Forester.
FOrest [...] r est un Officer del Forest, que est jure pur ꝑserve le Vert & Venison del Forest, pur attend [...] r sur les Feres deins son Bayliwick [...] eux veiller & safement garde [...] per jour & per nuict pur attacher touts Offendors la ou en Vert ou en Venison, & eux de pretenter as Courts del Forest, al intent ꝑ poient estre la punies solonque lour Delicts.
Forfeiture del Marriage.
FOrfeiture del Marriage fuit un Brief que gisoit p̄ le Seignior en Chivalry vers [Page 397] son Gard, ꝑ refuse un convenable Marriage tender a luy per son Seignior, & deins age marrie un auter sans l' assent son Seignior. Et veies pur ceo Fitzh. N. B. fol. 141. g. &c.
Forger des fauxs Faits.
FOrger des faux Faits venust de ꝑol Francois Forger, que signifie Fabricare, framer & fashioner, come un Forgeron son overage sur le Enclume. Et est use in nostre Ley, pur l' fraudulent feasance & publisher de faux Faits al prejudice del droit dun auter. Fitz. en son N. B. fol. 96. B. C. dit que Brief d' Disceit gist vers celuy que issint forge ascun fait.
Forjudger.
FOrjudger est un Judgment done en un Brief de Mesne, port per un Tenant envers le Mesne Seignior, ꝑ doit acquiter le Tenant des Services demandes per le Seignior paramount, de que le Tenem̄t est tenus, & le Mesne ne voile appear; donques Judgment serra done, que l' Mesne Sn̄r perdra son Seigniorie, & que le Tenant dillonques tiendra del Seignior paramount per tiels Services come le Mesne tenoit devant, & serroit discharge [Page 398] del Services q̄ux il rendoit al Mesne, per le Statute de West. 2. cap. 9. q̄ est appel un Forjudger.
Et auxy si un Attorney ou auter Officer en ascun Court soite ouste & prohibite de user ceo, il est dit destre forjudge le Court.
Formedon.
FOrmedon est un Brief, & gist lou Tenant en le taile infeoffa un Estrang', ou est disseisie, & devie; son Heire avera Brief de Formedon p̄ recover le Terre. Mes sont trois Briefs [...] e Formedon. Un est en le Discender, & ceo est en le case avantdit. Auxy si un done Terre en le taile, & pur default de issue le Remainder a un aut' en le taile, & que pur default de tlel issue le Terre revertera al Donor; si le primer Tenant en le taile [...] evie sans issue, cesty en le Remainder avera un Brief de Formedon en le Remainder: Mes si le Tenant en le taile devie sans issue, & cestuy en le Remainder auxy devie sans issue, donques l'Donor ou ses heires avera un Formedon en le Reverter.
Forrein.
FOrrein est un parol adjective use, & joyne ove [Page 399] divers substantives: come Forrein matter triable en aut' Countie, Pl. Cor. 154. ou matt' fait en auter Countie, Kitch. fol. 126.
Forrein Plee est un refusal del Judge come incompetent, pur ceo que le matter dependant ne fuit deins ses Limits, Kitch. fol. 75. & Anno 4 H. 8. cap. 2. & An. 22 ejusdem c. 2, & 14.
Forrein Respons est tiel Respons que nest triable en le Countie ou il est fait, Anno 15 H. 6. cap. 5.
Forrein Service est tiel Service ꝑ q̄ un Mesne Sn̄r tient ouster [...] un aut' dehors le circuit [...] son fee demesn̄, Bro. tit. Tenures, fol. 251. num. 12, & 28. & Kitch. fol. 209. Ou auterm̄t ceo que un Tenant performe ou a son Sn̄r demesne, ou al Sn̄r Paramount hors del fee. Car de tiels Services Bract. lib. 2. cap. 16. num. 7. issint parle:
Item sunt quaedam Serv. quae dicuntur Forinseca, quamvis sunt in Charta de Feoffamento expressa & nominata, & quae ideo dici possunt Forinseca, quia pertinent ad Dom. Regem, & non ad Dominum Capitalem, nisi cum in propria persona profect' fuerit in Servitio, vel nisi cum pro Serv. suo satisfecerit Domino Regi quocunque modo; & fiunt in certis temporibus, cum casus & necessitas evenerit, & varia nomina habent & diversa: Quando (que) enim nominatur [Page 400] Forinesca, large sumpto vocabulo, quod Servitium Domini Regis, quandoque Scutagium, quandoq [...] Servitium Domini Regis; & ideo Forinsecum dici potest, quia fit & capitur foris, five extra Servitium quod fit Domino Capitali. Veies Bro. Tenures 28, 95.
Forraine Service semble destre Service de Chivaler, ou Escuage non certain, Perkins, sect. 650.
Forrein Attachment est un Attachment des biens de Forreiners deins ascun Franchise ou Citie, p̄ le satisfaction de asc' Citizen a que le dit Forreiner doit argent.
Forreine Apposer est un Officer en le Exchequer, a que touts Viscounts & Balliffs viendront, ꝑ luy destre appose de lour Greene wax: Et de ceo il treit un charge sut le Viscount ou Balliff al Clerk del Pipe.
Forsechoke.
FOrsechoke semble de signifier fi moult come forsaken, en nostre modern̄ language: Il est especialment use Anno 10 Ed. 1. c. unico, p̄ Tr̄es ou Tenements seisie ꝑ le Sn̄r, p̄ defalt del Services due a son Tenant, & issint quiete ten̄ & possesse passe le an & jour.
Forestaller.
FOrestaller, est celuy que achat' Blees, Avers, ou aut' Merchandize quecunque, ꝑ le chimin qn̄t il vient al Markets, Faires ou tiels semble lieux destre vende, al entent a vender ceo al un pluis hault & chare price, en prejudice de le Commonweale & gents, &c.
Le Penaltie p̄ ceux queux sont convict de ceo est, le primer temps, Imprisonment p̄ deux moys, & ꝑ [...] de le value del chose vende.
Le second temps, Imprisonment per le space de demy an, & per [...] de double value des biens, &c.
Le tierce temps, Imprisonment durant le pleasure le Roy, & judgem̄t del Pillory, & forfeit' [...] touts ses biens & chateux. Veies le Statute 5 Ed. 6. cap. 14.
Forestall.
FOrestall est, quietum esse de Amerciamentis & Catal' arrestatis infra Terram vestram, & Amerciam̄ta inde provenientia.
Founder.
FOunder est celuy que use l'art [...] l Amolir ou dissolver [Page 402] Metals, & de fair ascuu choses d' eux per jecter en Molds. Semble daver son nosme del Latine parol Fandere, & est mention en le Stat. de 17 R. 2. cap. 1.
Fourcher.
FOurcher est un devise use a delayer l' Plaintiff ou Demandant en un Suit envers deux, q̄ux a ceo ne sont [...] respon [...] tan (que) ils ambideux appeare, & l'Appearance ou Elsoin̄ [...] ū de eux voile excuser le Defalt del aut' a cel jour; & eux agrea, que l'un de eux solement serra essoine ou appearera al un jour, & pur default del Appearance del aut', avoit jour ouster de appearer, & l' aut' ꝑtie avera mesme le jour; & a c' jour lauter voile appearer ou estre essoine, & cestuy q' devant ap caro [...] t ou fuit essoin̄ ne voile donques appear̄, p̄ ceo (que) il esperoit daver aut' jour ꝑ le Adjournm̄t del partie q' donques appiert ou est essoine. Ceo est appel Fou [...] cher, & en ascuns cases le mischiefe ꝑ ceo est remedie ꝑ le Statute de Gloucest. cap. 10. & Westm. 1. cap. 42.
Franchise.
FRanchise est un ꝑol Francois, & signifie ē nr̄e Ley [...] Im̄unitie ou exemption [...] l [Page 403] ordinarie Jurisdiction; cōe p̄ un Corporation de ten̄ Pleas deins eux mesmes a tiel value, &c. Veies de ceo en- Vieux N. B. fol. 4. a, b.
Franches Royal.
FRanches Royal est, lou le Roy grant al un & a ses heires que ils serr̄ quit de Toln̄, vel hujusmodi.
Frank-almoigne.
FRank-almoigne est, lou en antient temps Terres fueront dones a un Abbot & son Covent, ou a un Deane & a le Chapt', & a lour Successors, en pure & ꝑpetual Almoigne, sans expresser ascun Service certain̄; ceo est Frank-almoigne; & ils sont tenus devant Dieu, de fair Oraisons & Prayers pur la Donor & ces Helres, & pur ceo ils ne ferront Fealtie: & si tiels (que) ont Terres en Frank-almoigne ne font ascun Prayers ne Divine Service pur les Ames le Donors, ils ne serront ꝑ les Donors a ceo compelles, mes les Donors poyent complaine al Ordinarie, luy preyant que tiel negligence ne soit pluis avant, & l'Ordinarie [...] droit c' doit faire.
Mes si ū Abbe, &c. tiēt Tr̄s de son Sn̄r pur certa [...] n̄ Divine Service destr̄ fait, cōe [...] chā ter [Page 404] chesc' Venderdie ū Masse, ou de faire auter chose certain̄; si tiel Divine Service ne soit fait, le Sn̄r poit distrein, & en tiel case l' Abbe doit faire a le Sn̄r Fealtie: & p̄ ceo il nest pas dit Tēure en Frank-almoigne, mes Tenure per Divine Service; car nul poit tener en Frank-almoigne, si soit expresse ascun certain Service.
Franke Bank.
FRanke Banke sont Copihold-terres que le feme, esteant espouse un Virgin, ad apres le mort sa baron p̄ sa Dower, Kitch. fol. 102. Bract. lib. 4. tract. 6. cap. 13. num. 2. ad ceux ꝑols; Consuetudo est in partibus illis, quod uxores maritorum defunctorum habeant. Francum Bancum de Terris Sockmannorum, & teneant nomine Dotis. Fitz. appel c' un Custome, ꝑ q̄ en ascuns Cities le feme avera touts les Terres de sa baron p̄ sa Dower, N. B. fol. 150. Veies Plow. fol. 411.
Franke Chase.
FRanke Chase est un Franchise, ꝑ q̄ touts homes ayant Tr̄e deins cel cōpasse sōt ꝓhibit de succider le Bois, ou discover, &c. sans le view del Forrester, niēt obstant q̄ soit sō demesn̄. Crom. Jaris. f. 187.
Frank Fee.
TEner in Frank Fee est, a ten̄ en Fee-simple Tr̄s pleadable a la Common Ley, & nient en Ancient Demesne.
Frank Ley.
FRanke Ley: Veies Crom Just. de Peace, f. 151. ou vous poys trove q̄ c' est per le contrarie: car celuy q̄ p̄ un offence, come Conspiracie, perde son Frank Ley, est dit de ca [...] en ceux males. 1. Que il ne unques serra impanel fur asc' Jurie ou Assise, ou auterm̄t use en disant asc' voiertie: Auxy sil ad asc' chose a faire en le Court le Roy, il ne ceo ven̄a en person, mes covient a [...] esign̄ son Atturnie: 3. Ses Terres, Biens & Chateux sont destre seise en les maines le Roy, & ses Terres serroint estreape, ses Arbres radicate, & son Corps commise al prison.
Franke Marriage.
FRanke Marriage est, qn̄t un home seisie de Terre en Fee-simple dōe ceo al aut' home & sa feme, q̄ est file, [Page 406] soer, ou auterment de kin al Donor, in Frank-Marriage, per vertue de queux parols ils ont un Estate en special taile, & tiendr̄ le Terre del Donor quitte [...] touts man̄ers des Services, tanque le quart degree soit passe, accountant eux mesmes ē l'prim̄ degree; fi non Fealtie, queux ils serront, [...] ur ceo q̄ est incident a touts Tenures, sorsque Frankalmoigne. Et tiel Done poit estre fait cybien apres Marriage solemnize, come devant. Et home poit done Ter̄s a son fits en Frank Marriage, cybien come a son File, per le opinion de Fitzherbert en son Br̄e de Champerty, H.
Mes il appiert auterment en Littleon, & en Broke, tit. Frank-marriage, pla. 10. Et issint il fuit tenus clere en Greys Inne en Lent, An. 1576. 18 El. per M. Rhodes, donques Lector la.
Frank-plege.
FRank-plege signifie un Plege ou Suretie pur Frank homes, solonque le ancient Custom d' Angleterre, pur preservation del publique Paix. Veies le Stat. pur Vieu de Frank-plege, Anno Ed. 2. & Veies Vieu de Frank-plege.
Frank-Tenement.
FRank-Tenement est un Estate que home ad en Terr̄s ou Tenements, ou Profit a prender en Fee-simple, taile, p̄ terme de son vie demesne ou daut' vie, en Dower, ou ꝑ le Curte [...] e d' Angleterre: & south ceo il nest Frank tenemente; car il que ad Estate p̄ ans, ou tient a vol', nad asc' Frank-tenement, mes ils sont appels Chatels.
Et de Frank-tenement il y ad deux sorts, viz. Frank-tenement en fait, & Frank-tenement en Ley.
Frank-tenement en fait est, q̄nt un home ad entre de Terres ou Tenements, & est seisie de ceo realment & actualment. Sicome le pere seisie de Terres ou Tenements en Fee-simple devie, & son fits enter en eux come heir a son pere, donques il ad ū Frank-tenement en fait ꝑ son Entrie.
Frank-tenement in Ley est, qn̄t Terres ou Tenements sont discendus al un home, & il poit enter en eux quant a luy pleist, mes nad unc' fait son Entrie en fait: Come en le case avantdit, si le pere, esteant seisie de Terr̄s en fee, devie seisie, & ils discend a son fits, mes l' fits and unc' enter en fait en eux; ore devant son Entrie il ad un Frank-tenement en Ley.
French-man.
FRench man fuit use pur chescun Alien. Bracton, lib. 3. Tract. 2. cap. 15. Veies Engleshery.
Frendless man.
FRendless man fuit le veil Saxon ꝑrol p̄ luy que nous appel' ū O [...] tlaw; nam forisfecit Amicos suos. Bracton, lib. 3. Tract. 2. cap. 12.
Fresh Force.
FResh Force (Frisca Forcia) est un Force comise deins asc' Citie ou Borough, come per Disseisin, Abatement, Intrusion, ou Deforcement des ascuns Terres ou Tenements deins le dit Citie ou Borough. Pur redresser de q̄l tort, cestui q, droit ad poit p̄ l'Usage del dit Citie ou Borough aver son remedie sans Brief, per un Assise ou Bill [...] e Fresh Force port deins 40 jours apres le Force cōmise, ou Title a luy accrue. En quel Action il poit faire son protestation de suer en le nature [...] quel Brief que il voit. Et veies p̄ ceo matter Fitzh. N. B. f. 7. C. & Vi [...] ux N. B. f. 4. a.
Fresh Suit.
FResh Suit est, quant un home est robbe, & le partie issint robbe pursua le Felon immediatement, & luy prist ove le manner, ou auterment, & donques port ū Appeale envers luy, & luy convince del Felonie ꝑ Verdict; le quel chose esteant enquire pur le Roy & trove, le partie robbe avera restitution de ses bi [...] ns arere.
Item il poit este dit que le partie fait Fresh Suit, nient obstant que il ne prist le Felon presentment, mes que il soit demy an ou ū an apres le Robberie fait devant (que) il soit prise; si soit issint (que) le partie robbe fait tant q̄ en luy est per diligent enquirie & search, đ luy prender; nient obstant (que) il est prise ꝑ un auter home, uncore c'serra dit Fresh Suit.
Fresh Suit est auxy, quant le Sn̄r vient pur distreine pur Rent ou Service, & l'Owner des Beasts fait rescous, & enchase eux en auters Terres que nest tenus del Seignior, & le Seignior ensue ꝑsentm̄nt, & reprist eux. Et issint en auter semblables cases.
Friperer.
FRiperer est un parol use en le Statute de 1 Jac. c. 21. [Page 410] pur un sort des Brokers. Et semble destre un parol prise del Francois Fripier, Interpolar; & p̄ ceo un Friperer est un que use de Polir vieux Vestiments p̄ vender arere.
Frumgyld.
FRumgyld est un veil Saxon parol, (que) signifie le prime Payment fait al kindred de un person occise, en recompence de son Murder. L. L. Edmundi c. ult.
Fugitives goods.
FUgitives goods sont les ꝓper goods de luy (que) sue sur Felonle, le quel, apres le Flight loyalm̄t trove, apꝑtein a Roy. Coke, vol. 6. f. 109. b.
G.
Gable.
GAble, Gablum, est en anciēt Records un vieux ꝑol ꝑ signifie ū Rent, Dutie, Custome, ou Service yield ou fait al Roy ou asc' auter Sn̄r. Veies le Com̄ent in Littl. f. 142. a.
Gager de deliverance.
GAger de deliverance est, lou un sua Replevin de biens prise, mes il n'ad Deliverie des biens, & l'auter avowa, & le Plaintiff monstra q'le Defendant est uncor̄ possesse des biens, &c. & pria q' Defendant gagera Deliverance; donques il mittera eins Suretie ou Plege pur le Redeliverances, & un Brief issera al Viscount pur redeliverer les biens, &c. Mes si home claime propertie, il ne gagera Deliverance.
Auxy sil dit que l'Avers sont morts en le Pound, il ne gagera, &c.
Auxy home ne gagera jammes l'Deliverance avant q̄ ils soient a Issue, ou Demurrer en Ley, ut dicitur.
Gainage.
GAinage (Wainagium) semble de vener del parol Francois Gaignage, id est, Questus sive Lucrum; mes en nostre Ley il signifie le Profit plus ꝓperment que venust del Tillage del Tr̄e. Et p̄ ceo en le Statute [...] Mag. Chart. c. 14. est enact, que un Villain serra amerce salvo Wainagio suo; & en West. 1. c. 6. save son Gainage; & c. 17. est enact, Que celuy q̄ deforce asc' del deliverance [Page 412] des Avers per Replevin, rendra al Plaintiff le double des dam̄ages queux il ad receive de ses Avers, ou de son Gainage disturbe, &c. Et ꝑ le Statute de districtione Scaccaria falt en 51 H. 3. est Enact, Que nul home de Religion ou aut' serroit distreine per les Avers que gaine son Terre.
Galli-halpens.
GAlli-halpens fueront certain Coine ꝓhibit ꝑ le Stat. Anno 3 H. 5. c. 1.
Gaole.
GAole, ou Gayle, venust de parol Francois Geole, id est, Caveola, mes metaphorice est use pur un Prison. Et de ceo le Gardian del Prison est appel un Gaoler ou Gayler.
Garbe.
GArbe venust del Francois Garbe ou Gerbe, id est, Fascis. Cest parol est use en le vieux Stat. appel Charta de Foresta c. 7. lou Herbas en le Latine est, translate Garbe en Anglois.
Garble.
GArble est de Sorter & selecter le bone chose de le male; come le Garbling de Bow-staves, Anno 1 R. 3. c. 11. & le Garbling [...] Spice est riens auter forsque [...] Purifie ceo del Drosse ove q̄ il est mixe. Veies de ceo a large en le Statute 1 Jac. c. 19.
Garde.
GArd est, quant un Enfant, quel Ancestor tient per Service de Chivalri, est en le Gard & Custodie de le Seignior de que ils fueront tenus. Et si le Tenant tient de divers Seigniors divers Tr̄es, celuy Seignior de que il tient ꝑ prioritie, cestascavoire, per le pluis ancient Tenure, avera le Gard: Mes fi un Tenure soit auxy antient q̄ l'auter, donques celuy q̄ primes gain̄ le Gard de le corps gardera ceo: Mes chescun Seignior avera le Gard del Tr̄e que est tenus de luy. Et si le Tenant tient ascun Tr̄e del Roy en chief, le Roy per son Prerogative avera le Gard del Corps, & de tout le Tr̄e que est tenus de luy, & de chescun auter Seignior.
Auxy sont divers Briefs de Gard. Un est Brief de Droit de Gard, & gist lou [Page 414] le Tenant devie, son Heire deins age, & un Estranger entra en le Terre, & happa d'aver le Gard le Corps de l' Enfant.
Brief [...] Ejectment de Gard gist, lou home est ouste de le Gard de Terre, sans le Corps [...] l'Enfant.
Brief de Ravishment de Gard gist, lou le Corps est prise [...] luy solement, & nient le Terre.
Mes veies le Stat. 12 Car. 2. cap. 24. pur Abolishing le Court del Wards, &c.
Gardeine.
GArdein ou Wardein plus ꝓperment est celuy que ad le Gard ou Custodie d'un Heire, & de son Tr̄e tenus ꝑ Service de Chivaltie, ou d'un d'eux, a son use demesne, durant le Nonage del Heire; & deins cest temps ad le bestowing del Cor [...] s del Heire; en Marriage al son vol', sans disparagement.
Et de Gardeins il y ad deux sorts; nosmem̄ [...] , Gardein en Droit, & Gardein en Fait.
Gardein en Droit est celuy (que) ꝑ reason de son Seigniorie est seisie del Gardship ou custodie del Terre & del Heire, durant le Nonage del Heir̄.
Gardein en Fait est, lou le Seigniour apres son Seisin, come avantdit, granta per [Page 415] Fait, ou sans Fait, le Gardship del Terre, ou del Heire, ou de ambideux, a un auter, ꝑforce de quel Grant le Grantee est en possession: Le Grantee est appel Gardein en Fait.
Et cest Gardein en Fait poit grāt le Heir̄ al aut' auxy: mes cest auter nest ꝓperment appel Gardein en Fait, mes Grantee del Gardein en Droit solement.
Mes le Gardein en Socage ad le profit solement ad use del Heire, jesque il ad accomplish l'age de 14 ans, & rendr' pur ceo account al Heire. Vide pluis de ceo, Littl. lib. 2. cap. 4, & 5. & Stamford. sur Statute de Prerogat. cap. 1, 2, & 6.
Gardeins del Esglise.
GArdeins del Esglise sont Officers elects en chescun Paroisse, pur aver l' care & custodie des biens del Esglise; & ils poient aver un Action p̄ les biens del Esglise & divers auters chose [...] ils poient faire p̄ l'benefit l'Esglise & ꝑl Statute de 43 El. cap. 2. ils doient joinder ovesque les Surveyors en le feasance des Rates & auters provisions pur les Povres del Paroisse.
Gardein des Spiritualties.
GArdein des Spiritualties per la general Ley est le Deane & Chapter del Diocesse, si ne soit un custome q̄ l' Archivesque del Province soit le Gardein sede vacante; Son Office est a tener Court, prover Testamēts, granter Administrations & a supplie le lieu del Evesque.
Garnishment.
GArnishment: Sicome un Action [...] Detinue des Charters est port vers un, & le Defendant dit, que les Charters fueront deliver a luy per le Plaintife & per un auter sur certain Conditionss. & prie que l' auter soit garnie de pleader ove le Plaintife, si les Conditions sont perimple, ou nemy, & sur ceo un Brief de Scire facias issera vers luy; ceo est appel Garnishment: & l'auter quant il vient eins pledera ove le Plaintife; & c' est appel Enterpleader.
Garranty.
GArranty est qn̄t un est lie al aut' que ad Terre, de garrant le m̄ a luy; le q'l poit [Page 417] estr̄ ꝑ deux meanes: cestasea voir̄ per Act del Ley, Come si un & ses Ancestors out tenus Terre del auter & ses Ancestors per temps dont memorie ne court per Homage, que est appelle Homage Auncestrel: Ou per l' Act del Partie, que grant per fait ou Fine al Tenant del Terre de garrant ceo a luy; sur quel si le Tenant soit impleade per luy que doit garrant ou ses heires, le Tenant barra le demandant per pleader de Garranty vers luy, que est appel Rebutter, ou si soit emplede per auter en Action en que il poit vouch, il vouchera cestuy que garrant', ou ses Heires, & si le Plaintiff recover, le Tenant recovera en value vers le Vouchee.
Garrantie est en trois manners; cestascavoir̄, Garrantie Lineal, Garranty Collateral, & que commence per Disseisin,
Garrantie Lineal est, lou home seisie en fee, ou en tail fait Feoffment a un auter, & oblige luy & ses heires a Garrantie, & ad issue fitz, & morust, & le Garrantie discend a son fitz. Car si nul Fait ove Garrantie ust esse fait, donques le droit des Terres disceuderoit al fitz, come Heire a son pere, & il conveicroit le Discent de le pere a le fitz.
Mes si Tenant en le taile discontinua le taile, [Page 418] & ad issue, & devie, & le Uncle del issue relessa al Discontinuee ove Garrantie, &c. & morust sans issue; ceo est Collateral Garrantie al issue en le tail, p̄ ceo que le Garrantie discend sur le issue, le quel ne poit soy conveyer a le taile ꝑ le mean de son Uncle.
Et en chescun case lou hōe demanda Terres en Fee-tail ꝑ Brief de Formedon, si asc' Ancestor del issue en le taile fait un Garrantie, & cestuy q' sue le Brief de Formedon, per possibilitie [...] l matt' q' puissoit estre fait, convey a luy Title ꝑ force del son done q' fist le Garrantie, &c. ceo est donq̄s un Lineal Garrantie, ꝑ quel le issue en le taile ne serra barre, sinon (que) il ad Assets a luy descendus en Fee-simple. Mes si il ne poit ꝑ asc' possibilitie convey a luy Title ꝑ force [...] l Don̄ [...] celuy que fist le Garrantie, dōques ceo est un Collateral Garrantie, & per la le issue ē le taile serra barre sans ascuns Assets. Et le cause que tiel Collateral Garrantie est un Barre al issue en le taile est, p̄ ceo que touts Garranties, devant le Statute [...] Gloucester, q'ux discendant a ceux queux sont Heir̄s a ceux que fesoient les Garranties, fueront Barres a mesm̄ les Heir̄s a demander asc' Terres, forsprise les Garranties que cōmence per Disseisin; & pur ceo que le dit Statute ad ordaine, Que le Garrantie del Pere ne serra [Page 419] Barre a son Fits p̄ les Tr̄s que veigne del heritage le Mere, ne le Garrantie de le mere les serra Barre al Fits pur les Terres que veigne del heritage del Pere; & le Statute de 11 Hen. 7. cap. 20. & nul de les Statutes, ad ordain̄ ascun remedie encounter asc' auter Collateral Garrantie; ideo tiel Garrantie est uncor̄ en sa force, & serra Barre al issue en le raile, come il fuit devant le Statute.
Auxy il convient que touts Garranties, per que ascun Heire serra Barre, discend per course del Common Ley a celuy que est Heire a Garrantor; ou auterment il ne serra Barre: car si le Tenant en le tail des Terres en Borough English, lou le puisne fits inheritera ꝑ le Custome, discontinua le taile, & ad issue deux fits, & le Uncle relessa al Discoctinuee ove Garrantie, & devie, & le puisne fits port Formeaon; uncore il ne serra barre per t [...] el Garrantie, causa qua supra. Auxy si ascun home fait un Fait ove Garrantie, ꝑ quel son Heir serrolte barre, & celuy que sist le Garrantie soit att [...] int de Felonie; son Heire ne serra barre per tiel Garrantie, p̄ ceo (que) tiel Garrātie, ne puit discender sur luy, le sanke esteant corrupt.
Garrantie commenceant per Disseisin est, si le fits purchase Terres; & lessa les Terres [Page 420] a son pere pur ans, & le pere per son Fait c' de enfeoffa un estrang' & oblige luy & ses heires a Garrantie, & le pere devie, per quel le Garrantie discend al fits; uncore cest Garrantie ne barrera my le fits, mes le fits bien poit ent' nient obstant, pur ceo que cest Garrantie commensast per Disseisin, quant le pere fist le Feoffem̄t, que fuit un Disseisin al fits. Et come est dit de Pere, Issint poit estre dit de chesc' aut' Ancestor. Et mesm̄ le Ley est, si l' Ancestor soit Tenant per Elegit, ou per Statute-Merchant, & fait ascun Feoffement ove Garrantie, tiels Garranties ne serront Barres, pur ceo que ils commenceont per Disseisin.
Garrantie des Charters.
GArrantie des Charters est un Brief quel gist lou asc' Fait est fait que comprehende clause de Garrantie, cestascavoir̄, Dedi ou Concessi, ou cest parol Warrantizabo; & si le Tenant soit implead per un Estrang' en Assise ou tiel Acc' lou il ne poit vouch a Garrantie, donques il avera cest Br̄e vers son Feoffor ou son Heir̄; & si le Terre soit recover vers luy, il recovera tant del Terre en value vers cestuy que fist le Garrantie. Mes cest Brief coviēt estr̄ sue pendant le primer Brief vers [Page 421] luy, auterment il ad perde son advantage.
Auxy sur Garrantie en Ley, come sur Homage auncestrel, ou sur Rent reserve sur Lease de vie ou Done en le taile, home avera Brief de Garrantie de Charters, mes nemy sur Escuage.
Garrantie del jour.
GArrantie del jour. Veies p̄ ceo Warrantia diel.
Gavelate.
GAvelate est un special & antient kind de Cessavit, use en Kent, lou le Custom̄ de Gavelkind continue, per quel le Tenant forfeitera fes Terres & Tenements al Seigniour de que ils font tenus, sil deteine de son Seignior ses due Rents & Services, solon (que) cest mann̄:
Si ascun Tenant en Gavelkind Retain sa Rent & ses Services de le Tenement que jl tient de son Seigniour, querge le Seigniour pur agarde de sa Court, de trois semaign̄s en trois semaignes, de trover Distresse sur cel Tenement iesque a le quart Court, a touts foits per Testmoignes. Et si deins cel temps ne Trove Distresse en cel Tenement, per queux il puisse son Tenant justifier, [Page 422] donques a la quart Court soit agarde, que il preigne cel Tenem̄t en sa main̄ en nosm̄ de Distresse, auxy come fuit Boefe ou Vache, & le tient un an & un jour en sa maine sans mainoverer: deins quel terme si le Tenant vient, & ren [...] ses arrearages, & fait reasonable amends de la reteigner, adonque eyt & enjoy sont Tenement, sicome ses Auncestors & luy avant tiendront: & sil ne vient devant l' an & le jour passe, donque aler' le Seigniour al prochein County-Court suivant ove Testmoignes de sa Court, & face la pronuncer cel Processe pur Testmoignage aver; & ꝑ agard de sa Court (apres ceo County tenus) ent' & maineovera en cels Terres & Tenements sicome en son demesne.
Et si le Tenant vient apres, & voile re-aver ses Tenements, & tener sicome il fist devant, face Agree al Seigniour, si come il est antientment dir,
Neghesith selde, & neghesith gelde, & v. li. for the were, er he become Healder. Vide de ceo 10 Henrie 3. Fitzberlert, Cessavit 60. & Statute 10 Edward 2. de Gavelet en L [...] ido [...] , en le Collection del Statutes, London 2. matter tendant mult a cei [...] que per cel parol Cave [...] t le Seigniour [Page 423] avera le Terre pur cesser le Tenant. Et veies Westmonast. 2. cap. 21. que done Cessavit.
Il y ad ascuns Copies que ad le primer Verse issint escript;
Nisith yelde, & nisith gelde: Et auters issint;
Nigesith yeld, & nighesith geld.
Mes ceux ne differ en signification. Auters Copies ōnt ceo solonque cest sort;
Nigondsith seld, & Nigonth geld:
Cest adire, Payera il novies foits, & novies foites repay.
Gavel-kinde.
GAvel-kinde est un Custome annexe & currant ove terres en Kent, appel Gacel-kinde-terres, tenus en antient Socage Tenure. Et est pense ꝑ les erudite en Antiquities, destre appel Gavel-kinde de Give all Kinne, cest adire, a touts les Kinne en un line, accordant come est use enter les Germans, de que nous Anglois, & especialment de Kent, venomus. Ou est appel Gavel-kinde de Give all Kinde, cest adire, al touts les Males, car Kinde en Dutch signifie un Male. Et divers auters semble conjectures sont fait touchant Gavel-kinde, le quel jeo omit.
[Page 424] Les pluis usual Customes sont, Que le Terre est dividable enter les Heires-males; & que le Heire al age de 15 ans poit done & ven [...] sa Terre; & serra Inherit', coment son perre soit attaint & pendue pur felonie; & sa feme serra endowe del demie del Terre dont son baron devie seisie; & le baron serra Tenant per le Courtesie del demie, coment ne avoit issue per sa feme; mes l'Estate del baron & feme cease per lour second Marriage. Et divers auters Customes sont uses en Kent de Terres en Gavel-kinde, pur queux veyes Lambert's Perambulation de Kent.
Gawgeour.
GAwgeour est un Officer [...] l Roy defigne de searcher touts Tuns, Hogsheads, Pipes, Barrels & Tertians de Vine, Oyle, Honey, Butter, & a don̄ eux un Note [...] allowance devant ils sont vendus en ascun leiu. Et p̄ ceo que est marke est un Circle fait ove un instrument de ferre pur cel purpose, il semble q̄ Il prist son nosme de ceo. De cest Office la ad este fait plusors Statutes: le primer est An. 27 E. 3. cap. 8. & les auters sont 4 R. 2. cap. 1. 18 H. 6. cap. 17. 23 H. 6. Cap. 16. 1 R. 3. cap. 13. & 28 H. 8. cap. 14.
Gersuma.
GErsuma est un obsolete parol, pur un fine ou Summe d' argent; il est sovent trove en veil Records. Veies Sir Hen. Spel. Glossarium.
Gild.
GIld, alias Geld, ad divers significations: come ascun foits un Tribute; auter foits un Amerciament; tiercem̄t, un Fraternitie ou Companie combine ensemble per Orders & Leys fait int' eux mesmes ove le congee le Roy. Cambden cita plusors Antiquities per que il appiert de signifier un Tribute ou Tax; come pag. 135, 139, 159, 168, 178. Crompton, en ses Jurisdictions, f. 191. monstre ceo destre un Amerciament, come Footgeld; uncore fol. 191. il dit, Destre quit de touts manners de Gelds est, destre discharge de touts manners de Prestations destre fait pur le prisure de Garbes de Corne, [...] juvene Barbits, & de Lane, al use del Forresters.
Auxy Cambden, pag. 149. dividant Suffolk en trois parts, appel le primer Gildable, p̄ ceo que Tribute est de ceo collect. Et les Statutes Anno 27 Edw. 3. Stat. 2. c. 13. [Page 426] & Anno 11 Hen. 7. cap. 9. usont Gildable en m̄ le sense; & issint Stat. Anno 27 H. 8. cap. 26. De ceo Monsieur Lambert verbo Contubernalis est ꝑswade que l' common ꝑol Gild ou Gild hall preceda, esteant un Fraternitie ou Communaltie de homes aggregated en un Combination, supportant lour common charge ꝑ un mutual Contribution. Et en le Reg. Orig. f. 219. b. la est Gildam Mercatoriam, que semble destre un certaine Libertie ou privilege apꝑtinent al Merchants, ꝑ que ils sont enable de tener certain Plees de Terre deins lour Precincts demesne. Cest ꝑol Gilds ou Guilde est issint use Anno 27 E. 3. c. 51. & An. 15 R. 2. c. 5. Et Guildhalda Tentonicorum est use p̄ le Fraternitie de Easterling Merchants en Londres appel le Still-yard, Anno 22 H. 8. c. 8. Veies Coke, l. 8. f. 125.
Gisarms.
GIsarms fuit un certeine Weapon, mention 13 E. 1. Stat. 3. c. 6. Fleta escrie le m̄ Sisarmes l. 1. c. 24.
Glebe.
GLebe, sōt les terrs de queux un Rector ou Viccar est seisie in Jure Ecclesiae.
Gors.
GOrs (Gurges) est un Estange ou Gulfe d'eau p̄ le p̄server des pessons, per le grant de (que) le Soile m̄ passer̄; & un Praecipe quod reddat gist de ceo, come est a veir en 4 E. 3. 29. b. & 8 E. 3. 13. a. & F. N. B. 191. H.
Granage.
GRanage, Duty en Londres, viz. le 20th. part de Salt import per un Alien, due al Mayor, Dyer, 352.
Grand Cape.
GRand Cape. Veies de ceo apres en le Title Petit Cape.
Grand Distress.
GRand Distress. Veies de ceo devant en le Title Distress.
Grand Serjeanty.
GRand Serjeantie est, lou un home tient del Roy certaine Terres ꝑ le Service de porter son Banner ou Launce, ou amesner son hoste, ou destre son Carver ou Butler a son Coronm̄t, & tiels semblables; & ceo est la pluis digne Service q̄ le Tenant poit fair̄, [Page 428] & p̄ ceo est appel Grand Serjeantie. Mes Petit Serjeanty est, quant ū tient đ Roy, rendant a luy annualm̄t un Arc, un Coteau, un Launce, ou tiel semblable; & ceo nest forsque Socage en effect: mes hōe ne poit tener ē Grand Serjean [...]ie ne ꝑ Petit Serjeantie si non de Roy. Auxy si Tenant ꝑ Grand Serjeantie morust, son Heir, esteant đ plein age, payera al Roy pur Relief le value des Tr̄es, oust' les charges (que) il pay al Roy, p̄ Grād Serjeanty: mes cestuy q' tient ꝑ Escuage payera p̄ son Rel [...] ef fors (que). C. s.
Ceux que sont en les Marches de Scotland, que tient del Roy ꝑ Cornage, ceo est, p̄ ventiler un Cornu quant les Scots entront Angleterre, sont Tenants ꝑ Grand Serjeantie.
Aux' ou un home tient del Roy p̄ trover un home en sa Guerre deins le Realm, c'est dit Grand Serjeantie, p̄ ceo (que) il est fait ꝑ Corps d'ū home: Et si le Tenant ne poit trover home de faire ceo, il est tenus de faire ceo luy mesme.
Mes veies le Stat. 12 Car. 2. c. 24. ꝑ quel touts les Tenures sent ore turne ē frank & common Socage.
Gree.
GRee venust del Francois parol ( G [...]e) Beneplacitum; & signifie en nostre Ley Contentment ou Satisfaction: [Page 429] come en le Statute 1 R. 2. c. 15. de faire Gree as parties est a doner eux contentment ou Satisfaction pur un Offence as eux fait.
Green hew.
GReen hew est tout un ove Vert, cōeappiert ꝑ Manwood en ses Leys del Forrest, c 6. sect. 5. Et p̄ [...] c veies Virt.
Green Wax.
