An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same

Termes of the Law.

1 Abatement of a writ or plaint.

ABatemēt of a writ or plaint, is when an actiō is broght by writ or plaint, wherein is lacke of sufficient and good matter, or els the matter alledged is not certainly set downe, or if the plain∣tife or defendant, or place are misnamed, or if there appeare variance be∣twéene the writ and the specialtie or recorde, or that the writ or the de∣claration be vncertaine, or for death of the plain∣tife or defendant and for diuers other like causes, then vpō those defaults, the defendant may pray, y^t the writte or plaint may abate, that is to say, that the plaintifs suit against him, may cease for that time, & that he shal begin again his suit, and bring a newe writ or plaint if he be so disposed to doe. But if the defendant in any action plede a matter in barre, for to adnull the

action for euer, he shal not come afterwards to plede in abatement of the writ, but if after it appere in y^e record, that there is some matter apparant, for the which y^e writ ought to be abated, then y^e def. or any persō as a frind to y^e court may well plede & shewe y^t in arrest of iudgement.

See the titles of writ, Misnosmer & Variance in the Abridgements, and the book called the Digests of writs, in which it is ve∣ry well entreated, especi∣ally of these matters.

Abatement in lands.

ABatement in lands or tenemēts is whē a mā

dieth seased of lāds or te∣nements, & one y^t hath no right entreth into y^e same lands or tenemēts before y^• heire maketh his entry, this entry of him is cal∣led an abatement, & he an Abator. But if the heire enter first after y^e death of his auncestor, & the other enter vpon y^• possession of y^• heire, this entry of him is a disseisin to the heire. Look in y^e book of entries ••o. 63. c. & 205. d. & 519. c. where this word Abate∣ment is called in latin, In∣trusio, And I think it bet∣ter to cal it in latin Inter∣positio, or Intratio per in∣terpositionem, to make a difference betwéene this worde & intrusion after y^• death of the tenāt for life.

3 Abbot.

ABbot was y^• soueraigne head, or chiefe of those houses, which when they stood were called Abbies, & this Abbot together w^t y^e monks of y^e same house, who were called y^• couent made a corporation: such a soueraigne of any such house shal not be charged by y^• act of his predecessor,

if it be not by cōmon seale or for such things which commeth to the vse of his house. Also an abbot shall not be charged for the det of his Monke before his entre in religion, though the creditor hanc an espe∣cialtie thereof, except that it haue come to the vse of his house, but the execu∣tors of the Monke shalbe charged therewith.

Look for this in the A∣bridgments the same ti∣tle vnder which you shall sée that some of thē were electiue, some presētatiue, And how they were made gouernors, and their au∣thoritie, and in this title are also comprehended all other corporations spiri∣tual, as Prior and his co∣uent friers and Canons, Deane & Chapter.

¶ Abbettors.

ABbettors are in diuers cases diuersly takē one kind of abbettors are they y^• maliciously w^tout iust cause or desert do procure other to sue false appeals of murther or felonie a∣gainst men to the intēt to trouble & greue them, and

to bring them to infamy & slaunder. Abbetiours in murders, are those that command, procure, coun∣sell or comfort others to murther. And in some cas such abbettors shal be ta∣ken as principals, and in some case but as accesso∣ries. So in other felomes. And their presence at the deed doing, & their absēce maketh a difference in the case. There are abbettors also in treason, but they are in case as principals, for in treason there are no accessories.

Looke more in the booke called the Plees of the Crown made by the right worshipfull Iudge Sir W. Stamford in the titles of Accessories & damages in appeale.

5 Abeiance.

ABeiance is whē a lease is made for terme of life, the remainder to the ryght heires of I. S. which I. S. is liuing at the time of the graunt, Now by this graunt the remainder passeth from the grauntor present••e, yet it vesteth not present∣ly,

nor taketh hold in the grantée, that is to fay, the right heire of I. S. but is said to be in abeyance or els as the Logiciens terme it in power, or in vnderstāding, and as we say in the cloudes, that is to wit, in the considerati∣on of the law, That if I. S. dye hauing a right heir, & liuing the lessée for life, then this is a good re∣mainder, & now vesteth & commeth into the right heire in such sort, as that he may graunt, forfait or otherwise dispose y^• same, & ceaseth to bée any more in Abeiāce, for that there is one now of abilitie to take it because that I. S. is dead, & hath left a right heire in life, which could not be liuing I. S. for y^• during his life none could properly be said his heire. Also if a man bée Patron of a Church, and presen∣teth one to y^• same. Now is the fée of the landes and tenementes pertey∣ninge to the rectorie in the parson, but if the par∣son die and the Church is become void, then is the

fée in abeyaunce, vntill there be a newe Parson presented, for the patron hath not the fée, but onely the right to present, and the fée is in the incumbēt that is presented, & after his death, it is in no body but in abeyance, till there be a new incumbent as is aforesaid.

Sée Lit. his 3. booke cap. 11. fol. 145. And Park. fol. 12.

6 Abishersing.

ABishersing (& in some copies Mishersing) y^t is to be quit of amercia∣mēts before whō soeuer of transgression proued.

7▪ Abiuration.

ABiuration is an oth that a man or woman shall take w••ē they haue com∣mitted felony, & flie to the Church or churchyard, or to any other place priui∣ledged for safegarde of their liues, choosing rather perpetual banishment out of the realm, thē to stād to the law & to be tried of the felony, in which case befor the Coroner he shalmake such cōfession, which may

make a sufficient indite∣ment of felony, then the coroner at the comon law shall make him to for∣swere the Realme, & shal assigne him to what Port he shal goe, & shal sweare him y^• he go not out of the high way, & y^t he shoulde not abide at the port (if he may haue good passage) but one flood & one ebbe, & if he cannot haue passage, then he shall go euery day during xl. daies in the se•• to the knees, but if such a felon as abiureth go out of the hie way & flieth to another place, if he be ta∣ken he shalbe brought be∣fore the iudge & there shal haue iudgement to be hā∣ged. But if he which so praieth the priuiledge wil not abiure, then he shall haue the priuiledge for xl. daies, & euery man may giue him meate & drinke. But if any giue him sus∣tenance after xl. daies al∣though it be his wife▪ such giuing is felony. Also he that doeth abiure shall be deliuered from one Con∣stable to another, & from one frāches to another, til

that hee come to his port, and if the Constable will not receiue him, he shalbe grieuously amerced. Look the othe in the Treatise de Abiuratione Latronū.

And this law was insti∣tuted by S. Edward the Confessor, a king of this Realme before the Con∣quest, and was grounded vpon the law of mercie, & for the loue & reuerence no doubt that he & other his successours did beare vnto the house of God, or place of prayer and admi∣nistration of his woord & sacramēts, which we call the Church. Note this law is now changed by the statutes 21. H 8. ca. 2 22. H. 8. ca. 14. and 32. H. 8. cap. 12. by which it ap∣peareth, that he at this day shall not abiure the Realm, but al his libertie of this Realm, and al his liberall and frée habitati∣ons, resorts and passages from all places of this Realme, to one certaine place in this realm therto limitted by 32. H. 8. ca. 13 & 33. H. 8. ca. 15. Looke more in Stamf. li. 2. ca. 10.

Abridgement of a plaint or demaund.

ABridgement of a plaint or demaund is where one bringeth an ass. writ of dower, writ of ward or such like where y^e writ of Assise is, De libero ten̄to, as in a writ of dower, the writ is, Rationabilē dotē quae eā contingit de libero tenemento w. her husbād And in a writ of ward the writ is Custod' terrarū & heredis &c. & the plaintife or demaundant, demaun∣deth diuers acres or par∣cels of land, & the tenaunt pleadeth Nontenure, or iointenancy or some other such like plee, to parcell of the land demaunded in a∣batement of the writ, then the plaintife or demādant may abridge his plaint or demand to that parcell, y^• is to say, he may leaue out that parte & pray that the tenaunt shall answere the rest to which he hath not yet pleaded any thing. The cause is for y^• in such writs, the certainty is not set downe, but the demād rūneth generally, de libe∣ro tenemento, & notwith∣standing

the demandant hath abridged his plaint or demand in part; yet the writ remaineth good still de libero tenemento for y^• rest.

9 ¶ Accedas ad Curiam.

ACcedas ad Curiam is a writ directed to the shi∣rife, commanding him to go to such a court of some lord or franchise where a plaint is sued, for taking of beasts as a distresse, or any false iudgmēt is sup∣posed to bee made in any suite which hath been in such a court which is not a court of record, and that the shirife shal there make record of the saide suite in presence of the suitors of the same Court, and of foure other knights of the Countie, and certifie in∣to the kings court, and at that day that is limitted in the writ.

10 ¶ Acceptance.

Acceptāce is a taking in good part, & as it were an agréeing vnto some act done before, which might haue bin vndon & auoided (if such acceptance had

not bin) by him or them that so accepted, As for example: if a Bishop be∣fore primo Eliz. lease part of the possessions of his Bishopricke for terme of yéeres reseruing rent and dyeth, and after an other is made Bishop, who ac∣cepteth, that is to say, ta∣keth or receiueth the rent when it is due and ought to be paied, now by this acceptaunce the lease is made perfect and good, which els the new bishop might verie well haue a∣uoided & made frustrate.

The like law is, if a mā & his wife seised of land in the right of the wyfe ••oine or make lease by ••eff∣ment in déede reseruing rent, and the husband dy∣eth, shée accepteth or re∣ceyueth the rent, by this the feoffement or lease is made perfect and good, & shal barre her to bring her writ called Cui in vita.

Accessories.

ACcessories are in two sorts, theone before the offence, the other after the offence is done, Accessorie

before the fact or offence is he that commandeth or procureth an other to doe felonie, & is not there pre∣sent himselfe when the o∣ther doth it, but if hée be present then hee is also principal. Accessorie after the offence is hee that re∣ceiueth, fauoureth, a••••eth, ••ssisteth or comforteth a∣nie mā that hath don any murder or felony whereof hee hath knowledge, such an accessorie shalbe puni∣shed, and shal haue iudge∣ment of life and member aswell as the principall which did the felonie: but such an accessorie shal ne∣uer be put to that till the principall bee attaint or conuict, or bee outlawed thereupon. But a women in such case shal not be ac∣cessorie for helping her husband: in great or high Treason aswell the com∣māders as the assisters & receiuers after be alwais principals.

Also one may be acces∣sorie to an accessorie, as if one feloniously receiue an other that is accessorie to felonie, there the receiuer

is an accessorie.

See more of accessorie in the said Booke of Plees of the Crown the first booke, cap. 44. 45. 46. 47. 98. 49. & 50.

¶ Action.

ACtion is the forme of a suit giuen by the lawe to recouer a thing, as an action of debt and such like.

See the Lexicon of the lavv for action.

Actions personals.

Actiōs personals be such actions wherby a man claimeth debt or other goods and chattels, or da∣mage for them, or dama∣ges for wrong don to his person, and it is properly that which in the Ciuill law is called Actio in per∣sonam, which is brought against him, who is bound by couenant or de∣fault to giue or grant anie thing.

¶ Actions reals.

ACtiōs reals be such ac∣tions whereby the de∣mandant claimeth title to

any lands or tomments, rents or commons, in fée simple, fée taile, or for terme of life.

15 ¶ Action popular.

ACtion populer is an ac∣tion which is giuē vp∣on the breach of some pe∣nal statute, the which ac∣tion euery man that will may sue for himselfe & the Quéene, by information or otherwise, as y^• statute alloweth, and the case re∣quireth. And of these ac∣tions there be an infinite nūber, but one for exam∣ple is: when any of the Iury that are impanelled & sworn to passe betweene partie and party indiffe∣rently, do take any thing of the one side or other, or of both parties to say their verdicts on that side, then any man that wil within the yeere next following the offence made, may sue a writ called Decies tan∣tum, against him or them that so did take to giue his verdict, & because y^t this action is not giuen to one specially, but generally to any of the Q. people as

will sue, it is called an Action populer, but in this case when one hath begun to pursue an actiō, no other may sue it, and in this as it seemeth this doth varie from an acti∣on populer by the Ciuil law.

Action mixt.

Action mixt is a suit gi∣uen by the law to reco∣uer the thing demanded, and also damages for the wrong done, as in Assise of Nouel disses. the which writ (if the disseisor make a feoffement▪ to an other) the disseisée shall haue a∣gainst the disseisor & the feffee or other land tenāt, & therby shall recouer his seisin of the land & his da∣mages for the mean pro∣fits, & for the wrong done vnto him. And so is an actiō of wast & Quare imp. But an action of Detinu is not called an actiō mixt although by it the thing withheld is demanded, & shalbe recouered if it may be found, & damages for y^• withholding, & i•• it cānot be foūd, then damages for

the thing and the retey∣ning. But that is called onely an action personall, because that it should bee brought only for goods & chattels.

17 Action of a writ.

ACtion of the writ, is a phrase of spéech vsed when one pleadeth some matter▪ by which he she∣weth that the plaintife had no cause to haue the writ which he brought, & yet it may be, that he may haue another writ or ac∣tion for the same matter: such a plée is called a plée to the action of the writ, whereas if by the plee it should appeare, that the plaintife hath no cause to haue any action, for the thing demaunded, then it shal bée called a plée to the action.

18 Action vpon the case.

ACtion vpon the case, is a writ brought against one for an offence done w^tout force, as for not per forming promise made

by the defendant to the plaintife or for speaking of wordes, by which the plaintife is defamed, or for other misdemeanor or disceit, where the whole case shall be contained in the writ.

Action vpon the statute.

ACtion vpon the statute is a writfoūded vpon any statute, where by a∣ny statute an action is giuen to one in any case where no action was be∣fore: As where one com∣mitteth periurie to the preiudice of another, he which is indamaged shal haue a writ vpon the sta∣tute and his case, And the difference between acti∣on vpon the statute and action Populer is, that where the statute giueth the suite or action, to the partie grieued, or other∣wise to one person cer∣taine, that is called ac∣tion vpon the Statute: But where by the sta∣tute aucthoritie is giuen to euery one that will

to sue, that is termed ac∣tion Populer.

Accompt.

ACcompt is a writ and it lyeth where a Bai∣life or a Receiuer to a∣ny Lorde or other man, which ought to render accompt, will not giue his accompt, then hee to whom the accompt ought to bee giuen, shall haue this writte. And by the Statute of west∣minster 2. Chapter 10. if the Accomptant bee found in arrerages, the Auditours which bee as∣signed to him, haue po∣wer to award him to pri∣son there to abide till he haue made agréement to the partie, But if the Auditours will not al∣lowe reasonable expence and costes, or if they charge him with mo•• re∣ceites then they ought, then his next friend that will sue for him, shal sue a writte of Ex parte talis out of the Chancery directed to the Shirife to

take foure mainpernors to bring his bodie before the Barons of the Ex∣chequer at a certain day▪ and to warne the Lorde to appeare there at a cer∣taine day.

Accord.

ACcord is agréemēt be∣twéen two at the least to satisfie an offence that the one hath made to the other, when a man hath done a trespas, or such like vnto another, for the which hee hath agréed with him, to satisfie and content him with some recompence, which if it be executed and perfour∣med, then because that this recompence, is a full satisfaction for the offēce, it shall be a good barre in the law, if the other after y^• accord performed should sue againe any action for the same trespas.