GReen Wax est un parol use en les Statutes [...] 42 E. 3. c. 9. & 7 H. 4. c. 3. & sign fie les Estreats des Issues, Fines & Amerciaments en l' Eschequer, & bailes hors as Viscounts south le Seale del Court, destre ꝑ eux levies en lour several Counties.
Grithbreach.
GRithbreach, hoc est, Pax Domini Regis fracta; quia Grith Anglice, Pax Latine.
Gule de August.
Gule de August est le prim̄ jour ou les Calends del August, q̄ en le temps E. 1. & E. 3. fuit usualment appel de Gule de August, come appiert [Page 430] ꝑ F. N. B. f. 62. l. & Plowden Com. f. 316. b. Est le verie jour S. Petri ad vineula; & le reason pur que est appel le Gule de August est conceive sur un Historie recorde per Durandus en son Rationale Divinorum, l. 7. c. 19. d'un Miracle effect per le Chaine de S. Peter sur le file d'un Quirine un Tribune del Rome, que ꝑ le baiser del dit Chaine fuit cure des Escrovel en sa Gule ( gula.) Et veies Hospin: de origine festorum, f. 85. b.
Gultwit.
GVltwit est un amends pur Trespasse, solonque Saxton en son Description del Angleterre, c. 11.
H.
Habeas Corpus.
HAbeas Corpus est un Br̄e le quel home endite d'asc' Trespasse devant Justices del Peace, ou en un Court d'asc' Franchise, & sur son Prisure esteant gist en Prison pur m̄, poit aver hors del Banke le Roy, ꝑ c' d'amesner luy mesme la a ses costs demesne, & de respon [...] le Cause ley F. N. B. f. 250. h. l'order [...] n [Page 431] ceo case est, primerment [...] ꝓcurer un Certiorari hors del Chancerie, direct al dits Justices, pur le remover del Endictment ē le Banke le Roy; & sur ceo de ꝓcurer cest Bre al Visc', de causer son Corps destre amesne al un jour Reg. Judic. f. 81. ou vous poies trover plusors cases ē queux cest Brief serra use.
Habeas corpora.
HAbeas corpora est un Br̄e que gist contre un Jurie ou ascun d'eux que refusont de venur sur le Venire facias, pur le Trial d'un Meistre port al issue.
Habendum.
HAbendum est un parol de forme en un Conveyance, al voyer intelligence de (que) est destre observe, que en chesc' Fait de Conveyance la sont deux principal darts, le Premisses & l' Habendum.
Le Office des Premisses est, d' expresser le nosme del Grauntor, le Grantee, & le Chose destre grauntee. L' Office del Habendum est, [...] limitter l'Estate, issint (que) le general Implication del Estate, que per construction del Ley passa en les Premisses, est ꝑ le Habendum controlle & qualifie: Sicōe en un Lease a deux [Page 432] homes, Habendum a l'un p̄ vie, ie Remainder al auter pur vie, alter le gen̄al Implication del Joynt-tenancie en le Franktenem̄t, que passera ꝑ les Premisses, si l' Habendum ad este omis. Veies Coke, l. 2. f. 55.
Habere facias Seisinam.
HAbere facias Seisinam est un Brief Judicial que gist lou un ad recover certaine Terres en Court le Roy; donques il avera cest Brief direct al Viscount, luy commandment de done a luy Seisin del Terre, & ne serra retournable.
Habere facias Visum.
HAbere facias Visum est un Br̄e (que) gist en pluseurs Cases, lou View est estre pris del Tr̄es ou Tenements ē question. Veies. F. N. B. in Indice, verbo View; & Br. l. 5. tra. 3. c. 8.
Half-bloud.
HAlf-bloud. Veies Demysank.
Demy Seal.
Demy Seal est un Seal use ē le Chācerie p̄ le sealer de [...] Commissions as Delegates [Page 433] sur un Appeal en un Cause civil ou marine, come appiert ꝑ le Stat. fait en 8 Eliz. c. 5.
Halymote.
HAlymote est un Court-Baron, cōe appiert per Manwood, ē ses Forrest Leys, c. 23. f. 217. a. Et est appel Halymote, cestascavoit, le Concurse des Tenāts d'un Hall ou Man̄or.
Hambling, ou Hoxing des Chiens.
HAmbling, ou Hoxing, ou Hock-sinewing des Chiens, sont antient t'mes del Forrest p̄ le Lawing des Chiens, quant le custom̄ fuit, (cōe appiert ꝑ Manw. Fo. Leys, c. 16. sect. 12.) [...] couꝑ ou berluffer Chiens ē lour Jareds; mes ore est use destre fait en lour Pieds. De q̄ veies Expeditate.
Hand-gun.
HAnd-gun est un Engine q̄ est ꝑhibite destre use & emport per le Statute de 33 H. 8. c. 6. Et com't que un Dagge fuit envent de tardife tēps, & puis le fesans del dit Act, & nest conust ꝑ le nosm̄ [...] Hand-gun, mes ꝑ ū especial nosme; uncore le carrying d'un Dagge est deins le dit Act, & comprehend deins le parol Hand-gun. Issint ou [Page 434] Crosse-bowes sont ꝑhibite ꝑ le dit Act, ꝑ ceo Stone-bowes sont auxy prohibite. Veies Coke, 5. f. 71, 72.
Hangwit.
HAngwit est, quietum esse de Latrone suspenso sine Judicio, vel extra Custodiam vestram evaso.
Hanper.
HAmper del Chancerie, Anno 10 R. 2. c. 1. semble de signifier come Fiscus originalment en Latine.
Haque.
HAque est un petit Hand-gun al longeur des trois quartiers d' un verge, & est mention ē le Stat. [...] 33 H. 8. c. 6. & 2 & 3 E. 6. c. 14. La est aux' parle d'un demy Haque.
Haquebut.
HAquebut est un Gunne mention en le Stat. de 2 & 3 E. 6. c. 14. & est tout un ove un Arquebuse.
Hariot.
HAriot est on deux sorts; l'un Hariot Custome, l' auter Hariot Service.
[Page 435] Hariot Service est mult fo [...] ts expresse ē le Grant d'un hōe ou ē son Fait, (que) il tient ꝑ tiel Service pur payer Hariot al tēps [...] son mort. Et cest Harior est payable apres le mort del Tenant en Fee simple.
Hariot Custome est, lou Hariots ont este payes tēps hors de memory ꝑ Custome. Et ceo poit este apres le mort [...] l Tenant p̄ vie, &c. Mes a parler de ceo genera [...] ment:
Hariot est le melieur Beast (soit il Chival, Boefe, ou Vache) que le Tenant ad al temps de son mort. Et ū Distress poit estr̄ seisie ou pris p̄ ceo, soit il Hariot Service, ou Hariot Custome, al use del Seignior de q̄ le Tenāt tient, ꝑ son Bailiff ou auters Officers. Mes de droit le Seignior ne son Officer ne doit prender Hariot, devant que il soit present al ꝑehein Court tenus apres le Tenant est mort que tiel Beast est due p̄ son' Hariot.
Haward.
HAward, ou Hayward, est un Officer designe en chescun Ville [...] estre le common Herd del Ville: & il est issint appel, ou pur ceo que un part de son Office est pur gar [...] er les Hayes de terres enclose, issint que ils ne soient croppe ne enfringe; ou pur ceo que il garde le Grasse [Page 436] del parde & destruction des Avers, issint (que) Hay poit estre fait de ceo. Il est un Officer jurus en le Court del Seignior: Pur que Serement, veies Kitch. fol. 46.
Haukers.
HAukers est un terme use en les Statutes de 25 H. 8. c. 9. & 33 H. 8. cap. 4. pur Tinkers quieux alont de lieu en lieu per le Pais, & per color des Letters Patents le Roy ou Plachards achatont & vendont Airain & Peweter, & deceive les lieges le Roy & en le poise & en le substance.
Heybote, ou Hedgebote.
HEybote, ou Hedgebote, est necessarie Stuff pur fair̄ & amend Haies, q̄ Lessee pur ans ou p̄ vie de common droit poit prender sur le Tr̄e a luy lesse, nient obstant il ne soit expresse en son Lease, & nient obstant que il soit un Lease ꝑ Parol, sans Escript.
Heybote auxy poit estre prise pur necessarie stuff pur fair̄ Rakes, Forks, & tiels sē bl' instrum̄ts, ove queux hōes usōt ē Somm̄ ꝑ tedder & fair̄ Felne. Et issint un Lessee pur ans prist c', & fuist luy allow per son Lessor, pluis tost, come jeo suppose, pur ceo que [Page 437] tiels Instruments sont faits de slend Subbois, que ꝑ le Common Ley, l'Lessee p̄ ans poit succider & prender, come est avantdit.
Head-borow.
HEad-borow est compound des deux parols Heofed, id est, Caput, & Borhe, id est, Pignus. Issint que Headborow, signifie le chiefe des Frank-pledges en un Decennarie deins un Leet, ou celuy que avoit l'governance des eux q̄ sōt deins sō Pledge demesne; & il fuit appel Headborough, ou Borow-head, ou Borough-holder, ou Third-borow, ou Tithing-man, ou Chief-Pledge, ou Borow-Elder, solōq. le diversite des dialects des divers lieus. Et a ceo jour est ore appel un Constable.
Head-silver.
HEad-silver. Veies Com. Fine.
Heireloome.
HEireloome est ascun parcel des Utensils dū mease, que, ꝑ le custome del asc' Pais, esteant apperteināt al un Mease pur certaine discents, ala ove le Mease (apres le mort del Owner) al Heire, & nemy as Executors.
Herbage.
HErbage est le Fruit del terre provise per nature pur le bit ou bouch del Cattel: Mes il est com̄unem̄ use pur ū Liberty a pascer le Cattel d'un hom̄ en le fund del aut', come en le Forrest, &c. Crom. Jurisd. fol. 197.
Heretico, ou Haeretico comburendo.
HAEretico comburendo est un Brief que gist vers luy que est un Heretique, ceo est, que ayant estre un foits convince de Heresie per l' Evesque, & ayant c' adjure, puis en ceo relapse arere, ou en ascun auter, & est sur ceo commise al Lay poyar.
Et Brit. lib. 1. cap. 17. dit, Que per le Common Ley ceux persons queux seloniousment arseront auters Blees ou auters Measons, Sorciers & Sorcieresses, Sodomites, & Hereticks, serront combures & arses.
Cest Brief est toll per Stat. Car. 2.
Hermitage, & Hermite.
HErmite est un Religious home (que) devote luy mesme [Page 439] a viver solitary ē ascū private lieu ē un Esglise on Mōastery, &c. & son liē est appel Hermitage. Et de ceo Prohibition gist. Nat. Br. 34. G.
Hidage.
HIdage est quietum esse, si Dominus Rex talliaverit totam Terrum ꝑ Hidas.
Nota, Que un Hide de Tr̄e est un entire Plough-land. Et cest kinde de Taxing per Hides fuit mult use en veile temps, cybien pur provision de Armour, come payments de Argent; & c' principalm̄t en les jours del Roy Etheldred, que en l' an de Christ 1006. qn̄t les Danes pristera terre al Sandwich en Kent, tax tout son Tr̄e ꝑ Hides en cest man̄; Que chesc' 310 Hides [...] Tr̄e doiēt trover un Nief furnish, & chesc' 8 Hides doient trover un Jacke & un Sallet, pur le defence del Realme.
Hoblers.
HOblers sont mention en le Statute de 25 E. 3. Stat. 5. cap. 8. estre tiels queux ꝑ lour Tenure sont lies de maintainer un petit Chival, pur doner notice [...] l asc' Invasion ou aut' ꝑil que happa ꝓchein al Mere lou ils demurront.
Hoghenhine.
HOghenhine est celuy que vient a un meason en l' guise dun Guest, & la reposa l'tierce nuict, puis quel temps il est accompt un [...] son Familie en que meason il reposa; & sil offend le Peace l' Roy, son Host covient de respond p̄ luy. Bract. lib. 3 tract. 2. cap. 10. En l'Leys [...] Roy Edward, edite ꝑ Monsieur Lambert, il est appell' Agenhine, ou vous poyes lier pluis de cest meistre.
Homage.
HOmage en nostre Livres est deux-fold. Cest adire, HOmagium ligeum, & c'est tant come ligeance, [...] (que) Bract. parle, l. 3. c. 35. f. 79. Soli Regi debetur sine Dominio seu Servitio. Et lauter est Homagium feudale, (que) ad son original ꝑ Tenure. En Fitz. Nat. Brev. f. 269. la est un Brief p̄ respecture de cest darreine Homage, que est due ꝑ reason del Feud ou Tenure. Mes Homagium ligeum est inherent & inseparable, & ne poit estre respectus.
Homagium ratione Feodi sive Tenurae est define destre un Service que serra fait en tlel manner: Le Tenant en fee ou fee-taile que tient per Homages, [Page 441] genulera sur ambideux genues discincte, & le Seigniour serra seate, & tiendra les maines son Tenant enter ses maines, & le Tenant dire, Jeo devigne vostre home de cest jour en avant de vie & de member, & de terrene honour, & a vous serra foyall & loyall, & foy vous portera des Terres que jeo claime de ten' de vous, salve le foy que jeo doy a nostre Seigniour le Roy: & donques le Seigniour issint seant luy basera.
Com̄t Fealtie serra fait, veies devant en Fealtie.
Le Seneschal le Sen̄r poit p̄der Fealty, mes nemy Homage. Veies le Stat. 12 Car. 2. cap. 24.
Homage auncestrel.
HOmage auncestrel est, lou un home & ses Ancestors [...] temps dont memorie ne courge ont tenus le Terr̄ [...] l Seignior ꝑ Homage. Et si tiel Sn̄r ad receive Homage, il est ten' [...] acquiter le Tenant vers touts auters Seigniors paramount luy [...] chescun man̄ Service. Et si l'Tenant ad fait Homage a son Sn̄r, & soit implead, & vouche le Seignior a Garrantie; le Seigniour est tenus de luy garrant': & si le Tenant perde, il recovera en value vers son Seignior tant des Terres que il avoit al temps de la Voucher, [Page 442] ou unques puis. Auxy si home que tient sont Terre ꝑ Homage auncestrel alien l' Terr̄ en fee, donques l' Alienee ferra Homage a son Seignior; mes il ne tiendra per Homage auncestrel, pur ceo que le continuance deI Tenancie en [...] e sanke [...] l primer Tenant est discontinue.
Homagio respectuando.
HOmagio respectuando est un Brief direct al Escheatour, luy mandant pur deliver Seisin al Heire de ses Terres a son plein age, coment que son Homage ne soit fait. De que veies Fitzh. N. B. fol. 269. A.
Homesoken.
HOmesoken, ou Hamesoken, est, quietum esse de Amerciamentis de Ingressu hospitiorum violenter & sine licentia, & contra pacem Dom̄ Regis: Et quod teneatis Placit' de hm̄di Transgres. facta in Curia vestra, & in Terris vestris.
Homicide, ou Man-slaughter.
HOmicide ou Man-slaughter, est l' Occider de un home seloniousment, sans malice [Page 443] perpense. Il est auxy define issint, Homicidium est hominis occisi ab homine facta. Si autem a Cane, Bove, aut alia re fiat, non dicitur proprie Homicid'. Dicitur Homicidium ab homine & caedo, quasi hominis cadium.
Homine capto in Withernamium.
HOmine capto iu Withernam. est un Brief [...] ꝑ [...] der luy que ad prise ascun Villaine ou Nief, & trahe luy ou el hors [...] l Countie, issint que il ou el ne poit estre replevie accordant al Ley. Reg. Orig. f. 79. a.
Homine replegiando.
HOmine replegiando est un Brief pur le bailer des homes hors del prison. En queux cases gist, &en queux nemy, veies Fitz. N. B. f. 66. E. & veies hic Tit. Replevin, in fine.
Vide Replevin.
Honour.
HOnour, pret' le gen̄al signification, est use specialm̄t p̄ le pluis noble sort de Seignorie, de que auter inferiour Seigniories ou Mannors dependant per performance [Page 444] des Customes & Services, un ou auter, al ceux que sont Seigniours de ceux. Et semble (que) la sont nuls Honours sors (que) ceux que originalment apperteinont al Roy; uncore ils poient en ap̄s estre done en fee al Noble-homes. Le manner del Creation de ceux Honours poit en part estre collect hors des Statutes de An. 31 Hen. 8. cap. 5. lou Hamton-Court est fait un Honour; & Anno 33 ejusd. cap. 37. & 38 per que Amp [...] il & Grafton sont auxy faits Honours; & Anno 37 ejusd. cap. 18. per que le Roy ad poyar done a luy per ses Letters Patents de erecte quater several Honours, Westminster, Kingston sur Hull, S. Osithes en Essex, & Dodington en Barkshire.
Hornegeld.
HOrnegeld est, quietum esse [...] quadam Consuetu [...] exacta per Tallagium ꝑ totam Terram, de quacun (que) Bestia cornuta.
Hors de son Fee.
HOrs de son Fee est un exception pur avoider un Action pur Rent issuant hors del certein Terre, ꝑ luy (que) pretend de estre Sn̄r, ou pur quel (que) Customs ou Services; car si il poit justifie que le [Page 445] Terre est hors de son Fee, le Action morust. Broke, hoc Tit. 7, 8. & 1 Institut. 1. b.
Hospitallers.
HOspitallers (Hospitularii) un Order des Chivalers primes foundue al Jerusalem, & appelles Joannites ou Chivalers [...] S. John de Jerusalem; & fueront appelles Hospitallers, p̄ ceo que ils edifie un Hospital al Jerusalem p̄ l'interteinment de ceux que vignōt [...] s touts parts [...] l munde pur Visiter les Sacred lieus, & ils guardōt & defend tiels Pilgrims en lour journies. Le Institution de cest Order fuit primes allow ꝑ Pape Gelasius 2. entour l'an 1118. Et ils avoient mults Privileges grantus as eux, come im̄unities [...] l paym̄t des dismes, &c. Et ꝑ ceux ils sont plusors foits mē tions en nostre Livres. Trovers lour Privileges as eux reserves in Mag. Char. cap. 37. Et poies veier l'Droit des subjects l' Roy vindicate [...] l usurpation de lour Jurisdiction per l' S [...] atute Westm. 2. cap. 34. Lour chief Residence est ore en le Isle de Melita, usualment appel Malta, done as eux per l'Emperor Charles le cinquiesm̄: Et p̄ ceo sont appels ore Chivalers d'Malta. Touts les Tetres en biens de ceux Chivalers icy en Angeleterre [Page 448] fueront mises en le disposition le Roy, per le Stat. de 32 H. 8. cap. 24.
Hostler.
HOstler est un Inholder. Coke Entr. 347.
Hotchpot.
HOtchpot est un Medling ou mixing ensemble, & & un partition, de Terres done en Frank-marriage, oves (que) auters Terr̄ ē Fee-simple discendus. Pur example, Un hōe seifie de 30 acres de Terre en Fee ad issue deux Files, & done ovesque un [...] ses Files, al un home que luy marrie, 10 acres de c' Terre en Frank-marriage, & morust seisie de les auters 20 acres. Ore si el que est issint marrie voilloit aver asc' part d' les 20 acres d' que sa Pere morust seisie, el doit mit' ses Terres done en Frank-marriage en Hotchpot, c' est adire, el doit refuser d' p̄der les sole Profits [...] l Terre dona en Frank-marriage, & suffer le Terre de estre commixt & mingle ensemble ovesque le aut' Terre de que sa Pere morust seisie, issint que un equal Division poit estre fait [...] lentire perenter luy & sa Soer. Et issint p̄ sa x acres el avera xv; auterment sa Soer voit aver les [Page 449] les xx acres de queux lour Pere morust seisie.
Housebote.
HOusebote est necessaire Merisme q̄ le Lessee pur ans ou pur vie, de common droit, poit prender sur le Terre, a repairer les Measons sur m̄ le Terre a luy lessa, nient obstant il ne soit expresse en l' Lease & nient obstant il soit un Lease ꝑ Parol, sans Fait. Mes si il prist pluis q̄ besoign̄, il poit estre punish ꝑ un Action de Waste.
HUe and Cry.
Hue & Crie, est un Pursuit de ū aiant com̄it Felonie per le Haut chimin: car si le partie rob, ou ascun en l' cōpanie de ū (que) fuit murdr̄ ou rob, vient al Constable del ꝓchein Ville, & luy commanda de faire Hue & Crie, ou de faire Pursuit puis l'Offendor, describant le partie, & cy pres q̄ il poit, monstrās quel voy il est ale; le Constable doit immediatement de appeller sur le Paroche p̄ aiđ en querance le Felon; & si il ne soit trove la, don (que) de doner garrein al ꝑchein Cōstable, & il ad prochein a luy, jes (que) le Offendor soit apprehend, ou al meins jes (que) il soit este pursue al latere de Mere. [Page 448] De ceo veies Bract. l. 3. tr. 2. c. 5. Smith de Repub. Angl. l. 2. c. 20. & le Statute de Winchest. fait, An. 13 E. 1. & le Stat. de 28. E. 3. c. 11. & An. 27. El. c. 13.
HUers.
Huers. Veies Conders.
Hundred.
HUndreds fueront divide ꝑ Alfred le Roy, apres q̄ il ad divide le entire Realm̄ en certain̄ ꝑts ou sectiōs, le q' l [...] le Saxon ꝑol Scyran, significā [...] scinder, il terme Shires, ou (sicōe nous uncor̄ ꝑle) Shares & Portions. Ceux Shires il auxy divide en petlts ꝑts; [...] queux ascuns fueront appelles Lathes, de le ꝑol Gelathian, q̄ est de assembIer ensemble: aut's Tithings, pur ceo q̄ la fuerōt en chesc' de eux al number [...] Dize ꝑsons; [...] (que) chesc' fuit Suretie & Pledge pur auters bone behaviour: auters Hundreds, p̄ ceo que ils contain̄ Jurisdiction sur un Hundred hōes ou Pledges, [...] murrāt ꝑadvent' en deux, ou trois, ou pluis Paroches, Boroughs, ou Villes, esteant & adjoynant niens meines procheine ensemble, en le quel il appoint administration de Justice destre exercise severalment [Page 449] enter eux de mesme le Hundred, & nemy q̄ l'un irra hors disorderment en l'auter Hundred, Lathe, ou Tithing, en que il ne demurt.
Ceux Hundreds continue a cest jour en force, nient obstant ne en tout al m̄ le purpose pur que al primer ils fueront ordeine, uncore a ore mult necessarie, & en tem̄ps de Peace pur bon̄ order de Governm̄t divers voies, & en Guerre p̄ certaintie de levying de hōes; come auterm̄t p̄ le pluis speedie Collection des Payments grant en Parliament a les Roys de ceo Realme.
Hundred-Lagh.
HUndred-Lagh signifie le Hundred-Court, de quel touts les Officers [...] l Forrest l' Roy fueront exempt per le Chartre de Canutus, cap. 9.
Hundredum.
HUndredum est, quietum esse de Denariis vel Consuetudinibus faciendis Praepositis & Hundredariis.
Husfastene.
HUsfastene (quasi Domi fixus) est il q̄ tient Meason & Tr̄e. Br. l. 3. tr. 2. c. 10.
Hustings.
HUstings (Hustingium) est un Court de Common-Plees tenus devant le Maior & Aldermen de Londres, & est le plus hault Court que ils ont, car Error ou Attaint gist la dun Judgement ou faux Verdict en le Court le Viscount, come appiert per Fitzh. N. B. 22 H. &c. & ꝑ le Statute de 11 H. 7. c. 21. Et auters Cities & Boroughs ōt ew ū Court de m̄ le nosm̄, cōe Winchester, Lincoln, York, & Sheppy. Issint appel' [...] le Saxon Hus, Domus, & Thing, Causa, quasi, Domus Causarum.
I.
Idemptitate, ou Identitate nominis.
IDemptitate nominis est un Brief q̄ gist loū Brief de Det, Covenant, Accompt, ou tiel semblable Brief est port vers un home, & un auter que ad mesme le nosme ove le Defendant est pris pur luy; donques il avera cest Brief, per que le Viscount ferra inquirie devant le Jestice assigne in mesme le Countie, si soit mesme le ꝑson ou memy; & [...] i ne soit [Page 451] trove le partie, donques il alera sans jour en peace.
Ideot.
IDeot est celuy que est un Sot natural de sa neisture, & ne scavoit d' accompter xx. d. ou nosme son Pere ou Mere, ne de quel age luy mesme est, ou tiel semblable plaine & common choses, issint q' il appiert que il nad ascun man̄er d'Intendment, reason, ou governm̄t [...] luy mesm̄. Mes si il poit lier, ou apprehender de lier ꝑ instruction & information des auters, ou poit measure un Ulne [...] e drape, ou nosme les Jours en le semaigne, ou engen [...] un Enfant, ou tiel semblable, ꝑ q̄ il poit appear que il ad asc' lumen de Reason; tiel nest Ideot naturalmēt.
Jeofaile.
JEofaile est, quant les parties al ascun Suit en pleadant ont a tant ꝓceed que ils ayant joyne Issue, quel serra trie, ou est trie ꝑ un Jurie ou Enquest; & cel Pleading ou Issue est cy malement plede ou joyne, que il serra Error si eux ꝓceed: donque ascun del dits parties poit per lour Councel monstre c' al Court, auxy bien apres Verdict done & devant Judgment, come devant le Jurie soit charge, [Page 452] Et le Councel dirra, Cest Enquest ne doit prend'. Et si soit apres Verdict, donques il poit dire, al Judgment ne deves aler. Et p̄ ceo que ꝑ tiels niceties mults delaies fueront en Suits, divers Statutes sōt faits de redresser ceo, auxy bien en temps [...] Roy H. 8. an. 32. c. 30. come en le temps le Roigne Eliz. de queux come piot dire cōe les Civilians, Quod tametsi Juris formulas amputari jusserit Constantinus Imperator, quotidianus tamen forensis usus eas revocasse videtur, vel potius quod crescunt ut Hydrae capita. Veies auxy ore un novel Statute de Jeofailes, fait en 21 Jac. c. 13.
Jetsam.
JEtsam est, quant un Niefe est en peril destre merge, & p̄ disburden le Neife les Mariners jetta les biens en le Mer: & puis nient obstant le Niefe perish, nul [...] ceux biens que sont appel Jetsam, Floatsam, ou Lagan, sont appel Wreck, cy long come ils remain en ou sur le Mer; mes si asc' d' eux sont mise al tr̄e ꝑ l'Mer, don (que) ils serront dit Wreck, & passe ꝑ le graunt [...] Wreck. Coke, l. 5. f. 106.
Jettezoons.
JEttezoons, ceo est mention ē Policies d' Insurance, & signifie biens eject en le mere, en un grand storm.
Illoyal Assembly.
Iloyal Assemblie est, lou people eux assemble insimul p̄ faire illoyal chose enconter le Peace, nient obstant que ils ne execute lour purpose en fait.
Imparlance.
IMparlance. Veies Emparlance.
Impeachment de Waste.
IMpeachment de Waste. (Impetitio Vasti) est tant adire come un Demand fait ou destre fait p̄ Waste fait p̄ ū Tenant (que) nad fors (que) un particular Estate p̄ vie ou p̄ ans. Et p̄ ceo cestuy que ad tiel Lease sans Impeachment de Waste, ad ꝑ ceo ū ꝓpertie ou interest a luy done ē les Measons & Arbres, & poit faire Waste en eux sans estre impeach p̄ ceo, cestascavoir, sans estre question ou ascun Recompence [...] luy demand p̄ le Waste fait. Veies Coke, l. 11. en Bowles Case, f. 82. b.
Implements.
IMplements venust ou del parol Francois (Employer) ou del Latine (Implere) & est use p̄ choses necessarie destre use en asc' Trade ou Mysterie, queux sont imployes en le practice del dit Trade, ou sans queux l'ouvrage ne poit estre accomplish. Auxy p̄ le Furniture quibus impletur Domus. Et en ceo sense vous trovers le paro [...] plusors foits ē darreine Velunts & auters Conveyances des Moveables.
Impost.
IMpost est un parol Francois q̄ sign [...] fie Tribute, mes ove nous est prise pur le Tax pay al Roy pur ascun Merchandise emport en ascun Havre hors des lieus ouster le Mer. Et est use en le Statute de 31 Eliz. cap. 5. come un Synonymon ove Custome que Merchants payont.
Imprisonment.
IMprisonment est le Restraint del Libertie d'un home, soit c' ē l'over Champs, ou en le Cippes ou Cage en les Streets, ou en le ꝓoper Meason d' un home, cybien cōe en le common Coal. Et en touts ceux [Page 455] lieus le partie issint restrain est dit destre un Prisoner, cy longement come il nad son Libertie frankm̄t d' ire a touts tēps & lieus lou il voit, sans Baile ou Mainprise.
Incumbent.
INcumbent venust del Latine (Incumbere) & signifie cestuy que est ꝑsent, admit, & institute al ascon Esglise ou Benefice ove Cure; que est p̄ ceo appel l' Incumbent de ceo Esglise, eo quod incumbit ad Curam animarum ibid. omni studio.
Indicavit.
INdicavit est un Br̄e ou Prohibition q̄ gist p̄ un Patron d'un Esglise, quel Clerk est Defendant en Court-Christian ē un Action p̄ Tithes, commence ꝑ un aut' Clerk, & extendant al quart part del Esglise, ou ses Tithes; en quel case le Suit appertein al Court le Roy, ꝑ Westm. 2. c. 5. Et p̄ cest cause le Patron del Defendant (esteant en ꝑil destre ꝑjudice en son Esglise & Advowson, si le Plaintife gaine ē le Court-Christian) al cel means il remover al Court de Roy, Reg. orig. f, 35. & Brit. c. 209. Cest Brief nest retornable; mes sils ne cestont lour Suit, il avera un Attachment.
Indorsement.
INdorsement, est c' q̄ est escr̄ sur le Dorse d'un Escript; come le Condition d'un Obligation est dit destre indorse. p̄ ceo (que) est communem̄t escrie sur le Dorse del Obligation.
Induction.
INduction est un lay act fait per precept del Ordinary ꝑ quel Actual possession de Esglise est done al Rector ou Viccar puis son Presentation & Institution a ceo.
Infangtheef.
INfangtheef est un Privilege ou Libertie concede al Sn̄rs del certein Mannors, p̄ juger ascun Larons prife deins lour Fee.
Information.
INformation pur le Roy est ceo q̄ p̄ un com̄on ꝑson est appel un Declaration; & nest touts foits fait directm̄t ꝑ le [Page 457] Roy ou son Attorney, mes ꝑ un auter home, qui tam pro Domino Rege quam pro seipso sequitur, sur le breach d'ascun penal Ley ou Statute, en que un Penaltie est done al partie que voit suer pur ceo; mes nul Action de Det p̄ recover c', donque il doit estre ew per Information.
Ingrosser.
INgrosser venust del parol Francois Grosier, id est, Solidarius venditor. Mes en nr̄e Ley ū Ingrosser est ū (que) achare Blees, Graine, Butre, Formage, Poisson, ou auter mort Victuals, ove un intent p̄ ceux ven [...] arrere. Et issint il est define en le Stat. de 5 E. 6. c. 14. fait encounter tiel Ingrosser.
Inheritance.
INheritance. Veies Enheritance.
Inhibition.
IInhibition est un Br̄e d' inhibit' un Judge de ꝓceder ouster en le Cause dependant devant luy.
Et ē auter Brief lou puis Presentment le Roy al Benefice il present auter & inhibite l' Evesque a faire Induction al primer Presentee. Plo. Com. 528. [Page 458] Veies F. N. B. f. 39. ou il mitta Prohibition & Inhibition ensemble. Inhibition est pluis communement un Br̄e issuant hors d'un pluis haut Court-Christian a un pluis base & inferior, sur un Appeal, Anno 24 H. 8. c. 12. & Prohibition hors del Court le Roy de Record al Westminster a ū Court-Christian, ou a un inferior Court Temporal.
Injunction.
INjunction est un interlocutorie Decree hors del Chā cerie, ascun foits a done Possession al Plaintife pur defect de Apparance en le Defendant, asc' foits al ordinar e Court del Roy, & ascun foits al Court-Christian, d'estop Proceeding en un Causesur suggestion fait, q̄ si le rigour del Ley prend lieu, est encounter Equitie & Conscience en cel Case. Veies westm part. 2. tit. Proceedings in Chancerie, sect. 25.
Inlagarie.
INlagarie ou Inlagation est Je Restitution d'un Utlawe al Protection del Roy ou al benefit ou condition d'un Subject.
Inlaugh.
INlaugh signifie luy que est sub Lege, en quelque Frankplege, [Page 459] nemy utlaw; [...] quel veies Bract. l. 3. tract. 2. c. 11.
Inmates.
INmates sont ceux persons d'un Familie (que) sont ꝑmittes p̄ vener & inhabiter en ū Cottage ensemble ove un auter Familie, per q̄ les povers del Parish serront increase. Et p̄ ceo per le Statute de 31 Eliz. c. 7. la est ū Penaltie [...] dize souls ꝑ mois impose per ehescun que receivera ou continuera tiel Inmate.
Inquisition.
INquisition. Veies Enquest.
Inrolement.
INrolment est le Register, Recorder, ou Entrer d'asc' Act ou Fait en le Chancerie ou auters, come d'un Recognisance. Fine, Statute, on Fait indent ꝑ le Statute de 27 H. c. 16. per q̄ un Frank-tenement passera.
Instant.
INstant (en Latine, Instans) est define ꝑ les Logicians, Unum indivisible in Temp', quod non est Tempus, nec pars Temporis, ad quod tamen partes [Page 460] Temporis copulantar, & mult consider en Ley: & com̄t ne poit actualment estr̄ divide, uncore en considerat' & conceit il poit estre divide, & apply al several purposes, sicome fueront several temps; de quel veies en Plowden's Commentaries en le Case enter Fulmerston & Stuard, lou le Statute 31 H. 8. (que enact, Que si Abbe deins an devant cest Statute lessa Terre al un, que al temps del feasance de mesme le Lease eyt mesme le Terre al ferme pur terme de ans, donque nient expire, que le Lessee avera cest Terre solement pur vint un ans) est expound.
Et la est debate, Que quant Termor prent ie second Lease, il surrender son form' terme, & sic al mesme temps del prisel del second Lease le former terme est expire. Et en le Case enter Petit & Hales, cestuy que occide luy mesme, tanque soit mort ne fesoit Felonie, & quant fuit mort, ne est en esse, issint que poit estre dit Felon, mes al instant est en Ley adjudge Felon.
Et sont mults auters Cases en Ley, lou l' instant temps, que est indivisible en nature, [...] n consideration del ment & intendment del Sages del Ley est divide; sur queux surde mults arguments de grand use & profound learning.
Institution.
INstitution est un Faculty fait ꝑ l'Ordinarie per quel un Vicar ou Rector est approve de estre induct al Rectorie ou Vicarage.
Interdiction.
INterdiction ad le m̄ signification en le Cōmon cōe en le Canon Ley, ou il est issint define, Interdictio est Censura Ecclesiastica prohibens administrationem Divinorum. Et issint il en use, 22 H. 8. c. 12.
Intrusion.
INtrusion est un Brief que gist vers celny que enter apres le mort Tenant en Dower, ou ascun auter Tenant pur vie, & tenust hors celuy en le Reversion ou Remainder. Veies p̄ ceo Fitz. N. B. fol. 203. E. Et chescun Entry sur le possession le Roy est appel un Intrusion; come lou le Heir̄ le Tenant le Roy enter apres Office, & devant Liverie, ceo est dit un Intrusion sur l'Roy, come appiert en Stanf. Prerog. fol. 40. & mults auters Livres.
Inventary.
INventarie est un Catalogue ou recital en escript des touts les Biens & Chattels dun (que) est mort, ove le valuation de eux ꝑ quat' credible ꝑsōs, le quel chesc' Executor & Administrator doit exhibit al Ordinarie al temps appoint.
Joyntenants.
JOyntenants sont, lou deux homes vient a asc' Tr̄es ou Tenements ꝑ un joynt Title; come si home done Terres a deux homes & lour Heires.
Tenants en common sont, lou deux ont Terres per several Titles, ou per Feoffment al deux, a aver & tener l'un moyetie al un & ses Heires, & lauter moyetie al auter & ses Heires: en touts ceux tases nul de eux scavoit son several.
Si sont deux ou trois Joyntenants, & un ad issue & devie, [...] onques cestuy ou ceux Joyntenants que surviv' avera lentiertie per Surviver.
Si deux Joytenants font [Page 463] Partic' enter eux per Fait ꝑ agreement, donques ils sont several Tenants.
Mes si un Joyntenant grāt c' (que) a luy appent a un Estranger, donques l'auter Joyntenant & l'Estrange' sont Tenants en common.
Et mesque deux Tenants en common sont seise per my & per tout, & nul conust son several; uncore si un devie, lauter ne avera l'entiretie per Surviver, mes l'Heire de celuy que devie avera le moyetle.
Et issint fi sont trois Joyntenants, & un de eux fait Feoffment de son parte a un auter, & le Feoffee devie; dōques son Heir̄ avera le tierce part, & les auters deux sont Joyntenants come ils fueront, p̄ ceo que eux deux sont seisies ꝑ un joynt Title.
Auxy si Terre soit done al baron & sa feme, & le baron alien & devie, le feme recovera lentiertie: Mes si ils fueront Joyntenants devant le Coverture dōques en tiel case il recovera fors (que) le moietie.
Si Terre soit done al baron & sa feme, & al tierce person, si le tierce person grant ceo que a luy appent, la mo [...] tie passa per cel Grant; p̄ ceo (que) le baron & sa feme sont fors (que) un ꝑson en le Ley, & en cest case ils nount en droit forsque le moietie.
Auxy si deux Joyntenants sont des Terres en Vilie [Page 468] que est Borough-English, lou Terre est devisable; & l'un ꝑ son Testament devisa ceo que a luy appent a un Estranger, & devie; cest Devise est void, & le auter avera lentiertie per Surviver, pur ceo que le Devise ne poit p̄nder effect tanque apres le mort le Devisor; & im̄ediatem̄t apres le mort le Devisor le droit devient al auter Joyntenant per Surviver, que ne claime riens ꝑ le Devisor, mes en son droit demesne ꝑ Surviver. Mes auterm̄t est de Parceners seisies des Terres devisables, causa qua supra.
Journies accounts.
JOurnies accounts (Dietae computatae) est un terme en le Ley que est entendu en cest mann̄: Si un Brief soit abate sans le default le Plaintif on Demandant, il poit purchase un novel Br̄e, que si soit purchase per Journies accounts, (cestascavoire, deins cy petite temps come il poit apres l'Abatem̄t [...] l primer Br̄e,) don (que) cest second Br̄e serra come ū Continuāce del prim̄ Br̄e, & issint oustera l'Tenant ou Defendant de son Voucher, Plee de non-tenure, Joyntenancy pleinment administer, &c. ou ascun aut' Plee que accrue sur matter apres le date del prim̄ Brief. Et quinze jours ont estr̄ reputes un convenient [Page 469] temps pur le purchase del novel Brief. Veies pur cest Brief per Journies accounts, Spencers Case, Coke lib. 6. fol. 9. b.
Joynture.
JOynture est un Estate & Assurance fait al un Feme en consideration de Marriage, p̄ terme de sa vie, ou auterm̄t; come est mention en l'Statute 27 Hen. 8. cap. 10. soit il devant ou apres Marriage. Et si soit apres, donques el poit a sa libertie apres le mort de sa baron refuser d'prender ou aver les Terres issint assure p̄ sa Joynture, & demaūd sa Dower a le Common Ley: Mes si il soit fait devant Marriage, donque el ne poit refuse tiel Joynture, ne aver Dower accordant al Common Ley, si non que quant el port sa Brief de Dower, le Defendant pleade tiel Plee que ne voile luy barre de sa Dower; sicome il d t en Barre, que sa baron ne fuit seisie de tiel Estate de que il poit estre endowe, ou ascun tiel Plee, & ne monstre que el ad un Joynture fait, &c. & pur ceo demaund Judgement de cel Action, ou ascun tiel semblable Plee, &c. Et ceo fult le opinionn de Monsieur Brograve al son Lecture en Grays-Inne en Summer, An. 1567. 18 Eliz. sur un branch [Page 470] del Statute fait, An. 27 H. B. cap. 10. concernant Joyntures & Dowers.
Et de ceux choses de que un feme poite este endowe, el poit aver un Joynture; come de Mines, Vesturam terrae, Boys, Villes, Isles, Meadows, & tiels semblables. Item de un Advowson, Reversion dependant sur un Estate pur vie, Wind-mill, hault Chamber, Rectory, & tiels auters; & ils sont appels Tenements. Item dun Villeine, car il est Hereditament. Et de touts ceux profit poit ven̄ al feme. Mes de ceux choses de que nul profit poit vener, mes plustoit un charge, un Joynture ne poit estre fait. Veies p̄ c' matter Co. lib. 4. fol. 1. Vernon's Case.
Jurisdiction.
JUrisdiction est un dignity q̄ un home ad per un povoir fair. Justice en Causes de complaint fait devant luy.
Juris utrum.
JUris utrum est un Brief q̄ gist pur le Successor Incumbent dun Benefice, pur recover les Terres ou Tenem̄ts apperteinants al Esglise, que fueront aliens per son Predecessor. Et veies de ceo Fitz. N. B. fol. 48. R. & veies ap̄s Tit. Utrum.
Juror.
JUror est un de ceux 24 ou 12 homes q̄ sont jure al [...] eliver le volerty sur tiel Evidence cōe ils serra don touchant le matter en question: de queux veies Fitz N. B. fol. 165. D. & l' Stat. 16 & 17 Car. 2. cap. for returning able and sufficient Jurors.
Justice seat.
JUstice seat est le plus hault Court q̄ est [...] ē un Forrest, & cest touts temps tēus devant le Sn̄r Chief Justice en Eyre del Forrest, [...] un [...] mons ꝑ 40 jou [...] s devant. Et la les Judgments sont touts soits dones, & Fines assesses p̄ Offences que fueront present as Courts del Attachments, & les Offendors indicts as Swainmotes. Veies de cest Court Manw. Forrest Leys, cap. 24. fol. 238. b.
Justices en Eire.
JUstices en Eire. Veies Eire.
Justicies.
JUsticies est un Brief direct al Viscount pur l' dispatch del Justice en ascuns special cases en son County-Court, des queu [...] , il ne poit ꝑ son ordinarie [Page 472] poyar tener Plee la. Et de ceo poies veier Precedents en Fitzh. N. B. fol. 117. C. en Account, & fol. 152. B. en Annuity, & fol. 119. G. en Det, & plusors auters. Et est appel un Justicies, pur ceo que est un Com̄ission al Viscount ad justiciandum aliquem; & ne require ascun Returne ou Certificate de c' (que) il ad fait.
K.
Keelage.
KEelage, en Latine Killagium, est un Custome pay al Hartlepoole en Durham, pur chescun neif veignant en ceo Port. Rot. Parl. 21. E. 1.
Kiddle.
KIddle ou Kidel, est un Dam ou Wear en un River. Omnes Kidalli deponantur de caetero penitus per Thamesiam & Medweyam & per totam Angliam, nisi per costeram Maris. Magna Char. cap. 24.
Kings silver.
KIngs silver est, l' Argent que est debite al Roy en le Court de Common Plees, p̄ un Licence y concesse [Page 473] al ascun home a passer un Fine. Coke, 6. fol. 39, & 43.
Kintal.
KIntal est un Pois, communement d'Cent livres, greinder ou meins, selon le Usage de divers Nations. Monsieur Plowden en l' Case de Reniger & Fogassa fait mention de c' parol.
Knight-Service.
KNight-Service fuit un Tenure per quel pleusures Terres en cest Nation fuer̄ tenus del Roy. Mes il est abolie ꝑ Statute 12 Car. 2. cap. 24.
L.
Laches.
LAches ou Lasches, est un veil parol Francois, que signifie Negligence, come appiert en Littl. sect. 403, & 726. lou Laches del Entrie nest riens forsque un Neglect en le infant p̄ enter. Issint (que) moy semble que poit estre un vieux parol Anglois. Et qōt nous diomus, Icy est Laches d'Entrie, est tant adire come, ley est Lache del [Page 474] Entrie. Uncore jeo trove que ( Lascher) en Francois est Laxare, & ( Lasche) significat Ignavum vel Flaccidum: & pur ceo poit vener auxy del Francois. Car Etymoligies sōt divers, & plusors foits ad placitum.
Lagan.
LAgan est tiel parcel des Biens come les Mariners en le peril del Naufrage jectont hors del Niefe; & p̄ ceo que ils scavoient que les biens sont ponderous, & voilont sinke, ils liont as eux un Boy ou Corke, al intent (que) poient eux trover, & re-aver. Si l' Niefe soit merge, ou auterm̄t perish, ceux biens sont appels Lagan ou ligan, a ligando: & cy longem̄t come ils continue sur le Mer, ils appertinent al Admiral; mes sils sont jects sur le Tr̄e, adonque ils sont appels Wreck, & apperteinent a celuy que avoit le Wreck, come appiert en Coke, l. 5. f. 106.
Lageman.
LAgeman est Homo Legalis seu legitimus, tiel que nous appellom', Good men of the Iury. Le parol est trove en Dooms day-book.
Land-cheap.
LAnd-cheap est un payment de 10 d. les deniers pur chescu [...] Mark del purchase des terrs deins le Borough de Maldon ē Essex, ꝑ ꝑscription. Quel vide H. 25, 26. Car. 2. Roll 706. en. B. R.
Lapse.
LApse (Lapsus) est l'Omission del Patron p̄ presenter al Esgilse de son Patronage deins size mois apres Voydance per mort, ou prisel del auter Benefice sans qualification, ou notice a luy done del Resignation ou Deprivation del present Incumbent; per que Neglect Title accrue al Ordinarie pur collater al dit Esglise.
Larcenie.
LArcenie est un tortius Prisel des biens d'un auter hōe, mes nemy de son ꝑson, ove un ment d'eux embi.
Et Larcenie est en deux sorts; l'un issint appel simplem̄t, & l'auter Petit Larcenie.
Le primer est lou le chose emblee exceeda le value de 12 d. & ceo est Felonie.
L' auter (que e [...] t appel Petit Larcenie) est lou le chose emble ne exceda le value de 12 d. & ceo nest Felonie.
Last.
LAst signifie un certeine Pois ou Burden; come un Last de Herring est 10000, Anno 31 E. 3. Stat. 2. c. 2. un Last de Hides est douze dozen, Anno 1 Jac. c. 33.
Lastage.
LAstage est, quietum esse de quadam Consuetudine exacta in Nundin' & Mercat, pro rebus cariandis ubi homo vult.
Latitat.
LAtitat est un Br̄e per que touts homes en Personal Actions sont orig [...] nalment appels en Banke le Roy [...] e responder. Et est appel Latitat, p̄ ceo que est suppose ꝑ le Br̄e que le Defendant ne poit estre trove en le Countie del Middlesex, come appiert per le Retourne del Viscount de c' Countie, mes (que) Latitat ē a [...] ' Countie: & p̄ ceo al Visc' de ceo Countie est cest Br̄e direct p̄ luy prender.
Law.
LAw. Veies Ley.
Law-day.
LAw-day signifie un Leet ou Tourne del Visc', cōe appiert per le Stat. 1 E. 4. c. 2. lou le Tourne le Visc' est issint appel, & 9 H. 7. f. 21. b. & plusors aut's Livres, lou ū Leet est issint appel. Veies Smith de Repub. Anglorum, l. 2. c. 21.
Lawing of Dogs.
LAwing of Dogs. Veies Expeditate.
Lawless man.
LAwless man est il q̄ est extra Legem, un Outlaw. Br. l. 3. tract. 2. c. 11. num. 1.
Leases.
LEasis sont Graunts ou Demises, ꝑ un q̄ ad ascun Estate ē Hereditaments, [...] ceux Hereditaments al auter p̄ mein [...] temps. Et c' sont en divers manners; cestascavoire, p̄ terme de Vie, p̄ Ans, p̄ auter Vie, & a Volunt.
Auxy un Lease de Tr̄e est auxy bone sans Fait, come ꝑ Fait.
Mes en ū Lease p̄ terme de Vie il covient de done Liverie & Seisin sur le Terre, ou auterment riens passera ꝑ le Grant, p̄ ceo q̄ ils sont appelles Frank-tenements.
Auxy ū Lease d'un Com̄on [Page 478] ou Rent ne poit este bone sans Fait.
Mes d'un Parsonage que ad Glebe il est bone sans Fait, pur ceo q̄ le Glebe del Esglise, que est le Principal, poit assets bien passer sans Fait; & issint les Dismes & Offerings, que sont come accessorie al Esglise.
Mes Dismes & Offerings per soy ne poient este lesses sans Fait, ut dicitur.
Leet.
LEet est un Court derive hors del Tourne le Visc', & inquire des touts Offences south l'degree [...] Hault Treason qu'x sont com̄ises encont' le Corōe & Dignitie le Roy. Mes ceux Offences queux sont punies ꝑ perde de vie ou member sont solement inquirables la, & destre certifies ouster as Justices del Assise. Veies Stat. 1 E. 3. c. 17.
Legacie.
LEgacie (Legatum) est un t'me del Civil Ley, & est ceo q̄ nous en nostre Ley appellomus un Devise, viz. Tr̄es ou Biens done al asc' ꝑ le Volunt ou Testament d'un auter. Veies pius Tit. Devise devant.
Lessor & Lessee.
LEssor est celuy que lessa Tr̄es ou Tenements al aut' [Page 479] pur terme devie, ans, ou a volunt: Et celuy a que le Lease est fait est appel Lessee.
Levant & couchant.
LEvant & Couchant est dit, quant les Beasts ou Cattel d'un Estranger sont venue ē le Tr̄e d'un aut' home, & la ont remaine un certein bone space de temps.
Levari facias.
LEvari facias est un Brief direct al Viscount p̄ le Levier d'un summe des deniers sur les Tr̄es, Tenem̄ts, & Chattels cestuy que ad forfeit un Recognisance, Veies F. N. B. f. 265. D.
Ley.
LEy est, quant Action de Det est port vers un sur asc' secret Agreem̄t ou Contract ewe ꝑent' les parties sans Especialtie mōstre, ou aut' mtter de Record; cōe en un Action de Detinue per ascuns biens ou chattels accommoda ou relinque ove le Defendant; donques le Defendant poit gager son Ley, sil voile, cestascavoire, jurer sur un Livre, & certeine persons ove luy, q̄ il ne detain les biens, ou doit riens al Plaintise, en manner & forme come il ad declare.
Et c'est allowe solement en cases de Secrecie, ou le [Page 480] Plaintife ne poit prover le Surmise de son Suit ꝑ ascun Fait on Overt actiō: car le Defendant poit ceo discharge secretment ꝑenter eux, sans asc' Acquittance ou Publique act. Et p̄ ceo en Action [...] Det sur un Lease per ans, ou sur Arrearages d' Accompt devant Auditors assigne, home ne gagera son Ley.
Mes quant un gagera son Ley, il amesnera ovesque luy vj, viij, ou xij de ces Vicines, come le Court luy assignera, de jurer ovesque luy; mult semble al Serem̄t que eux fesoient (que) son uses en le Civil Ley, de purger auters d'ascun crime al eux impute, que sont appel Compurgators.
Nota (que) l' Offer de faire le Serem̄t est appel le Gager del Ley, & quant il est accomplish, donques est appel le Fesans del Ley.
Et si le Viscount en ascun Action returne, (que) il eyt summon le Defendant d'appeare en Court a ascun jour a responder le Plaintife, a quel jour il fait Default; Processe serra agard vers luy, de vener & save, ou excuse son default; que est tant adire, come a purgare moram, ou auterment de perder le chose demand: Et le Defendant vient, & jure que il ne fuit summon, que est appel gager del Ley, donques il doit ceo faire al jour assigne, ove [...] ij auters. Et en fesans del [Page 481] Ley il doit sur son Serement affirmer directment al contrarie de c'q̄ est impute a luy: Mes les auters dirra seulm̄t, que eux entende que il dit le veritie.
Libel.
LIbel (Libellus) est un terme del Civil Ley, & signifie l' Original Declaration en ascun Action; & issint est use en les Statutes, 2 Hen. 3. cap. 3. & 2 E. 6. cap. 13. Et famosus Libellus signifie ꝓperment en nostre Ley ū Scandalous report [...] l asc' home illoyalment publie en escript. Veies [...] ceo Coke l. 5. f. 125. a.
Liberate.
LIberate est un Garrant issuant hors del Chancerie al Treasurer, Chamberlains, & Barōs [...] l Exchequer, ou Clerke del Hamper, &c. p̄ le Paym̄t d' ascun annual Pension, ou auter Summe graunte south le Grand Seal, Regist. orig. 193. Ou ascun foles al Viscount, &c. F. N. B. fol. 132. pur le deliverie [...] Terres on Biens prise sur Forfeiture dun Recognisance, Fitz. N. B. 131, 132. Coke, lib. 5. Fulwoods Case, fol. 64, 66, 67. Auxy a un Gaoler del Justices, pur le deliverie [...] un Prisoner que ad mitta eins Baile pur son Appearance.
[Page 482] Est auxi un auter Brief fait hors del Petty-bag Office en Chancery, sur Stat' Staple, puis ū extent sur ceo retorne; per quel le Viscount retorne q̄ il aver liver la terr extend, al Conuzee: Quel esteant file, il poit donques (& nient devant) porter son Action d Ejectment a recover possession des terrs extend.
Libertate probanda.
LIbertate probanda. Vi [...] de ceo en le Title Nativo habendo.
Librata Terrae.
LIbrata Terrae contein̄ quater Ox-gangs, & chescun Ox-gang 13 Acres [...] Ter̄. Skene deverb. signif. verbo Bovatae Terrae.
Lien.
LIen est paroll de deux significations, Personal lien come Bond, Covenant ou Contract. Et real lien come Judgment, Statute, Recognizance, ou Original br̄e versus un Heir queux oblige & affect la trree.
Ligeance.
LIgeance est un voir̄ & loyal Obedience del Subject due a son Soveraigne; & cest Ligeance, [Page 483] Ligeance que est un incident inseperable a chesc' Subject, est en quater manners: le primer est natural, le second acquirus, le tierce local, & le quart legal. De touts queux vous poies lier mult bone erudition en Coke lib. 7. Calvins Case.
Limitation.
LImitation est un Assignment de space ou temps, deins quel cestuy (que) voil' suer p̄ ascuns Terres ou Hereditements doit ꝓver, que il ou son Ancestor fuit feisie del chose demaund, ou auterment ne mainteinera son Suit ou Action; quel Assignments sont faits per divers Statutes: Com̄ le Stat. de Merton, cap. 8. Westm. 1. cap. 38. 32. Hen. 8. cap. 2. &c.
Liverie de Seisin.
LIverie de Seisin est un Ceremonie use en Conveyance de Terres ou Tenements, lou un Estate en Feesimple, Fee-taile, ou ū Franktenement passera. Et il est un Testmoigne de le voluntarie Departing [...] luy que fait le Liverie del chose de que Liverie est fait. Et le resceit del Liverie est un voluntarie Acceptance per le auter partie de tout ceo de que auter ad luy deveste. Et fuit invent come un overt & notorious [Page 484] chose, per meanes de que le common people poient aver Intelligence de Passing ou Alteration de Estates de hōe al home, que ꝑ ceo ils poient estre le melieur able pur trier en que le droit & possession de Terres & Tenements fueront, sils doient estre empanel en Jures, ou auterment one a faire concernant ceo.
Le com̄on manner de Liverie de Seisin est en cest sort Si il foit en l'overt Champe, ou ne sont Edifices ou Meason, donques un que poit lier prist le Fait en son main̄ si l' Estate passera ꝑ Fait, & declara al eux (que) la soit le cause de lour vener la ensemble, &c. & donq's overtm̄t lia le Fait, ou declare l'effect de ceo; & apres que il est seale, le partie que est a departer ove le Terre prist le Fait en sa main̄s oves (que) un Clod del terre, & ū Twigge ou Bough, si y ad ascun la, q̄ il deliver al auter partie en le nosme de Possession ou seisin, accordant al forme & effect del Fait la lie ou declare. Mes sil soit un Habitation ou Edifiee sur le Terre, donques ceo est fait a Door de ceo, nul edeant relinquish a cest temps deins le Meason; & le partie deliver touts les avantdits, ovesque l' Annuel de le Door, en nosme de Seisin ou Possession; & il que receiva le Liverie entra primes sole, & shutta le doore, & presentment [Page 485] overt ceo, & lessa eux eins, &c. Sil soit de un Meason a que est nul Terre, le Liverie est fait & Possession prise per le deliverie del Annuel de le Door & Fait solement. Et lou il est sans Fait, de Terres ou Tenements, la le partie declare ꝑ Parol, devant resmoignes, l' Estate ovesquell entende de departer, & donques deliver Seisin ou Possession en manner avantdit: Et issint le Terre ou Tenement passera cybien cōe per Fait, & ceo per force de Liverie de Scisin. Il suit agree en Gray's Inne per Master Snagge, al son Lecture la en Summer, Anno 1574. Que si un Feoffor deliver la Fait en view del Terre, en nosme de Seism, que il est bone, pur ceo que il ad un Possession en luy mesme. Mes auterment est dun Attorney, car il doit aler al Terre, & prise Possession luy mesme [...] devant que il poit doner Possession al auter, accordant al parols de son Garrant, &c. Et lou Liverie [...] e Seisin est ꝑ le View, si le Feoffee ne entra pas puis, &c. nul ohose passa, car il doit enter en fait.
Lollards.
LOllards fueront Dogmatists en Religion en le temps E. 3. & H. 5. en ceux temps fueront reputes Heretiques; [Page 486] cōe appiert ꝑ le Stat. en 5 R. 2. cap. 5. & 2 H. 5. cap. 7. Queux Stat. vous troveres repealed en 1 E. 6. c. 12. & 1 El. cap. 1. Avoient lour denomination (come ascuns pensolent) del un Gualt. Lolhard un Garmanois, qui vixit circa An. Dom. 1315. & fuit l' prim̄ author [...] cest Sect.
Lord en Grosse.
LOrd en Grosse ē il que ē Sn̄r sans Man̄or, cōe le Roy ē respect de son Coron̄, F. N. B. fol. 5. Un hōe fait Don̄ en taile de tout son Terre, a tener de luy, & morust; son Heire nad rien forsque Seigniorie en Grosse.
Lotherwit.
LOtherwit est, quod capiatis emendas ab ipso qui corrumpit vestram Nativam sine licencia vestra.
Lushborow.
LUshborow fuit un counterseitde Coin̄ en le tēps E. 3. fait ouster le Mer, en similitu [...] es deniers Anglois, & port eins pur deceiver le Roy & ses Subjects. Et p̄ ceo est declare destre Treason ꝑ le Statute 25 E. 3. Stat. 5. c. 2. p̄ ascun home de ceo porter deins le Realme, sil scavoit q̄ est faux.
Maihem ou Maime.
MAihem est, lou ꝑ l' cortious act [...] auter ascun Member est damnifie ou tolle; per que le partie est fait imperfect a combate: Come si un Osse soit prise hors del Test, ou un debruise en ascun auter ꝑt del Corps, ou un Pee, ou Main̄, ou Digit, ou joynt [...] un Pee; ou asc' Member soit scy; ou ꝑ asc' plage les Nerves sont fait [...] shrinker, ou les Digits fait curve; ou si un Oyel soit mise hors, anterior Dents [...] bruise, ou asc' auter chose en le Corps dun home; ꝑ reason de quel il est fait le meins able pur defender luy mesme, ou offend son enemy.
Mes le scier de un Orial ou Nase, ou lenfriendrer [...] l Dēts moliers, ou tiels semblables, nest asc' Maihem, p̄ ceo q̄ il est plus un Deformitie de le corps q̄ ū Defect [...] l Strength; & ceo est communement try ꝑ l' inspection del partie ꝑ les Justices. Et fi les Justices sont [Page 488] en doubt si le damage soit un Maihem ou nemy, lls use & voilent de lour grand discretion prender' aide & opinion de ascun credite Surgeon, pur consider de ceo, devant que ils determine sur le Case.
Mainpernable.
MAinpernable: q̄ poit estr̄ mainprise ou delivered al Mainpernors. Veies le Statute de Westm. 1. Cap. 15. queux persons sont mainpernable, queux nemy.
Mainprise.
MAinprise est, quant un home est arrest per Capias, les Judges poient deliver son corps a certain homes pur garder, & de luy mesne devant eux a certain jour; & eux sont appelles Mainpernors: & si le partie ne appear al jour assigne, l' Mainpernors serrōt amercie.
Maintenance.
MAintenance est, lou asc' home don̄ ou [...] liver a ū aut', que est Plaintife ou Defendant en asc' Action, asc' snmme d' argent ou aut' chose pur maintainer son Plee, ou fait extreme labour pur luy qn̄t il nad riens a ceo faire; donq's laut' ꝑtie grieve avera [Page 489] vers luy un Brief appelle Br̄e de Maintenance.
Manbote.
MAnbote signifie ū Pecuniarie cōpensation p̄ le occider d'un hōe. Lambert.
Mandamus.
MAndamus est un Br̄e (que) issuist al Escheator p̄ le trover dun Office apres le mort dun (que) morust Tenāt le Roy; & est tant ū ove le Br̄e de Diem clausit extremum, sinon que le Br̄e de Diem clausit extremum issuist deins l' an apres le mort, & le Mandamus ne issuist tanque apres le an, & en case lou ne fuit ascun Diem clausit extremum sue hors, ou al meins nient sue cum effectu. Fitz. N. B. fol 253. B. C. Veies le Stat. 12 Car. 2. cap. 24.
Sont auxi auter sort de Mandamus, grant sur motion en B. le Roy, al Evesque d'admit Executor a prover un Testament, ou a granter Administration. Stiles Rep. 78. Et ū auter a maunder al Corporatiōs a restituer Aldermen, & auters al Officers hors de qu'x ils sont illoyalm̄t expel. Veies 11 Rep. James Bag's Case.
Mannor.
MAnnor est compound de divers choses, come de un Meason, Terre arable, Pasture, Pree, Boys, Rents, Advowson, Court-Barou, & tiels semblables, queux font ū Mannor. Et ceo doit estre ꝑ antient continuance de temps, cujus con [...] rarium memoria hominum non existat: car a ceo jour un Mannor ne poit estr̄ fait, p̄ ceo q̄ un Court-Baron ne poit estr̄ fait ore, & ū Mannor ne poit estr̄ sans ū Court-Baron, & Suiters ou Franktenants, deux al [...] meins; car si touts les Frank-ten [...] ments forsque un escheate al Seignior, ou sil purchase touts preter un, la son Mannor est ale, pur ceo que il ne poit estre ū Mannor sans un Court-Baron, (come avantdit;) & un Court-Baron ne poit estre tenus mes devant Suiters, & nemy devant un Suiter; & ideo lou fors (que) un Frank-tenem̄t ou Frank-tenāt est, la ne poit este Mannor propermēt, com̄t en com̄on parlant ceo poit estr̄ issint appel.
Mansion.
MAnsion (Mansio) est plus usualment prise pur le chief Messuage ou Habitation del Senior dun Mannor, le Mease del Mannor en que il plustoft reside, Capital Messuagium, [Page 491] come est appel; de que le feme per le Statute de Mag. Chart. cap. 7. avera sa Quarentine.
Manucaptio.
MAnucaptio est un Brief que gist pur ce [...] uy que est arrest ou indire d' Felonie, & offer sufficient Sureties pur son Appearance; mes le Viscount, ou cestuy que concerne, ne voit luy admit destre baile: donque il avera cest Brief, eux mandant de luy lesser a Manprise. Veies de ceo Fitz. N. B. fol. 249. G.
Manumission.
MAnumission est le fesans dun Villein destre franhe, & puit estre en deux sorts; le un est un Manumission explicita, lauter un Manumission implicata.
Manumission Explicita est quant le Sn̄r fait un Fai [...] al son Villein pur luy enfranchiser per cest parol ( Manumittere,) quod idem est quod extra manum vel extra po [...] statem al [...] erius ponere.
Le manner de Manumitting ou Enfranchising en rēps passe plus usualment fuit issint: Le Sn̄r (en presence de ses vicines) prist le Villeine per le Test, disant, Jeo voile que cest home soit franke; & ove ceo il luy mise avant hors de ses maines, & per c'il fuit franke.
[Page 492] Manumiffion implicita sans cest parol ( manumittere) est, quant le S [...] r fait un Obligation a son Villein a payer a luy money al un certaine jour, ou luy sue lou il poit enter sans Suit, ou grant luy un Annuitie, ou lessa Terre a luy per Fait pur ans, ou vie, & en divers semblables cases; le Villein per ceo est fait franke.
Marchers.
MArchers sont les Noblehomes inhabitants sur les Marches d' Gales & Escose, q̄ ē tēps devāt avoiēt lour private Leys, sicome fuissent Roys; & pur ceo en Statutes d' 2 H. 4. c. 28. 26 H. 8. c. 6. 27 H. 8. c. c 26. & 1 E. 6. c. 10. [...] s sōt appels Seigniors Marchers.
Marches.
MArches sont les Limits enter nous & Gales ou Escose, issint appels ou del parol German [...] is (March) que signifie Li [...] tem, ou del parol Francois (Mar (que)) cest ascavoire, un Signe del distinction, ceux esteants le notorious Distinctions de deux divers Regions. De ceux poies lier en les Statutes de 4 Hen. 5. cap. 7. 22 E. 4. cap. 8. 24 H. 8. cap. 9. & [...] .
Marshall.
MArshall est un gen̄al ꝑol pur mults Officers en Angleter': cōe l' Sn̄r ou Count Marshal, de q l mētiō est fait ē les Statutes [...] 13 R. 2. c. 2. & 1 H. 4. c. 7, & 14. le Marshal del Hostel le Roy, de que poies lier en F. N. B. f. 241. B. & en le Stat. de Artic. sup. Chart. c. 3. 18 E. 3. c. 7. 2 H 4. c. 23. 15 H 6. c. 1. & auters. Sont auxy auters inferiour Marshals mentions ē nr̄e Livres: come le Marshall de Banke le Roy, en le Statute 5 E. 3. c. 8. & en F. N. B. f. 251. l. que avoit le custodie [...] s touts les prisoners de ceo Court; & le Marshal del Exchequer, mention en le Statute de 51 H. 3. Stat. 5. appel le Statute del Eschequer. Marshall est un parol Francois, & est tant a dire come Magister equitum: car semble que venust del parol Germanois (Marschalk) que ad ceo signification.
Marshalsea.
MArshalsea est le Court ou seat del Marshal del Hostel le Roy, de que poies lier a large en Coke, l. 6. f. 20. B. & l. 10. f. 68. B. Est auxy prise pur le Prison pertinant al Court del Bank le Roy, de que le Marshal de ceo Court est le Gardian; car issint sont les formes des [Page 494] Bills la, que A queritur de B in custodia Marescalli Marescalciae Domini Regis, &c.
Maugre.
MAugre est un parol compound des deux parols Francois (Mal) & ( Gree:) issint q̄ est tant adire cōe invito animo, ou en despight d' ū auter. Et issint est use en Littleton, sect. 672. lou est dit, q̄ le Baron & Feme serront remits maugre le Baron, cestacavoire, en despight ou enconter le volunt le Baron.
Maximes.
MAximes sont les Foundations del Ley, & les Conclusions [...] Reason, & sont Causes efficient, & certeine universal Propositions cy sure & ꝑfect, q̄ ils ne poient estr̄ a ascun temps impeach ou impugne, mes doient touts foits estr̄ observe, & tenus cōe fort Principles & Authorities de luy mesmes, nient obstant ils ne point estr̄ ꝓve ꝑ force d' Argument ou Demonstration Logical, mes sont conus ꝑ Induction ꝑ le voy de Sense & Memorie. Pur example, il est un Max. q̄ Si un hom. ad issue deux Fits per divers venters, & l'un purchase Terres en fee, & morust sans issue, l' auter ne unques serra son Hei [...] , &c.
Item il est un aut' Maxime, [Page 495] que Terres discendera del Pere al Fits, mes nemy del Fits al Pere, car ceo est un Ascension, &c. Et divers tiels semblables il y ad, dont veies le Doctor & Student.
Maynour.
MAynour est, quant un Laron ad emblee, est p̄sue ove Hue & Crie, & prise, ayant ceo trove oves (que) luy que il ad emblee, ceo est appelle Maynour. Et issint nous communem̄t use p̄ dire, quant nous trovomus un fesant d'un illoyal act, que nous luy prist oves (que) le Maynour ou manner.
Meane.
MEane. See Mesne.
Mease.
MEase (M [...] ssuagium) semble de vener del parol Francois Maison ou Mansion, q̄ nest aut' forsque ū Lieu de abider ou habitation. Et unc' Messuage en nr̄e Ley comprehend plus q̄ le verie Lieu del habitation: car Domus & Messuagium differ en ceo que Domus ne poit estre intend aut' (que) les choses en Building; mes Messuagium serra dit tout le Mansion-lieu, & le Curtelage serra prise come parcel d'un Messuage, 20 H. 7. Keloway, f. 57. a. Et ꝑ le nosme d'un Messuage le Garden & [Page 496] le Curtelage passera, Plowden, f. 171. a.
Measondue.
MEasondue est un appellation done as divers Hospitals en cest Realme, que issint sōt appel, An. 2 & 3 P. & M. c. 23. & 15 Car. 2. c. 7. Et venust [...] Francois (Maison de Dieu) & nest plus que Dom. Dei ou Gods house ē Anglois.
Medietas Linguae.
MEdietas linguae est un Inquest impannel sur ascun cause, de que l'un moietie est des Denizens, l'auter A [...] iens; & est use en Plees enter parties, dont l'un est un Denizen, & auter un Alien. Et cest manner de Trial fuit primes done per le Stat. de 27 E. 3. Stat. 2. cap. 8. Et per le Statute de 28 E. 3. cap. 13. fuit graunt en cases lou le Roy mesme fuit partie ove un Alien.
Melius inquirendo.
MElius inquirendo est un Br̄e que est direct al Escheator pur un second Inquisition destre fait, quant est asc' suspition del partialitie en un Inquisition fait sur un Diem clausit extremum ap̄s le mort le Tenant le Roy. Veies F. N. B. fol. 255. C.
Merchenlage.
MErchenlage est un de ceux trois Leys hors des queux Gulielme le Conqueror frame nostre Common Ley, ove le mixture des Leys de Normandie. Et fuit le Ley des Mercians, quant ils avoient le regiment del tierce part de cest Realme.
Mesnaltie.
MEsnaltie est le droit de Mesne; cōe le Mesnaltie est extinct. Veil N. B. f. 44.
Mesne.
MEsne est, lou l'Owner del Terres ou Tenements ceux teigne d'un per certaine Services, & il ceux tenoit dun auter ꝑ autiels ou auter Services; la cestuy (que) tient les Tr̄es est appel Tenant peravail, & cestuy de que il reigne est appel Mesne, & cestuy de que le Mesne tenoit est appel Seignior Paramount. Et ē cest case, si le Seignior Paramount distraine le Tenant pur le Service le Mesne, que luy doit acquite al Seignior Paramount, donques le Tenant, avera un Br̄e vers le Mesne, q̄ est appel Brief de Mesne; & si il ne acquit' le Tenant donques le Mesne ꝑdra le service le Tenāt, & serra forejudge [...] son Seigniorie, & le Tenant serra [Page 498] Tenant immediate al chiefe Seignior, & ferra luy mesmes les Services & Suits come le Mesne fist.
Messuage.
MEssuage. Veies Mease.
Metropolitane.
MEtropolitane, signifie les Archievesques, de queux Canterburie, est nosme totius Anglicae Primas & Metropol. Et York semble sans le parol, Totius.
Miscreant.
MIscreant est, un q̄ est pervert al Heresie ou faux Religion. Bro. Presentation 54.
Mise.
MIse est un parol Francois, & signifie tant come Expensum en Latine; & issint est frequentment use en les Entries des Ju [...] gments ou Personal Actions: quant le Plaintiff recover, l' Entrie est, quod Recuperet damna sua a tiel value, & tant pro misis & custagiis La est auxy un auter acception ou signification de cest parol en Ley, lou est prise pur l' Issue [...] estre trie per Battaile ou Grand Assise. Et issint est use en Littleton, [Page 499] sect. 478, 482. & divers auters, lou joinder del Mise sur le m [...] re droit est mitter ceo en issue, que avoit le melieur ou plus cleere droit.
Misericordia.
MIsericordia est use en le Common Ley pur un Amerciament ou Peine mife sur asc' p̄ un offence; cōe lou le Plaintiff ou Defendant en asc' Action est amerce, l' Entrie est touts foits, Ideo in misericordia, &c. Et est p̄ c'appel Misericordia, come Fitzh. dit N. B. fol. 75 H. eo que doit estr̄ fors (que) petite & meins que le offence, & salvo Contenemento, come le Statute de Mag. Chart. cap. 14. ꝑle. Et pur ceo si home soit outragiousment amercie en un Court que est de Record, come en Court-Baron, &c. la est un Br̄e appel Moderata Misericordia destre direct al Sn̄r ou Baily, eux commandant (que) ils prenderont moderates Amerciaments solonque le quantitie del trespas. Et de ceo veies Fitz. N. B. fol. 75. A. & Moderata Misericordia apres.
Misnomer.
MIsnomer est le Mistake [...] un Nom̄, ou le using de un Nom̄ p̄ un auter. Veies Broke, tit. Misnomer.
Misprision.
MIsprision est, qn̄t ascun sciet que un auter ad fait Treason ou Felonie, & il ne voile luy discover al Roy, ou son Councel, ou a asc' Magistrate, mes conceala son offence. Divers auters offences sont appelle Misprision: sicom̄ un Chaplein ad fixe un antient Seal dun Patent a un novel Patent de Non-residence, ceo fuit tenus des [...] re Misprision de Treason tantum, & nul counter [...] eit del Seal del Roy. Issint ē tenus en 37 H. 8. Bro. tit. Treason 3. in fine: mes 2 H. 4. fol. 25. A. est adjudge contra; & Stamf. Pl. cor. fol. 3. B. cite ceo p̄ Treason; & issint est tenus a cest jour.
Item si un auter sc [...] et Money destre faux, & port ceo hors de Ireland en Angleterre, & utter ceo en paym̄t, ceo est forsque Misprision de Treason, & nemy Treason: & issint est en divers semblables cases.
En touts cases de Misprision de Treason, le partie offendor forfeitera ses Biens a touts jours, & les profits de ses Terres pur son vie, & son Corps al prison al pleasure del Roy.
Et pur Misprision de Felonie ou Trespasse, l' Offendor serra commit al Prison, tanque il ad trove Sureties ou Pledges p̄ son Fine, que serra [Page 501] assesse per le discretion de les Justices devant que il fuit convict.
Et nota, Que en chescun Treason ou Felonie est include Misprision; & lou asc' ad fait Treason ou Felonie, le Roy poit causer luy destre endicte & arraigne forsque de Misprision solement, si il voile. Vide plus de ceo Stamf. lib. 1. cap. 39.
Mittimus.
MIttimus est un Brief per q̄ Records sont transfer̄ del un Court al auter: ascun foits immediatement, come appiert en le Stat. 5 R. 2. cap. 15. come hors del Bank le Roy en l' Exchequer; & asc' foits per un Certiorari en le Chancerie, & dillonques per un Mittimus en auter Court, come poies veier en 28 H. 8. Dyer, fol. 29. a, b. & 29 H. 8. Dyer, fol. 32. a, b.
Cest parol est auxy use pur le Precept que est direct per un Justice del Peace al Gaoler p̄ le receiver & safement garder dun Felon, ou auter Offendor, commit per le dit Justice al Gaole.
Moderata Misericordia.
MOderata Misericordia est un Brief que gist lou [Page 502] come est amercie en Court-Baron ou Countie plus que devoit est re: donques il avera cest Brief direct al Viscount, si soit en le Countie, ou al Bailiff, si soit en Court-Baron, eux commandant que ils ne luy amerciont mes eyent regard al quantitie del Trespasse: sils ne obey cel Br̄e, donques issera vers eux un Sicut alias, & Causam nobis significes, & apres ceo un Attachment.
Modus decimandi.