Note that the first is properly called an accord, the other a contract.

Acquitall.

ACquital is where ther is a Lorde, me••ne, and

tenant, & the tenant hol∣deth of the me••••e certaine landes or tenements in frankalmoigne, frākma∣riage or such like, and the mesne holdeth ouer also of the lord paramount, or about him. Now ought the mesne to acquit or dis∣charge the tenant of all & euery manner of seruice, that any other wold haue or demaunde o•• him con∣cerning the same lands or tenements, for that the tenant must doe his ser∣uice to the mesne onely, and not to diuers Lords for one tenement or par∣cel of land. The same law is where there is one Lord, mesne, and tenant as aforesaid, & the mesne graunteth to the tenaunt (vpon the tenure made betwéen them) to acquite and discharge him of all rents, seruices, and such like, This discharge is called acquitall.

Like lawe is if the te∣nant holdeth of his mesne by like seruices, as the mesne holdeth ouer of the lord, & the tenant doeth or paieth his seruices to the

mesne, but the mesne doth not his seruices to y^• chief lord, wherefore he distrei∣neth the beastes of the te∣naunt▪ In this case the mesne for the equalnes of the seruices ought to ac∣quit the tenant of the ser∣uice due vnto the Lord.

Acquitance.

ACquitāce, is a discharg in writing of a summe of money, or other duetie which ought to bée payd or done: As if one bée bound to pay money vpon an obligation, or rent re∣serued vppon a lease or such like, and the partie to whom the money or dutie should bée paide or done, vpon the receite thereof, or vpon other agréement betwéene them had, ma∣keth a writing or bill of his hande, in discharge therof, witnessing that he is paid, or otherwise con∣tented, and therefore doth acquit and discharge him of the same, which acqui∣tance is such a discharge & barre in the law, that he cannot demand and reco∣uer that summe or duty a∣gaine

contrary thereunto if he shew the acquitance.

This worde differeth frō those which in the ci∣uil law be called Accepti∣tatio, or Apocha, because Acceptitatio may bée by word without writing, & is nothing but a fayned payment and discharge, though no paimēt be had, And Apocha is a writing witnessing the paiment or deliuerie of money which dischargeth not vnles the money be paid.

24 Actes.

ACtes of parliament, are positiue Lawes which consist of two partes, that is to say of the wordes of the Acte, & of the sence thereof & they both ioined together make the law.

Additions.

ADdition, is that which is giuen vnto a man o∣uer and besides his pro∣per name & sirname, that is to say, to shew of what estate or degree or my∣sterie hée is, and of what Towne or Hamlett or Countie.

Additions of estate are these, yeoman, gentleman, Esquire and such like.

Additions of degrée are those that we call names of dignitye as Knight, Er••e, Marques & Duke.

Additions of misterie are such, scriuener, pain∣ter, mason, carpenter, tai∣lor, smith, and so all other of like nature, for mistery is the craft or occupation whereby a man getteth his liuing.

Additions of towns as Sale, Dale, and such o∣thers, & so of the rest.

And where a man hath houshold in two places he shalbe said to dwell in both of them so that his addition in one of them doth suffice.

By the statute the first yéere of H. the 5. & Chap∣ter the 5. it was ordeined that in sutes or in actions where proces of v••lagary lyeth, such addityons should be to the name of the def. to shew his estate mysterie and place where he dwelleth, and that such writs shall abate, if they haue not such additions,

if the defendant take ex∣ception thereto, but they shall not abate by the of∣fice of the Court.

Also Duke, Marques, Earle, or Knight, bée none of that addition but names of dignitie, which should haue bin giuen be∣fore the Statute.

And this was ordeined by the said Statute made in the first yeare of king H. the 5. Cap. 5. to the in∣tent, that one man might not bée gréeued nor trou∣bled by the v••larie of an other: but that by reason of the certaine addition, euery man might be cer∣tainly knowen and beare his owne burden.

26 Adiournement.

ADiournement is when any Court is dissolued & determined and assigned to be kept againe at ano∣ther place or time, and me thinketh is compounded of two words (ad) or (al) and iour.

27 Admeasurement de Dower.

ADmesuremēt de dower is a writ, and it lyeth

where a womā is indow∣ed by an infaunt, or by a gardein of more then shée ought to haue, the heire in such case shall haue this writ, by the which y^• wo∣man shall be admeasured, & the heire restored to the ouerplus. But if one a∣bate, y^• is to say, one which hath right entreth after the death of the husbād, & endowe the wife of him which is dead, of more then she ought to haue, the heire shall not haue this writ, but assise of mort∣daficester against the wo∣man, & if she plede that she was endowed of the land as of the fréeholde of her husbād, the heire shal shew how she was endowed by the abator & that shée had more then shée ought to haue, & shal pray that hée may be restored to the sur∣plusage, and if it be found he shal be restored.

Admeasurement de pasture.

ADmeasurement de pa∣sture is a writ & it lieth where many tenāts haue common appendant in an other ground & one ouer∣chargeth

the cōmon with manie beasts: Thē the o∣ther cōmoners may haue this writte against him, & also it may be brought by one commoner onely, but then it behoueth to bee brought against all the o∣ther cōmoners, & against him that surcharged, for y^• all the commoners shal be admeasured.

And this writ lieth not against him, nor for him y^• hath common appurte∣nant or common ingrosse, but thē which haue com∣mon appēdant, or commō by cause of visinage.

See the diuersitie of all these cōmons afterwards

Also this writ lieth not for the Lorde, nor against the lord, but the lord may distrain the beasts of the tenāt that be surplusage. But if y^• lord ouercharge the common▪ the commo∣ner hath no remedie by the common law, but an Assise of his common.

29 Administrator.

ADminist. is he to whom the ordinary cōmitteth 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, & he shalbe char∣ged to the value of the goods of the dead man and no further, if it bee nor by his ow̄ne false plée, or for that that he hath wasted the goods of the dead: but if▪ the administrator die, his executors bee not ad∣ministrators, but it beho∣ueth the Ordinarie to cō∣mit a new administrati∣on: but if a stranger that is not administrator nor executor take the goods of the dead, & administer of his own wrong, he shalbe charged & sued as an exe∣cutor, and not as admini∣strator in any action that is brought against him by anie creditor. But if the ordinary make a letter ad Colligēdū bona defuncti, he that hath such a letter is not administrator, but the action lyeth against the Ordinary aswel as if he tooke the goods to his own hand, or by the hand of any of his seruants by any other commandemēt.

30 ¶ Admirall.

ADmirall is an officer vnder the Quéene, y^t hath authority vpon the Sea onely to sée the nauy prepared and maintained to suppresse and chase a∣way robbers and rouers, and to iudge of contracts, betwéene partie & partie, concerning things done vpon & beyond the seas, and for that purpose hath his courte called the Ad∣miraltie. Hee may cause his Citation to be serued vpon the land & take the parties bodie or goods in execution vpon the land.

And also he hath cogni∣sance of the death or mai∣hem of a man committed in any great ship fléeting in great riuers in the realm, beneath y^e bridges of the same next the sea.

Also to arrest ships in the great streames for the voyages of the Quéene & Realme, and hath iuris∣diction in the said stremes during the same viages.

31 ¶ Ad quod dampnū.

AD quod dampnum is a writte which ought to

be sued before the K. grāt certaine liberties: As a faire, market, or such like which may be preiudicial to others. And by it shall be inquired if it should be a preiudice to grant thē, and to whome it shall be preiudicial, and what pre∣iudice shal come thereby.

¶ Aduowson.

ADuovvson is where a man & his heires haue right to present their clerk to the Ordinarie to a parsonage, or other spi∣rituall benefice when it becommeth void. And he which hath such right to present is called Patron.

¶ Age prier.

AGe prier is whē an ac∣tiō is brought against an infant of lands which hee hath by discent, there he shal shew the matter to the court, & shal pray that the action may stay til his full age of xxi. yeres, & so by award of the Courte the suit shal surcease.

But in a writ of dovver and in Assise, and also in such actions wher the in∣fant

is supposed to come to the land demanded by his owne wrong, he shall not haue his age.

Also note wel that there be many diuersities of a∣ges, for the Lorde shall haue aide of his tenant in Socage for to marie his daughter, when y^e daugh∣ter of the Lorde is of the age of seuen yeeres. And also ayde for to make his sonne and heire knight, when hee is of the age of seuen yeeres. Also a wo∣man which is maried at the age of ix. yeeres, if her husbande die seised shall haue Dower, and not be∣fore nine yeres.

Also xiiii. yeeres is the age of a woman that shee shal not be in ward if shee were of such age at y^t time of the death of her aunce∣stor, but if she were with∣in the age of xiiii. yeres, & in ward of the Lord, then she shalbe in ward till the age of xvi. yeres. And also xxi. yeres is the age of the heir male to be in ward, & after y^• out of ward. And also it is y^• age of male & fe¦male to sue & to be sued of

lands which they haue or claime by discent, and to make al maner of cōtracts and bargains, and not be∣fore: but if such an infant within y^e age of 21. yeeres giue his goods & the do∣née take them, the infaunt may haue action of tres∣pas; but otherwise it is if he deliuer them himselfe.

Agreement.

AGreemēt, is after this sort defined or expoun∣ded in Master Plovvdens commentaries. Aggrea∣mentum is a worde com∣pounded of two wordes, namelie, of Aggregatio & Mentium, that is to say, agréement of mindes, so that agréement is a con∣sent of mindes in some things done or to be done, and by drawing together of the two wordes, Ag∣gregatio and mentium, & by the hastic and shorte pronouncing of thē they bee made one worde, to witte, Aggreamentum, which is no other thing then a ioyning, putting, cupling and knitting to∣gether of two or moe

mindes in ani•• thing done or to bee done. (Sée after in testament) And this a∣gréement is in thrée man∣ners.

The first is an agrée∣ment executed already at the beginning.

The second is an agrée∣ment after an acte done by another, and is an agrée∣ment executed also.

The third is an agrée∣ment executory or to be don in time yet to come.

The first which is an a∣greement executed already at the beginning is such▪ whereof mention is made in the statute of 25. Edw. 3. cap. 3. of clothes in the 4. statute, which saith That the goods and things bought by forestallers, be∣ing therof attainted shalbe forfaire to the Queen, if the buyer thereof haue made gree with the seller. In which case y^• word (Grée) which is otherwise called agreement, shall be vnder∣stoode agréement executed, that is, payment for the things.

The second maner of a∣gréemēt is where one doth

a thing, or act; & another a∣grées or assents thereto af∣terwardes as if one doe a disseisin to my vse, & after∣ward I agre to it, nowe I shall be a disseisor from the beginning, and such agre∣ment is an agréement af∣ter an act done.

The third agréement is when both parties at one time are agreed that such a thing shalbe done in time to come, and this agrée∣ment is executorie in as much as the thing shall be done after, and yet there, their minds agréed at one time. But because the per∣formance shalbe afterward and the thing vpon which the agréement was made remaines to bee done, that agréement shalbe said exe∣cutorie. And that the sta∣tute of 26. H. 8. cap. 3. doth proue where it saith, that euery vicar, parson & such like &c. before their actu∣all possession, or medling w^t the profites of their be∣nefices shall satisfie, contēt &c. or agrée to paye to the Q. the first fruits &c. and if any such parson or vicar, &c. enter in actuall posses∣sion,

&c. this agréement is to be vnderstoode executory as the common vse proues, for it is vsed that hee with one or two with him doe make two or three obliga∣tions for it to bee paied at certaine daies after, and this agreement executorie is deuided into tw̄o points. One is an agreement exe∣cutorie which is certaine at the beginning, as is said last before of the first fruits.

The other is where the certaintie doth not appeare at the first, and the parties are agreed that the thing shall be performed or paide vpon the certaintie knowē as if one sell to another all his wheate in such a tasse in his barne vnthreshed, and it is agréed betwéene them that he shall paie for euery bushel xii▪ d. when it is threshed, cleaned and measured.

35 ¶ Ayde.

AYde, is when tenaunt for terme of life▪ tenaunt in dower, tenant by curte∣sie, or tenant in taile af∣ter possibilitie of issue ex∣tinct

is impleaded then for that they haue no estate but for terme of life, they shall pray in ayde of him in the reuersion and proces shall bee made by writ a∣gainst him, to come & plead with the tenant in the de∣fence of the land if hee will, but it behooueth that they agree in the plée, for if they vary, the plee of the tenant shall be taken and then the aide prayer is void, but if hee come not at the second writ, then the tenaunt shall answere sole.

Also tenant for terme of yeeres, tenant at will, te∣nant by Elegit, and tenant by statute merchant, shall haue aide of him in the re∣uersion, and the seruant & bayly of their master, when they haue done anie thing lawfully in y^e right of their master, shal haue aide.

¶ Ayde de Roy.

AIde of the king, is in like case as it is saide before of a common person, and also in many other cases where the king may haue losse, although that the tenaunt bee tenaunt in fée

simple hee shall haue aide, As if a rent be demaunded against the kings tenaunt, which holdeth in chiefe, he shal haue aid and so he shall not of a common person.

And where a Citie or Borough hath a fée farme of the king, and any thing be demaunded against thē which belongeth to the fée farme, they shal haue ayde for the losse of the king.

Also a man shall haue aide of the King in the steede of voucher. Also the Kings Bailife, the Collec∣tor, and Purueyour shall haue ayde of the King, as well as the officers of o∣ther persons.

¶ Ayle.

AYle is a writ which ly∣eth where lande discen∣deth from the graundfa∣ther to his nephews▪ s. the sonne or daughter of the sonne of the graundfather, the father being dead be∣fore the entrie by him, and one abateth, the heire shall haue against the abator this writ.

Alien.

ALien is he whose father and himselfe were both borne out of the Queenes legeance, and if such an a∣lien being none of the Q. enemies, but an aliē friend come and dwell here in England and haue issue, this issue is not alien but English. So if an En∣glish man go ouer the seas with the Quéenes licēce and there hath issue, this issue is no alien.

Alienation.

ALienation, is as much to saye, as to make a thing another mans, or to alter or put the possessiō of lands or other thing from one man to another.

Ambidexter.

AMbidexter, is hee that when a matter is in suit betweene men, taketh mo∣ney of the one side and of the other, either to labor the suit or such like, or if he be of the Iury, to saye his verdict.

Amendement.

AMendement, is whē er∣rour is in the Proces,

the Iustices may amend it after iudgement. But if there bee errour in gi∣uing of iudgement, they may not amend it, but the partie is put to his writte of error. And in many ca∣ses where the default ap∣peareth in the clarke that writ the Record it shall be amēded: But such things as come by information of the party as the towne, mistery, and such like, shal not bee amended, for hee must informe true vpon his perill.

42 Amercement.

AMercement, most pro∣perly is a penaltie asses∣sed by the piers or equales of the party amerced, for an offence done, as for lack of suit of Court, or for not amending of some thing that he was appointed to redresse by a certaine time before, or for such like cause, in which case, the partie which offēdeth put∣teth himselfe in the mercy of the king or Lorde, and thereupon this penaltie is called Amercement.