MOdus decimandi est, denyers on auter chose de value done antiuaiment en lieu de dismes: Le tryal de quel appertaine al common Ley, & nemy al ascun Court Christian. Ridleys view of the Civil Law, 141. En quel il dit que en le temps de William le primer Roy fuit un modus decimandi per totum regnum pro omnibus rebus.
Monstrans de Droit.
MOnstrans de Droit est un Suit en le Chancery p̄ le Subject destr̄ restore as Tr̄s & Tenements queux il monstre destr̄ son Droit, mes sont ꝑ Office troves destre en le possession dun q̄ darreinment morust, ꝑ quel Office le Roy est entitle al un Chattel, Frank- [...] enement, ou Inheritance en les dits Terres. Et [Page 503] cest Monstrance de Droit est don̄ ꝑ les Statutes [...] 34 E. 3. cap. 14. & 36 E. 3. cap. 13. Veies Coke, lib. 4. fol. 54. B. en le Case del Wardens & Communaltie des Sadlers.
Monstrans de Faits ou Records.
MOnstrans de Faits ou Records est sicome, pur example, un Action [...] Det soit port envers A sur un Obligation ꝑ B, ou ꝑ Executors, &c. Apres le Plaintife ad delcare, il doit monstre son Obligation, & le Executor le Testament, al Court. Et issint est de Records,
Et le diversitie perenter Monstrance de Faits ou Records; & Oyer de Faits ou Records, est issint: Il que pleade le Fait ou Record; ou declare sur ceo, doit monstre ceo; & lauter vers (que) tiel Fait ou Record est pleade ou declare, & est per ceo destre charge, poit demand Oyer de ceo Fait ou Record, que son adversarie port ou plead vers luy.
Monstraverunt.
MOnstraverunt est un Brief que gist pur l' Tenants en Ancient demesne, & est direct al Seignour, luy commandant que il ne distraine son Tenant p̄ fair auter Service que il doit: & ils poient [Page 504] aver cest Brief direct al Vic', que il ne suffer le Seigniour a distraine les dits Tenant pur faire auter Service.
Si les Tenants ne poient estre en quiet, ils poient aver un Attachment vers le Sn̄r, de appearer devant les Justices; & touts les nosmes des Tenāts serront mise en le Brief, coment que forsque un de eux foit grieve.
Auxy si a [...] cun Terre en Ancient demesne soit en variance enter les Fenants, donques le Tenant issint grieve avera vers auter Brief quod vocatur Droit close, secundum Confuetudinem Manerit; & ceo serra touts foits port en le Court le Seigniour, & sur ceo il countera en le nature de quel brief il voit, come son case gist: & cest Brief ne serra remove, si non p̄ grand cause, ou non-power de le Court.
Auxy si le Sn̄r en auter lien hors de ancient Demesne distraine son Tenant de faire auter Service que il doit, il avera Brief de Droit, appelle Ne injuste vexes; & cest un Brief de Droit Patent, que serra trie per Battel ou Grand Assise.
Mortdancester.
MOrtdanc st [...] r [...] Vide devant en le Title Cosinage.
Mortagage, ou Morgage.
MOrtgage, ou Morgage est, quant un fait un Feoffment a un auter sur tiel condition, que si le Feoffor paya al Feoffee a certain jour 40 l. [...] argent, que adon (que) le Feoffor poit re-enter, &c. En ceo case le Feoffee est appel Tenant en Morgage. Et ficome un home poit faire Feoffment en Fee en Morgage, issint il poit faire Don̄ en taile, ou Lease p̄ vie ou p̄ ans en Morgage. Et il semble que la cause p̄ que il est appel Morgage est, pur ceo que il estdit en anrust si le Feoffor voile payer al jour limit l' argent ou non; & si il ne paya pas, don (que) le Terre que il mist en gage sur condition [...] paym̄t [...] le money est ale de luy a touts jours, & issint mort a luy sur cōdition: mes si il paya le money, donques est le gage mort qn̄t a le Tenant, cestascavoit, le Feoffee. Et p̄ cest cause il est appel en Latine Mortuum vadium, come Littleton dit; ou Mortuum vas, come jeo pense.
Auxy si Feoffm̄t soit fait ē Morgage sur condition, que si le Feoffor paya tiel summe a tiel jour, &c. & le Feoffor. morust devant le jour, unco [...] si le Heire le Feoffor paya le summe a mesme le jour al Feoffee, & le Feoffee ceo refusa, le Heire le Feoffee poit enter, Mes en tiel case, si n [...] [Page 506] soit ascun jour de payment expresse, donques tiel Tender del Heire est voide, pur ceo que quant le Feoffor morust, le temps del Tender est passe; auterm̄t les Heires le Feoffor averont temps del Ten [...] a touts jours, que serra inconvenient, q̄ un avera un Fee-simple a luy & ses Heir̄s defeasible touts foits a le pleasure & volunt de auters. Mes en le primer case l' tēps del sender ne fuit expire per la mort le Feoffor.
Mortmaine.
MOrtmaine: lou Terres sont dones a Meason [...] Religion ou a un auter Companie q̄ sont corporate ꝑ le Grant le Roy, cest Trē est devenus ē Mortmaine, cest adire en Anglois, a dead hand; & don (que) le Roy ou le Sn̄r de que le Tr̄e est tenus poit entre, come appiert per le Statute de Religiosis. Auxy cy un fait Feoffment sur confidence a certain persons al oeps de un meason de Religion, ou al oeps de ascun G [...] ld ou Fraternity corporate, il serra dit Mortmain, & il encourage mesm̄ le pain, ut patet per l' Statute, Anno 15 R. 2.
Mortuary.
MOrtuary (Mortuarium) est ceo Aver ou auter Chattel moveable, que, apres le [Page 507] mort del owner, per le Custome des ascuns lieus, accrue al Parson, Vicar, ou Priest del Paroche, en lieu ou satisfaction des Dismes ou Oblations oblites on nient duement payes ꝑ cestuy que est mort, Veies ore l' Statute de 21 H. 8. cap. 6. que limit le course & order del payment de ceux Mortuaries, ou de deniers pur eux.
Mulier.
MUlier est up ꝑol use en nostre Ley, mes cōe aptm̄t jeo nepoy dier: car, accordāt al ꝓper significatiō, Mulier est Foemina corrupta, sicome il est use ꝑ Ulpianus en tiel man̄; Si ego me Virgin̄ emere putarem, cum esset Mulier, emptio non valebat. Per c' poyes veir, que Mulier est un Feme (que) ad ew le cōpanie [...] ū hōe. Mes a relinquisher l' droit significant, Mulier est prise en nostre Ley pur ū que est loyalment engēder & nee; & est touts foits contradistinguished oves (que) ū Bastard, solem̄t p̄ monstre un differēce pent' eux;cōe p̄ example: Un hōe ad un Fitz ꝑ un Feme devant Marriage; cest issue est un Bastard, & illoyal: & ap̄s il marrie ove le Mere del Bastard, & ont un aut' Fitz; cest second Fitz est appelle Mulier, cest adire, loyal, & serra Heire a son pere; mes le auter ne poit estre Heire al ascun home, pur ceo que [Page 508] il nest conus ne certaine en le judgement del Ley que fuit son Pere, & pur cest cause est dit destre nullius filius, ou filius populi, & issint sans Pere, accordant al cestuy veil verses;
Cui Pater Populus, Pater est sibi nullus & omnis:
Cui Pater est Populus, non habet ipse Patrem.
Et touts foits vous troves cest addition al eux (Bastard eigne, & Mulier puisne] quant ils sont compare ensemble.
Muniments.
MUniments (Munimenta) sont Evidēces ou Escripts touchants le Possession ou Inheritance dascun home, per queux il est able pur def [...]nd' l'E [...]ate que il ad Et ils sont issint appels del Latin parol Muvio, que signifie pur defender ou fortifier. Et 35 H. 6. f. 37. b. Wangford dit, (que) cest parol Muniment include touts manners des Evidences, viz. Charters, Releases, & auters.
Murage.
MUrage (Muragium) est un Tolle ou Tribute levie pur l' Repairer ou edifier des publique Mures. Veies Fitzh. N. B. fol 227. D. & l' Stat. 3 E. 1. cap. 30.
Murder.
MUrder est un voluntarie Occider [...] un home sur malice prepense, & semble [...] e vener de le Saxon parol Mordren, que issint signifie. Et Mordridus ē le Murderer tan (que) al cest jour ent' eux in Saxony, [...] (que) nous avomus mults [...] nostr̄ parolx, come ad estre sovent dit. Ou poit estre derive de Mort & dire, quasi Mors dira. Veies Stanf. Plees del Coron. lib. 1.
Muster.
MUster venust del parol Francois Monstrer, id est, Monstrare; car de muster nest riens forsque de monstre homes & lour Armes, & d'eux inroller en un Livre, come appiert ꝑ l'Stat. de 18 H. 6. cap. 19.
N.
Naam.
NAam est le Pursuer on Apprehension des biens moveables de un auter home: & il est ou loyal, ou illoyal. Naam loyal est un reasonable Distresse accordant al value del chose pur [Page 510] que Distresse est fait. Veies puis de ceo en Hornes Mirrour de Justices, lib. 2.
Nativo habendo.
NAtivo habendo est un Brief que gist lou le Villeine ou Nief de un Seigniour est ale [...] luy; donques le Seigniour avera cest Brief direct al Vic', que il face le Sn̄r aver son Villein ou Niefe, oves (que) touts ses chateux.
En cest Brief plusors Villeins ou Nieses ne purront estr̄ demandes que deux; mes cy tant des Villeins ou Niefes (que) voilent joyntm̄t poiēt porter Br̄e de Libertate probanda.
Et si un Nief port Brief de Libertate probanda avant que le Seigniour port cest Brief, donques le Villein Plaintif ou Niefe serra en peace jesque al venue des Iustices, ou auterm̄t son Brief ne luy aidera.
Au [...] y si un Villein ad demur en Antient demesne per un an & jour sans claime del Seigniour, donques il ne poit luy seiser deins le dit Franchise.
Naturalization.
NAturalization. Veies Denizen.
Ne admittas.
NE admittas est un Brief direct al Evesque al Suit de un que est Patron de ascun Esglise, & il doubta que l'Evesque voit collate un son Clerk, ou admit un auter Clerk p̄sent ꝑ auter home al dit Benefice: donques il q̄ c' doubta avera cest Brief, de inhibiter le Viscount de collater ou admitter ascun a son Esglise.
Negativa pregnans.
NEgativa pregnans est, quant un Action, Information, ou tiel semblable Suite, est port envers un, & le Defendant plead en Barre del Actiō ou auterment un Negative Plee, que nest cy special aunswer al Action, mes que il enclude auxy un affirmat [...] ve. Come p̄ example; Si ū Br̄e de Entre en casu proviso soit port per cestuy en le Reversion sur Alienation ꝑ le Tenant pur vie, supposant que il ad alien en Fee, (que est un Forselture de son Estate) & le Tenant al Brief dit que il nad alien en Fee; cest un Negative, en que est include un Affirmative: car nient obstant il soit veray (que) il nad alien en Fee, uncore il poit estre q' il ad fait un Estate en taile. (le q̄l est auxy un Forfeiture) & donques l' Entry de celuy [Page 510] [...] [Page 511] [...] [Page 512] en l'Reversion est loyal, &c.
Item en un Quare impedit, l'Roy fist Title de presenter a un Prebend, ratione que les Temporalties de l'Evesquerle fueront en sa mains ꝑ le mort [...] W. nuꝑ Episcopum, &c. Le Defendant dit que ne voida pas, esteants les Temportalties ē les maines [...] l Roy ꝑ le mort de W. Cest un Negative pregnant; car il poit estre en les maines del Roy auterment que per le mort de W. & il suffist al Roy si soit en sa maines, &c.
Issint est lou un Information fuit port in Scaccario vers J. S. pur ceo que il achate lanes perēter Sheringtemps & Assumption tali anno de J N. Le Defendant dit quod non emit de J. N. come il est alleadge, &c. Ceo est appelle un Negative pregnant; car sil ceo achate de auter, uncore il est culpable pur achater.
Neif, ou Nief.
NIef est un Feme que est bonde, ou ū Villein Feme: mes si el marrie un Frankhome, el est ꝑ ceo fait frank, pur ceo que el & sa Baron sont forsque un person en Ley, & el covient estre de mesme le nature & condition en Ley a touts entents cōe sa Baron; mes sa Baron est frank a touts entents sans ascun condition en Ley, ou auterm̄t; & issint [Page 513] per consequens le Feme covient estre, & est frank accordant al nature son frank Baron. Et donques si el soit un foits franke & cleerement discharge de Villenage a touts entents, el ne poit estre Niefe apres sans especial act fait per luy, come Divorce, ou Conusans en Court de Record, & c' est en favour de Libertie. Et p̄ ceo un Franke feme ne serra Villeine per prisel del Villein a sa Baron; mes lour issue serra Villeines come lour Pere fuit: que est contrary a le Ley Civile, car la est dit, Partus sequitur Ventrem.
Bondage ou Villeinage ad son cōmencem̄t enter les Hebrews, & son original de Chanaan le fits de Cham, q̄, p̄ ceo que il avoit derise son Pere Noe, gisant dissolutement quant il fuit ebrle, fuit punie en son fits Chanaan ovesque penaltie d'Bondage.
Ne Injuste vexes.
NE injuste vexes. Vide Titulo Monstraverunt.
Next Friend.
NExt Friend. Veies Prochein Amy.
Nihil dicit.
NIhil dicit est, quant un Action est pore envers un home, & le Defendant appeare, & le Plaintife declare, & le Defendant ne voile responder, ou pleade al Action, & ne maintaine son Plee, mes fait Default; ore sur cest Default il serra condemne, quia Nihil dicit.
Nisi prius.
NIsi prius est un Br̄e judicial, & gist quant l'Enquest est impanell' & retorne devant les Justices en Banke; donques le Plaintife ou Defendant poit aver cest Br̄e direct al Vil [...] ', luy commandant q̄ il face vener la Enquest devant les Justices en m̄ le Countie a lourvener, & ceo p̄ easement del Enquest.
Nomination.
NOmination est, lou un poit, en droit de son Mannor ou auterment, nominate & appoint un able Clerk ou hōe al un Parsonage, Vicarage, on tiel Spiritual promotion. Et nota que cest Nomination poit estre al auter que l' Ordinarie, que auter luy presenter̄ al Ordinarie.
Non-ability.
NOn-abilitie est, lou un Action est port vers un, & le Defendant dit, que le Plaintiff est non able de suer asc' Action, & demand Judgment sil serra responde. Il y ad 6 causes de Non-abilitie en le Plaintiff: come sil soit Utlage, ou Alien nee, (mes cest Disabilitie est en Actions reals & mix solement, & non en Actions personals, si non que il solt un Alien enemie) ou condemne en Praemunire, ou ꝓfesse en un Abbie, Priorie, ou Frierie, ou Excommenge, ou un Villeine, & sue son Seignoir. Mes cest darreine nest Plee pur auter que nest Seignior al Villeine. Vide de ceo Littl. l. 2. c. 7.
Non-age.
NOn-age est tout les temps de l'age del home desouth 21 ans en ascun cases, & 14 en auter, come Marriage. Veies Broke, Tit. Age.
Non-claime.
NOn-claime est l' Omissiō ou neglect de cestuy que doit challenger son Droit deins un temps limitte' per quel neglect il est ou barre de son Droit, come a cest jour sur Non-claime deins cinque ans apres un Fine & droit a luy [Page 516] accrue, per le Statute de 4 H. 7. c. 24. ou de son Entrie per un discent pur default del Claim deins cinque ans ap̄s le Disseisin fait, ꝑ le Statute de 32 H. 8. c. 33.
Non omittas propter libertatem.
NOn omittas propter libertatem, est un Brief que gift lou le Viscount retorne sur Brief a luy direct, que il ad maund al Bailiff de tiel Franchise que aver Retorne des Briefs, & il nad serv [...] e le Brief; donques le Plaintiff avera cest Brief direct al Viscount, que il luy mesme enter en le Franchise, & execute le Brief le Roy.
Auxy le Viscount garnera le Bailiff, que il soit devant les Justices al jour contenus en le Brief; & sil ne vient & luy acquite, donques touts les Briefs judicial que passeront hors del Court le Roy durant mesme le Plee serront Briefs De non omittas, &c. & le Viscount ferra execution d' eux pendant cel Plee.
Non-suit.
NOn-suit est le Renouncer del Suit per le Plaintiff on Demandant; quant le matter est en probability p̄ proceed, [Page 517] apres le Tenant ou Defendant ad appear, &c. Et vide le Statute 2 H. 4. c. 7. en queux cases hōe ne poit estre Non-suit; & 23 H 8 c. 15. & 8 Eliz. c. 2. & 4 Jac. c. 3. lou cestul qui est Non-suit payera Costs al Defendant.
Non sum informatus.
NOn sum informatus est un formal Response fait per un Attorny, que est cō mand per le Court dire ascun chose en Defence [...] son Cliēt, per quel il est adjudge lascher son Client sans Defence, & issint judgement passe p̄ l' auter partie.
Novel Assignment.
NOvel Assignment est, ou home port trespasse de son close debruse: Et le Defendant justifie en un lien on nul trespass [...] fuit fait, Donque Plaintif assigne le close ou c' fuit, a q'l le Defendant poit plead, de rien culpable ou justifie per title. Et auxi sont aut's Replications en Battery, & aut's Trespasses; come si Def. en Battery justifie per un Brief, le Plaintif reply que puis le Retorne de ceo le Plaintif en ceo suit discharge le Plaintif hors de Prison, & puis le Defendant luy prist & Imprison, ore le Defendant respond a ceo Replication.
Nude Contract.
Nude Contract, ou Nude Promise, est, lou un hōe bargaine ou vende ses Terres ou Biens, ou ꝓmise p̄ don̄ al auter monie, ou un chival, ou ed fier un meason, ou faire tiel chose a tiel jour, & la est nul recompence appoint a luy p̄ le faire de ceo; come si un dit al auter, Jeo vende ou done a vous touts mes Terres ou Biens, & la est nul chose appoint, assigne, ou agree, que l' auter donera ou payera pur ceo, issint que il nad quid pro quo: cest ū Nude Cantract, & void en Ley, & p̄ non-performance de ceo nul Action gist, car, Ex nudo Pacto non oritur Actio.
Nuper obiit.
Nuper obiit est un Brief, & gist lou un ad plusors Helrs, cestascavoir, plusors Files, ou plusors Fits, sil foit en Gavelkind en Kent, & devie seisie, & un Heire entra en tout la Terre; donques les auters que sont tenus dehors averont cest Brief vers le Coheir que est deins. Mes Brief de Rationabili parte gist en tiel case ou l'Ancestor fuit un foits seisie, & ne morust [...] elsie de Possession, mes del [...] Reversion.
Nusans.
NUsance est, lou asc' home levie ascun Mure, ou estoppe ascun Ewe, ou fait ascun chose sur son Tr̄es demesne al annoya [...] ce son ꝓchein; cestuy que est grieve avera un Brief appel Assise de Nusans: Auxy si il que fist le Nusans alien le Terre a un auter, donques cest Brief serra port envers ambideux, come appiert ꝑ le Statute de Westm. 2. c. 24.
Poit estre auxi ꝑ estopper de Luminers en ū mese, ou p̄ causer d'ewe de flow sur mese auters pur remedy de quel un Action sur le Case ou Assise gist.
O.
Oblations.
OBlationes sunt quaecunque a piis fidelibusque Christianis offeruntur Deo & Ecclesiae.
Occupant.
OCcupant, est quant un home fist un Lease al auter pur Term del Vie de tierce persō: Le Lessee morust, Il que primes [Page 520] enter, tener la terr come occupant durant' la vie del tierce person; Quel a preventer tiels leases sont ore faits al Lessee ses heirs & assigns. 2 Cro. 554. Co. 6. Rep. 37.
Odio & Atia.
ODio & Atia est ū vieux Brief mention ē le Statu [...] e de Westm. 1. fait en 3 E. 1. cap. 11. & fuit direct al Viscount, pur inquire si hōe commise al prison sur Suspicion del Murder fuit commise sur un just Suspicion, ou pur malice solement. Et si sur enquiry fuit trove que ne fuit culpable, adonques un auter Brief venust al Viscount p̄ luy bailer. Mes cest course est ore tolle per le Statute de 28 E. 3. cap. 9. come appiert en Stamford's Pl. Cor. fol. 77. G. Et veies Coke, lib. 9. fol. 56. a. b.
Ordael.
ORdael est tant adire come Expers criminis; & fuit antient manner de Trial en Criminal causes: car quant le Defendant, esteant arraine, plede Rien culpable, il puit es [...] ier le quel il voet mitter luy mesme sur Dieu & le Pais, que est sur le Verdict de Douze homes, cōe il sont jesque a cest jour, ou sur Dieu solement; & pur ceo fuit appel Judicium Dei, [Page 521] presumant q̄ Dieu voille deliver le innocent; cestascavoir̄, sil fuit de Franke estate, donq̄s ꝑ Feu, cestascavoir̄, a passera ouster novem Vomeres ignitos nudis pedibus: & sil escape illaesus, il serra acquite; & sil nemy, il serra condemne. Et si le partie fuit [...] ū Servile condition, donque il serra trie per Ewe, que fuit en divers man̄ers: Pur queux veies Lambert, verbo Ordalium. Mes jammes cest Trial est ouste ꝑ Parlemente. Veies Coke, lib. 9. fol. 32. b.
Ordelfe.
ORdelfe est, lou un claim̄ de aver le Ore que est trove en son Soile ou Terre.
Ordinary.
ORdinary (Ordinarius) est ū term̄ del Civil Ley, & en ceo signifie ascun Judge q̄ ad authority p̄ prender Conusance de Causes ē son droit dem̄, & nemy ꝑ Deputation. Mes en le Com̄on Ley est ꝓperm̄t prise p̄ l' Evesque de chesc̄ Dioces, q̄ est le voier Ordinary p̄ certifier Excommengement, loyal Matrimony, & tiels Ecclesiastical & Spiritual acts deins ses Dioces, as Judges [...] l Com̄on Ley; car il est le party a q̄ le Court doit escrier sur tiels occasions. Et uncore cest parol Ordinary est usualment [Page 522] prise en le Common Ley & les Statutes p̄ chescun Commissarie ou Official [...] l Evesque ou auter Judge Ecclesiastic̄al que ad Judicial Authority deins son Jurisdiction, come appiert en Coke, l. 9. Henfloe's C. fol. 36. b. & le Statute Westm. 2. c. 19. & 31 E. 3. c. 11. & plusors auters.
Orfgild.
ORfgild est Pecudis Solutio vel redditio, de Sax. Orf. Pecus, & Gild, Solutio, Redditio.
Ouster le maine.
OUster le maine (Amoveas manum) est un Brief direct al Escheator, pur deliver Seisin ou Possession hors des maines le Royal partie que sue le Brief, pur ceo que les Terres seisies ne sont tenus del Roy, ou pur ceo que il ne doit aver le Gard de eux, ou pur ceo que le Title le Roy est determin̄, &c. Est auxy le Judgment done en un Monstrance de Droit, ou sur un Travers ou Petition: car quant appie [...] t sur le matter discusse q̄ le Roy nad Droit ou Title al chose que il seise, adonque Judgment serra done que l [...] s maines le Roy sont oustes; & sur ceo un Amoveas manum serr̄ agard al Escheator; que est tant sicome Judgment fuit done que le party [Page 523] averoit son Terre arere. Et veies pur ceo Stamford Praerog. cap. 24.
Outfangtheef.
OUtfangth [...] ef est, quod Latrones de Terra vestra vel Feodo vestro extra Terram vestram vel Feodum vestrum capti, ad Curiam vestr̄ revettantur, & ibidem judicentur.
Outlary.
Outlary. Veies utlary.
Owelty.
OWelty est, quant il y ad Seignlour, Mesne, & Tenant, & le Tenant tient del Mesne ꝑ mesme les Services que le Mesne tient ouster de le Sn̄r Paramount: come si le Tenant tient del Mesne per Homage, Fealty, & xx s. de Rent annuelment, & le Mesn̄ tient ouster de l' Sn̄r Paramount ꝑ Homage, Fealty, & xx s. Rent auxy; cest appelle Owelty de Services.
Oyer de Records & Faits, &c.
OYer de Records & Faits est, ou un Action de Det est port envers un home sur un Obligation, & le Defendant appeare, & donques prie que il poit Oyer le Obligation [Page 524] ovesque que le Plaintife charge luy.
Issint est quant executors port un Action de Det, & le Defendāt demād Oyer del Testament; sur cest demand il serra lie al luy. Mes si soit en un auter Terme, ou apres que le Defendant ad imparle, donq̄s il navera le Oyer. Et issint come est dit de Faits, est destr̄ entende de Records que sont alledge envers luy. Mes en B. R. le Defendant poit al ascun temps devant Plea, & le Plaintife aver Oyer del Fait ou Record. Veies le Title Monstrans de Faits.
Oyer & Terminer.
OYer & Terminer est Brief appel en Latin de Audiendo & Terminando, & gist qn̄t asc' grand ou sodain̄ Insurrection est fait, ou asc' auter sodain Transgression, que requir̄ hasty reformation; donque le Roy directera un Commission a certain Justices de Audiendo & Terminando.
Nota que les Justices de Assise ont un Commission de Oyer & Terminer direct al eux, & divers auters inhabitants deins les Counties as queux [...] ut Circuit extende, dont chesc' de les Justices de Assile sont del Quorum, pur le meulx oyer & determiner de divers Offences queux poient avener en lour Circuit, quel sans cel Commission cux ne [Page 525] poient fair'. Veis Fitzh. N. B. fol. 110. b.
P.
Paine fort & dure.
PAine fort & dure est un particular Punishment pur tiels que esteant arraign̄ pur Felony, refusont de mitter eux mesmes fur le usual Trial de Dieu & le Pais, & per ceo sont Mute, ou come Mute en Ley. Veies ceo a large en Stamford. Pl. Cor. fol. 150.
Palace-Court.
PAlace-Court est un Court de Record erect per le Roy James, per ses Letters Pattents teigne a Southwark, & est un Court de Common Ley. Veies Marshalsea.
Pannage.
PAnnage. Veies Paunage.
Pannel.
PAnnel venust del parol Francois Panne, id est, Pellis, & signifie en nostre Com̄on Ley un Schedule ou Rolle que conteine les nosm̄s des Jurors queux l' Viscount [Page 526] ad retorn de passer sur ascun Trial. Et pur ceo le Impanneller del Jury nest riens fors (que) le Entry de lour nosmes en le Rolle le Viscount.
Pape.
PApe (Papa) est un nosme q̄ signifie Pater, & ancientment fuit apply al auter Clergy-men en le Grec Esglise; m. s. ꝑ usage est particulerment approprie en le Latin Esglise al Evesque de Rome: nn nosme mult frequent en nostre ancient Annuels Livres, specialm̄t en le temps de ceux Roys, queux, grandm̄t abandonants leur Imperial Authoritie, & abasans eux mesmes debase lour Estate, suffer un Alien, un outlandish Evesque, (que) inhabit 1000 miles d'eux, ne toller d'eux le disposition de pluseurs Spiritual Preferm̄ts, ascun temps ꝑ Lapse, & ascun temps per Provision, ou auterm̄t. Pur redresse [...] quel divers Statutes ont este fait pendant que le Royalme fuit de la Roman Communion; mes tout son Povoir ne suit tolle iesque vers la fin del Roigne de Roy Henry le huict.
Paramount.
PAramount est un ꝑol compoūd [...] s deux ꝑols Francois, (par, i.e. per, & monter, i. e. ascendere;) & signifie ē nr̄e Ley le plus Hault S [...] ̄t del Fee. [Page 527] Pur le melieur entelligence de ceo, veies F. N. B. f. 135 M. en son Br̄e [...] Mesne.
Paraphernalia.
PAraphernalia, Graece [...] praeter, & [...] dos. Quare Paraphernalia sunt bona (que) sponsa secū fert praetercōstitutā dotē. 1 Cro. D. Hastengs vers. Douglas.
Paravaile.
PAravaile est ū ꝑol q̄ auxy est cōpound de deux ꝑols Francois, (par i. e. per, & availer, i.e. dimittere;) & signifie en nr̄e Ley le plus Base Tenant del Free, (que) est Tenāt al ū (que) tenust oust' del aut' Veies p̄ l use de cest ꝑol F. N. B. en son Br̄e de Mesne, f. 135. M.
Parceners.
PArceners sont solonque le course de Common Ley, & solonque le Custome. Parceners solonque le Common Ley sont, lou un seisie d'un Estate d'enheritance des Tenements ad issue forsque Files, & devie, & les Tenements discendont a les Files; donque ils sont appel Parceners, & sont forsque un Heire. Mesme le Ley est, si neyt ascun Issue, & que ses Sores serroint ses Heires. Mes si home ad frrsque un File, el nest dit Parcener, [Page 528] mes [...] a File & la Heire. Et fi ne sont Files ne Sores, les Terres descenderont a les Aunts, & els sont Parceners.
Quant Tr̄es discendont a divers Parceners, els poient faire Partition enter eux per Agreement; mes si asc' d'eux ne voilent faire Partition, donque les auters averont un Brief de Partitione facienda direct al Viscount, que ferra Partition enter eux per le serement de xij. loyals homes de sa Bailywike.
Auxy Partition per Agreement poiet estre fait ꝑ le [...] ey, auxy bien per Parol sans Fait, come per Fait. Et si ils sont [...] pleine age, la Partitiō touts jours demurrera, & ne serra unques defete.
Mes si les Tr̄es sont a eux en le taile, com̄t que ils sont concludes durant lour vies, uncore l' Issue cestuy (que) ad le meinder part en value poit disagree a la Partition, & ent' & occupier ē common oves (que) l' auter part. Et si les Barons des Parceners sont Partition, quant le Baron devie la Feme poir disagreer a la Partition. Aux' si le Parcener (que) e [...] deins age fait Partition, quant el vient a son pleine age el poit disagreer. Mes el covient b [...] en garder quant el vient a son pleinage, q̄ el ne preigne routs les Profits a sou use demesne des Tr̄es que fueront a luy alottes; car donques [Page 529] el soy agree al le Partition: & le pleine age serra touts foits entende al age de 21 ans.
Auxy si sont divers Parceners que ont fait Partition enter eux, & le part d'un soit recover vers luy ꝑ Title loyal; donques el compellera les auters de faire novel Partition.
Parceners solonque le Custome sont, lou home est seisie de Tr̄es en Gavelkind, come en Kent, & auters lieux franchises, & ad issue divers Fits, & devie; donque les Fits sont Parceners per le Custom.
Parco fracto.
PArco fracto est ū Br̄e que gist vers cestuy q̄ enfreint asc' Poūd, & prist hors [...] ceo ascuns avers queux sont la loyalment impounds. Veies de ceo F. N. B. fo. 100. E.
Park.
PArk est un lieu en q̄ per perscripc̄on ou ꝑ grant de Roy, un Subject preserve son game des avers ferae naturae. Veies Stat. Westm. 1. 3 E. 1. cap. 20.
Parliament.
PArliament, Veies le Sn̄ [...] Cooks 4 Institut. & Monsieur Cowels Interpreter, title Parliament.
Parson imparsonee.
PArson imparsonee est cestui q' est ē possession dun Esglise appropr ou ꝑsentative [...] car issint est use ē ābideux cases ē Dyer, f. 40. b. & f. 221. b.
Parties.
PArties al Fine on Fait sōt ceux queux sont nosmes en Faits ou Fines come Parties a ceo; come ceux queux levie le Fine, & ils a (que) le Fine est levie. Et ils que sont un Fait de F [...] offm̄t, & ils a que il est fait, sont appelles Parties al Fait: & issint en auters semblables cases.
Nota, que si un Indenture soit fait enter deux cōe Parties a ceo ē le cōmencement, & en le Fait un d' eux grant' ou lessa un chose al un auter (que) nest nosme en le cōmencement, il nest Partie al Fait, ne prendra riens per ceo.
Partition.
PArtition est un Division de Terres descendus per se Common Ley, ou per Custome, perenter Coheirs ou Parceners, ou ils sont deux al meines, soient ils Fitz, Fils Soers, Aunts, ou autenment de kin al An [...] e our de que le Terre discende al eux.
Et cest Partition est sait [Page 531] quater voies p̄ le pluis part; de (que) trois sont al pleasure & ꝑ Agreement ꝑenter eux, le quart est per Compulsion.
Un Partition per Agreement est, quāt ils mesmes divide le Tr̄e equalment en tants parts cōe la sont d'eux Coparceners, & chesc' d' eslier un share ou part, l'eigne primerm̄t, & issint l'un apres l'auter, cōe ils sont d'age; si non (que) le eigne per consent fait le Partition, donques l'Election appertiēt al ꝓcheine, & issint al eigne darreinement, accordant cōe il est dit, Cujus est Partitio, alterius est Elictio.
Un aut' Partition per Agreement est, quant ils essiont certain de lour Amies de faire Division pur eux.
Le tierce Partition per Agreement est, per trahens de Lots, issint: Primerm̄t de divider le Tr̄re en tants des ꝑts come la sont Parceners; donques a scriber chesc' part severalmēt ē ū petit Scroll, ou peece [...] paper ou parchm̄t, & [...] mitter ceux Scrolls close en un Hat, Cap, ou auter tiel semblable chose; & donq̄s chesc' Parcener, un ap̄s auter, come ils sont d' age, a traher un peece ou Scroll ē (que) est escript un part del Tr̄e, que per cest Trahens est ore severalment allotte al eux en Fee-simple.
Le quart Partition, que est per Compulsion, est, lou un ou ascuns d' les Coparceners violent aver Partition, & auters [Page 532] ne voilent agreer a ceo; donques ceux que issint voilent aver Partitiō poyent porter un Brief De Partitione facienda envers les auters queux ne voilent faire Partition, per vertue [...] quel ils serront compel [...] parter, &c.
En Kent, lou les Terres sōt d' Gavelkind-nature, ils appel a cest jour lour Partition Shifting, il mesme parol que les Saxons use, nosmem̄t Shiftan, que signifie pur fair Partition perenter Coheires, & p̄ assigner a chescun [...] eux lour portion. En Latin est appelle Herciscere.
Partition auxy poit estr̄ fait per Joyntenants ou Tenants en common per lour assent, ꝑ Fait enter eux, ou ꝑ Brief, ꝑ les Statutes [...] 31 H. 8. cap. 1. & 32. H. 8. cap. 32.
Pasport.
PAsport est un parol mention en le Statute 2 E. 6. Cap. 2. & signifie un Licence fait per asc' que ad authority, pur le safe passage [...] ascun hōe del un lieu al auter.
Patron.
PAtron est celuy q̄ ad l'Advowson d' ū Parsonage, Vicarage, Frāk-chappel, ou tiels sēbl' Spiritual Promotiōs, appertient a son Mannor, ou auterment en grosse, & per ceo poit ou doit doner mesme l' [Page 533] Benefice, ou present a ceo, quant & cy toft q̄ il devient voide. Et cest esteant Patron, ou Patronage, ad commencement pur l' pluis part per un [...] ceux troies voyes: nosmem̄t, ou ratione Fundationis, pur ceo quel' Patron ou ses Auncestors, ou ceux [...] q̄ il claime, fueront Founders ou Edifiers de l' Esglise; ou ratione Donationis, pur ceo q̄ ils endowe ou done Terres al ceo pur maintenance; ou auterm̄t ratione Fundi, pur ceo q̄ le Esglise fuit mis ou edifie sur lour soile ou terre: & divers temps ꝑ reason de touts trois.
Paunage ou Pannage.
PAunage ou Pannage, (Pannagium) est ceo argent que les Agistors des Forrests collect pur l' feeder des Porcels deins l' Forrest, & est auxy prise pur touts manners del Mast des arbres deins l' Forrest, [...] q̄ les Porcels feed. Veies Manw. For. Leys, c. 12. f. 90. a.
Peers.
PEers sont ceux q̄ sont impan̄els en un Enquest sur ascun home, pur l' convicter ou acquiter d' luy d' asc' offence pur que il est en question. Le reasō d' ql' appellation de Jury est p̄ ceo, que Peers venust del Latin Pares, id est, Egals; & le custome [...] nostr̄ [Page 534] Nation est, pur trier chescun home per ses Egals, cestascavoire, per ses Peers. Et issint appiert ꝑ l' Statutes de Mag. Charta, cap. 29. & West. 1. cap. 6. Cest parol est auxy use pur le Nobility del Realm & les Seigniours del Parliament, queux sont appelles les Peers del Realm. Et de ceo veies Stamf. Pl. Coron. lib. 3. cap 1. fol. 152.
Perambulatione facienda.
PErambulatione facienda est un Br̄e q̄ gist lou 2 Sn̄ries gisont un pres lauter, & ascun Encrochment est fait ꝑ long tēps; donq̄s ꝑ assent [...] ambi [...] Seigniours, l' Viscount prendera ovesq, luy les parties & les vicines, & fieront Perambulation, & fieront les Meres come ils fueront a devant. Mes si un Seigniour encroach sur lauter, & ne voile faire Perambulation, donques le Seigniour issint grieve avera Brief vers lauter, que est appelle de Rationalibus divisis.
Perjury.
PErjury est ū corrupt ou voluntary faux serement done en Chancery ou en Evidence al Enquest sur tryal [...] un issue al Common ley. Vide Stat. 5 El. cap. 9.
Perinde valere.
PErinde valere est ū terme que appent al ley Ecclesiastical, & signifie un Dispēsation graunt al ū Clerk, que nesteant capable [...] un Benefice ou auter Ecclesiastical Function est de facto a ceo admit. Et avoit cest appellation des parols que sont l' faculty cy effectual al party, sicōe il fuit actualment capable del chose pur que il ad son Dispensation al temps de son admittance.
Pernor de Profits.
PErnor de Profits est il que pren [...] les Profits. Pernor de profits & Cestuy que use est tout mesme, Coke, lib. 1. Casu Chudley, fol. 123.
Mes un poit. ēe pernor, &c. & non cestuy q̄ use per title mes per Covyn, quel veies Coke 5. 77, 78. Co. Ent. 698. 2 Leo. rep. 16. 2 Anderson. 25. Stat. 11. H. 6. 3.
Perpetuity.
PErpetuity est use en Ley ou un estate est issint design destre settle en tall, &c. q̄ ceo ne poet ēe defait ou anient. Quel le state Angleterr ne poit porter, come est dit in fine casus, Moo. rep. 809, 810. Cok. 1. 84. 130. Co. 6. 40. & lib. 8. 90.
Per quae servitia.
PEr quae servitia est un Brief judicial, q̄ issuist del Note [...] un Fine; & gist pur l'Conusee d'un Man̄or ou Seigniory, pur compel cestuy que est Tenant del Terre al tēps del Fine levy p̄ attourne a luy. Et de cest Brief veies Vieux N. B. fol. 170. a.
Perquisites.
PErquisites sont Advantages & Profits queux vient al un Man̄or ꝑ casualty, & non annuelment; come Escheats, Harriots, Reliefes, Walfes, Estrayes, Forfeitures, Amerciam̄ts ē Courts, Biēs & Terres purchase ꝑ Villeins de m̄ l' Man̄or, Fine del Copiholds, & divers semblables choses queux ne sont certaine, mes happe per chance, ascun temps pluis often que a auter temps. Vide Perkins fol. 20 & 21.
Personalty.
PErsonalty: come le Action est ē Personalty, cest ascavoir, port envers le droit ꝑson, ou le person envers q̄l en Ley il gist.
Petit Cape.
PEtit Cape est un Brief q̄ gist quant ascun Action Real, cestascavoire, de Plee de Terre, est port, & le Tenant appeare, & puis fait Default; donques issera cest Petit Cape, de seiser les Terr̄s in maines le Roy. Mes sil ne apper' al primer Sum̄ons, donques issera un Graund Cape; & pur tiel Default le Tenaunt perdra la Terre. Mes sil gage son Ley de Non-summons, ile saver son Default, & donques il poit pleade ovesque le Demandant. Et in Graund Cape, le Tenant serra summon pur responder al Default, & ouster al Demandant: Mes en Petit Cape il serra summon pur responder al Default solement, & nemy al Demandant. Et est appelle Petit Cape, pur ceo que il ad minus en cel Brief que en lauter.
Pettybag.
PEttybag est un Office en le Court de Chancery pur suits, pur & envers les Attornies & Officers de cel Court. Et pur process & proceedings ꝑ extents sur Statutes & Recognisances: Ad quod damnum, &c. Parva baga dicitur.
Petit Serjeantie.
TEner ꝑ Petit Serjeantie est sicome un home tiēt de Roy Terres ou Tenemēts, rendant a luy un Cuttel, un Escue, un Setr', un Arc sans cord, ou aut' semb' Service, a la volunt le primer Feoffor; & la nappent Gard, Marriage ne Relief. Et nota, que hom̄ ne poit tener per Grand Serjeantie ne per Petit Serjeantie, si non del Roy. Veies le Stat. 12. Car. 2. cap. 24.
Piccage.
PIccage (Piccagium) est le payment des deniers, ou les deniers paies pur le infriender del soile p̄ erecter Tents ou Settles en Faires.
Picle ou Pitle.
PIcle ou Pitle, semb' de ven̄ del Italian Piccolo, Parvus, & signifie oves (que) nous un Petit Close ou Inclosure.
Pillory.
PIllory est ū Engine [...] l penance ordein̄ ꝑ le statute de 51 H. 3. p̄ le punishm̄t des Pistors; mes a ore use p̄ plusors auters Offendors. Et est appel en Latine Collistrigium.
Pipowders.
PIpowders est un Court que est incident a chesc' Fair̄, p̄ le determination de differences sur cōtract & routs disorders en c̄ commise. Veies pluis de ceo Cromp. Jurisd. fol. 229. Coke. lib. 10. fol. 73.
Piscary.
PIscary est un Liberty del Pischer en le ewe [...] un auter, ou de soy mesme.
Placard.
PLacard est un parol use en les Statutes de 33 H. 8. cap. 6. & 2 & 3 M. cap. 9. & signifie un Licence pur user illoyal Games, ou de shooter en un Bombarde.
Plaintiff.
PLaintiff est celuy que sue ou complain en un Assise, ou en un Action Personal, come en un Action de Det, Trespas, Disceit & Detinue, & tiels semblables.
Pledges.
PLedges sont Sureties [...] real ou formal queux le Plaintiff trove a prosecuter son suit.
Pleading.
PLeadings sont touts Acts del Parties al Suits apres le Count ou Declaration; nosemement ceo que est containe en le Barr, Replicat', & Rejoyn [...] , & non ceo conteiū en le Count m̄: & p̄ ceo Defaults ē le matt' del Coūt ne sont comprise deins Mispleading, ou insufficient Pleading, ne sont remedie per le Statute de Jeosailes, 32 H. 8. mes sole [...] t ceo mispleading ou insufficient Pleading commit en le Barre, Replication, & Rejoynder, sont la provide. Mes veies ceux auxy ore remedies per le Statute 18 Eliz. cap. 13.
Plenartie.
PLenartie est qn̄t un Benefice est plene, directm̄t opposite al Vacation, q̄ signifie l' avoidance [...] ' un Benefice. Stamf. Prerog cap. 8. fol. 32.
Plevyn, See Replevyu.
Pluralities.
PLuralties sont ou Vicar ou Rector avoit deux ou plusors Ecclesiastical Benefices pur [...] quel vide Statute, 21 H. 8. cap. 13.
Policy del Assurance.
POlicy del Assurance est un course prise ꝑ Merchants pur l' assurer des lour Advētures sur le Mer, ꝑ doner un certain proportion ꝓ centum pur le securer del safe retourn̄ del Neife & tant des Merchandizes sur que est agree. Et de ceo poies lier ē le Statute de 43 Eliz. cap. 12.
Sur quel un Action gist al common Ley ou en le Court (ꝑ literes Patents le Roy) seant a le Royal Exchange en Londre, les Judges de quel sont Civilians, Common Lawyers & Merchants.
Pone.
POne est un Brief per que un Case q̄ depend en le County-Court est remove en le Commen Plees. Veies pur ceo Veil. N. B. fol. 2. a.
Pontage.
POntage est un parol mention en divers Statutes: com̄ ē Westm. 1 cap. 25. 1 H. 8. cap. 9. & 39 Eliz. cap. 24. & signifie asc' soits le Contribution collect pur le Reparation dun Pont; ascun foits le Tolle pay per passengers a ceo purpose.
Portgreve, Veies Viscount,
Portmoot.
POrtmoot est un parol use en le Statute de 43 Eliz. c. 15. & signifie un Court tenus en un Port-ville.
Possessio Fratris.
POssessio Fratris, est ou un home ad fits & file per un venter, & un fits per auter venter, & morust, le primer fits enter & devy sans Issue, la file avera la terr' cōe heire a son frere coment q̄ le second fits est heir a son pere. Litt. Sect. 8.
Possession.
POssession est deux voies; ou actual, ou en Ley.
Actual Possession est, quāt un home enter en fait en Terres ou Tenements a luy discende, ou auterment.
Possession en Ley est, quant Terres ou Tenements sōt discende al un home, & il nad uncore realment, actualment, & en fait enter en eux. Et il est appell' Possession en Ley, pur ceo que en le oiel & consideration del Ley il est pense destr̄ en Possession, entant que il est Tenant a chescun Actiō que asc' voit suer concernant mesm̄s les Tr̄es ou Tenem̄ts.
Post diem.
POst diem est le Returne d' un Brief apres le jour assign p̄ le Returne de ceo.
Postdisseisin.
POstdisseisin. Vide de ceo devant en le Title Assise.
Postea.
POstea est le Record des ꝓceedings sur un Trial per un Brief de Nisi prius que est returne apres le Trial per le Judge devant que fuit trie en le Court lou l' Action primerment commence, daver Judgement la done sur le Verdict: & est appelle le Postea pur ceo que, &c.
Poundage.
POundage est un Subsidy al value de duodize deniers en le liver, q̄ est grant al Roy ꝑ chescun Merchant cy [...] iē Denizen cōe Alien, p̄ touts manners des Merchandizes exports & imports. Et des tiels Subsidies veies le Statutes de 1 & 2 E. 6. c. 13. & 1 Jac. c. 33. & 14 Car. 2. c. 24.
Auxi ꝑ le Statute de 29 El. cap. 4. chescun Viscount est allow poundage p̄ levier Debt ou Damages ꝑ Execution.
Pounds.
POunds sont en deux sorts; lun Pound overt, le auter Pound close.
Pound overt est chescun lieu en que un Distresse est mis, soit ceo common Pound, ou Back-side, Court, Yard, Pasture, ou auterment quecun (que) lou le owner del Distresse poit vener a doner eux viand, sans offence pur lour esteant la, ou son vener la.
Pound close est tiel lieu lou le owner del Distresse ne poit vener a doner eux viand sans offence; come en un Close meason, ou quecunque auter lieu.
Preamble.
PReamble ad son nosme de le Preposition ( prae) devant, & le verb ( ambulo) pur vaer; issint joynt ensemble, ils sont un compound verb ( praeambulo) p̄ vaer devant; & de ceo le primer ꝑt ou cōmencement de un Act est appelle le Preamble de le Act, le quel est un cliffe de overer les ments del feasors del Act, & les mischiefs que ils entende de remedie per ceo. Come p̄ example, le Statute fait al Westm. le primer, le 37 cap. que doū Attaint, le Preamble de q̄ est issint: Pur ceo que ascuns gents de la Terre doutant meins faux Serement fair̄, (que) [Page 545] faite ne duissent, per que multes des gents sont disherites, & perdent lour droir Purvey, &c.
Prebend & Prebendary.
PRebend & Prebendary sont parols piusors soits uses en nr̄e Livres, & ils veignont del Latine ( Praebeo) Prebend est ceo part ou portion que chescun member ou Canon dun Cathedral Esglise receive en le droit son lieu pur son maintenance: & Prebendary est cestuy q̄ avoit tiel Prebend.
Praecipe ou Praecipe in capite.
PRecipe in capite est un Brief que gist lou le Tenant tient del Roy en chiefe come de sa Corone, & il est deforce, cest adire, ouste de son Terre; donques il avera cest Brief, & il serra Close, & serra plede en le Common Banke.
Auxy si ascun Tenant que tient de ascun Seignior soit deforce, luy covient suer Brief de Droit Patent, que serra determine en le Court le Seignior. Mes fi le Terre soit tenus del Roy, le Brief de Droit Patent serra port al Court le Roy: & cest Brief poit estre remove de la Court de Seignior en le Countie per un Tolt, & de le Countie [Page 546] en Common Banke per un Pone. Ideo veies devant Titulo Droit.
Praecipe.
PRaecipe sont de divers sorts, Quod reddat terras, come dower, formedon, &c. debitum, bona & catalla. Quod teneat conventionem, Quod faciat sectam ad molendinum, Quod permittat, &c.
Preignotary.
PReignotary est compound des deux parol' Latinois (prae & Notarius;) & est use en nostre Ley pur le chief Clerks des Courts le Roy, dont la est un ē Bank le Roy, & trois en le Common Bank, Cestuy en Bank le Roy record touts Actions Civils sues en ceo Court: & ceux [...] l Common Banke inrolle touts Declarations, Pleadings & Judgments, & font hors touts judicial Briefs, ils inrolle touts Fines & Recognisances, & exemplifiont touts Records m̄ le Term̄ devant (que) les Rolles sont ball hors de lour malūs. En 15 E. 4. 26 b. cest Officer est appel Praesignator: Et un des trois ē Common Bank, Praesignator pauperum.
Praemunire.
PRaemunire est un Brief q̄ gist lou ascun home sue ascun auter ē Court Christian pur ascun chose que est determinable en le Court le Roy; ꝑ quel grand punishment est ordain per pleuseurs Statutes; cestascavoire, que il serra hors de protection le Roy, & mis en prison sans Baile ou Mainprise, tanque il ad fait Fine al volunt le Roy, & que ses Terres & chateux serront forfeits si il ne veigne deins deux mois. Et son Provisors, Procurators, Attornies, Executors, Notaries, & Maintainers, serront punish en mesme le manner. Ideo vide Statutum.
Auxy ascuns diont, que si un Clerke sue auter home en Court de Rome pur chose Spiritual, lou il poit aver remedie deins cest Realme en Court son Ordinarie, que il serra en le case de le Statute.
Et sur divers aut's offences est impose, ꝑ Statutes depuis fait, le penaltie (que) eux incurre queux fueront attaints en Praemunire: Come per 13 El. cap. 8. ceux que aidont a fair̄ corrupt Bargain, sur que Usurie [Page 548] est reserve ouster 10 l. en le Hundred pur l'an &c.
Prender.
PRender est Potestas aut jus quicquid accipiendi antequam offertur; a Francois prendre, i. accipere.
Prescription.
PRescription est, quant un person claime asc' chose, pur ceo que il, ses Ancestors ou Predecessors, ou eux que Estate il ad, ont ew ou use ceo dont nul memorie curt al contrary.
Mes un ne poit p̄scribe encounter un Statute, si non que il ad auter Statute que serve pur luy.
Presentment.
PResentment est aequivocum. L'un est al Esglise: comēt quant ascun home ad droit a doner ascun Benefice Spiritual, & nosme le ꝑson al Evesque a (que) il voet le doner, & fait un Letter al Evesque pur luy, ceo est un Presentation ou Presentment. Si divers Coheirs ne poyent accorder en Presentment, le Presentee de l'eigne serra admitte. Mes si Joyntenants & Tenants en common ne accordant deins les size moys, l'Evesque presentera per laps.
L'auter est un Presentment [Page 549] ou Information ꝑ ascun Jurie en un Court, devant asc' Officer la q̄ ad authorite de punisher asc' offence fait contrarie al Ley.
Pretensed Droit ou Title.
PRetensed Droit ou Title est, lou un est en possession de Terres ou Tenements, & un auter que est hors claime ceo, ou sue pur ceo: ore le pretensed Droit ou Title est dit en luy que issent sue ou claime. Et si il pluis vient a le possession, son Droit ou Title est annexe al Terre & possession, & nient donque appel Droit.
Primer Seisin.
PRimer Seisin est use en le Cōmon Ley p̄ un branch del Prerogative le Roy, ꝑ que il ad le Prim̄ possession, cestascavoir̄, les intire Profits p̄ un an des touts les Terres & Tenements dont son Tenant ( (que) tenus de luy ē chief) morust seisie en son Demesne cōe de Fee, son Heire adon (que) esteant [...] plein age: & c' le Roy prist en lieu des intire Profits queux il poit p̄nder, sil voit, tanques Liverie soit sue, ou al meins tender. Prerog Reg. c. 3. & Stanf. f. 11. B. Veies le Stat. 12 Car. 2. c 24.
Prisage.
PRisage est ceo part ou portion que appertein al Roy hors des tiel Merchandises queux sont prises al Mer ꝑ voy le loyal Prise Et cest parol vous trovers en le Statute 31 Eliz. c. 5.
Prisage des Vins.
PRisage des Vins, mention ē le Stat. 1 H. 8. c. 5. est ū custome ꝑ que le Roy hors chesc' Barke lade ove Vine, south 40 Tun, claime d' aver deux Tun a son prise demesne.
Privie, ou Privities.
PRivie ou Privities est, lou un Lease est fait a tener a volunt, p̄ ans, p̄ vie, ou un Feoffment en fee, & en divers auters cases; ore ꝑ cause [...] ceo (que) a [...] passe ꝑenter ceux parties, ils sont appellus Privies, en respect de strangers, ꝑenter queux nul tiel conveyances ad estre.
Auxy si soit Seignior & Tenant, & le Tenant tient del Seignior per certaine Service, il y ad un Privitie perenter eux, ꝑ cause [...] Tenure: & si le Tenant soit disseise ꝑ un estranger, il ad nul Privitie perenter le Disseisor & le Seignior, mes le Privitie uncore demurt perenter le Seignior & le Tenant que est [Page 551] disseisie, & le Seignior avowra sur luy, p̄ ceo (que) il est son Tenant en droit, & en le judgment del Ley.
Privies sont en divers sorts, come nosment, Privies en Estate, Privies en Fait, Privies en Ley, Privies en Droit, & Privies en Sanke.
Privies en Estate est, lou un Lease est fait del Mannor de Dale, al A p̄ vie, le Remaind' al B en see; la & A & B sont Privies en Estate, car lour Estates fuer̄ faits ambideux al un temps.
Et issint est en le prim̄ case cy, ou un Lease est fait al volunt, pur vie, ou ans, ou un Feoffment en fee, les Lessees ou Feoffees sōt appels Privies en Estate, & issint sont lour Heirs, &c.
Privies en Fait est, lou un Lease est fait pur vie, & ap̄s ꝑ un auter Fait le Reversion est grant al un stranger en fee▪ cest Grantee del Reversion est appel Privie en Fait, pur ceo que il ad le Reversion ꝑ Fait.
Privie en L [...] y est, lou il est Seignior & Tenant, le Tenant lessa le Tenancie p̄ vie, & morust sans Heir, & le Reversion escheat al Seignior; il est dit Privie en Ley, p̄ ceo que il nad son Estate solem̄t per le Ley, cest adire, per Escheat.
Privie en Droit est, lou un possesse d' un terme pur ans granta son Estate al un auter sur Condition, & fait ses Executors, [Page 552] & morust; ore ceux Executors sōt Privies en droit; car si le Condition soit enfreint, & ils entront en le Tr̄e, ils averont ceo ē le droit de lour Testator, & a son use.
Privie de Sanke est l' Heir de le Feoffor ou Donor, &c.
Item si un Fine soit levie, les Heires de celuy que levie le Fine sont appel Privies.
Privileges.
PRivileges sont Liberties & Franchises grant al un Office, Lieu, Ville, ou Mannor per le grand Charter del Roy, Letters Patents, ou Act de Parliamēt: cōe Toll, Sake, Socke, Infangtheefe, Outfangtheefe, Turne, Ordelf, & divers tielx, semblables; p̄ q̄ux veies en lour ꝓper Titles & lieus.
Auxi sont auters Privileges d'ont le Ley prist cognuzance cest ascavoir, les Privileges des Commons, & Peers del Parliament, & privileges des Attorneys & Officers des Courts a Westm. q̄ ils ne serront sue ou implead en auter Court, q̄ en ceux ou ils sont Artorneys ou Officers.
Procedendo.
PRocedendo est un Brief que gist lou ascun Action est sue en un Court, que est remove a un pluis hault, cōe al Chancerie, Banke le Roy, [Page 553] ou Common Banke, per Brief de Privilege ou Certiorari: & si le Defendant, sur le matter monstre, nad cause de Privilege, ou si le matter en le Bill sur (que) le Certiorari issu st ne soit bien prove, donques le Plaintiff avera cest Procedendo pur remaunder le matter al primer base Court, la destre determine.
Proces.
PRoces sont les Briefs & Precepts que issuont sur l'Original. Et en Actions real & personal sont divers sorts de Proces: Car en Actions real le Proces est Grand Cape d [...] vant Appearance: Ideo vide de ceo en le Title Petit Cape.
Mes en Actions personal come en Dette Trespasse, ou, Detinue, le Proces est ū Distresse: & si le Visc' return Nihil habet in Balliva, &c. donques le Proces est Alias Capias & Plures, & un Exigent; & ils sont appelles Capias ad respondendum. Auxy le Exigent serra cinque soits ꝓclaime; & si le partie n' appeare, il serra utlage. Mes en divers Actions sont divers manners de Proces, que est pluis alarge declare en N. B.
Auxy sont divers auters Proces apres Appearance, quant les ꝑ [...] ies sont al issue, pur faire l'Enquest appearer: come un Venire facias; & sils ne appearont al jour, donques [Page 554] un Briefe de Habeas corpora Jurat' & apres un Brief de Distringas Jurat'.
Auxy sont divers auters Proces apres Judgm̄t; come Capias ad satisfaciendum, & Capias utlagatum, &c.
Capias ad satisfaciendum gist lou home est condemne en ascun Det ou Dammages donques il serra arrest per cest Brief, & mis en prison sans Bail ou Mainpr [...] se, tanque il ad pay le Det & les Dammages.
Capias utlagatum gist lou un est utlag [...] , donq's il serra prise per tiel Brief, & mis en prison sans Baile ou Mainprise, p̄ ceo que il ad fait contempt encounter le Ley.
Auxy sont auters Proces & Briefs judicials, come Capias ad valentiam, Fieri facias, Scire facias, & plusors auters: & ideo vide c'en lour Titles.
Prochein amy.
PRochein amy est communement prise pur Gardian en Soccage, & est lou un home seisie de Terres tenus en Socage morust, son issue deins age de 14 ans, donques le ꝓcheind' sank, a que les Tr̄es ne poient discender, avera le gard del Heire, & del Terre, al use solem̄t del Heire tanque il vient al age d' 14 an̄s; & donques le Heire poit enter, & luy ouste, & amesner luy de accompter: [Page 555] Mes en cest Accompt il avera allowance p̄ touts reasonable costs & expences bestow ou sur le Heire ou son Terre.
Le Prochein amy, ou prochein de sanke, a que le Inheritance ne poit discend, est issint destre entende: Si les Terres discenda al Heire de son Pere, ou ascun del sanke del part son Pere, donques l' Mere, ou aut' del part l'Mere, sont appelle ꝓchein de sanke, a q̄ le Inheritance ne poit discender; car devant que il issint discendra, il pluis tost escheater̄ al Sn̄r d' (que) il est ten̄.
Et lou les Terres vient al Heire de sa Mere, ou ascun del sa part, donque le Pere, ou auter del part son Pere; sont appelle le prochein de sanke, a que le Inheritance ne poit [...] iscend, mes pluis tost escheatr̄ al Seignior [...] que il est tenus.
Auterment Prochein Amy est celuy que appiert en ascun Court pur un Enfant que sue ascun Action, & que ayde le Enfant de pursuer son Suit: dont vide les Statutes de Westm. 1. c. c. 47. & Westm. 2. cap. 15. que un Enfant ne poit faire Attourney, mes le Court poit admitter le prochein amy pur le Plaintiff, & un Gardian pur le Enfant Defendant cōe son Attorney.
Proclamation.
PRoclamation est un Notice appertment done de ascū chose de que le Roy soi pleirot d' advertiser ses Subjects: issint il est An. 7. R. 2 c. 6.
Proclamation de Rebellion est un overt notice done ꝑ l' Officer, que un home nient apparent sur un Subpoena ou attachm̄t en le Chancery, serra repute destre un Rebel, sinon que il loy mesme render al jour assigne, Crompt. Jurisd. fol. 92.
Et est destre observe, que nul poit faire Proclamation mes ꝑ authoritie del Roy, ou Majors, & hujusmodi que ont privileges en Cities ou Boroughs de ceo faire, ou ont ceo use per custome. Et pur c' ou un Executor fist Proclamation en certain Marketvilles, (que) les Creditors veigneta, ꝑ certain jour, & claim & provera [...] our dets due per le Testator, & pur ceo que il ceo fist sans authority, il fuit commit al Fleet, & mise a un Fine. Broke Proclamation 10.
Procurator.
PRocurator est use pur luy (que) collige les Fruits de un Benefice pur un auter home. Anno 3 Ric. 2. Stat. 1. cap. 2.
Prohibition.
PRohibition est un Brief q̄ gist lou hōe est emplede en Court Christian de chose q̄ ne touch Matrimonie, ne Testam̄t, ne merem̄t Dismes, mes l' Coron̄ nostr̄ Seigniour le Roy. Cest Brief serra direct auxybien al ꝑtie, come al Judge, ou son Official, de eux prohibite q̄ ils ne pursue ouster. Mes si il appeare apres a les Judges temporal, que le matter est destre determine en l'Spiritual Court, & nemy en le Court Temporal, donque le party aver̄ un Br̄e de Consultation, commandant les Judges de le Court Spiritual de proceeder en la primer Plee.
Auxi sont mults auters prohibic̄ons sicome al Admiralty, & la ascun Court de Common ley s'ils exceed lour poiar.
Property.
PRoperty est le pluis halt Droit q̄ hōe ait ou poit aver al asc' chose, q̄ riens depēd sur l' courtesie dasc' auter home: Et ceo nulluy en cest Realm poit estre dit daver en ascun Terres ou Tenemēts, forsq̄ solem̄t le Roy ē le droit de son Corone, pur ceo que touts les Terres ꝑ le Realm sont en le nature de Fee, & tiendront mediatem̄t [Page 558] ou immediatem̄t del Coron̄. Cest parol nient obstant est ufe pur tiel droit ē Terres & Tanem̄ts q̄ cōmon ꝑsons ont en m̄. Et la sont trois man̄ers de droits de Property; cestascavoire, Property absolute, Property qualified, & Property possessory: De q̄x veies a large Cok. l. 3. Case de Swans, f. 17.
Proprietary.
PRoprietary est celuy q̄ ad ū Property en asc̄ chose: mes il est pluis cōmunement use pur luy que ad les Profits dun Benefice a luy & ses Heirs, ou a luy m̄ & ses Successors, cōe en tēps par devāt Abbots & Priors avolent.
Protection.
PRotection est un Brief q̄ gist lou home voit passer ouster le me in le service le Roy, donq̄s il avera cest Br̄ [...] e. & ꝑ cest Br̄ē il serra quite de touts manner des Pleas enter luy & ascun auter ꝑson, except Plees de Dower, Quere impedit, Assise de Novel disseisin, ultime praesentationis, & Attaints, & Plees devant Justices en Eyre. Mes sont deux Briefs de Protection; un cum clausula Volumus, & lauter cum clausula Nolumus, cōe appiert en le Register.
Mes Protection ne serra allow en ascun Plee commence devant le date de ceo, [Page 559] si ne soit en Voyages ou le Roy mesme passa, ou auters Voyages royals, ou en Messages le Roy pur besoignes de Realme. Protection ne serra allow pur Vitailes achates pur voyage dont le Protection fait mention, ne in Plees de Trespasse, ou de Contracts fait puis le date de mesme le Protection.
Nota, que ascun poit attacher ou commencer ascun Actiōn real vers cestuy q̄ayt tiel Protection, & en ceo proceder, tanque le Defendantveigne & monstre son protection en le Court, & ayt ceo allow, & donque son plee ou Suit serra mis ians jour. Mes si ap̄s il appierit que le party que ad le protection ne ala entour le besoigne pur que il ayt ceo, donq̄s le Demandant avēr un Repeal de ceo. Et sil va, & return apres le besoigne finie, le Deman [...] ant avera un Resummons de recontinue le former Suit.
Protection.
PRotestation est un form̄ d' Pleading, qn̄t ascun ne voit directm̄t affirmer, ne directment denier ascun chose q̄l est alledge ꝑpauter, ou que il m̄ alledge. Et est en deux manners. L'un est, qn̄t un pleade ascun chose que il ne ofast directment affirmer, ou ne poit pleader pur doubt de fair̄ son Plee double. Cōe si en conveying [Page 560] a luy Title a ascun Terre, il doit pleader divers Discents ꝑ divers ꝑsons, & il nosast affirmer que eux touts fueront seisies al tēps de lour mort, ou coment il ceo purroit, ceo serra double a plead deux Discents; de queux ambideux chescun per luy poit estre bone Barr. Donques le Defendant doit pleader & alledges le matter, enterlacing cest parol protestando, come adire, que tiel obiit ( protestando) seisie, &c. Et ceo est destr̄ alledge ꝑ Protestation, & nemy traversable ꝑ lauter. Auter Protestatiō est, qn̄t ū est de responder al deux choses, & tamen per le Ley il doit plead fors (que) al un; donq̄s en le primer ꝑt del Plee il dirra al un matter, protestando, & non cognoscendo cel matter estre voyer, & faire son Plee ouster ꝑ ceux parols, Sed pro placito dicit, &c. Et ceo est pur salvation al partie (que issint plead ꝑ Protestation) destre conclude ꝑ asc matter alledge ou object encounter luy, sur que il ne poit joyner issue; & fiest auter chose mes un exclusion del Conclusion; car il que prist Protestation exclud' laut' ꝑtie de cōcluder luy. Et cest Protestation doit estoyer ove le sequel del Plee, & nemy destr̄ repugnāt, ou auterment contrarie.
Provendry.
PRovendry ē l'esglise de Sarum est appel minor pars Altaris in ecclesia beatae Maria Sarum, 41 E. 3. 5. b.
Provision.
PRovision est use oves (que) nous com̄ est ē le Canon Ley, pur le provider dun Eves (que) ou auter Ecclesiastical person dun Ecclesiastial Benefice ꝑ le Pape devāt q̄l Incumbent de ceo soit mort; le grād abuse [...] q̄ appiert ꝑ pluseurs Statutes q̄ ont este faits en touts ages del temps E. 3. tanque le reigne H. 8. per le avoid' des tiels Provisions. Ra. Entr. Qua. Impedite Roy 17. 20.
Priviso.
PRoviso est un Cōdition ensert en asc' Fait, sur le ꝑformance de q̄ tout le vigour del Fait consista. Ascun foits il solem̄t est ū Covenāt de que veies Cok. lib. 2. en le Sn̄r Cromwels Case. Il ad aux' ū aut' significatiō ē choses judicial: cōe si le Plaintiff ou demandant delaya de ꝓsecuter un Actiō, & ne ceo port al Trial, don (que) le Defendant ou Tenant poit prender hors le Venire facias al Viscount, que ad ē ceo ceux parols, Proviso quod, &c. a cest [Page 562] fine, que si le Plaintiff prist hors ascun Br̄e a cel purpose, le Viscount ne garnera forsque un Jurie sur euk ambideux. Veies Vet. Nat. Br. en le Br̄e Nisi prius, fol. 159.
Provisors. Veies Praemunire.
Proxy. Procuratio.
PRoxy. Procuratio, est un payment al Evesque per un Religious meason p̄ ses charges de son visitac̄on de tiels measons, Davies rep. 2.
Purchase.
PUrch [...] se est le Possession q̄ ū hōe ad en Tr̄es ou Tenements ꝑ son act demesne, meanes, ou agreem̄t, & nemy ꝑ title de Discent [...] ascun de fes ancestors. Veies Littl. l. 1. c. 1.
Purlue.
PUrlue est tout cest Terre ꝓchein ascun Forrest, q̄ esteant fait Forrest ꝑ Henry le second, Richard l' printer, ou Joan le Roy, fuist ꝑ Perambulations grantus ꝑ Henry le tierce sever̄ arer̄ del mesm̄. Manwood part 2. de ses Forrest Leys, c. 20. Et semble, q̄ cest parol est fait ou de pouralle, ceo est, perambulare, ou purelieu, ceo est, purus locus, p̄ ceo que tiels Tr̄es queux fueront ꝑ ceux Roys subject [Page 563] al Leys & Ordinances del Forrest, sont jammes ciere & franke del mesme: Come les Civilians appel ceo purum locum, qui Sepulchrorum religioni non est obstructus; en meim̄ le man̄er e' puit estr̄ appeal pure lieu, p̄ ceo q̄ est exempt del servitude ou thraldom q̄ fuist par devant sur ceo impose.
Purlue home est cestuy que ad Tr̄es deins le Purlieu, & esteant able a dispender 40 soulz per l'an de Franktene. ment, est sur ceux deux choses licence de chaser en son Purlieu demesne. Manwood, part. 1. p. 151. & 177. Veies le Statute 1 Jac. 27.
Purpresture.
PUrpresture est un [...] arol derive de Franco [...] Pourpris, q̄ signifie de pre [...] der del auter, & p̄ approp [...] a luy mesme: & p̄ ceo un Purpresture ē un general sense est prise p̄ asc̄ tiel tort sait ꝑ un home al auter.
Purpresture en un Forrest est chescun Encrochment sur le Forrest le Roy, soit ceo per Edifier, Incloser ou ꝑ user d' ascun libertie ou privilege sans un loyal garrant issint faire. Et de ceo veies Manw. For. Leys, c. 10. f. 74. a.
Purveyors.
PUrveyors suer' auncient Offices a ꝓvider Victuals pur le Roy Quel office est menc̄on en Stat. 28 Ed. 1. cap. 2. & 36 Ed. 4. cap. 6. & 14 Ed. 3. cap. 19. Mes est aboly ꝑ Stat. 12 Car. 2. cap. 24.
Q.
Quadrantata terrae.
Quadrantata terrae est le quarte part d'un Acre.
Quae plura.
QUae plura est un Briefe que gist en case lou le Escheator ad trove un Office virtute officii apres le mort le Tenant le Roy, & nad trove touts les Tr̄es des queux il morust selsie, adōques cest Br̄e issera ē nature d'un Melius inquirendo, p̄ trover q̄ux Tr̄es il avoit plusors. Veies F. N. B. 255. a.
Quale jus.
QUale jus est un Brief q̄ gist lou ascun Abbot, Prior, ou tiels auters, averont Judgment de recover Tr̄e ꝑ le Default del Tenant vers q̄ le Terre est demaunde; don (que) devant judgment done, ou Execution agard, cest Br̄e isse ra al Escheator, p̄ enquirer quel droit il ad a recover: Et si soit trove que il nad droit, donques le Seignior q̄ duist aver le Terre le Tenant ust alien en Mortmain̄ poit enter come en Terre alien en Mortmaine, car cel perder ꝑ Default est semble a un Alienation. Vide le Statute de Westm. 2. c. 32.
Mes lou un voile doner Terres ad Meason de Religion, un Ad quod damnum issera al Escheator, pur enquirer de que value le Terre est, & quel prejudice il serra al Roy.
Quare ejecit infra terminum.
QUare ejecit infra terminum est un Br̄e que gist lou un fait Lease a un auter pur terme d' ans, & le Lessor enfeoffa un auter, & le Feoffee ousta le Termour; donques le Termour avera cest Brief vers le Feoffee. Mes si un auter estranger ouste le [Page 566] Termour, donques il avera Brief De ejectione firmae vers luy. Et en ceux deux Br̄es il recovera le terme & ses dammages.
Quare impedit.
QUare impedit est un Br̄e que gist lou jeo ay Advowson, & le Parson devie, & un auter present son Clerk, ou disturbe de presenter; donq̄s jeo avera le dit Brief. Mes Assise de darrein presentment gist lou jeo ou mon ancestors ount present devant. Et lou home poit aver Assise de darrein presentment, il poit aver un Quare impedit, mes nemy contrarie.
Auxy si l' Plee solt dependant enter deux parties, & ne soit discusse deins size moys, l' Eves (que) presentera per laps, & cestuy que ad droit de presenter recovera dammages, come appiert per le Statute de Westm. 2. c. 5. Et si cestuy que ad droit de presenter ap̄s le mort del Parson ne porta Quare impedit, ne Darreine presentment, mes suffer un estranger d'usurper sur luy, uncore il avera un Brief de Droit d' Advowson. Mes cest Brief ne gist si il ne claime [...] aver le Advowson a luy & ses heirs en Fee.
Quare incumbravit.
QUare incumbravit est un Brief que gist lour deux sont en Plee pur l' Advowson, & l' Evesque admit le Clerk d'un d'eux deins le size moys; donques il avera ceo Br̄e vers l' Evesque. Mes ceo Brief gist touts soits pendant le Plee.
Quare intrusit Matrimonio non satisfacto.
QUare intrusit Matrimonio non satisfacto est un Brief que gist lou le Seignior ꝓfera convenable Marriage a son Garde, & il refusa, & entra ē le Terre, & soy marry a un auter; donques le Seignior avera cest Brief vers luy.
Quare non admisit.
QUare non admisit est un Brief que gist lou home ad recover un Advowson, & il manda son convenable Clerke al Evesque pur admit, & l' Evesque ne voile luy receiver; donques il avera le dit Brief vers l' Evesque. Mes Brief de Ne admittas gist lou deux sont en Plee; si le Plaintiff suppose que l' Evesque voit admit le Clerk le Defendant, donques il poit aver cest Br̄e al Evesque, luy comman [...] ane [Page 568] que il ne luy admitte pendant le Plee.
Quarels.
QUarels est derive a Querendo, & extend non solem̄t al Actions cybien real come personal, mes auxy al Causes de Actions & Suits: issint que ꝑ Release de touts Quarels, non solement Actions dependant en Suit, mes Causes [...] Action & Suit auxy sont release; & Quarels, Controversies & Debates sōt Synonyma, & de un mesme signification. Coke, lib. 8. fol. 153.
Quarentine.
QUarentine est, lou home devie seisie [...] un Man̄or-place, & de auters Terres, dont sa Feme doit estre endow, donques la feme tiendra se en le Mannour-place, & la vive de le store & profits de ceo per quarant jours, deins quel temps sa Dower serra a luy assigne: come appiert en Magna Charta, cap. 6.
Que estate.
QUe estate est un Terme en pleading p̄ avoider prolixity, si come un plead un feoffment en see al A. Cujus quidem A. statum idem B. modo habet, & null poet ceo plead [Page 569] forsque Tenant dei fee, nec poit estree plead de choies queux passont merement ꝑ grant come Advowsons ou Franchises, &c.
Quid juris clamat.
QUid juris clamat est un Br̄e q̄ gist lou jeo graunt le Reversiō de mon Tenant a terme de vie ꝑ Fine en Court le Roy, & le Tenant ne voit atturner; donques le Grantee avera cest Br̄e p̄ luy chaser, Mes Brief de Quem redditum reddit gist lou jeo grant per Fine un Rent charge, ou auter Rent que nest Rent service, quel mon Tenant tient de moy, & le Tenant ne voit attorner; donques le Grantee avera cest Brief. Et Br̄e de Per quae servitia gist en semble case pur Rent service.
Auxy si jeo graunt iv. divers Rents a un home, & le Tenant de Terre attourna al Grauntee per payment de un denier, ou un maile, en nosme de Attournment de touts ceux Rents; cest Attournm̄t luy mittera en seisin de tout cest Rent. Mes ceux trois Briefs covient estr̄ port vers eux que sont Tenants a jour del Fine levie, & vers nul auters.
Quinzisme.
QUinzisme est un Payment grant en Parliem̄t al Roy les Layes gents, cestascavoir, l' quinzisme part de lour Biens: Et fuit use en ancient temps destre levie sur lour avers esteaunts en lour terres, que chose fuit mult troublous; & p̄ ceo a ore pur le pluis part cest voy est alter, & ils use de levie ceo per le Verge ou Acre, ou auter measure de Terre; per reason de que il est a ore meins troublous & plus certain q̄ devant, & chesc̄ Ville & Pays scient q̄l summe est destre pay perenter eux, & comment ceo serra raise. Nous legemus que Moses fuit le pri [...] et q̄ number le people, car il number les Israelites; & pur c̄ le primer Tax, Subsidie, Tribute, ou Quinzisme, fuit invent per luy enter les Hebrews, come Polydore Virgil suppose.