Amercement royall.

AMercement royall, is when a Shirife, Coro∣ner or other such Officer of the Queene is amerced by the Iustices for his ab∣use in the office, séeke if it shall not be said a fine.

An, iour & wast.

AN, iour & wast, is a for∣faiture whē a man hath committed petit treason, or felony, and hath landes which he holdeth of some comon person, which shall be seised for the Quéene, and remaine in her hands by the space of one yéere & a day next after the attain∣der, and then the trées shalbe digged vp, the hou∣ses shalbee rased & pulled downe, and the pastures & meadowes ••yred and plo∣wed vp, so y^t he to whome the lande should come by eschete or forfaiture do not redeeme it of the King, a thing the more to greeue the offenders and terrifie others to fall into the like, in shewing how the lawe doth detest their offence so farre foorth as that it doth execute iudgement &

punishmēt euen vpō their dumme & dead things.

45 Annuitie.

ANnuitie, is a certaine summe of money gran∣ted to another in fée sim∣ple, fée taile, for terme of life, or for terme of yéeres, to receiue of the grauntor or of his heires, so that no fréeholde is charged therewith, whereof a man shall neuer haue assise nor other action, but a writ of Annuitie, and it is none assets to the heire of the grauntée to whome it shall discend.

46 Apppeale.

APpeale, is where one hath done murder, rob∣bery or mayhem, then the wife of him that is slaine shal haue an action of ap∣peale against the murthe∣rer, but if he haue no wife then his next heire male shall haue the appeale at a∣ny time within a yéere and a day after the déede, And also he that is so robbed or mayhemed shal haue his appeale, and if the defen∣dant be acquited, he shall

recouer damages against the appellor and thabbet∣tors, and they shal haue the imprisonment of a yeere and shall make fine to the King. An appeale of mai∣hem is in manner but a trespas, for hee shall reco∣uer but damages.

¶ Appellant.

Appellant, is the plaintife in the appeale.

¶ Appellour.

APpellour or Approuer, is he who hath commit∣ted some felonie which he confesseth and nowe ap∣pealeth or approueth, that is to say, accuseth others which were coadiutors or helpers with him in doing the same or other felonies, which thing he wil approue and therefore is called in latine probator.

Appendant & appur∣tenant.

Appendant & appurtenāt, are things that by time of prescription haue be∣longed, appertained, and are ioyned to another principall thing, by which

they passe and go as acces∣sarie to the same principal thing, by vertue of these woordes Pertinentijs: as landes, aduowsons, com∣mons, piscaries, wayes, courtes, and diuers such like, to a mannor, house, office, or such others.

50 Apporcionment.

APporcionment is a de∣uiding into partes of a rent (which is deuidable and not intier or whole) & forasmuch as the thing out of which it was to be paied is seperated and de∣uided, the rent also shal be deuided hauing respect to the partes. As if a man haue a rent seruice issuing out of landes, and he pur∣chaseth parcell of the land, the rent shalbe apportio∣ned, according to the value of the land.

So if a man hold his lande of an other by ho∣mage, fealtie, escuage, and certain rent, if the Lord of whom the lande is holden purchase parcel of the land the rēt shal be apportioned.

Also if a man let landes for yéeres reseruing rent, and after a Stranger re∣covereth

part of the lande, then the rent shal be appor∣tioned, that is to say deui∣ded, & the lessée shal pay ha∣uing respect to that which is recouered, and to that which yet remaines in his handes according to the value.

But a rent charge cānot be apportioned, nor things that are entier: As if one hold land by seruice to pay to his Lord yéerely at such a feast, a Horse, a Hauke, a Rose, a cherie, or such like, there if the Lord purchase parcell of the land, this ser∣uice is gone altogether, be∣cause a Horse, a Hauke, a Rose, a cherie, and such o∣ther cannot be deuided, se∣uered, or apportioned with∣out hurt to the whole.

Appropriations.

APpropriatiōs were whē those houses of the Ro∣mishe Religion, and those Religious persons, as Abbots, Priors, and such like, had the aduowson of any parsonage to them and to their successors, and obtayned licence of their

holy father the Pope, and of the Ordinarie & King, that they themselues, and their successors from thēce foorth should bée parsons there, and that it shall bée from thence foorth a vica∣rage, and that the Vicar shall serue the cure. And so at the beginning Appro∣priations were made one∣ly to those persons spiri∣tuall that could minister the Sacraments, and say deuine seruice, as Abbots, Priors, Deanes, and such like. After by a little and little they were inlarged & made to other, as name∣ly to a Deane and Chap∣ter, which is a body cor∣porate consisting of many, which body together could not say deuine seruice, and that more was to Nunnes that were Prioresses of some Nunrie, which was a wicked thing, insomuch as they could neither mi∣nister Sacramentes nor preach, nor say diuine ser∣uice to the parishioners.

And all this was vpon pretence of hospitalitie & maintenance thereof. And to supplie these defectes

a vicar was deuised, who should bée Deputie to the Priores, or to the Deane and Chapter, and also at the last to the said Abbots and others to say deuine seruice, & should haue for his labour but a little por∣tion, and they to whom the appropriations were made shoulde retayne the great reuenues, and they did no∣thing for it, by meanes whereof hospitalitie de∣cayed in the place where it ought to haue béen chiefly maintained, namely in the parishe where the benefice was, and where the profits did grow, & so it continu∣eth to this day, to the great hinderance of learning, to the impouerishment of the ministerie, and to the infa∣mie of the Gospel and pro∣fessors thereof.

The Vicar shall haue certaine portion of the be∣nefice, and the Abbot and the Couent shall bée par∣sons and shall haue the o∣ther profits: This is cal∣led Appropriation, & then the Abbot & Couent shall bée parsons imparsonées. But such Appropriation

may not bée made to begin in the life of the parson without his assent.

But if such aduowsons of the parsonage bée reco∣uered by ancient title, then the Appropriation is ad∣nulled. And it is called ap∣propriation, for that they hold the profites to their owne proper vse.

52 Approuement.

APprouement is where a man hath common in the Lordes wast ground, & the Lord incloseth parte of the wast for himself, lea∣uing neuerthelesse suffici∣ent common with egresse and regresse for the com∣moners: This inclosing is called approuement.

53 Arbitrement.

ARbitrement is an a∣ward, determination or iudgement, which one or moe maketh at the request of two parties at the least, for, & vpon some debt, tres∣passe, or other controuersie had betwéene the said par∣ties. And this is called in Latin Arbitratus and Arbi∣trium,

and they that make the award or arbitrement are called Arbitri, in Eng∣lish Arbitrators.

Arrest.

ARrest is when one is taken and restrayned from his libertie. None shalbe arrested for dette, trespasse, detinue, or o∣ther cause of action, but by vertue of a precept or com∣maundement out of some Court. But for Treason, Felonie, or breaking of the peace, euery man hath aucthoritie to arrest with∣out warrant or precept. And where one shalbe ar∣rested for felonie, it behoo∣ueth that some felonie be done, and that he bée sus∣pected of the same Felonie, or otherwise hée may haue agaynst hym that so dyd arrest hym, a writte of false imprisonment. And when anie man shall bée arrested for Felonie, hée shalbée brought to the Gayle, there to abide vn∣till the next Sessions for to bée indicted, or for to be deliuered by Proclamati∣on.

55 Arrerages.

ARrerages are duties be∣hinde vnpaide after the dayes and times in which they were due, and ought to haue béene payd whe∣ther they be rent of a ma∣nor or any other thing re∣serued.