Quit claim.
QUit claim est ū Release ou Acquitting d un hōe p̄ asc [...] n Action q̄ il ou poit aver envers luy. Bracton l. 5. tract. 5. ca. 9. nu. 9.
Quo jure.
QUo jure est un Brief que gist lou home ad ewe Common de Pasture en auter Several deins le tēps de memorie; donques celuy a que appertient l' Several avera cest Brief, a charge luy de monstrer ꝑ quel Title il claim le Common.
Quo minus.
QUo minus est un Br̄e que gist lou home ad grant a un auter Housebote & Heybote en son boys, & le Grantor fait tiel Wast & destruction que le Grantee ne poit aver sō reasonable Estovers; don (que) l'Grātee avera le avant dit Brief, que est en natura de Brief de Wast.
Et nota que Housebote est certain Estovers pur amender le Meason; & Heybote est certain Estovers p̄ amender Heyes & Hedges.
Est auter Brief appelle Qu [...] minus en l' Exchequer, quel ascun Termour ou Dettour al Roy avera vers ascun auter pur Debt ou Trespasse en le Exchequer Office appelle le Common Pleas, pur que le Plaintiff surmittera, que pur le tort que le Defendant fait a luy, il est meynes able a payer le Roy son Dett ou Terme; quel est surmise a doner Jurisdiction al [Page 572] Court d' Exchequer d' oyer a terminer la cause del Suit enter eux, quel auterment serroit determine en auter Court.
Quo warranto.
QUo warranto est un Brief q̄ gist lou home usurpe daver aseun Franchise sut le Roy; donques le Roy avera cest Brief, de faire luy vener devant ces Justices, pur monstre per quel Title il claime tiel Franchise.
Quod ei deforceat.
QUod ei deforceat est ū Br̄e que gist lou Tenant en Tail, Tenant en Dower, ou Tenant a Vie perde ꝑ Default en ascun Action; dōques cestuy avera cest Brief vers celuy que recovera, ou vers son Heire, si il entende que il avoit melior droit q̄ i [...] q̄ recovera. Veies l' Stat. West. 2. c. 4.
Quod permittat.
QUod permittat est un Brief q̄ gist lou home est disseise de son Common de Pasture, & l' Disseisor alien ou devie seisie, & son Heire entr̄; donques si l' Disseisee devie, son Heire avera cest Brief.
R.
Ran.
RAn significat tam apertam Rapinam, quae negari non potest. Lamb. Arch. fol 125.
Ranger.
RAnger venust del parol Francois Range, (id est Ordo, vel Series) & signifie un Officer del Forrest (que) est appoint se pourmen [...] r chesc' jour ꝑ le purlieu dont il est le Ranger, pur rechaser les Feres hors ceo en le Forrest arrere; de veier, oyer & enquire des Offenders la, & de presenter lour Offences. Veies Manw. cap. 20. fol. 185. &c.
Ransome.
RAnsome signifie properment ceo Summe que est pay pur le Redemption dun q̄ est pr [...] se captive en guerre, Mes est auxy use use pur un Summe des deniers paye pur le pardoner dascun grand Offence; come en le Statute de 1 H. 4. cap. 7. & en auters Stat. Fine & Ransome alants insemble; 23 H. 8. cap. 3. & aylors.
Rape.
RApe ad deux significations: Le primer est quant il est prise p̄ le part del County; come Southsex est divide en size parts, que ꝑ un peculiar nōe sont appel' Rapes, Cambd. Britan. p. 225 & ceux parts en auters pays so [...] t app' Hundreds, Tythings, Lath 5, ou Wapentakes.
En laut' sense il est l' violēt Conusance dū [...] ēe encount' sa volunt: & cest offence est Eelōie, cybiē ē l Principal cōe ē les Accessories. V. 11 H. 4. c. 13. 1 Ed 4. c. 1. Westm. 2. c. 13. Cromptons Just. de Peace, f. 43, 44.
Rationabili parte bonorum.
RAtsonabili parte bonorum est ū Br̄e (que) gist p̄ ū Feme vers les Executors sa baron, [Page 575] daver le tierce part de ses beins apres Detts payes & Funeral Expences discharge. Mes si cest Brief gisera al Common Ley, ou solem̄t per le Custom dascun Pais, est un question en nostre Livres. Veies F. N. B. 122. L.
Rationabilibus divisis.
RAtionabilibus divisis est un Brief que gist lou sont deux Seigniories en divers Villes, & un pres de auter, & ascun parcel de un Sn̄rie, ou de Wast, ad este encroche ꝑ petits parcele; donques celuy Seignior de que le parcel de Terre ou le Wast ad este encroche avert cest Brief envers le Seignior que ad issint encroche.
Ravishment de Gard.
RAvishment de Gard est un Brief que gist pur le Gardian en Chivalry, ou Soccage, vers cestuy que prist de luy le corps son Gard. Et de c' veies F. N. B. fol. 140. E. &c.
Rebutter.
REbutter est, quant un per Fait ou Fine grant d' garranter ascun Terre ou Hereditamēt a un auter, & cestuy que fist le Garrantie, oy son Heir̄, sua celuy a (que) le Garrantie est fait, ou son Heire, ou Assignee: [Page 576] guee: si celuy que issint sue pleade le dit Falt ou Fine ove Garrantie, & demand Judgement, si le Plaintiff serra receive a demander le chose que il doit garrant', enconter cel Garrantie, per le Fait ou Fine avant dit, compernant tiel Garrantie, tiel Pleader en Garrantie est appelle un Rebutter.
Cest paroll est auxi un denomination d'un Plea q̄ succeed le plea appel surrejoinder, & puis le Rebutter succeed Surrebutter. Queux veies Cokes Entries, fol. 284.
Recaption.
REcaption est un second Distresse dun que fuit auterfoits distrein devant p̄ m̄ le cause, & c' durant le Plea ground sur le former Distresse. Est auxy le nosme del Brief ou Remedy que le Ley don̄ p̄ cestuy q' est issint deux foits distrein p̄ ū chose: le form̄ & use [...] q̄l Br' poies veier en F. N. B. f. 71. E. &c.
Recluse.
REcluse est cestuy que ꝑ le reason de son Order en Religion ne poit mover ou departer hors de son Meason ou Cloister. Et dun tiel, Littleton parle sect. 434.
Recognizance.
REcognizance est un Obligation fait devant un Master del Court de Chauncery pur un Debt, ou a performer Covenants, ou uu Order ou Decree del Court sur q̄ un Elegit issue si les conditions ne sont ꝑforme, mes nul Capias sur ceo gist versus le cognisor ou ses Executors. Quaere & vide 2 Len. 84.
Recordare.
REcordare est un Brief direct al Viscount, p̄ remover un Cause hors dū inferior Court, com̄ Court [...] l Anciēt dēesne, Hūdred Court, ou County Court, en Bank le Roy, ou Common Bank. Et de c'veies F. N. B. f. 70. B.
Record.
REcord est un Esctipt en Parchment, ou sont enroll Pleas de Terre, ou Common Pleas, Faits, ou Criminal Proceedings en ascun Court de Record; mes en Courts nient de Record come Admiraltie, Courts Christian, Courts Baron, &c. lour Registrie de procedure ne sont ꝓprement dits Records: Mes Courts de Ley teign ꝑ Grant [...] l Roy sōt Courts de Record.
Recovery.
REcovery est commenm̄t intend un common Recocovery ꝑ assent des parties a docker un Entaile, & est foundue sur un Brief [...] entry Auxi chescun judgment est recovery ꝑ les parols Ideo consideratum est quod recuperet.
Recusants.
REcusants sont touts ceux queux separate de l'Esglise & congregac̄on ꝑ Ley & Statutes establies en cest Roialm de q̄l opinion ou sect lis sont, come touts Judges ont ceo expound suꝑ Statute 35 El. cap. 1. & divers auters Stat.
Redisseisin.
REdisseisin. Veies de ceo devant en le Title de Assise.
Reextent.
REextent est un second Extent fait sur Terres ou Tenements, sur complaint fait que le prieur Extent fuit partialment performe Broke, tit. Extent. fol. 313.
Regarder.
REgarder venust del Francois Regardeur, (i. e. Spectator) & signifie un Officer del Forrest le Roy, jure de prender le regard del Vert & Venison, & de veier & inquire des touts Offences cō mises deins le Forrest, & des touts les cōcealm̄ts [...] eux; & si touts les Officers del Forrest bien executōt lour Offices ou nemy. Veies Manw. For. Leys. c. 21. f. 191. b.
Regrator.
REgrator est ce uy que ad Blees, Victuals, on auters choses sufficient pur son necessary ops ou expences, & nient obstant engress & achate en ses mains plus Blees, Victuals, ou auters tielx choses, al entent de ven [...] c̄ arere al un pluis hault & chare price, en Faires, Markets, ou tiels semblable lieux: de que veies le Stat. 5 E. 6. cap. 14. Il serra punie come Forestaller.
Rejoynder.
REjoynder est, qn̄t le Defendant fait respons al Replication del Plainriff.
Et chescun Rejoynder doit aver ceux deux properties specialment: cestaseavoire, il doit estre sufficient Respons [Page 580] ad Replication, & de subsequent & ēforce le matter del Barr.
Relation.
RElation est, lou, en consideration del Ley, deux temps ou auters choses sont consideres tielment come si fueront tout un, & per ceo le chose subsequent est dit de prendr' son force per relation al temps precedent': Sicome un deliver un Escript al un destre deliver al auter, come Fait cestuy q̄ ceo deliver, qn̄t lauter, a que serroit deliver, ad pay ascun summe de money; ore quant le money est pay, & l' Escript deliver, ceo serra repute come Fait cestuy q̄ ceo delivera al temps quant fuit primes delivera. Issint Petitions de Parliament, as q̄x le Roy assent al darrein̄ jout đ Parliam̄t, averōt relation & prendront lour force del prim̄ jour del commencem̄t đl Parliament Et issint est divers auters choses semblables.
Release.
RElease est le Done on Discharge del Droit ou Action q̄ ascun eyt ou claime envers auter, ou son Terre.
Et un Release de Droit est cōmunemēt fait qn̄t un fesoit ū fait a ū auter ꝑ ceux ou tiels parolx, Remisisse, relaxasse, & [Page 581] omnino pro me & Hered' meis quiet' clamasse A. B. totum jus meum quod habui, habeo, seu quovismodo in f [...] turo habere potero, in uno Messuagio, &c. Mes ceux parols ( quovismodo habere potero [...]) sont voids: Car si le Pere soit disseisie, & le Fits release ꝑ son Fait sans Garrantie tout son droit, ꝑ ceux ꝑols ( quovismodo in fut. habere potero, &c.) & le Pere morust; le Fits poit loyalment enter sur le possess. le Disseisor.
Auxy en un Release de Droit il covient que il a que le Release est fait ad un Frank [...] enement ou Possession en les Terres en Fait ou en Ley, ou un Reversion al temps del Release fait; car sil ad riens en le Terre al temps del Release fait, le Release ne serra a luy availeable. Veies pluis de ceo. Littl. lib. 3. cap. 8.
Relicta verificatione.
RElicta verificatione est quant un Defendant ad plead, & l' issue est enter de record. Et puis ceo le Defendant relicta verificatione (que est son plea) cognoscit actionem, & sur ceo Judgment est enter pur le Plaintiff.
Relief.
RElief est ascun foits un certaine summ de money que l'Heir payera la Sn̄r [...] que ceux Terres sont tenus, queux apres le decease de son Ancestor sont a luy discende come prochein̄ Heir. Ascun foits il est le Paym̄t d' ū auter chose, & nemy money. Et pur ceo Relief nest certain & semblable pur touts Tenures, mes chescun sundry Tenure ad (pur le pluis part) son special Relief certain en luy mesme. Ne (que) est c̄ destre paye touts foits al un certain age, mes il varie accordant al Tenure.
Come si le Tenant ad terr [...] tenus per Service de Chivaler, (forspris grand Serjeantle) & morust, son Heire esteant de pleine age, & tient ses Terres per le Service de un entier Fee de Chivaler, le Seignior de que ceux Terres sont issint renus avera del Heire C s. nomine Relevii: & si il tient per meins q̄ un Fee de Chivaler, il payera meins, & si pluis, donques pluis; aiant respect touts foits al rate p̄ chesc' Fee de Chivaler un cent soulz. Et si tient ꝑ grand Serjeantie, (que est touts foits del Roy, & est auxy Service de Chivaler) donq̄s le Relief serra le value del Terre per an, preter touts charges issuant hors de c'. Et si l' Terre soit tenus en [Page 583] Petit Serjeantie ou ē Socage' donques p̄ le Relief le Heire payera al un foits tāt que il doit payera an̄uelment p̄ son Service; q̄ est cōmunement appelle le Doubling [...] l Rent.
Auxy si un home tient del Roy en chief, & des auters Sn̄rs, le Roy avera le Garde de touts les Terres, & le Heir̄ payera Relief a touts les Seigniours a son plein age: mes les Seigniours suera al Roy ꝑ petition, & avera le Rent pur le temps que le Enfant fuit en Gard.
Mes veies ore que per le Statute de 2 E. 6. cap. 8. les mesne Sn̄rs ne sont mises a lour Petition, mes averont touts les Rents as eux payes per les Officers le Roy sur request annuelment durant le possession le Roy.
Et nota, q̄ touts foits qn̄t le Relief est due, il doit estre pay al un entier payment, & nemy per parts, nient obstant que le Rent soit destre payer al several Feasts. Veies le Statute 12 Car. 2. cap. 24.
Remainder.
REmainder de Terre est l' Terre que remainera apres le particular Estate determine: Come si un grant Terre p̄ terme de ans, ou p̄ vie, le remainder al J. S. cest adire, quant le Lease p̄ ans est determin̄, ou le Lessee pur vie est mort, donques le [Page 584] Terre remainera ou abide ove, al, ou en J. S. Veies Reversion.
Remembrancer del Eschequer.
REmembrancer del Eschequer: la sont trois Officers ou Clerks la appel per tiel nosme; l' un est appelle Remembrancer del Roy, l' auter del Seignior Treasurer, & le tierce del Primer fruicts.
Le Remembrancer del Roy enter en son Office touts Recognisances pur les Dets le Roy, Apparances, & pur observer Orders: auxy il prist touts Obligations pur ascun des Dets le Roy, pur Apparances, & observances d' Orders, & fist Proces sur eux p̄ le enfreinder de eux.
Le Remembrancer del Seignior Treasurer fist Proces vers touts Viscounts, Escheators, Receivers, & Bailifes pur lour Accounts; il fist le Proces de Fieri facias, & Extent pur ascun Dets due al Roy, ou en le Pipe, ou ove les Auditors: & il fist Proces pur tout tiel Revenue que est due al Roy per reason de ses Tenures.
Le Remembrancer de les Primer fruicts prist touts Compositions p̄ Primer fruicts & Dismes, & fait Proces envers ceux q̄ ne pas paya m̄. De ceux Officers veies pluis ē Da. [Page 585] Livre del Office & Authoritie de Viscounts, f. 186.
Remitter.
REmitter est, quant un home ad deux Titles a ascun Terre, & il vient al Terre ꝑ le darreine Title; uncore il serra adjudge ein s per force de son pluis eigne Title, & ceo serra dit a luy ū Remitter. Come si Tenant ē le taile discontinua le Taile, & puis disseisie son Discontinuee, & morust ent selsie, & les Terres discendont a son issue ou Cosin enheritable ꝑ force del Taile; en ceo case il est ē son Remitter, cestascavoir, seisie del ꝑ force del Tail, & le Title del Discontinuee est ousterment anient & defete. Et le reason & cause de tiel Remitter est, p̄ ceo q̄ tiel Heire est Tenant del Tr̄e, & nest ascun ꝑson Tenant vers que il poit suer son Brief de Formedon p̄ recover l' Estate taile: car il ne puit aver Action vers luy mesme.
Auxy si Tenant en le taile enseoffa son Fitz ou Heire apparent q̄ est deins age, & puis devie: ceo est ū Remitter al Heire, mes si il fuit [...] plein age al temps de tiel Feoffm̄t, il nest Remitter, p̄ c̄ q̄ il fuit son follie, q̄ il esteant [...] plein age voile p̄nder tiel Feoffm̄t.
Si le Baron alien Terre que il ad en le droit son Feme, & puis reprist Estate [Page 586] a luy & a son Feme p̄ terme de lour vies; ceo est un Remitter al Feme, pur ceo que cest Alienqtion est l'act lē Baron, & nemy l' act de la Feme; car nul follie poit estre adjudge en Feme durant le vie le Baron.
Mes si tiel Alienation soit per Fine en Court de Record, tiel Reprisel apres al Baron & Feme pur terme de lour vies ne ferra la Feme destre en sa Remitter; pur ceo que en [...] la Feme serra examine [...] Judge, & tiels examina [...] ons en Fines excluderont tiels Femes a touts jours.
Auxy quant l' Entrie d'asc' home est congeable, & il prist Estate a luy quant il est de plene age, si ne soit per Fait indent', ou matter de Record, que luy estoppera, ceo serra a luy bone Remitter.
Rents.
REntssōt [...] divers kinds; ces [...] ascav', Rent-service, Rent-charge, & Rent-secke.
Rent-service est, lou le Tenant in Fee-simple tient sa Tr̄e de son Sn̄r ꝑ Fealtie & certaine Rent, ou ꝑ auter Service & Rent; & donques si le Rent soit arere, le Sn̄r poit distraine, mes il jammais navera Action de Det pur ceo.
Auxy si jeo done Tr̄es en le rail a ū hōe, payāt moy certain Rent, ceo est Rent-service. [Page 587] Mes en tiel case il covient que le Reversion soit en le Donour: Car si home fait Feoffment en Fee, ou un Done en taile, le Remainder ouster en Fee, sans Fait, reservant a luy un Rent, tiel reservation est voide, & ceo est per force del Statute Quia emptores terrarum; & donques il tiendra de le Sn̄r de q̄ son Donour tenoit.
Mes si home ꝑ Fait indent a cel jour fait tiel Done ē le taile, le Remainder ouster en Fee, ou lessa pur term de vie, le Remainder ouster; ou un Feoffm̄t, & ꝑ m̄ l' Endenture reserva a luy un Rent, & q̄ si le Rent soit arrere, que bien lirroit a luy a distrainer; ore tiel Rent est Rent-charge.
Mes en tiel case, si la ne soit clause de Distress en le Fait donques tiel Rent est appel Rent-seck, p̄ quel il ne jammais distrainera; mes si fuit un foits seisie, il avera Assise; & si il jammais ne suit seisie, est sans remedie.
Aux' si ū grant ū Rent issuāt hors [...] sa Tr̄e, ove clause [...] Distress, cest ū Rent-charge, & si le Rent soit arrere, le Grantee poit es [...] ier [...] distrainer, ou suer' ū Br̄e [...] Annuitie, mes il ne poit aver ambideux; car sil port Br̄e d'Anuitie, donques le Tr̄e est discharge. Et si il distr̄, & avow le prisel en Court de record, donque, le Tr̄e est charge, & ie ꝑson [...] l Grantor discharge.
[Page 588] Auxy si un grant un Rent charge, & le Grantee p̄chase le moietie, ou asc' auter part ou parcel de le Terre, tout le Rent est extinct. Mes ē Rent service, si le Seign or p̄chase parcel del Terre, le Rēt serra apportion.
Si un ad un Rent charge, & son Pere purchase parcel del Terre, & cel parcel discenda a le Fitz, q̄ ad le Rent charge; ore cel Rent serra apportion solonque le value del Tr̄e, come est dit de Rent service; p̄ ceo que le Fitz ne vient a ceo p̄ son act demesn̄, mes ꝑ discent.
Aux'si jeo face un Lease p̄ term d' ans, reservant a moy un certain Rent, cest appel ū Rent service, pur quel il est mon libertie a distrainer p̄ le Rent, ou aver un Action de Det: mes si le Lease soit determine, & le Rent soit arer̄, jeo ne puisse distraine, mes serr̄ mis a mon Actiō [...] Det.
Et nota, que si le Seignior soit seisie de Service & Rent avandits, & ils soyent aderere, & il distrain, & le Tenant rescue le Distress, il poit aver Assise, ou Brief de Rescous; mes il est pluis necessarie pur luy d' aver Assise, que Brief de Rescous: pur tant que per Assise il recovera son Rent & ses Dammages; mes per cest Brief de Rescous il ne recovera mes Dammages, & le chose distraine serra reprise.
[Page 589] Si le Seigniour ne soit my seise del Rent & Service, & ils sont aderere, & il distrein pur eux, & le Tenant reprent le Distresse; il ne poit my aver Assise, mes Brief de Rescous, & ne covient my al Sn̄r de mr̄e son droit.
Si le Seignior ne poit my trover Distresse per deux ans, il avera vers le Tenant Brief de Cessavit per biennium, ut patet per le Statute de Westm. 2. cap. 21.
Et si le Tenant devie en le mean temps, & son Issue enter, le Sn̄r avera vers le Issue Br̄e de Entry sur Cessavit; ou si le Tenant alien, le Sn̄r avera vers le Ali [...] nee le avantdit Brief. Mes si le Sn̄r ad Issue & devie, & le Tenant soit en arrearages del dit Rent & Services en le temps le Pere, & nemy en le temps del issue; il ne poit my distrein pur arrearages en temps son Pere, & navera ascun auter Recoverle vers le Tenant ou ascun auter, pur ceo que tiel advantage est done per le Ley al Tenant. Et nota q̄ fealty appent de common droit a Rent-service, mes nemy a Rent charge ne Rent seck.
Si home distrein pur Rent charge, & le Distresse soit rescue de luy, & il ne fuit my seisie adevant, il ne ad my Recoverie fors (que) ꝑ Br̄e [...] Rescous; car le Distresse primerm̄t fait ne don̄ a luy Seisiu, [Page 590] forsque sil nad le Rent adevant: car si il fuit seisie del Rent adevant, & puis le Rent soit adecere, & il distrein, & Rescous soit fait, il avera Assise, ou Brief de Rescous.
En chescun Assise de Rent charge, & annual Rent, ou en un Brief de Annuity, covient a celuy que port le Brief de monstre avant un Especialty, ou auterm̄t il ne maintainera le Assise. Mes en Assise de Mortdācester ou Formedon ē le discender, & auters Briefs (en les queux Title est don̄ ou cōprise) port de Rent charge ou de annual Rent, nest besoigne de monstre Especialty.
Et nota bien, que si home grant Rent charge a un auter, & le Grātee relessa al Grantor parcel de le Rent, uncore tout le Rent nest extinct.
Si Rent charge soit grant a deux joyntment, & le un relessa, uncore le auter avera le moietie del Rent. Et si l'un p̄chace le moietie de le Ter̄ dont le Rent est issuant, lauter avera le moietie del Rent de son compaignion. Et si le Disseisor charge la Terre a un Estranger, & le Disseiscee port le Assise & recover; le charge est defeate. Mes si celuy que ad droit charge la Terre, & un Estranger faine un faux Action envers luy que nad dro [...] t, & recover per Default; le charge demurra.
En case Purparty soit ꝑent' [Page 591] deux Parceners, & pluis Terre soite allotte a lun que a lauter, & el que ad pluis del Terre charge sa Terre al auter, & el happe le Rent; el maintainera Assise sans Especialty.
Et est un Rent seck, lou hōe tient de moy per Homage, Fealty, & auter Services, rendant a moy un certain Rent per an, q' jeo grant a un auter, reservant a moy les auters Services.
Si Rent seck soit grant a un home & ses Heirs, & le Rent soit arere, & le Grantor devie; le Heire ne purra my distrainer, ne recoverales arrearages de temps son Pere, sicome est avantdit de Rent service.
Et in m̄ le manner est de Rent charge ou annual Rent. Mes ē touts ces Rents le Heire pro [...] t aver p̄arrearages en son temps demesne tiel advantage come avoit son Pere en sa vie. Vide Statute 32 H 8. cap. 37.
Et nota bien, que en Rent seck si home ne soit seisie del Rent, & il soit aderere, il est sans recovery, pur c' que il fuit son folly demesne al primer, quant le Rent fuit grant a luy ou reserve, (que) il ne prist my Seisin del Rent, sicome un denier ou deux.
Hom̄ ne poit aver̄ Cessavit per biennium, ou un auter Br̄e d'entry sur Cessavit, p̄ ascun Rent seck aderere per deux [Page 592] ans, mes il p̄roit tant solement p̄ Rent service, ut patet in le Stat. Westm. 2. cap. 21.
Il covient p̄ luy que sue p̄ Rent seck monstr̄ Fait al Tenant, auterm̄t le le Tenant ne serra my charge del Rent, sorsque lou le Rent seck fuit Rent service adevant; come en cest case: Sn̄r, Mesne, & Tenant, & chesc' de eux tient de auter per Homage & Fealtie, & le Tenant de Mesne per 10 [...] . de Rent; le Seignior paramount p̄chase les Terres ou Tenements [...] Tenant, tout le Seigniorie del Mesne, forsprise le Rent extinct: & pur cest cause cest Rent est devenus Rent seck, & le Rent service change, car il ne poit distraine pur cest Rent; & en cest case celuy q̄ demāda le Rent ne serra jammes charge de monstre Fait.
Auxy en Brief [...] Mortdancestor, Ayle ou Besayle, de Rent seck, il ne besoigne de monstre Especialtie, pur ceo que ceux Briefs de Possession comprehendont un Tir'e delns eux mesmes, cestascavoire, que le Ancestor fuit seifie de mesme le Rent, & continua son possession; per cause de quel Seisin le Ley suppose q̄ est auxy averrable per le Pays.
Tamē quaere, car ascūs supposant ū fine sorce a mōstr̄ avāt Fait, p̄ ceo (que) Rent seck est ū chose ēcount' cōmon droit, auxy bien come Rent charge.
[Page 593] Mes en Assise de Novel disseisin, & en Brief de Entrie sur disseisin port de Rent seck, il covient de Fine fore mr̄e avant Fait; p̄ ceo (que) Rent seck est un chose encounter cōmon droit sinon en le case suisdit, ou il fuit Rent service adevāt, & ꝑ le act del Ley est devenus Rent seck.
Et Assise de Novel disseisin, & Brief de Entrie sur disseisin ne conteigne deins eux nul Title, mes supposant un Disseisin dēe fait en le Plaintiff; & de entendment del Ley le Disseisin ne done nul cause de Averment encounter common droit, mes de fine force il monstre avant Especialy.
Repleader.
REpleader est, ou le plees de Plaintiff ou Defendant, ou ambi-deux sont male, ou un impertinent Issue joyne, donque le Court annul touts ceux pleas queux sont male, & agard quod partes replacitent Co. En. 152. 221, 224.
Replevin.
REplevin est un Brief que gist quant un home est distreine pur Rent ou auter chose, donques il avera cest Brief al Viscount, pur deliver a luy le Distresse, & trovere Surety de pursuer son Action; & si il ne pursua, ou si soit trove & judged [Page 594] encounter luy, donques cestuy que prist le Distresse re-avera Distresse, que est appel' Retourne des Avers; & il avera en tiel case Brief appel Returno habendo.
Mes si le Defendant avow pur Rent il poit aver judgement pur le value des avers per le Statute 17 Car. 2. cap. 7.
Si soit en ascun Franchise ou Bailiwicke, le party avera un Replevin del Viscount directe al Bailiff de m̄ le Franchise, pur eux redeliver, & il trovera Surety de pursuer son Action al prochein County. Et cest Replevin poit estre remove hors del County en le Common banke ꝑ Brief de Recordare.
Vide plus de Replevin devant Title Distress.
Auxi vide Mic. 2. E. 3. pl. 31. & 7 E. 3. 27 pl. 13. un parol Plevin, ou terr' fuit prist en la main le Roy. Et puis sont deliver ou Replevy hors des mains le Roy, per que veies Stat. 9 E. 3. cap. 2.
Brief de Homine replegiando gist lou un home est en Prison, & nemy per especial commandement le Roy, ne de ses Justices, ne p̄ le mort de home, ne pur le Forrest le Roy, ne pur tiel cause que nest replevisable; donques il avera cest Brief direct al Vicount, que il luy faire estre replevy. Et cest [Page 595] Brief est un Justicies, & nient retournable. Et si Vicount ne ceo face, donques issera auter Brief, Sicut alias; & apres auter Brief, Sicut pluries, vel causam nobis significes, que serra retornable. Et si le Viscount uncore ne face Replevin; donques issera un Attachment directed al Coronors dattacher le Vicount, & de luy amesner devant les Justices a un certain jour, & ouster ceo que ils facent execution del prim̄ Brief.
Replication.
REplication est, quant le Defen [...] en ascun Action fait Respons, & le Plaintiff replie a ceo, ceo est appel le Replication del Plaintiff.
Reprises.
REprises sont Deductions, Payments & Duties que va annuelm̄t & sent pay hors de un Mannour; come Rent charge, Rent seck, Pensions, Corrodies, Annulties, Fees de Seneschals ou Baylifes, & tiels semblables.
Reprieve.
REprieve venust del Francois Repris, Resumptus; issint (que) repriver est ꝓperment [...] resumer un Prisoner [Page 596] soner del Execution & proceeding del Ley pur ceo temps.
Requests.
REquests est un Court teigne en le Palace del Roy, devant le Master de Requests ꝑ Petition, & semble estre un Court d' Equity.
Rere County.
REre County (Retrocomitatus) est un ꝑol use en les Stat. Westm. 2. c. 39. & 2 E. 3. c. 5. & semble ꝑ ceux Stat. destre asc' publique lieu que l' Viscount appoint p̄ le receit des deniers le Roy apres le fine de son County Court.
Resceit.
REsceit est, quant ascun Action est port vers Tenant pur terme de vie ou de ans, & cestuy en le Reversion vient eins, & pria destre receive p̄ defen [...] le Terre, & p̄ pleader ovesque le Demandant: Auxy quant il vient, il covient que il soit touts foits prist a pleader ove le Demandant. En mesme le manner un Feme serra receive pur default sa Baron en Action port vers ambideux. Et Tenant pur ans serra receive a defend' son droit, lou, en un Action port vers Tenant del [Page 597] Frank-tenement, il plede faintment.
Rescous.
REscous est un Brief (que) gist quant ascun home prent Distress, & un auter repriss Distress de luy, & ne voile suffer luy amesner l' Distress; ceo est un Rescous, sur quel il poit aver cest Brief, & recovera dammages.
Auxy si un distrein Beasts pur dammage feasant en sa Terre, & les enchasea per le hault chimin pur eux enparker, & en alant ils entront en le meason de celuy a que ils sont, & il eux detient la, & ne voile suffer le auter de eux enparker; ceo detainer est Rescous.
Auxi si le Viscount prist mon dettor per Execution ou mesne Process, & J. S. rescue luy hors del Custody del Viscount, Jeo avera acc̄on de Rescous versus J. S. pur cest tort & recovera Damages & Debt.
Reservation.
REservation est prise divers voyes, & ad divers natures. Cōe ascū foits ꝑ voy de exception, [...] reserve ceo (que) un home ad devant en luy: Come si ū Leafe soit fait pur ans de Terre, reservant les grand Arbors cressant sur [Page 598] ceo, ore le Lessee ne poit meddle ovesque eux, ne ovesque asc' chose q' vient [...] eux, cy longe come il demurt ē ou sur les Arbors, come Mast [...] Oake, Chesnut, Pomes, ou tiels semblables: mes sils chient del Arbors al terre, donq s ils sont en droit l'Lessees, car le Terre est Lesse a luy, & tout sur c' nient reserve, &c.
Ascun foi [...] s un Res [...] rvation obtaine & port hors un auter chose (que) ne fuit devant: Cōe fi un home lessa ses Terres reservant annualm̄t pur c' xx. l. &c. Et divers auters tielx Reservations y sont.
Et nota, que en ancient temps lour Reserv [...] tions fuerōt cybien en Victuals, soit ceo Carne, Pishe, B [...] ees, Pane, Boyer, ou auterment, come ē Money, tan (que) al darreine, & specialment en le temps del Roy Henry le 1. per agreement le Reservation de Victuals fuit change en prist Money, come il ad tanque cy continue.
Residence.
REsidence venust [...] l Latine Residere, & est tout un ove Resiance, si non que cest parol Residence est plus tost appropriate al Continuance dun Parson ou Vicar sur son Esglise ou Benefice; & issint est use en le Stat. de 28 H. 8. cap. 13.
Resignation.
REsignation est, lou un Incumbent de un Esglise resigne ou relinquish ceo al Ordinarie, que luy ait admit a ceo, ou a ses Successors; que differ del Surrender, quant ꝑ cel il a que le Resignation est fait nad ascun Interest en le chose issint resigne, mes cestuy a que surrender est fait avoit per ceo le chose mesme.
Restitution.
REstitution est quant un Judgment est reverse per Error donque Brief de Restitution issera p̄ le Defendant en l' Action a restorer a luy tout ceo q̄ il ad ꝓdus. Est auxi un Brief de Restitution de Biens emblees sur Conviction d'un larō, quel est fait al Session on Assizes. Sur Stat. 21 H. 8. 11. Noy rep. 128.
Resummons.
REsummons est un Second Summons d'un home p̄ responder al un Action, lou le primer Summons est defeat ꝑ le Demise le Roy, ou tiel semblable cause. Et de ceo veies Coke, lib. 7. fol. 29. b.
Auxi si Terr-tenant retorne sur Scire facias, ou auter Action plead non-age, & le parol demurr tanque, &c. [Page 600] Quant il veign de p'ein age, le Plaintif, sur suggestion p̄ aver Scire facias ou resum: Et issint ou plea est stay per pleder de Protection, Excomengement, ou auter tiel disability.
Resumption.
REsumption est un parol use en le Stat. de 31 H. 6. c. 7. & est la prise p̄ le Reprendre en les maines le Roy de tiels Terres ou Tenements come sur faux suggestion ou auter error le Roy ussoit deliver al un Heire, ou grant per Patent al ascun home.
Retraxit.
REtraxit est le Preterperfect tense de Retraho, pur evulser arere; & est, quant le Plaintif ou ꝑtie Demandant veient ē ꝓper ꝑson ē le Court lou son Suit est, & dit (que) il ne voit ulterius prosequi in placito illo, &c. ceo serra un Barre al Action a touts jours.
Reve, ou Reeve.
REeve est un Officer pluis conous en ancient tēps q̄ a cest jour: car chesc' Mannor ad donques un Reeve, & uncore en divers Copihold-Mannors (ou le veiele custom [Page 601] p̄vaile) le nosme & office nest en tout oblie. Et est en effect ceo q̄ a ore chesc' Bailiff d'un Man̄or practise, nient obstant le nosme de Bailiff ne fuit donq̄s ē ure enter nous, esteant puis port eins ꝑ les Normans. Mes le nosme de Reeve, ancientment appel Greeve, (quel particle ( Ge) en continuance del temps fuit ousterment omise & perde) vient del Saxon parol Gerefa, que signifie un Ruler: Et issint verament son Rule & Auctoritie fuit large deins le compass del Man̄or son Seignior, & enter ses homes & Tenants, cybien en choses de Governm̄t en peace & guerre, cōe en le skilful use & trade de Husbandry. Car sicome il collect ses Rents del Sn̄r, pay Reprises ou Duties issuant hors del Mannor, appoint les Servants de worker, succide & decoupe Arbres p̄ repairer les Edifices & Enclosures, oves (que) divers tiels semblables, p̄ le commoditie del Seign̄t; issint auxy il ad auctoritie de governer & gard les Tenants en paix, &, sil besoigne, [...] conducter eux en guerre.
Reversion.
REversion de Terre est un certaine Estate remainant en le Lessor ou Donor, apres le particular Estate & Possession convey al un [Page 602] auter per Lease p̄ vie ou ans, ou Done en taile.
Et est appel un Reversion en respect de le possession separate de ceo: issint que il (que) ad l' un nad l' auter a mesme le temps; car en un corps simul la ne poit estre dit un Reversion, pur ceo que per l'uniting l' un est merge en l' auter.
Et issint le Reversion del Terre est le Tr̄e mesm̄ quant il eschuest.
Ribaud.
RIbaud semble d'estre sturdy Vagabonds, Rot. Parl. 50 E. 3. 61.
Right, & Right de Entrie.
RIght, & Right de Entry. Veies en Droit.
Riot.
RIot est, Ioutrois, (al meins) ou plures font asc' illoyal act, come de bater un hōe, enter sur le possession d'un auter, vel hujusmodi.
Robbery.
RObberie est, quant un home prent asc' chose del ꝑson d'un auter feloniousm̄t; coment q̄ la chose prise soit al [Page 603] value sors (que) d'un denier, uncore il est Felonie, p̄ quel l' Offendor suffera mort.
Rood de Terre.
ROod de Terre est un certaine quantitie [...] Terre contein̄ le quatre part d'un Acre. Anno 5 Eliz. c. 5.
Rout.
ROut est, quant people assemble eux m̄, & puis ꝓcedant ou chivauchant, ou alant avant, ou movent ꝑ instigation d'un ou plusors, que est Conductor d'eux. Cest appel un Rout, p̄ c' q̄ ils movent & ꝓceed en routs & numbers.
Item ou plures assemble eux sur lour quarrels & braules demesne; come si les inhabitants d'un Ville voille ass [...] mbler eux p̄ disbruiser Heys, Mures, Fosses, Pales, ou tiels semblables, d'aver Common l [...] , ou de bater un auter (que) ad fait eux un common displeasure, vel hujusmodi; cest un Rout, & encounter le Ley, coment q̄ ils nont fait ou mis en execution lour male entent. Veies le Statute 1 Mar. c. 12.
S.
Sac, ou Sake.
SAke est Placitum & Emenda de Transgr̄ hominum in Cnria vestra; quia Sake Anglice est Encheson Gallice, & sake est mis pur sick.
Veies Keloway Casus incerti temporis, f. 145. a. que le privilege appel Sake est, d' aver les Amerciaments de ses Tenants en son Court demesne.