56 Assets.

ASsets is in two sortes, the one called (assets per discent) the other (assets enter maines.) Assets per discent is where a man is bound in an obligation, & dieth seysed of lands in fée simple, which descēd to his heire, then his land shalbe called assets, that is to say, enough or sufficient to pay the same debt, and by that meanes the heire shall bée charged as far as the land so to him discended will stretch. But if he haue a∣liened before the Obligati∣on be put in suite he is dis∣charged.

Also when a man sey∣sed of landes in tayle, or in the right of his wife alieneth the same with warrantie, and hath in value as much landes in

fée simple, which discen∣deth to his heire, who is also heire in taile or heire to the woman. Now if the heire after the decease of his ancestor bring a writ of Formedon, or sur cui in vita, for the lād so aliened, then he shall bée barred by reason of the warrantie and the land so discended, which is as much in value as that was solde, and so thereby hée hath receyued no preiudice, and therefore this lande is called Assets per discent.

Assets enter maines is whē a man indebted, as before is said, maketh executors, and leaueth to them suffi∣cient to pay, or some cōmo∣dity or profite is come vn∣to them in right of their te∣statour, this is said assets in their hands.

Assignee.

ASsignee is hée to whom a thing is appointed or assigned to bée occupied, paide or done, & is alwaies such a person, which oc∣cupieth or hath the thing so assigned in his owne right and for himselfe,

and of assignes there bée two sortes, namely, Assig∣nee in déed and Assignée in law. Assignée in déede is when a leas is graūted to a man, or to his assignes or without those wordes, as∣signes, and the grauntée giueth graunteth or selleth the same lease to an other, he is his assignée in déede. Assignée in ••awe is euery executor named by the te∣stator in his testament, As if a lease be made to a man and to his assignes (as is aforesaid) & he maketh his executors and dieth with∣out assignement of the leas to any other, Now the exe∣cutors shall haue the same lease, because they are his assignes in law. And so it is in other cases.

58 Assise.

ASsise is a writ and it li∣eth where any m••n is put out of his landes, or tenementes, or of anie pro∣fite to bee taken in a cer∣taine place and so dissei∣sed of his fréehold. Frée∣holde to anie manne is where he is seised o•• lands and tenementes or pro∣fite to bée taken in fée sim∣ple,

fée tayle, for terme of his owne life or for terme of an other mans life. But the tenaunt by Elegit, te∣naunt by statute marchant and Statute staple may haue assise, howbeit that they haue no fréehold and this is ordeined by diuerse statutes.

Also in an assise it is néedfull alwaies that there be one disseysor and one te∣nant or otherwise the writ shall abate.

Also where a man is disseysed and recouereth by assise of nouel disseisin and afterwarde is againe disseised by the same dissei∣sor, hée shall haue against him a writte of redisseisin directed to the Sherife to make inquisition, and if the redisseisin bée founde hée shall be sent to pryson. Also if one recouer by as∣sise of Mortd. or by other iurie or default or by red∣dition, and if he bée an o∣ther time disseysed, then hée shall haue a writte of Post disseisin, and he which is taken and imprisoned for redisseisin shall not bée deliuered without spe∣ciall

commaundement of the King. Sée the Sta∣tutes thereof Merton cap. 3. Marlebridge cap. 8. And westminster 2. Chapter 26. There is also an o∣ther Assise called Assise of Fresh force, & lieth where a man is disseysed of tene∣mentes which are diuisi∣ble, as in the Citie of Lon∣don or other Boroughs or Townes that be Fraun∣chises, then the defen∣daunt shall come into the Court of the said Towne and enter his playnt, and shall haue a writ directed to the Maior or Baylifes &c. and thereupō shal passe a Iurie in manner of as∣sise of nouel disseisin. But it behooueth that he doe en∣ter his plaint within for∣tie dayes as it is said or o∣therwise he shalbe sent to the common law. And if the Officers delay the exe∣cution, then the plaintife shall haue an other writ to haue execution, And a Si∣cut alias, and a Pluries &c. Sée Litt▪ cap. Rents, Assise is a worde of two signifi∣cations.

¶ Assise de darraine presentment.

ASsise de darraine pre∣sentment, look therof af∣ter in y^• title Quare impedit

¶ Assise de Mortdan∣cester.

ASsise de Mortdancester, looke thereof in the title Cosinage.

¶ Attainder.

ATtainder, is a conuictiō of any person of a crime, or faulte whereof hee was not conuict before, as if a man haue committed felo∣ny, treason, or such like, and thereof is indicted, arraig∣ned and found guiltie and hath iudgement, then hee is said to be attainted, and this may bee two waies, the one vpon apparāce, the other vpon default, the at∣tainder vpon apparance is by confession battaile or verdict, the attainder vpon default is by processe vntill he be outlawed.

¶ Attaint.

ATtaint, is a writ and li∣eth where false verdict is giuen by twelue men, &

iudgement giuen thereon, that the partie agaynst whome they haue passed, shall haue a writ against the twelue men, and when they be at issue it shall bee tried by xxiiii. Iurors, and if the false verdict be found, the twelue men be attaint, and then the iudgement shall bee, that their med∣dowes shall be ayred, their houses broken downe, their woods turned vp, and all their landes and tene∣mēts forfaited to the king, but if it passe against him that brought that attaint, he shall be imprisoned and grieuously raunsomed at the kinges will. Sée the statute 23. H. 8. cap. 3. At∣taint also is when iugemēt is giuē in Treason or Fe∣lonie.

63 Attournement.

ATtournement, is when one is tenaunt for terme of life, and he in reuersion or remainder granteth his right or estate to another, then it behoueth the tenant for terme of life to agree thereto, and this agree∣ment is called an Attourn∣ment,

for if he in the reuer∣sion graunt his estate and his right to another, if the tenant for terme of life at∣turne not, nothing passeth by the graunt.

But if it be graunted by fine in Court of record hee shalbe cōpelled to atturne, And looke thereof after in the title Quid iuris clamat, looke more of this in Little∣ton Lib. 3. chap. 10.

¶ Audita quaerela.

AVdita quaerela, is a writ and it lieth where one is bounde in a Statute mar∣chant, statute Staple or Recognisance, or where iudgemēt is giuen against him for debt and his bodie in execution thereupon, thē if hee haue a release or o∣ther matter sufficient to be discharged of execution but hath no day in Court there to pleade it, then hee shall haue this writte a∣gainst him which hath re∣couered, or against his ex∣ecutors.

¶ Auerment.

AVerment, is where a man pleadeth a plée in a∣batment

of the writ or bar of y^• action, which he saieth he is readie to proue as the court will awarde, this of∣fer to proue his plee is cal∣led an Auerment.

66 ¶ Auerpeny.

AVerpenie, that is to bee quit of diuers summes of money for the kings A∣uerages.

67 Auncien demesne.

Auncien demesne are cer∣taine tenures holden of those Manors that were in the hands of Saint Ed∣ward the confessor, and the which he made to be writ∣ten in a Booke called Domes daie, Sub titulo Regis, and all the landes holden of the said Manors bée auncien demesne, and the tenaunts shall not bee impleaded out of the saide Mannors, and if they be, they may shew the matter and abate the writ, but if they answere to the writ, and iudgement be giuen, then the landes become franke fée for euer. Also the tenaunts in auncient de∣mesne, be frée of tolle for all

things concerning their sustenance and husbandry in auncien demesne, and for such landes they shall not bee put or impanelled vpon any inquest. But all the landes in auncien de∣mesne, that are in y^• kings hands, bee franke fee and pleadable at the Common lawe. See more after in the title Sokemans.

Auowrie.

AVowrie, is where one taketh a distresse for rēt or other thing, and the o∣ther sueth repleuin, then he that hath taken it shall iustifie in his plée, for what cause he tooke it, and if he tooke it in his owne right hee ought to shewe that, and so auowe the ta∣king, & that is called his auowry: but if he tooke y^• in or for the right of ano∣ther, then when hee hath shewed the cause, hee shall make conusance of the ta∣king, as bailie or seruaunt to him in whose right hee did take it.

B.

69 Baile.

BAile, is when a man is taken or arrested for fe∣lonie, suspition of felonie, indicted of felonie, or any such case, so that he is re∣strained of his libertie. And being by law bayla∣ble, offereth surety to those which haue authoritie to ba••le him, which suerties are bound for him to the Quéenes vse in a certaine summe of money, or bodie for bodie, that hee shall ap∣peare before the Iustices of Gaole deliuerie at the next Sessions &c. Then vpon the bondes of these suerties, as is aforesaid, he is bailed, that is to saye, set at libertie vntil the day appointed for his appea∣rance.

Bailement.

BAilement, is a deliuerie of things whether it be of writings, goods or stuffe to another, some∣times to be deliuered back to the bailor, that is to saye

to him that so deliuered it, sometimes to the vse of the bailife, that is to saye, of him to whome it is deli∣uered, and sometimes also it is deliuered to a thirde person, this deliuerie is called a bailement.

Bailife.

BAilife is an officer that belongeth to a mannor, to order the husbandrye, and hath auctoritie to paye quite rents issuing out of the mannor, fell trees, re∣paire houses, make pales, hedges, distraine beastes dooing hurt vpon the ground, and diuers such like.

This officer is he whom the auncient Saxons cal∣led a Reeue, for the name Bailife was not yet kno∣wen amongst them, but came in with the Nor∣mans, and is called in La∣tin Villicus.

Back berind theefe.

BAck berinde theefe is a theefe that is taken with the maner, that is to say, hauing that found vp∣on him (being followed

with the hue and crie) which hee hath stollen, whether it be money, lyn∣nen, wollen, or other stuffe, but it is most properly said, when he is taken ca∣rying those things that he hath stollen in a bundell or fardel on his backe.

73 Bargaine and sale.

Bargaine and sale is whē a recompence is giuen by both the parties to the bargaine: as if one bargain and sell his land to an o∣ther for money, heere the land is a recompēce to him for the money, & the mo∣ney is a recompence to the other for the land, & this is a good contract & bar∣gaine, and fee simple pas∣seth notwithstanding hee doeth not saye to haue and to hold the land to him and to his heires. And by such a bargaine and sale landes may passe without liuerie of seisin, if the bargaine & sale be by déede indented, sealed & inrolled, either in the countie where the land lieth, or in one of the Q. courts of record at west∣minster w^tin vi. moneths

next after the date of the same writing indented, according to the statute in that behalfe made in the 27 peere of H. 8. ca 16.

Barre.

BArre, is when the defen∣dant in any action plea∣deth a plee which is a suf∣ficient aunswere, and that destroyeth the action of the plaintife for euer.

Base fee.

TO hold in Fee base, is to holde at the wil of the Lorde.

Bastardie.

BAstardie, is hee that is borne of any woman not married, so that his father is not knowen by the or∣der of the lawe, and there∣fore he is called the childe of the people.

But by the law of the Romish Church, if one get a child vpon a woman which childe is borne out of wedlocke, and after hee marrie the same woman, then such a childe shall bee saide Mulier, and not ba∣starde.

But by the law of En∣gland he is a bastarde, and for that cause when such special bastardie is allea∣ged, it shalbee tryed by the countrey, and not by the Bishop. But generally bastardie alleaged shalbee tryed by the certificate of the Bishop.

And if a woman be great with childe by her hus∣band who dyeth, and shee taketh an other husbande, and after the chylde is borne, this chylde shal be said the childe of the first husbande. But if shee were priuily with childe at the time of the death of her first husbande, then it shalbe said the child of the second husband. But in∣quire farther and see the o∣piniō of Thorp 21. E. 3. 39

Also if a man take a wi••e which is great with child by another that was not her husband, and after the childe is borne within the espousels, then it shall bee said the childe of the hus∣band, though it were borne but one daye after the es∣pousels solemnised.

Battaile.

BAttaile is an auncient trial in our lawe, which the defendant in an appeal of murder, robberie, or fe∣lonie may chuse, that is to say, to fight with the ap∣pellant, for proofe whe∣ther he be culpable of the felonie or not: which combate, if it fall out so well on the part of the de∣fendant that he doth van∣quish the appellant, he shal go quit & barre him of his appeal for euer. But if one be indicted of felony, & an appeal is brought vpon y^• same indictment, there the defendant shall not wage battaile: battaile also may be in a writ of right.

Bigamy.

BIgamy, was a counter∣plea (deuised at y^• coun∣cel of Lions, vpon mislike of second mariage) to be obiected when the priso∣ner demaundeth the bene∣fite of the clergye, to wit his booke, as namely to say, that he which deman∣deth the priuiledge of the clergy, was maried to such a woman, at such a place,

within such a diocesse, and that shee is dead, and that hee hath married another woman within the same dioces or within some o∣ther dioces, and so is Bi∣gamus. Or if he haue béen but once maried, then to saye, that shee whome hee hath married, is or was a widowe, that is to saye, the left woman of such a one &c. which thing shall be tryed by the Bishop of the Dioces where the ma∣riages are alleadged. And being so certified by the Bishop, the prisoner shall loose the benefite of the clergie. But at this day by force of the acte made in An. 1. E. 6. ca. 12. this is no plea, but that he may haue his clergie that notwith∣standing.

So is Brook titulo cler∣gie placito 20▪ to the same purpose. And hereupon if you bee desirous to sée what reasons they haue that perswade against se∣cond marriages, read a∣mōg many others Frances Petrarche of remedies for both fortunes, the first booke & lxxvi. Dialogue,

intituled of second marri∣age, which Booke now of late Master Thomas Twyne, hath very well▪ & with good grace (as they that can iudge do say) trā∣slated out of Latin into English, and most aptly called it Phisicke against fortune.

Bloodwit.

BLoodwit, that is, to bée quit of amercementes for bloudshedding, and what pleas are holden in your court, you shall haue the amercementes thereof comming, because (wit) in English is misericordia in Latin.

Boote.

BOote, is an old worde, & signifieth helpe, succor, ay••t or aduantage, and is commonly ioyned with an other worde, whose signi∣fication it doth augment, as these, bridgboot, burgh∣boot, fireboote, hedgeboot, plowboote and diuerse o∣thers such like, for whose significations look in their proper titles.

81 Broodhalpeny.

BRoodhalpeny, in some copies, broodhalbeny, that is to be quit of a cer∣taine custome exacted for setting vp of tables.

82 Burgage.

TO hold in Burgage, is to hold as if y^e Burgeis holde of the King, or of another lord landes or te∣nements, yeelding to him a certain rent by y^e yere, or els there, where an other man then burgeis holdeth of any lord lands or tene∣mēts in burgage yéelding to him a certaine rent by yeere.

83 Brugbote.

BRugbote (and in some copies Bridgbote) that is to bee quit of giuing aide to the repayring of bridges.

84 Burghbote.

BVrghbote, that is to be quite of giuing ayde to make a Borough, cattell, citie, or walles throwne downe.

Burghbrech.

BVrghbrech, that is to be quit of trespasses done in Citie or Borough a∣gainst the peace.

Burgh English:

BVrgh English, or Bo∣rough English, is a cu∣stome in some ancient bo∣rough, that if a man haue issue diuers sonnes & dy∣eth, yet the yongest sonne only shal inherite and haue all the lands & tenements that were his fathers, whereo•• hee dyed seised within the same burgh by discent, as heire to his fa∣ther by force of the custome of the same borough.