Sacrilege.
SAcrilege est quant un emblee ascun Vessels, Ornaments ou biens de Saint Esglise q̄ est Felony, 2 Cro. 153, 154.
Salary.
SAlarie (Salarium) est un parol mult use en nr̄e Livres, & signifie un Recompence ou Consideration done al asc' pur son labour implie sur les besoign' d'un aut'. Et est issint appel, come Plinie dit l. 31. Nat. Hist. c. 7. quia tam necessarium est quam Sal homini, & labores suos sapit ut Sal cibos.
Sanctuary.
SAnctuary est un Lieu privilege ꝑ le Soveraigne p̄ le garder des vies des homes queux sont pechers, esteant foundue sur le Ley de Mercy, & sur le grand reverence, honour & devotion q̄ le Soveraigne port al lieu a que il granta tiel Privilege: q sult st grand en temps passe q̄ les Soveraignes ont grant mesm̄ en cases de Treason ꝑpetres encounter eux mesmes, Murder, Rape, ou auter crime quecunque. De ceo veies Stamf. Pl. del Cor. l. 2. c. 38.
Satisfaction.
SAtisfaction est, quant un Defendant ad pay Debt ou Damages versus luy recover, il covient a luy d' aver satisfaction d' estre enter sur le record del Judgment.
Sarpler.
SArpler est un quantitie de Lane, (que) en Escose est appel Serplath, & containe 80 Stone; & ove nous en Angleterre un Corde de Lane consista (per l' opinion d' ascuns) de 80 Todde, & chesc' Todde containa deux Stone, & chescun Stone 14 Livers; & (que) ū Sack [...] lane est en usual estimation egal ove ū Corde, & un Sarpler le moietie d'un Sack.
Scandalum magnatum.
SCandalum magnatum est un Male report invēt ou disperse al prejudice ou slander d' ascun grand personage ou Officer [...] l Realm. Le punishm̄t p̄ que est enact ꝑ divers Statutes, viz. Westm. 1. c. 33. 2 R. 2. c. 5. & 12 R. 2. c. 11.
Scavage.
SCavage ou Shewage est un Tolle exact ꝑ les Maiors, Viscounts & Bailiffs des Cities & Boroughs corporate, pur wares ou merchandise monstres destre vendus deins lour p̄cincts & jurisdiction: quel Exaction, esteāt encont' le privilege des subjects le Roy, suit inhibite per un Statute fait 19 H. 7. c. 8. Veies 21 H. 7. f 1 [...] . a. & veies le Stat. de 22 H. 8. c. 8. in fine.
Major, &c. de London port dett p̄ cel duty, hiis verbis Pro supervisu apertionis H. 18, 19. C. 2. B. R. Roll. 625.
Scire facias.
SCire facias est un Brief judicial issuant hors de Record, & gist lou un ad recover Dette ou Dammages en Court le Roy, & il ne sue pas d' aver Execution deins l' an & le jour; donq̄s apres l' an & jour l' avera il dir Brief a garner le partie: & [Page 607] si le partia ne vient, ou sil vient & ne scavoit riens dire encounter Execution, donques il avera un Brief de Fieri facias direct al Viscount, luy commandant que il levie le Dette ou les Dammages des Biens [...] celuy q̄ avoit perdue.
Le Br̄e de Fieri facias gist deins l' an, sans ascun Scire facias suer.
Auxy si le sum̄e [...] mesme le Dette ou Dammages ne poit estre levie des Biens de celuy q̄ avoit ꝑdue, donques il poit aver un Br̄e d' Elegit, direct al Viscount, que il face luy deliver la moietie de sa Terre & Biens, except ses Boves & affries de sa Carue.
Quant un ad recover Det ou Dammages en Action ꝑsonal, (lou le Proces est ū Capias) il poit aver ū auter Br̄e d' Execution, appel Capias ad satisfaciendum, pur prender le Corps celuy q̄ est issint condempne, que serra commit al prison, illonques a demurrer sans Baile ou mainprise, tan (que) il ad satisfie le partie.
Auxy quant ū ad Judgm̄t de recover ascun Terres ou Tenements, il avera un Br̄e appel Habere facias scisinam, direct al Viscount, luy commandant deliver a luy Seisin de mesme le Terre issint recover. Veies pluis de ceo en les Titles Fieri facias, & Execution.
[Page 608] Le Brief supra est done ꝑ Statute Westm. 2. cap. 45. Mes auxi sont auters manners de Scire facias; scil. super Audita Querela Brevia de Erroribus corrigendis, tam ad audiendos errores, q̄ quare Executionē habere non debeat, & versus terrtenent super Juditiis & hujusmodi.
Scot.
SCot est, quietum esse de quadam Consuetudine, sicut de communi Tallagio facto ad opus Vic' vel Balliv' ejus.
Scotale.
SCotale est un Extortion prohibit per le Charta del Forrest, cap. 7. & est lou ascun Officer del Forrest tenust un Alehouse, al intent que poit aver le custome des Inhabitants deins le Forrest, de vener & expender lour deniers ove luy, & pur ceo il coniver̄ a lour offences commise deins le Forrest.
Second deliverance.
SEcond deliverance, est un Brief fait ꝑ le Filacer a reliver avers distreine puis q̄ le Plaintiff est Non-suit en un Replevin. Plo. Com. 274. Dyer 41.
Se defendendo.
SE defendendo est un Plee p̄ luy que est charge ove mort de un auter, disant (que) il fuit compelle a ceo (que) il faisoit, en son defence m [...] sme. Stamf. Pl. Cor. lib. 1. cap. 7.
Seigniorie en Grosse.
SEigniorie en Grosse. Veies Lord en Grosse.
Selion.
SElion (Selio) venust del Francois Sellon, id est, Terra elata inter duos fulcos, en Latine Parca; & nest dascun certain quantitie, mes ascun foits containe plus, & ascun foits meins. Et p̄ c' Crompton en son Jurisdiction des Courts, fol 221. dit q̄ un Selion ne poit estre demand, eo que est uncertain.
Seneshal.
SEneshal (Seneschallus) est ū ꝑol Francois emprant del Germonois, & signifie ū q̄ avoit le dispensation del Justice ē asc' ꝑticular cases; cōe Stamf. Pl. Cor. fo. 152. B. le grand Seneschal del Angleterre, ou des affaires dun Familie cōe Cromptons Jurisdiction, f. 102. Seneschal de Hostel le Roy, & le Stat. de 25 E. 3. Stat. 5. c. 21 & auters.
[Page 610] Est auxi home erudite appoint ꝑ le Seignieur de un Mannor a tener Courts leet ou Baron, Coke 1 Inst. f. 58. 61.
Sequestration.
SEquestration est le Mitter apart dū chose in controversie del possession [...] ambideux q̄ contend pur ceo. Est use auxy p̄ le act dun Ordinary, qn̄t nul voit intromitter oves les biens & chat' dun q̄ est mort, come en 4. & 5. M. Dyer fol. 106. b. & 7 El. Dyer fo. 232. a. Et issint est use auxy p̄ le Collect' des fruits & profits dun Benefice q̄ est void, al use del prochein Incumbent, per le Statute de 28 H 8. cap. 11.
Service de Chivaler.
TEner per Service de Chivaler est, a tener ꝑ Homage, Fealty, & Escuage; & treit a luy Gard, Marriage, & Reliefe.
Et nota, q̄ Service de Chivaler est Service [...] Terres ou Tenements, pur armes porter en Guerre en defence del Royalm̄; & doit Garde & Marriage appent, ꝑ reason q̄ nul est able, ne de power, & ne poit aver conusās de arm̄s porter, devant q̄ il soit del age de 21 ans. Et al fine que le Sn̄r ne perdera ceo que de droit il poit aver, & q̄ la power de la Royalme en rien ne [Page 611] soit enfeeble, la le Ley voet, ꝑ cause de son tender age, q̄ le Sn̄r luy avera en la Gard tanque al pleine age de luy, cestascavoire, 21 ans.
Mes veies le Stat. 12 Car. 2. cap. 24. ꝑ quel tout 'Tenures sont verie en free & common Soccage.
Sessions.
SEssions est un Seiance des Justices en Court sur lour Commission: come les Sessions de Oyer & Terminer, Pl. Cor. fo. 67. Quarter Sessions. auterm̄t appel' General Sessions, ou overt Sessions, 5 El. c. 4. encounter q̄ux sont Private ou especial Sessiōs, queux sont ꝓcure p̄ asc' especial occasion, p̄ le pluis subite fesāce de Justice, Cromp. Just. de P. fo. 110. Queux choses sont enquirable en General Sessions, veies Cromp. ut supra, & fo. 109. Petit Sessions, ou Statute Sessions, sont tenus ꝑ le hault Cōstable de chesc' Hundred, pur le placing de Servants. An. 5. El. c. 4. in fine.
Severance.
SEverance est le Mitt' hors de un ou plusors que sont joyne en un Brief: Come si deux sont joyn̄ en un Br̄e De libertate probanda, & puis lun soit nonsuit, en cest case Severance est permit, issint q̄ nient obstant le Nonsuit de [Page 612] lun le auter poit severalm̄t ꝓceed, F. N. B. fol. 78. De c' veies Brook tit. Severance & Summons, f. 238. Car est pluis dur̄ a cognostre en queux cases Severance est ꝑmit, q̄ quel y est. La est auxy Severance en Assise, Veil Livre d' Entries, f. 81. col. 4. Et Severance en Attaint, f. 95. col. 2. Et Severance en Det, f. 200. col. 1. Et Severance en Quare impedit, Coke, lib. 5. f. 97.
Sewers.
SEwers semble destre un parol compound des deux parols Francois, Seoir, sedere, & Eau, Aqua, pur ceo que les Sewers sont Commissioners que seont, per virtue de lour Commission & authority foundue sur divers Statutes, d' inquire de touts Nusances & Offences faits per lestopper des Rivers, erecter des Molins, non repairer des Banks & Bridges, &c. & pur taxer & rat' touts queux poit concern, p̄ le amē der des touts defaults que sont al hindrance del frank passage del Eau per ses vieux & ancient currants. Veies le Stat. 6 H. 6. cap. 5. & 23 H 8. cap. 5. pur le forme de lour Commission.
Shack.
SHack est un peculiar nosm̄ de Com̄on use en le pays de Norfolk, & Avers, de aler a Shack, est rant adire come de aler a libertie, ou de aler alarge. Et cest Common appelle Shack, q̄ en le Commencem̄t fuit fors (que) en nature de un Feeding, pur cause de vicinage, p̄ avoiding [...] Suits, en ascun lieus dein cest Pays est ꝑ custom alter en nature dun Common appendant ou appurtenant, & en ascun lieu [...] c' retaine son Original Nature. Coke l. 7. f. 5.
Shewing.
SHewing est, quietum esse cum Attachiamento in allqua Curia, & coram quibuscunque, in Querelis ostensis, & non advocatis.
Soc.
SOC est Secta de homin̄ in Curia vestra, secundum cō suetud Regni.
Soccage.
TEner en Soccage est, a tener [...] ascun Seigniour Terres ou Tenements, rendant a luy un certaine Rent ꝑ an p̄ touts man̄ers des Services.
Tener per Soccage nest pas ten̄ per Service de Chivaler, [Page 614] ne la appent Gard, Marriage, ne Relief: mes ils doubleront un foits lour Rent apres le mort lour Ancestor, solonque ceo q̄ soloyent payer a lour Seigniour.
Et ils ne serront ouster measure greeves, come il appiert en le Treatise de Gards & Relief.
Et nota, que Soccage est, en trois manners; cestasc' Soccage en frank Tenure, Soccage en ancient Tenure, & Soccage en base Tenure.
Soccage en frank Tenure est quant un tient de un ꝑ Fealty & certain Rent pur touts manners d' Services, come devant est dit.
Et de touts Terres tenus en Soccage le procheine amy avera le Garde, a que le Heritage ne purra my discender tanque al age le Heire del 14 ans: cestascavoir, si le Heritage veign̄ per le part le Pere, ceux del part le Mere averont le Gard; & contra.
Si Gardian en Soccage fait Waste, il ne ferra my impeache de Waste, mes il rendra accompt al Heire quant il viendra al pleine age [...] 21 ans. Et veies l' Stat. de Marlebridge ca. 17. pur cest matter.
Soccage de ancient Tenure est ceo lou les genes tenoyent en Ancient Demesne, que ne soloyent auter Br̄e avoir q̄ le Br̄e de Droit close, que fuit determine Secundum consuetudinem [Page 615] Manerii, & l' Monstraverunt; pur eux discharge quant lour Sn̄r eux distreine pur faire auter Services que duissent.
Cest Breif d' Monstraverunt doit estre port envers lour Sn̄r: & ceux Tenants teignent touts per un certaine Service, & sont franke Tenants de Ancient Demesne.
Soccage en base Tenure est, lou home tient en Ancient Demesne, que ne poit aver le Monstraverunt, & pur ceo il est appel le base Tenure.
Sockmans.
SOckmans sont les Tenants ē Anciēt Demesne, queux tient lour Terres ꝑ Soccage, cest adire, ꝑ Service [...] l Carue, & p̄ ceo ils sont appelle Sockmans, que est tant adire come Tenāts ou homes queux tient per Service del Carue, ou hōes del Carue: Car Sok signifie un Carue.
Et ceux Sockmaus, ou Tenants en Ancient Demesne, ont plusors & divers Liberties done & grant a eux ꝑ l' Ley, cybien ceux Tenants q̄ux tient de un cōmon person, come ceux q̄ux tient del Roy ē Ancient Demesne; come nosmement destre quite de payer Toll en chescun Market, Fair, Ville, Citie, per tout le Royalme, cybien p̄ lour Biens & Chattels que ils vende as auters, come pur [Page 616] ceux choses que ils achateront p̄ lour provision. Et sur ceo chescun de eux poit suer de aver Letters Patents desouth le Seale le Roy, directe a ses Officers, & al Maiors, Bailiffs, & auters Officers en le Royalme, de suffer eux destre quit de Tolle: destre exempt del Leers & [...] Turns de Vic': item destre quit de Pontage, Murage, & Passage; & auxy de Taxes & Tallages grant per Parliament, s [...] on que l' Roy taxe Ancient Demesne, come il poit a son pleasure, pur grand cause: destre quit de payment a les expences del Chivalers del Shire, queux vient al Parliament.
Et si le Viscount voil distreyner eux [...] ou ascun de eux, destre contributorie pur lour Terres en Ancient Demeine, donques l' un de eux, ou touts, come le case require, poir suer un Brief directe al Viscount, luy commanda [...] t que il ne compelle eux destre co tributories al expences de Chivalers Et m [...] sme le Brief luy command auxy, que si il ad distrain eux pur ceo, que il redeliver m̄ le Distresse.
Item que ils ne deveront estre impannel, ne mis en Juries & Enquests en le Pays h [...] rs de lour Mannor ou Seigniory de Ancient Demesne, p̄ les Terres queux ils teigne la, s [...] non que ils out [Page 617] auters Terres al Common Ley, pur queux ils deveront estre charge.) Et si le Viscount retourne eux en Pannels, donques ils poyent aver un Brief direct a luy De non ponendis in Assisis & Juratis: Et sil face al contrary, y gist Attachment envers luy.
Et issint est auxy si les Bailiffs des Franchises, queux ont Retorn des Briefs, voile returne ascun del Tenants queux reigne en Ancient Demesne en Assises ou Juries.
Sodomy.
SOdomy, en le Indictment p̄ ceo offence est dit, Rem veneream habuit & peccatum illud Sodomiticum (inter Christianos non nominandum) felonice commisit.
Spoliation.
SPoliation est un Suit p̄ les Fruits dun Esglise, ou pur le Esglise mesm̄; & est destre sue en le Spiritual Court, & nemy en le Temporal. Et cest Suit gist pur un Encumbent envers un auter, lou i [...] s ambideux claime per un Patron, & lou le droit del Patronage ne vient en question ou debate. Cōe si un Parson soit cree ū Evesque, & ad dispensation de ten̄ son Rectorie, & puis l' Patron ꝑsent aut' Encumbēt, q̄ est institute [Page 618] & induct: ore Evesque poit aver envers cestuy Encumbēt un Spoliati [...]n en le Spiritual Court, pur ceo que ils ambideux claime ꝑ un Patron, & le droit del Patronage ne viēt en debate, & p̄ ceo q̄ le auter Encumbent vient al possession del Benefice per le course del Ley Spiritual, cestascavoir, per Institution & Induction, issint que il ad colour de aver ceo, & destre Parson ꝑ le Spiritual Ley: car anterment, sil ne soit institute & induct, &c. Spoliation ne gist envers luy, mes pluistost un Brief de Trespass, ou un Assise de Novel disseisin, &c.
Issint auxy est lou un Parson que ad Pluralitie accept auter Benefice, per reason de que le Patron present un aut' Clerk a que est institute & induct: ore le un de eux poit aver Spoliation envers le auter, & donques viendra en debate si il ad un sufficient Pluralitie ou non. Et issint est de Deprivation, &c.
Mesme le ley est, ou un dit a le Patron, que son Clerke est mort, sur que il present un auter: la le primer Encumbent, que fuit surmise destre mort, poit aver un Spoliation envers le auter. Et issint en divers auters sēblables cases, de ques veies Fitz. Nat. Br. fo. 36. [...]. &c.
Stablestand.
STablestand est un terme del Forrest Leys, quant un est trove esteant en le Forrest ove son Arc tend prist de escocher, al un Dame, ou oves (que) ses Levriers en un Lesse prist de glisser. Veies Manw. For. Leys, Ca. 18. fo. 133. b.
Stallage.
STallage signifie argent pay pur pitching Stalles in Nundinis & Mercat', ou le droit de ceo faisant.
Standard.
STandard. Veies Estandard.
Stannary.
STannary sont Courts ꝑ ancient Custom teigne en Cornwal p̄ suits concernant le Trade de Tin.
Statute-Merchant.
TEner per Statute-Merchant est, lou hōe conust a payer deniers a un auter a certain jour devant l' Maior, Bailiff, ou auter Gardein de ascun Ville que ad poyar de faire execution de mesme le Statute, & si le Obligor ne pay a le Det a le jour, & rien de ses Biens, Terres ou Tenements ne purront estre troves [Page 620] deins le Gard le Maior ou Gardein avantdit, mes en auters lieux dehors, donques le Recognisee suera le Recognisance & Obligation ove un Certification a la Chancerie desouth le Seale le Roy, & il avera hors de la Chancerie un Capias al Viscount del County lou il est, de luy prender, & mitter luy en prison, si il ne soit Clerke, tanque il ad fait gree de la Dette. Et un quarter de le an apres ceo que il serra prise, il avera sa Terre deliver a luy mesme, pur faire gree a le partie de le Dette: & il poit vender sa Terre tanque il est en prison, & son vendition serra bone. Et si il ne face gr [...] e deins le quarter dun an, ou sil soit returne que il nest trove, & sil ne soit Clerke, adonques le Recognisee, poit aver Brief de le Chancery, appel Extendi facias, direct al ascun Viscount, de [...] extender les Terres & Biens, & les Biens a luy deliver, & luy seiser en ses Terres, a tener eux a luy, ses Heires & Assignes, tan (que) le Dett soit levie ou pay; & pur cel temps il est Tenant ꝑ Statute-Merchant.
Nota, que en un Statute-Merchant le Recognisee avera Execution de touts les Terres que le Recog [...] sor avoit jour de la Recognisance fait, & ascun [Page 621] temps puis, per force de m̄ le Statute.
Et quant ascun Wast ou destruction est fait per le Recognisee, ses Executors, ou celuy (que) ad son Estate, le Reconisor ou ses Heires averont mesme la Ley, come est suisdit [...] le Tenant ꝑ Elegit.
Si le Tenant per le Statute-Merchant rient ouster son terme, cestuy (que) ad droit poit suer envers luy un Venire fac' ad computandum, ou enter tantost, sicome sur Tenant ꝑ Elegit. Veies l' Statute 1 [...] E. 1. & de Acton Burnel, & 13 E. 1. de Mercatoribus.
Starr-chamber.
STar-chamber fuit un haut Court teigne in Camera stellata a Westm. devāt le Roy, les Peers & Judges, abolish ꝑ Stat. 17. Car. 2. cap. 10.
Sterbrech.
STerbrech, alias Strebrech, i. Viae Fractio, Obstructio, vel diminutio.
Stilyard.
STilyard est un parol use en le Statute de 22 H. 8. cap. 8. lou les Merchants Teutonicks sont appelles les Merchants del Stilyard, que est un lieu ē Londres lou ceux Merchants ou le Fraternity deux ad lour abode. Et c' Mease est [Page 622] dit destre issint appel, p̄ c' q̄ edefie sur un Court pres le Thames, ou Aeier soloit destre usualment vendus.
Sub poena.
SUb poena est le nosm de un Brief fait en divers Courts de Ley & Equity; viz. in Chancery & touts auters Courts a sūmoner tesmoins, & en ceo Court & en le Exchequer en Ley & Equity, & in le Common Pleas sur Informatiōs, qui tam, &c. & issint en le Crown Office sur Informations.
Suffragan.
SUffragan est un parol use en le Statute de 26 H. 8. cap. 14. & signifie un titular Evesque, ordeine de ayder & assister l' Evesque des Dioces en son Spiritual Function. Et est appel Suffraganeus en Latine, pur ceo q̄ per son Suffrage Ecclesiastical causes sont estr̄ adjudges.
Suggestion.
SUggestion est, un Information trahe en Escript, monstrans cause per aver un Prohibiton, quel est relinque en Court, & est mention en le Sat. 2 Ed. 6. cap. 13.
Summons ad Warrantizandum, &c.
SUmmons ad warrantizandum, & Sequatur sub suo periculo: Veies de ceux apres en le Title Voucher.
SUpercargo ou Supracargo.
SUpercargo ou Supracargo, est un Factor ou Agent q̄ ale ove un neif ouster le mere per order del Proprietor des Merchandizes en ceo, & dispose d'eux: Et le Master del neif est oblige a performer les Orders de tiel Factor ou Supercargo.
Supersedeas.
Supersedeas est un Br̄e que gist en divers cases, come appiert ꝑ F. N. B. f. 236. A. mes est touts foits un Precept p̄ tarier asc' Processe en Ley, q̄ auterm̄t doit ordinariment (que)ceder.
SUpplicavit.
Supplicavit est un Brief issuant hors del Chancery direct al Viscount & ascons Justices del Peace en le Countie, ou al un ou pluis Justices del Peace sans le Visc' p̄ le prender del Suretie d'un tiel vers (que) est prie, (que) il gardera le Peace: & ceo est ꝑ le Scatute 1 E. 3. c. 16. Veies F. N. B. f. 80. C. & veies ore le Statute de 21 Jac. c. 8.
Sur cui in vita.
Sur cui in vita est ū Br̄e q̄ gist p̄ l' Heir d' un Inheritrix, lou le baron alien l'Inheritāce sa feme, & le feme morust devant (que) el ad ceo recover en un Cui in vita. Veies de ceo F. N. B. f. 194. C.
SUrplusage.
Surplusage venust del Francois Surplus, id est, Additamentum, & signifie ē le Ley, ū Addition plus q̄ besoigne, (que) ascun foits est le cause que ū Br̄e abater̄, mes en pleader mults foi [...] s est absolutement void, & le residue del Plea estoyera bon.
Surrej [...] ynder.
SUrrej [...] ynder est un Respons al Rejoin [...] del Defendāt, [Page 625] ou un second enforcemēt del Declaration le Plaintif.
Surrender.
SUrrender (Sursumre [...] ditio) est le Consent d'un particular Tenant, (que) cestuy en le Reversion ou le Remainder viendr̄ maintenant al possession. Et ceo est ou ū Surren [...] ē Fait ꝑ un actual redoner [...] l Estate; on ē Ley, ꝑ acceptance d'un novel Lease, ou tiel aut' act. Veies de ceo Perkins, c. 9.
Auxi est un act fait al Seineur del Mannor ou son senescal de Estate Copy-hold, ou fait per special Custome d'ascun Mannors, a deux Copy-hold Tenants del Mannors, quel surrender, doit estre present al ꝑcheine Court Baron.
Swainmote.
SWainmote, ou Swannimote, est un Court tenus trois toits en un deins un Forrest, ꝑ le Statute de Charta de Foresta, c. 8. p̄ touts les Frāktenants del Forrest; car issint l' Etymologie del parol monstr̄, Mote en le language Norma [...] nis significant un Court, & Swain en le Saxon un Charterer, ou Franktenant: issint (que) Swainmote est le Court des Franktenants. Veies [...] c' [...] . Fo. L [...] ys, c. 23. [...] 2 [...] [...] &c. [...] large.
Swainmote, ē cest Court, Presentm̄ts [...] Offēces al Forestou [Page 626] Game sont faits & dones eins Justices en Eyr.
Syb & Som.
SYyb & Som, i. Pax & Securitas. L. L. Eccles. Canuti Regis, c. 17.
Symony.
SYmony est un Contract illoyal fait p̄ aver un home present al Rectory ou Vicarage, quel est prohibite ꝑ Stat. 31 Eliz. cap. 6.
T.
Fee-tail.
TEner en le Taile est, lou home tient certain Terres ou Tenements a luy & a ses Heires de son corps engendres.
Si le Terre soit done a un home & a ses Heires males, & il ad issue male, il ad Fee-simple; (que) fuit adjudge ē Parliam̄t. Mes lou Tr̄s ou Tenements sont dones a un hōe & a ses Heires males de son corps engendres, il ad Fee-tail, & l'issue female ne serra inherite; ut patet Anno 14 E. 3. en un Assise, 18 E. 2. 45.
[Page 627] Fee-taile est, lou Terre est done a ū home & a ses Heires de son corps engendres; & il est dit Tenant en le Taile gen ral.
Si Terre soit done al baron & feme, & al Heires de lour deux corps engendres, ore le baron & la feme sont Tenants en le Taile especial. Et si un d'eux devie, cestuy q̄ survive est Tenant en le Taile apres possibilitie d' issue extinct; & si il face Waste, il ne serra impeach de ceo. Vide Littleton.
Mes si le Roy done Terres a un home a fes Heires males, & le Donee devie sans issue male; donques le Cosin collateral del Donee ne enheritera, mes le Roy re-entra: & issint fuit adjuge en l'Exchequer-chamber 18 H. 8. en un Information fait vers l' Heire de Sir T. Lovel Chivaler.
Taile apres possibilitie.
TEner en le Taile apres possibilitie d' issue extinct est, lou Terre est done a un home & sa feme, & a les Heirs de lour deux corps engendres, & l' un d'eux survive l' auter sans issue enter eux issuant; il tiendra le Terre a terme de sa vie demesne, come Tenant en le Tail ap̄s possibilitie d' Issue extinct: & non obstāt (que) il fait Waste, il ne serra jammes impeach [Page 628] de ceo. Et si il alien, celuy en le Reversion ne avera Brief d' Entre in consimili casu, mes il poit enter, & son Entre est congeable, per R. Thorpe chief Iues;tice, 28 E. 3. 96. & 45 E. 3. 25.
Tales.
TAles est un Supplie de homes impannel' sur un Josie ou Enquest, & nient apparant, ou a [...] lour apparance challenge pur le Plaintiff ou Defendant cōe nient indifferent, & en ce [...] t case le Judge sur petition granta an Supplie destre fait ꝑ le Vic', d'ascuns homes la ꝑsent, egal en reputation ove ceux (que) fueront impannel: & sur c' le verie act [...] suppliant est appel Tales de circumstantibus. Cest supplie puit estre d'un ou pluis, & de cy plusors cōe ou ferront default ou serront challenge ꝑ asc' ꝑ [...] e. Stamf. Plac. Cor. l. 3. c. 5. Uncore cestuy q̄ avoit ad un Tales, ou sur default ou challēge, com̄t il ne poit aver un aut' uncor̄ il ne poit aver le darreine de container cy plusors cōe le prim̄: cur le prim̄ Tales doit estre desouth le nō bre del principal Pan̄el, sinon en un cause d' Appeale; & issint chesc' Tal' meins (que) aut', jesque le nombre soit repleit d homes present en Court, & tiels que sont sans exception al partie ou parties. Veies Stamford [Page 629] ē le lieu devant, ou vous poyes trover ascuns exceptiōs, al cest general Rule. Veies Brook, f. 105. & Coke, l. 10. f. 99. Bewfages Case.
Talwood.
TAlwood est un terme use en les Statutes 34 & 35 H. 8. c. 3. & 7 E. 6. c. 7. & 43 El. c. 14. & signifie tiel Bois q̄ est coup en brief Billers, pur le sizer des queux ceux Statutes fueront ordeines.
Tax & Tallage.
TAx & Tallage sont paym̄ts, come Dismes, Quinzisms, Subsid, ou tiels sēblables, grant al Roy ꝑ Parliam̄t.
Les Tenants en Ancient demesne sont quites de ceux Taxes & Tallages grants per Parliament; sinon (que) le Roy taxe Ancient demesne, come il poit quant a luy pleist pur grand cause. Veies Ancient demesne.
Tenant Paravail.
TEnant Paravail. Veies Paravail.
Tender.
TEnder est un act fait a saver un penalty d'obligation, & des denyers due p̄ rent ou contract devant distresse ou Action port, & ou doit estre plead, & ou refusal est ꝑemptory. Vide Coke, 1 Instit. 207, 208, 211. & Uncore prist.
Tenure in Capite.
TEnure in Capite est, lou asc' tient del Roy come de son Person esteant Roy, & de son Corone, come dun Seigniorie per luy mesme en grosse, & en chiefe desuis touts auters Seigniories: Et nemy lou i [...] s tient de luy come de ascun Mannor, Honor, ou Castle, sinon certaine ancient Honors; ut patet in S [...] ccario. Veies le Stat. 12 Car. 2. cap. 14.
Terme dans.
TEner a terme dans nest forsque Chattel en effect; car nul Action est maintainable envers Termor qn̄t a recoverer le Franktenement, nul Franktenement esteant en luy. Lease a Terme dans est Chattel real, & tou [...] s Biens moveables sont Chattels personal.
Testament.
TEstament est issint define ou expound en Plowdens Commentaries; Testamentum est Testatio mentis, & est compound de ceux deux parols, Testatio & Mentis, que issint signifie. Veray il est, que un Testament est Testatio mentis, mes (que) il est un compound parol, Aulus Gellius, lib. 6. cap. 12. denie ceo al un excellent Lawyer, Servius Sulpitius, & dit, q̄ il est un simple parol, come sont ceux, Calceamentum, Paludamentum, Paviamentum, & divers tiels semblables. Et mult meins est Agreementum un compound parol de Aggregatio & Mentium, com̄ est dit en le Title de Agreement; car il ny ad nul tiel Latine parol, simple ou compound: mes il poit nient obstant serve bien pur un Ley- Latine parol.
Et p̄ c' il poit issint estre melior define; Testamentum est ultimae Voluntatis justa sententia, eo quod quis post mortem suam fieri vult, &c.
De Testaments il y ad deux sorts, sc. un Testament en Escript, & un Testament per Parol, q̄ est appelle un Nuncupative Testament; q̄ est, quant un home esteant malade, & pur pavor que mort, ou fault de memorie, ou de parler, voyt vener cy sodainment sur luy, que il serra prevent, [Page 632] si il demurt le scripture de son Testament, request ses vicines ou amies de porter testmoigne de son darreigne Volunt, & donques declare ceo presentm̄t per parols devant eux, q̄ apres son decease est prove per Testmoignes, & mis en script per le Ordinary, & donques il est ē cy bone force come si c' ad al prim̄ en le vie del Testator e [...] r̄ mis en escript: except solem̄t p̄ Terres, (que) ne sont devisable forsque ꝑ un Testament mis en escript en la vie del Testator.
Thanus.
THanus est un perol q̄ asc' foits implya un Noble hom̄, asc' foits un Frank-hōe, un Magistrate, un Officer ou Minister, Lambert verbo Thanus Skene dit, que est ū nosm̄ [...] dignity, & appiert desire equal ove le fitz de un Count. Et Thanus fuit un Frank-tenant tiendront ses Terres del Roy: & un hom̄ prise ove le frang accuse de Larcenie, null bon̄ testmoign̄ esteant port vers luy, devoit purger luy m̄ per le serement de 27 hōes, ou de 3 Thanes. Thanagium Regis implia un certain ꝑt des Terres le Roy ou propertie, de que le Rule & government appertient a luy q̄ p̄ ceo est appel Thanus; car Demania D [...] gis & Thanagia significant un & mesme le chose.
Theftbote.
THeftbote est, quant home prist ascun biens dun Laron, de luy favourer & maintainer: & nemy quant home prist ses biens demesū (que) fueront emblees de luy, &c.
Le punishment en ancient temps de Theftbote fuit de Vie & de member: Mes a ore Stamf dit que il est punish ꝑ Ransome & Imprisonment. Sed quaere, car jeo pense ceo estre Felonie.
Them.
THem, hoc est, Quod habeatis totam generationem Villanorum vestrorum cum eorum Sectis & Catallis, ubicunque in Anglia fuerint inventa; excepto quod si aliquis Nativus quiet' ꝑ unum annū & diem in aliqua Villa privilegiata manserit, ita quod in eorū Communiam vel Gildam, tanquam unus illorum, receptus fuerit, eo ipso a Villenagio liberatus est.
Tithes.
TIthes. Veies Dismes.
Title.
TItle est, lou loyal cause est veigne a un home de aver chose que auter ad, & il nad ascun Action pur ceo; come Title de Mortmain, [Page 634] ou de enter pur Condition enfreint.
Title de Entre.
TItle de Entre est, quant un seisie de Terre en fee fait Feoffment de ceo sur Cō dition, & le Condition est enfreint: apres quel, le Feoffor ad Title de entre en le Terre, & issint poit quāt a luy pleist, & per son Entrie le Franktenement serra dit en luy maintenant.
Et est appel Title de Entre pur ceo que il ne poit aver Br [...] ef de Droit envers son Feoffee sur Condition, car son droit fuit hors de luy per le Feoffment, le quel ne poit estre reduce sans Entr̄, & le Entr̄ doit Estr̄ pur le enfreinder de le Condition.
Toft.
TOft est un lieu en que un Mease fuit un foits esteant, mes est ore tout eschue ou erase.
Tol, ou Tolne.
TOl ou Tolne est pluis proper [...] ent un payment use en Cities, Villes, Markets & Fairs, pur biens & cattals port la destre achate ou vende: & est touts foits destre pay per le Achatour, & nemy per le Vendor, finon que soit ascun Custome al contrarie.
[Page 635] Il y ad divers auters Tols; come Turn Tol, que est lou Tol est pay pur Avers queux sont drives destre vendus, coment que ils ne sont vendus.
Tol travers est, lou un claime daver un ob. ou tiel semble Tol, de chescun Beast drive sur son terre.
Through Tol est, lou un Ville prescribe de aver certain Tol pur chescun Beast que ale through lour Ville, ou pur chescun vint ou cent: (que) ne appiert destre cy unreasonable Prescription ou Custome, come ascuns ont suppose, nient obstant il soit per le Hault chimin del Roy, (sicome ils ceo appel) lou chesc' poit loyalm̄t pass, si y ad quid pro quo: Come si la soit un Pont, ou tiel semblable commodity, purvey al costs & charges del Ville, pur le ease [...] travailers que chase mesme voy, per que lour journey est ou abridge ou fait le melieur, pur que donques ne poit Tol estre demand loyalm̄t & ove bone reason de eux? &c.
Mes divers Citizens & Burgesses sont quite de payer Tol, per le grant del Roy ou ses ancestors, ou claime c' per Prescription ou Custome. Issint auxy Spiritual persons & Religious homes fueront quite de Tol pur lour biens & merchandizes achate & vendus, &c. Mes ore le Statute del 21 H. 8. c. 13. voit que ils ne merchandisera.
[Page 636] Item Ten̄ts en ancient demesne doient estre quite per toute le Realme [...] payer Tol, cōe appiert devāt en le Title Sockman. Et en touts cases ou Tol est demand de eux (que) doyent aler, achate, & vende quire de Tol, la le party ou parties greeve poyent aver un Brief De essendo quietum de Totonio, direct a luy ou ceux que issint demand Tol contra al grant le Roy ou ses progenitors, ou contra al Custome cu Prescription.
Tolt.
TOlt (Tolta) venust del Latine tollo, & est un Brief ꝑ que un Cause dependant en un Court-baron poit estre illonques remove en le County Court devant le Viscount Veies de ceo Fitz Nat. Brev. fol. 3. F. & Veil. N. B. f l. 2. a.
Tonnage.
TOnnage est un Custom̄ ou Impost pay al Roy pur merchandize import ou export en Tuns; ou asc' tiels vessels, solon (que) un certaine rate en chesc' Tun. Et de c' poies lier en les Statutes de 12 E. 4. c. 3. 6 H. 8. c. 14. 1 E. 6. c. 13. & 1 Jac. c. 33. mes especialment 12 Car. 2. c. 4.
Totted.
TOtted est un term̄ use en le Statute de 42 E. 3. cap. 9. & signifie un Note destre fait en le Rolle des Estreats (que) issuit hors del Exchequer al Visc', des touts tiels Debts come sont payes al Visc' issint (que) ne poyēt estr̄ aut' foits deman [...] del party, ne le Roy deceive. Veies le Statute.
Transcript.
TRanscript, ceo pluis com̄unem̄t signifie le certification d'un Record sur Br̄e d' Error hors de B. le Roy en Ireland en B. R. en Angl', & de cel Court en la Court de Exchequer Chambre, car le Record mesme nest certifie, mes un transcript: Mes hors de C. B. & auters inferiour Courts le Record, est tout oustrement toll ꝑ le Br̄e d' Error, & remain in B. R. Coke Entr. 2. 24, 37.
Travers.
TRavers asc' foits implia a Denyer, ascun foits a Subverter ou defaire un chose fait. Pur le prim̄, Westm. p. 2. sect. 54. parlante d'un Respons a un Bill en le Chācery, dit, Que il est c' q̄ le Defendant pleade ou dit en barre de avoider le Bill del Pl' ou Action, ou ꝑ confession & avoydance, ou per deniant & traversant des material points du yeel; Et arere Sect. 55 un [Page 638] Replication est le parlance del Pl' ou Reply al Respons del Defendant, q̄ doit de affirmer & pursuer son Bill, & conusire, & avoyder, denyer, ou traverser le Respōs del Defendant; & les formal parols de cest Travers sont, Sans ceo, ou en Latine, Absque hoc. Veies Kitch. fol. 227.
L'auter significatiō est trove en Stamf. Prerog. cap. 20. per tout le Chapter, que parlāt del Traversing d'un Office, dit, Que c' est [...] lens auter forsque approver que un Inquisition fait de biens ou terres per le Esch aror est defective, & fauxment fair. Issint Traversing d'un Indictment est, a prender Issue sur le prim̄ matter du yeel, que est riens auter que a faire contradiction, ou denyer le point [...] l Endictment: Com̄ en Presentment vers A [...] ur un Hauit chimin surround ove eau, pur defaulte de escourance d'un Fosie (que) il & ceux (que) Estate il ad en certain̄ Terres l [...] ont use d' escowrer & clenser, A poit traverser ou le matter, cest adire, Que la nest asc' Hault chimin la, ou que le Fosse est sufficient escowre, ou auterment il poit traverser le Cause, Que il nad le Terre, &c. ou que il & ceux que Estate, &c. ont use de [...] scowrer le Foste, Lamb. [...] t Eirenarci [...] . l [...] b. 4. pag. 521. de Travers. Veies tout le Chapter en Kitch. fol. [Page 639] 240. & le Veil Livre de Entries, verbo Travers.
Treason.
TReason est en deux manners, cestascavoire, hault Treason, & petit Treason, com̄ est ordeine per les Statutes. Et ideo vide Statuta, & Stamford, lib. 1. cap. 4.
Treasure trove.
TReasure trove est, quant asc' Money, Ore, Argent, Plate, ou Bullion est trove en asc' lieu, & nul conust a que le property est; donques le property de c'appertient al Roy. Mes si ascun Mineral de Metal soit trove en ascun terre, ceo touts foits pertient al Seignior del Soile, fors (que) que il soit Mineral del Ore ou Argent, queux serroit touts foits al Roy, en quecunque soile q̄ il soit trove.
Trespas, Transgressio.
TRansgressio est un Brief ou Action de Trespas, de queux la sont deux sorts. L' un Vicountiel, issint appel, pur ceo q̄ il est direct al Visc', & nest returnable, mes destr̄ determine en le Countie: Le forme de (que) differt [...] l auter, p̄ c' que nad ceux parols, Quare vi & armis, &c. F. N. B. fol. 85. g. L' auter est direct al Visc' auxy, mes est [Page 640] returnable en Bank le Roy ou le Common Bank, & avoit touts foits en ceo ceux parols, Quare vi & armis, ou auterment il abatera, come appiert en Fitz. N. B. fol. 86. h; sinon que soit un Trespasse sur le Case, & adonq' les parols, Vi & armis sont waive hors, & en lieu d'eux le Brief dirra en le fine de c', Contra pacem, &c. come appiert en F. N. B. fol. 92. c. Et uncore en ascuns cases Trespasse sur le Cise serra Vi & armis auxy, coment que nemy en le point del Action, ou le causa causata, uncore en le conveyance al Action, & le causa causante, come est bi [...] n distinguish ē le Count de Salops Case, in Coke, l. 9. 50. b.
Trial.
TRial, la sont plusors mannersd ceo: come des matters en Fact, que serront trie ꝑ les Jurors; matters en Ley, per les Justices; matters de Record, per Record m̄ Un Seignior de Parliament, sur Indictment de Treason ou Felonie, serra trie per ses Peers, sans ascun S [...] rement, sur lour Honours & Allegiances; mes en Appeale al Suit de ascun subjects is serra trie per pro [...] os, & legales homines. Si Ancient Demesne soit pleade de un Mannor, & denie, c' serra trie per le Record del [...] de [...] en l' Eschequer. [Page 641] Un Apostata serra certifie per le Abbot ou auter Rel [...] g [...] ous Governour a que il doit Obedience. General Bastardie, Excon mengement, [...] oyaltie de Matrimonie, Profession, & divers auters matters Ecclesiastical, serront tries per le Certificate del Evesque. Et un grand number des auters Trials la sont, de queux veies Coke lib. 9. le Case [...] le Abbot del Strata Marcella. fol. 23.
Per testes De morte viri in Dower, ou le Tenāt plead q̄ le Baron del Demandant est vivant. Rast. Entr. 228.
Tronage.
TRonage, est un certaine Toll prise p̄ Weighing. Westm 2. c. 25. & 13 Edw. 1.
Trover.
TRover est un Action que home ad vers un auter, que aiant trove ascun de ses biens, refusa a deliver eux sur demande. Veies le Veil Livre de Entries, parol Trover.
Tumbrel.
TUmbrel, veies en le Title Cuckingstool; & veies le Statute de 51 H. 3. cap. 6. pur le use de ceo.
Turbary.
TUrbary (Turburia, del vieux Latine ꝑol Turba, q̄ fuit use pur un Turf) est un interest de foder Turfs sur un Common: Et trovers un Assise port dun tiel Common de Turbary en 5 Assise, pl. 9. & 7 E. 3. fol. 43. b.
Turne del Viscount.
TUrne del V [...] scount est un Court de Record en touts choses (que) ꝑtain̄ al Turn, & est le Leet le Roy per tout le Countie, & le Visc' est Judge. Et quecunque ad un Leet, ad mesme le authority deins le Precinct sicome le Viscount ad deins le Turne.
Ce [...] Court est destre tenus deux foits chescun an, un foits apres Pasche, & arere puis Michaelm̄, & c' deins un mois apres chesc' Feast, An. 31 E. 3. cap. 15. De cest Court sont exempt solement Archievesques, Evesques, Abbots, Priors; Countes, Barons, Religious homes & femes, & touts ceux queux ont Hundreds de lour demesne destre tenus. Cest Court est apperteinant & incident al Office [...] l Visc' & ne doit estre sever de ceo; & le Vise' est de constituer Clerk south luy en c' Court, tiels p̄ que il voile a son peril [Page 643] responder: Mes il ne poit ꝑscriber de prender asc' chose p̄ le tener [...] son Turne, p̄ ceo que il est un Officer removeable. Veies Coke, l. a. 33 & l 6. 12. & Daltons Livre de Viscounts. tit. Sheriffs Turne.
V.
Vacation.
VAcation. Veies Plenartie.
Vagabonds.
VAgabonds, sont idle & inutile homes, puniable per Stat. 39 El. 4. & 1 Jac. 7. & 25.
Value del Marriage.
VAlore Maritagii est un Br̄e que gisoit p̄ le Sn̄r vers son Gard, p̄ recover vers luy le Value de son Marriage a son plein age, p̄ ceo que ne fuit marrie ꝑ son Sn̄r deins age. Et ceo Br̄e gisoit coment que le Seignior ne unques tender al Gard ascun convenable Marriage. Veies Palmers Case, Coke l. 5. f. 126. b. & le Stat. 1 [...] Car. 2. c. 24.
Venditioni exponas.
VEnditioni exponds, est un Judicial Brief direct al Viscount a vender biens seize ꝑ un Fieri facias.
Venew.
VEnew (Vicinetum) est un terme use en le Stat. [...] 35 H. 8. c. 6. & frequentm̄t ē nr̄e Livres, & signifie un lieu prochein a ceo lou ascun chose (que) venust destre trie est suppose destre fait. Et pur ceo pur le mellor discoverie del veritie del matter en fait sur chesc' Trial, ascun des Jurors serront del mesme le Hundred, ou asc' foits de mesme le Parish ou Neighbourhood, en que le chose est suppose destr̄ fait, queux per entendment poient aver le melieux conusance [...] l chose. Veies Arundels Case, Coke, l. 6. f. 14 a.
Venire facias.
VEnire facias est un Proces direct al Viscount, ou as Coroners (si le Viscount est estallenge) a summon un Jury a tryer un Issue joine ꝑenter partie & partie, ou le Roy & un Subject; & est auxy un Proces super Audita Querela, ou sur Indictment en Bank le Roy, & Venire facias ad computandum vers Tenent per Elecit.
Verderor.
VErderor est un Officer ē les Forrests del Roy, essieu ꝑ les Franktenants del Countie lou le Forrest est, ꝑ Brief direct al Visc' [...] c' faire, come appiert per les Livres del Register, & del Natura des Briefs: & sont appelles en Latine Viridarii, de le parol Viridis, en Anglois Green, en Francoes Verd; car ū grand ꝑt de lour Office est touchant le Verd, cestascavoir, le Boies & Herbes cressant en le Forrest; p̄ quel veies pluis en le Charter & Leys del Forrest.
Verge.
VErge est le Compass environ le Court le Roy q̄ limit le Jurisdiction del Seignior Seneschal & del Coroner del Hostel le Roy issint q' il ne poit intermeddle deins le Countie hors del Verge, p̄ ceo que son Office ne extende a ceo; come le Coroner del Coūtie ne entermedler̄ deins le Verge, que est exempt hors de son Office ꝑ le Common Ley. Et semble enconter reason, que lour Offices & Jurisdictions esteant several, l' un entermedlera deins le Jurisdiction del auter. Et cel Verge semble destre douze milliares. Veies 13 R. 2. Stat. 1. c. 3. F. N. B. f. 241. Britton, [Page 646] f. 86. Fleta, l. 2. c. 2. Coke, l. 4. f. 46. 33 H. 8. c. 12.
Verge en un auter signification est use p̄ un Stick ou Rod ꝑ que un est admit Tenant & tiendront ceo en son maine, fait Serement de Fealtie al Seignior del Mannor, & pur ceo est appel Tenant per le Verge. Veies Veil N. B. f. 17. & Littl. l. 1. c. 10.
Vert.
VErt venust de Francois Verd, & signifie ovesque nous en les Leys del Forrest chescun chose que cresce & port un fueille verde deins le Forrest: & est divide en over Vert & nether Vert. Over Vert est le Hault Bois, & nether Vert est le South Bois. La est auxy en Forrests un Vert appel special Vert, & c'est touts Arbres crescants en les demesne Bois le Roy deins le Forrest, & touts Arbres queux crescōt ley ē les Bois [...] s aut's, sils sont tiels Arbres queux portont fruicts p̄ le fod [...] des Dames: & ceux sont dits special Vert, p̄ ceo q̄ le destroyer de tiel Vert est pluis grandm̄e punie q̄ le destruction d' auter Vert est. Veies Manwoods For. Leys, c. 6. f. 5 2. a.
Vicountiels.
VIcountiels sont Fermes issint appelle, p̄ quel le Visc' paye certien Rent al Roy, & fait le melieur ꝓfit [...] ceux q̄ il poit. Vies le Stat. 33 & 34 H. 8. c. 18.
View.
VIew est, quant ascun Action real est port, & le Tenant ne scavoit bien quel Terre il est que le Demandant demand; donques le Tenant priera le View, sc. que il poit veier le Terre q̄ il claima. Mes si le Tenanc ad ew le View en un Brief, & puis le Brief est abatus per misnosmer de le Ville, ou pur Joyntenure, & puis le Demandant port un auter Brief vers le Tenant; donques le Tenant navera le View en le second Brief.
View de Frank pledge.
VIew de Frank pledge (Visus franci plegii) est le poyar [...] ten̄ un Tourn̄ ou Leet, en queux Courts chesc' Frāke-hōe en ancient temps deveigne lye ove Sureties al age de 14 ans pur son Fidelitie al Roy & ses subjects. Et sur ceo ceux Courts fueront appels le View [Page 648] de Frank pledges, cestascavoir, des tiels Frank-homes queux deveignont icy Pledges ou Sureties l'un p̄ l'auter. Veies Deciners.
Vi Laicaremovenda.
VI Laica removinda est un Brief que gist lou Debate est perenter deux Parsons ou Provisors d'un Esglise, & l'un enter en l'Esgllse ove grand power [...] Lay-hōes, & tient l' auterdehors ove force & arms; celuy (que) est tenus deliors aver̄ le dit Brief direct al Visc', que il remova cest power que est deins l'Esglise: & serra command al Visc', q̄ sil trove asc' hōes luy resistant, q̄ il p̄ndra ovesque luy la Poyar de son Countie, si besoigne soit, & ferra attache per lour corps touts ceux luy resistants, & les mittera en prison, issint q̄ il eyt lour corps devant le Roy a certeine jour, de responder del Contempt. Et cest Brief est retournable, & ne serra grant, devant que l' Evesque del lieu lou tiel Esglise est eyt certifie en le Chancerie tiel Resistence & Force.
Villein & Villeinage.
TEner en pure Villeinage est, a fair̄ tout ceo que le Sn̄r luy voit commander.
[Page 649] Le division de Villainage est, Villeine de sanke, & de tenure. Et il est Villein de que son Sn̄r prent Redemptiō de sa file marrier, & soy mesm̄ enfranchise: & le Seigniour puit luy ouste de ses Terres ou Tenements a sa Volunt, & auxy de touts ses Biens & Chateux.
Sockman nest pas puer Villein, ne Villein doit pas Garde, Marriage, ne Relief, ne fair auters Services reals.
Tenure en Velleinage ne ferra Frank home Villein, sil ne soit continue ouster le tēps de memory: ne villein terre ferra Frank home Villein, ne frank terre ferra Villein frank; sinon que le Tenant avoit cō tinue frank ouster le temps de memory.
Mes un Villein ferra Frank terre villein per Seisin, ou ꝑ Claime de son Seignior.
Si Villein purchase Terre, & prent feme, & alien, & devy devant le Claime ou Seisin de son Seigniour, la feme serra endowe.
En case le Seigniour port Praecipe quod reddat envers le Alienee son Villein, le quel vouch a garranter le issue de le Villein q̄ est Villein al Seigniour il avera le Voucher. Et per protestation le Seigniour poit (non obstant que il plede ove son Villein) save que son Villein ne ferra my enfranchise.
Bastard ne serra jammes [Page 650] adjudge Villein, sinon ꝑ conusans en Court de Record.
Si Det soit due per un Sn̄r a un Frank home, & il face deux homes ses Executors les queux sont Villeins al dit Seigniour, & devie, les Villeins averont Action de Det envers lour Seigniour. Et nient obstant que il plede ovesque eux, & if face protestation, ils ne serront pur tant enfranchise; pur ceo que ils sont de recover le Det al use de ū auter person, cestascavoir, lour, Testatour, & nient a lour use demesne.
Et si le Tenant en Dower eyt un Villein, le quel purchase certain Terre en fee, & puis le Tenant en Dower enter; el avera le Terre a luy & fes heires a touts jours. Et mesme le Ley est de Tenant a terme de ans de un Villein.
Le Seigniour poit rob, nau frer, & chastifer son Villein a son volunt: salve que il ne poit luy maim, car donques il avera Appel de maihem envers luy.
Un Villein poit aver trois Actions envers son Seigniour; cestascavoir un Appeale de mort son ancestor, un Appeale de Rape fait a sa fem̄, & un Appeale [...] maime.
Si deux Parceners port Brief de N [...] efty, & l'un de cuu soit Nonsuit, le Nonsuit de luy serra adjudge le Nonsuit [...] ambideux, issint (que) si le [Page 651] Nonsuit soit ap̄s Appearāce, ils serront barre de cest Actiō a touts jours; car le Ley est tiel in favorem Libertatis.
Si deux ount un Villein en common, & l' un [...] eux fait a luy Manumission, il ne serra my infranchise envers ambideux.
En Brief de Nativo habendo, il covient que le Sn̄r monstre coment le Defendant aveigne privy de sank a celuy Villein de que il est Seigniour, &c. Et si il ne nul de ces ancestors ne soit seisie de nul de son sanke, il ne gainera per son Action, si le Villein nad pas conus en Court de Record luy estre son Villein.
En un Brief de Niefty ne purōt estr̄ mis plusors Niefes (que) deux; & hoc introductum fuit prius in odium Servitutis. Mes en Br̄e de Libertate probanda, purront estre mis tants Niefes come le Plaint voudera.
Si le Villein soit fue en Ancient Demesne del Roy, ou auter Viile priviledge, deins lan & jour le Seignior poit luy seiser; & sil demurt en la dit Ville ou lies Franchise per un an & jour, sans le seisine de son Seignior, il nad my power [...] luy seisie apres, si il ne va dehors de suisdit Franchise.
Ascuns sont Villeins per title de Prescription, cestascavoire, que tout lour sanke ont este Villeins regardants [Page 652] a le Mannor du Sn̄r de temps dont memory ne eurr.
Et ascuns sont fait Villeins per lour Confession ē ū Court de Record. Auxy le Sn̄r poit faire un Manumission a son Villein, & luy infrachise a tout jours.
Si le Villein port ascun Action vers son Sn̄r, si ne soit Appeale de maihem, & le Seignior a ceo sans protestation fait respons, per ceo le Villein est franches.
Auxy si un Villein p̄chase Terre, & ad Biens, & vend les Terres & Biens devant ascun Entre ou Seism fait ꝑ le Sn̄r, la vender est bon̄. Mes le Roy. Sn̄r de Villein en tiel case poit enter & seisier le Terre apres tiel ven itiō fait: Quia nullum tempus occurrit Regi.
Note, que cel title & tenure sont abolie ꝑ Statute Car. Secundi R.
Villenous judgement.
VIllenous judgment est ceo que est done sur un Indictment del Conspiracy, scilicet, que le party trove culpable perdera son franke Ley, ne serra plus mise en Juries ou Assises, ne aylors en Testmoignance del veritie: & sil ad a faire en Courts le Roy, que face son Attourney, & nemy vien̄ en son person demesn̄: [Page 653] que ses Terres, Biens & Chattels sont seisies en maines le Roy, & estrepes, sil ne poit melior grace aver, & ses Arbres erases, & son Corps imprison. Veies 24 E. 3. fol. 34. b. & 27 Ass. pl. 59.
Virgata terrae.
Virgata Terrae. Veies Yardland.
Viscount.
VIscount est ou le nosme de ū degree ou state de Honor soubs ū Coūtee, & paramount ū Baron; ou le nosm̄ [...] ū Magistrate & Officer del grand Authority, (que) nous communement apellom̄ ( Sheriff) ou, de parler pluis veraimēt, ( Shire reve,) & fuit al prim̄ appel ( Shire gereve) cest adire, Custos Comitat', ou le Reve ou Ruler del Countie; car ( Gereve) est derive de Saxon ꝑol ( Gerefa) i. un Ruler.
Et de c' vient ( Portreve ou Portgreve,) un nosme en veil tēps don̄ al chief Officer d'un Ville, & signifie le Governor del Ville; p̄ ceo que ( Port) veniens de Latine ꝑol ( Portus) signifie un Port-ville, & ( Gereve) esteant derive cōe est avantdit signifie ū Ruler: issint que Portgreve, ou, come nous a ore briefment ꝑle e', Portreve est le Governor del Ville.
[Page 654] Et iffint fuit le chief Officer ou Governor del Citie de Londres long temps past (devant que ils ad le nosme del Maior ou Bailiffs) appel cōe il appiert en divers vieulx minuments; mes principalm̄t en le Saxon Charter de Guilliam le Conquerour, que issint commence:
William le King greit William Biscop, & Godfrey ges Portgerefant, & dalle tha Burwatren theon Lon [...] , beon, &c.
Issint is de Germany (de (que) nous & nour̄ Language primerm̄t vient) appel un Governor Burgreeve, ū auter Margreve, & ū auter Landsgreeve, ove tielx semblables, &c.
Cest tant est dit tant solement p̄ monstre le droit Etymon & Antiquity de parol ( Sheriff;) a quel Officer nostr̄ Common Ley ad touts foits done si grand confidence & authority, cōe destre un special Preserver del Peace. Et p̄ ceo touts Obligation que il prist a m̄ le purpose, sont cōe Recognisances en Ley.
Il est un Judge de Record quant il tient les Leets ou Turnes, les queux sont Courts de Record.
Item il ad le Execution & Return des Bri [...] fs, & impannelling des Juries, & tiels sē blables, &c.
Vncore prist.
UNcore prist est un Plee pur le Defendant en Det sur Obligation, que esteant sue pur ceo, que ne paya le Det al jour, plead, pur saver le Forfeiture, q̄ il render, les deniers al jour & lieu, & que nul fuit la pur receiver, & dit ouster, que il est uncore prist, de payer. Et lou home doit pleader ouster uncore prist, & lou nemy, veies en Perkins, sect. 783, & 784. & Coke, lib. 9. fol. 79. a, b. en Peytor's Case.
Volunt.
VOlunt est, quant le Tenant tient a le Volunt del Lessor, ou Sn̄r: & ceo est ē deux manners.
Un est quant jeo face Leafe a un hom̄ de Terres, a ten̄ a ma Volunt, donques jeo puisse luy oust' a mon pleasure: mes si il emblee le Tr̄e, & jeo luy ousta, donques il avera son Embleement, & egresse & regresse jesques ils sont mature, pur eux scier & carier hors del terre.
Tiel Tenant a Volunt rest pas tenus de sustainer & repairer le Meason, sicome Tenant a terme de ans est tenus: Mes si il fait voluntary [Page 656] Waste, le Lessor avera vers luy un Action de Trespasse.
Auxy la est auter Tenant a Volunt del Seigniour, per Copy de Court-Roll, solouque le Custome de Mannor: & tiel Tenant poit surrender le Terre en les main̄s le Sn̄r, per le Custome, al use d'un auter p̄ vie, en fee, ou fee taile; & donques il prendra le Terre del Seigniour, ou son Seneschal, per Copy, & ferra Fine al Seigniour. Mes si le Seignior ousta tiel Tenant. il nad remedy mes de suer per Petition. Et si tiel Tenant voile impleade un auter des Terres, &c. il covient enter un Plaint en le Court, & countera en le nature del quel Brief il voit, sicome le case gist.
Voucher.
VOucher est, quant un Praecipe quod reddat de Terre est port vers un home, & un auter doit garrant le Terre al Tenant; donques le Tenant luy vouchera a Garrantie, & [...] ur ceo il avera un Brief appel Summoneas ad Warrantizandum. Et si le Viscount retourne que il nad ri ens per que il poit estre summon, donques issera, Brief appel Sequatur sub suo periculo. Et quant il vie [...] , il pleadera ovesque [Page 657] le Demandant. Et sil ne vient, ou vient, & ne poit barre le Demandant, donques le Demandant recovera le Terre vers le Tenant, & le Tenant recovera tant de Tr̄e en value vers le Vouchee; & sur ceo il avera un Brief appel Capias ad valentiam vers le Vouchee.
Vide plus de Voucher devant, Tit. Garrantie.
Vses.
USes de Terre ad son commencement apres que le custome de Propertie commence enter homes: cōe ou un esteant seisie de Terres en Fee-simple, fait un Feoffm̄t al un auter sans asc' Consideration, mes solem̄t meaning que l' auter serroit seisie al son Use, & (que) il mesm̄ voile p̄nder les Profits de les Tr̄es, & (que) le Feoffee doit aver le Possession & Franktenem̄t de ceo al mesme le use, &c.
Ore ap̄s ceo, sur bone Considerations, & p̄ avoider divers mischiefs & inconveniences, fuit le Statute de An. 27 H. 8. c. 10. purview, quel unite le Use & Possession ensemble, issint que il que ad le Use de Terre, ad le Possession de ceo, accordant al Use q̄ il avoit en ceo, ꝑ vertue de cest Statute.
Vsurpation.
USurpation est, pluis communement use quant ascun present un Rector ou Vicar al Esglise sans bon title. Stat. Westm. 2. cap. 5. Co. 6. Rep. 51. & 11 Rep. 33.
Vsury.
USury est un Gaine d'asc' chose ouster le Principal, ou ceo que fuit lent, exact solem̄t en consideration de le Loan, soit il [...] Corne, Viand, Apparel, Wares, ou tiels semblables, come de Monie.
Et icy mult poit estre dit, & divers Cases mis concernants Usurie, le q'ux [...] p̄pose jeo omit: solem̄t jeo pria, q̄ ceux que accompt eux mesmes religious & bone Christians ne voilent deceive eux mesm̄s per colour de le Statute de Usury, p̄ ceo q̄ le Statute dit, q̄ il ne serra loyal p̄ ascun de prender ouster vi. l. en le C. l. pur un an, &c. ꝑ que ils collect (mes fauxment) que ils poyent per ceo prender vj. l. pur le Loan d' un C. l. ove un bone Conscience, pur ceo que le Statute solonque un manner dispense ove ceo, (p̄ ceo q̄ il ne punishe tielx prē dors.) Car Dieu voile aver ses Decrees observe inviolable, q̄ dit, Lend, expectant nul chose [Page 659] pur ceo, &c. Per queux ꝑolx est exclude le prisel de vj. l. v. l. ou de un denier ouster le Principal. Mes plus pensant tiels, q̄ cest Statute fuit fait sur tiel semblable cause que movant Moses de doner uu Bill de Divorce a les Israelites, come nosmem̄t p̄ avoider un greinder mischief, & p̄ le duritie de lour coeurs.
Et le Statute de 21 Jac. c. 17. ad Ordeine expressement, que nul parol en cest Ley serr̄ construe ou expound p̄ allower le practice del Usurie en point de Religion ou Conscience.
Per le Statute de 13 Eliz. c. 8. le Loan Monie fuit 10. l. per Cent. per 21 Jac. c. 17. 8. l. per Cent. & ore per le Statute 12 Car. 2. c. 17. ceo est reduce al 6. per Cent.
Vtlary.
UTlary est, quant Exigent issist vers ascun home, d' appearer en asc' Court de faire Respons al asc' Action ou Indictment, & Proclamation fait en cinque Counties; si le Defendant ne appeare, donques le Coroner donera Judgm̄t que il serra hors de ꝓtection de Roy, & hors del aide le Ley.
Per tiel Utlary en Actions personals, le partie utlage forfeiter̄ touts ces Biens & Chateux al Roy.
[Page 660] Et per Utlarie en Felonie, il forfeitera auxybien touts ses Tr̄es & Tenem̄ts que il ad en Fee-simple, ou pur terme de sa vie, come ses Biens & Chateux.
Auxy mesque un home soit utlage, uncore si asc' Discontinuance ou Errour soit en la Suit del Proces, le partie de ceo avera l' advantage, & per tiel cause l' Utlagarie serra reverse & adnulle.
Si le partie defendant soit ouster la Mer al temps del Utlagarie pronounce, ceo est bone cause de Reversal.
Si un Exigent soit agard vers un home en un Countie lou il ne demurrer pas, uncore un Exigent ove Proclamation issera al Countie lou il demurre; ou auterment sil soit sur ceo utlage, Utlagarie poit estre reverse, come appiert ꝑ le Statute fait An. 6. & a H. 8. cap. 4.
Auxy si un soit utlage en Action personal al Suit d'un auter, & puis il purchase son Charter de Pardon de Roy, tiel Charter ne serra jam̄ais allowe, tan (que) il ad sue un Brief de Scire facias de garner le ꝑtie Plaintiff; & sil appeare, donques le Defendant respondera a luy, & luy barrer̄ [...] sa Action, ou auterment ferra Agreement ovesque luy.
Vtlepe.
UTlepe significat Escapium (hoc est Evasionem) Latronum. Fleta lib. 1. cap. 47.
Vtrum.
UTrum est un Brief que gist quant le Droit d'ascun Esgllse est aliene & tenus en Lay-fee, ou translate en possession d'auter Esgllse, & Alienor devie; donques son Successor avera le dit Brief per que un Enquest serra charge de trier, Utrum sit Libera eleemosina Ecclesia, vel Laicum feodum.
Et nota, que nul que ad Covent ou Common seale poit mainteiner cest Brief, mes Brief d' Entre fine assensu Capituli, d' Alienation fait ꝑ son Predecessor.
W.
Wage.
WAge est le Donant securitie pur le performance d' asc' chose: come a gager Ley, & a gager Deliverance, queux veies devant en Gage. Nul gagera Ley encounter le Roy, Brook tit Chose en Action, num. 6. Veies L [...] y.
Waife.
WAife est, quant un Laron ad felouioufment emblee Biens, & esteant neerment pursue ove Hue & crie, ou auterment surcharge ove le burden ou trouble des Biens, p̄ son ease & plus speedie travaile, sans Hue & crie, fua, & waiva les Biens ou asc' part d'eux arere luy, &c. donques l'Officer del Roy, ou le Reeve ou Bailiff al Seignior del Mannor, (deins que Jurisdiction ou Circuit ils fueront waife) que per Prescription ou Grant de Roy ad le Franchise de Waife, poyent seiser les Biens issint Waife al use de lour Seignio [...] s, que poyent retaine eux come ses ꝓper Biens, sinon que l'Owner vient ovesque fresh Suit [Page 663] apres le Felon, & sue un Appeal, ou done en Evidence envers luy al son Arraignmēt sur l'Indictment, & il est attaint de ceo, &c. En queux cases le primer Owner avera Restitution de ses Biens issint emblee & waife.
Mes niēt obst' comēt ad este dit, Waife est ꝓperm̄t [...] Biens emblees, unc' Waife poit estr̄ auxy de Biens nient emblees: Cōe si un hōe soit p̄sue oves (que) Hue & Cry come un Felon, & il sue & relinquish ses Biens demesne, &c. ceux serr̄ prise come Biens Waife, & forfeit come sils ad este emblees.
Mes veies Foxley's Case, Coke l. 4. f. 109. b. que ceux ne sont bona waviata, sed bona Fugitivorum, queux ne sont forforfeits tan (que) soit trove devāt le Coroner, ou auterm̄t [...] record, que il fua p̄ le Felonie.
Waive.
WAive est un Feme que est Utlage; & il est appelle Waive, quasi relicta a Lege, & nemy Utlage, come home est: car femes ne sont jures en Leets al Roy, ne al Ley; come homes sont, que pur ceo sont deins le Ley; & pur cest cause ils ne poyent estre dit Utlage, entant que ils ne unques fueront deins ceo. Veies Fitz. N. B. fol. 161. A.
[Page 664] Mes un home est die utlage, pur ceo que il fuit un foits jure a le Ley: Et a ore pur contempt il est mis hors del Ley, & dictus utlagatus, quasi extra Legem positus.
Wapentake.
WApentake est tout un ove c' q̄ nons appellomus Hundred, come appiert per Bract. l. 3. tract. 2. c. 1. num. 1. in fine. Lembers, en son Explication [...] Saxon ꝑols, verbo Centuria, [...] it, Que cest parol Wapentake est plus especialmēt use a cest jour en les Pays ouster le fluve de Trent: Et en les Leyes del Roy Edw. (per luy publie) num. 33. il est fore plaine en ceux parols, Et quod Angli vocant Hundredum, suprad' Comitat' vocant Wapentakium.
Les Statutes An. 3 H. 5. c. 2. & An. 9 H. 6. c. 10. & Anno 15 H. 6 c. 7. sont mention [...] Stainctise Wapentake, & Friendless Wapentake en Craven en le County [...] Everwicke. Veies Roger Hoveden, part. poster. Annal. fol. 346.
Warden.
WArden est de mesme signification come est le parol Fran [...] ois Gardeine, & p̄ c' veies pluis en le Title Gardein: [Page 665] Mes il est le pluis usual parol in Anglois, pur luy q̄ ad le Custodie ou charge de ascun person ou chose ꝑ Office; come Wardens [...] Fraternities en Londres, Anno 14 H. 8. c. 2. Warden Courts, An. 31 H. 6. c. 3. Warden del Marches, Anno 4 H. 7. cap. 8. Ferry Warden, An. 18 Eliz. c. 10. & An. 27 Eliz. cap. 26. Wardens del Peace, An. 2 Ed. 3. cap. 3. Wardens del West-Marches, Cambden Brit. pag. 606. Warden del Forrest, Manwood part 1. p. 111, 112. Warden del Alnage, An. 18 H. 6. cap. 16. Warden del Armour le Roy en l' Tower, An. 1. E. 4. c. 1. Chiefe Warden del Forrest, Manwood part. 1. pag. 42, 43. Warden del Wardrobe le Roy, An. 5 H. 3. Stat. 5. Wardens des Tables del Exchange le Roy, An. 9 Ed. 3. Stat. 2. c. 7. & An. 9 H. 5. Stat. 2. c. 4. Wardens des Rolles del Chancery, An. 1 E. 4. c. 1, & 5. Wardens & Communaltie des Terres contributory ad Rochester Bridge, An. 18 Eliz. c. 17. Et Wardens des Courts de Stannaries, 4 Instit. 230.
Wardmote.
WArdmote est un terme mention en l' Stat. d 32 H. 8. c. 17. & signifie ū Court (que) est ten' ē chescun Ward en Londres, & est usualment [Page 666] appel Wardmote-Court, ou l' Wardmote-Inquest.
Warrantie.
WArrantie. Veies Garrantie.
Warrantia chartae.
WArrantia chartae est un Brief q̄ gist pur cestuy que est infeoffe ove Garrāty, & est apres implead en ū Assise ouauter Action ē q̄ ne poit vouch; donques il avera cest Brief vers le Feoffor ou son Heir, pur compell eux de garranter le Terre a luy. Et vies [...] ceo Fitz. N. B. fol. 134. D. Vies Garranty des Charters.
Warrantia diei.
WArrantia diei est un Brief que gist en case lou home ad jour en asc' Action sue vers luy [...] appeare en proper ꝑson, & le Roy a cest jour ou devant luy maund en asc' service, issint (que) ne poit appeare al jour en Court; donques il poit aver cest Brief direct as Justices, que ils ne record luy destre en Default p̄ son non appearance. Et veies de ceo Fiz. N. B. fol. 17. A. & pur le forme del Br̄e veies Glanvile lib. 1. cap. 8.
Warren.
WArren est un lieu privileged per Prescription, ou Grant del Roy, p̄ le ꝑservation del Leverers, Cunicles, Perdices, & Phesants, ou ascun de eux.
Warwit.
WArwit, (ou Wardwit cōe asc' Copies ad c') est quietum esse de denariis dandis ꝓ Wardis faciendis.
Wast.
WAst est, ou Tenant a terme dans, Tenant de vie, ou Tenant pur terme dauter vie, Tenant ē Dower, ou Tenant per le Curtesie, ou Gardein en Chivalry, fait Wast ou destruction sur al Terre, cestascavoir, sil debrusa Meason, ou coupe Merisme, ou suffer le Meason voluntariment p̄ eschier, ou foder la Terre; donques cestuy en le Reversion avera un Brief pur cest Wast, & recovera le lieu ou le Wast fuit fait, & treble Dammages.
Et si home coupe Merisme sans Licence, & ovesque ceo repair les ancient Measons, uncore ceo n'est pas Wast. e Me [...] si il ovesque le Merismeun difiun [Page 668] novel meason, le couper de tiel Merisme est Wast. Auxy le couper ce Subboys ou Willows, que nest pas Merisme, ne serra dit Wast, sinon que cressont en le view ou seit del Meason.
Wast per le Ley Civile est appel Dilapidation: & pur c' l'Executor d'un Rector ou Vicar & sont respoignable en Court Christian.
Est auxi un Brief de Wast permittendo Messuagium vel domum, &c. fore in decasu & ruinosum. Co. Ent. 601.
Wharf.
WHarf est un parol use en le Statute de 1 Eliz. c. 11. & auters Statutes, & est un Ample lieu procheine al Creek ou Hithe del eau, sur que Biens & Wares sont jects queux sont destre eskipts & transports del un lieu al auter.
Withernam.
WIthernam est le Prisure ou chaser dun Distresse a un Fortresse, ou hors del County, issint que le Viscount ne poit sur Replevin fair deliverance de ceo al party distraine en q'l case un Brief de Withernam est direct al Viscount p̄ le prise [...] tants de ses Avers que issint illoyalment [Page 669] distraine, ou tants de les Biens, en son custody, jesque il ad fait deliverance de le primer Distress. Auxy si les Avers sont en un Fortlet ou Castle, le Viscount puit prender ove luy le Power del County, & debruser le Castle, come appiert per le Statute de Westm. 1. cap. 20. Brit. cap. 27.
Woodgeld.
WOodgeld semble destr̄ l' Collection ou succider d' Boys deins le Forrest, ou argent prise p̄ m̄ al use de Forresters. Et le privilege de ceo per le Grant l'Roy, est per Crompt. fol. 197. appel Woodgeld.
Woodmote.
WOodmote est le veil, nosme de ceo Court del Forrest que a ore, apres le Statute de Charta de Foresta, est appel le Court des Attachments, & ꝑ ceo Statute est tenus chescun 40 jours; mes soloit destre tenus al volunt des chief Officers del Forrest, & nemy al ascun temps certain. Veies Manw. For. Leys, c. 22. fol. 207. a.
Woolferthfod.
WOolferthfod est le condition de tiel que fueront utlage en le temps dels Saxons p̄ nient submitterant eux m̄s al Justice: car sils poyent estre prise en vise, ils serroient port al Roy; & sils en pavor de apprehension eux mesmes defenderont, ils poient estre tue, & lour testes port al Roy; car ils porteront le Teste dun Woolf, cest adire, lour Teste ne fuit plus destre regard q̄ le teste d' un Woolf, q̄ fuit un Beast cy tortious al home. Veies l'Leys de Roy Edovart per Lamb' si 127. [...] 7. & Bracton. lib. 3. tract. 2 c. 11. Ceo est escrie. Vulvesheaved per Roger Hoveden, part. poster. Annal. fol. 343.
Wreck.
WReck, ou Varech, (come les Normans, de que il vient, appellont ceo) est quant un Niese est perish, sur le Mer, & nul home escape vive hors de ceo, & le Nief ou part del ceo issint perish, ou les Biens del Nief, vient al terre de ascun Sn̄r, le Sn̄r les avera com̄ un Wreck de l' Mer. Mes si un Hom̄, ou un Chien, ou Chatte, escape vive, issint que le party a q̄ les Biens sont veign̄ dans lan & jour, & ꝓve les Biens destre ses, il avera [Page 671] arere, ꝑ provision del Statute de Westm. 1. cap. 4. fait en les jours del Roy Edw. 1. que en ceo followed le Decree de H. 1. devant que jours, si un Nief ad estre ject sur l'shore, torne ove Tempest, & nemy repaire per eux que escapont en vie deins un certain temps, donques ceo fuit prise come Wreck.
Y.
Yard-land.
YArd-land (Virgata terrae) en asc' Counties contein 20 Acres, en asc' 24, & en asc' 30 Acres de Terre.