Burglarie.

BVrglarie, is when one breaketh & entreth into the house of another in the night with felonious intent to robbe or kill, or to doe some other felony, in which cases although hee carrie away nothing, yet is it felony▪ for which hee shall suffer death. O∣therwise it is, if it bee in the day time, or that hee

breake the house in the night, and enter not therin at that time.

But if a seruaunt will conspire with other men to robbe his Master, & to that intent he openeth his Masters doores and win∣dows in y^• night for them, that they come into the house by that way, this is Burglarie in the stran∣gers, and the seruant is a thee••e but no Burglar. And this was the opinion of the right worshipfull sir R. Manwood knight, most worthie Lord•• chiefe Baron of the Eschequer, at the quarter Sessions holden at Canterbury in Ianuary 1579. 21. Eliz.

88 Capias.

CApias, looke for that af∣ter in the title Proces.

89 Caruage.

CAruage, that is, to bee quite if the king shall taxe al his land by carues. Note that a Carue of land is a Plow land.

90 Certification of assise.

CErtification of Assise of nouel disseisin, is a

writ, and lieth where the Batlife of the tenant plea∣deth no wrong, &c. & loseth by the Assise, then if the te∣nant haue a release or o∣ther writing to plead hée shall haue this writ, and the first Iurors shall bée warned to appeare before the Iustices and the par∣ties also, then if it may be found that the release or writings are true & good, hée that recouered in the Assise shall yéelde double dammages, and shall lose the land.

Cerciorari.

CErciorari, is a writ and it lieth where one is im∣pleaded in a base court, that is of record, and he suppo∣seth that he may not haue equall Iustice there, then vpon a bill in the Chance∣ry comprising some matter of conscience he shall haue this writ to remoue all the Record in the Chancery & there to be determined by conscience, but if he proue not his bill, then the other partie shall haue a writ of Procedendo, to send a∣gaine the Record into the

base court, & there to be de∣termined. And it lieth in many other cases, for to re∣moue records for the king as indictments and other.

92 Cession.

CEssion is when an Ec∣clesiasticall persō is cre∣ated Bishop, or whē a par∣son of a parsonage taketh another benefice without dispensation or otherwise not qualified &c. In both cases their first benefices are become void, & be said to become void by cession, and to those that hée had who was created bishop, The king shall present for the time whosoeuer be pa∣tron of thē. And in y^• other case the patrō may presēt.

93 Cessauit.

CEssauit, is a writ, and it lyeth where my verie tenant which holdeth of mée certaine lands and te∣nements, yéelding certaine rent by the yere, & the rent is behind not paid by two yeres, and no sufficient di∣stresse may be found vpon the lande, then I shall re∣couer the lande, but if the

tenant come into the court before iudgement giuen, and tender the arrerages and dammages, and finde suertie, that he shall cesse no more in payment of the sayde rent, I shalbe com∣pelled to take the arrera∣ges and the damages, and then the tenaunt shall not loose the lande. Also the heire may not maintayne this writte for the cesser made in the time of his an∣cestor, Also this writ lieth not but for Annuei•• ser∣uice as rent and such other and not for homage and fe∣altie.

Also there is an other writ called Cessauit de cā∣taria, and it lieth where a man giueth land to a house of religion to finde for his soule and his auncestors, and his heires, yéerely a Lampe in the Church, or to say deuine seruice or to féede the poore, or other al∣mes, or some other thing to doe, then if the said charge be not done in two yéeres, then the donor or his heirs shal haue this writ against whosoeuer holdeth the thinges giuen alter such

cessure. Sée the Statute w. 2. cap. 41.

94 Challenge.

CHallenge, is where Iu∣tors appeare to trie an issue, then if any of the par∣ties suppose that they are not indifferent they may there challenge and refuse them.

There be diuers challen∣ges, one is challenge to the array, y^t other to the polls.

Challenge to tharray, is when the panell is fauo∣rably made by the Shirife or other officer.

Challenge by polies are some principall and some by cause as they call it.

Principall, is when one of the Iurors is the sonne, brother or cousin, to the plaintife or defendāt, or te∣nant to him or that he hath espoused the daughter of the plaintife, and for those causes he shal be w^tdrawen.

Also in a plée of the death of the man and in euerie action real and in actions personall, if the debt or dammages amount to for∣tie markes it is a good challenge, that hée cannot

dispend xl. s. by the yéere of fréehold.

Challenge by cause, is where the party doeth al∣leage a matter which is no principall challenge, as that the Sonne of one of the Iurors hath espoused the daughter of the plain∣tife, and then hée doth con∣clude, and therefore hée is fauorable, which shall bée tried by others of then∣quest, whether he be fauo∣rable or indifferent, and if they say, y^• he is fauorable and not indifferent, then he shalbe drawen out, other∣wise he shalbe sworne.

Also a felon that is ar∣raigned may challenge xx. Iurors peremptory with∣out any case, and that is in fauour of life, and as many as he will with cause, but then it shall bee tried if for such cause he be indifferent or not.

Champertie.

CHampertie is a writte and lyeth where two men bée impleading, and one giueth the halfe or part of the thing in plée to a Straunger for to main∣tain

him against the other, then the partie gréeued shal haue this writ against the straunger. Sée the Sta∣tute Articuli super Char∣tas cap. 11.

96 Champertors.

CHampertors be they that moue plées and suites, or cause to bee moued by their owne or others pro∣curement, and sue them at their owne costes, to haue part of the lands, or gaines in variance.

97 Charge.

CHarge is where a man graunteth a rent issu∣ing out of his ground, and that if the rent be behind, it shalbe lawfull for him, his heires and assignes to distrayne till the rent bée payed, this is called a rent charge. But if one graunt a 'rent charge out of the land of an other, and after purchase the lād, the grant is void.

98 Charters.

CHarters of landes are writings, déeds, euidē∣ces, & instrumēts, made frō one man to an other, vpon

some estate cōueied or pas∣sed betweene them of lands or tenements she wing the names, place and quantity of the land, the estate, time & maner o•• the doing ther∣of, the parties to the estate deliuered & taken, the wit∣nesses present at the same, with other circumstances.

Chattels.

CHattels, are in two sorts that is to say, chattels reals and chattels perso∣nels, Chattels reals are leases for yeeres, wards, & to hold at will.

Chattels personels are all moueable goods, as mo∣ney, plate, houshold stuffe, horses, kyne, corne, and such like.

Childwit.

CHildwit, that is, that you may take a fine of your bondwoman, defiled and begotten with childe without your licence.

Chimin.

CHimin, is the high way where euery man goeth which is called via Regia, and yet the King hath no

other thing there but the passage for him & his peo∣ple, for the freeholde is in the Lords of the soyle, and all the profit growing there, as trees and other things.

102 Thing in action.

THing in action, is when a mā hath cause, or may bring an action for some duetie due to him, as an action of debt vpon an ob∣ligation, annuitie, rente, couenant, warde, goods, trespas or such like, and because that they are things whereof a man is not possessed, but for reco∣uerie of them is driuen to his action, they are called Thinges in action. And those things in action that are certaine, the Quéene may graunt, and the gran∣tée may vse an action for them in his owne name on••lie. But a common person cannot graunt his thing in action, nor the Quéene her selfe cannot graunt her thing in ac∣tion which is vncer∣tain, as trespasse and such like.

Cinque ports.

CInque ports, be certaine hauen townes, fiue in number, to which haue béen graunted long time since many liberties (that other porte townes haue not) and that first in the time of King Edwarde called the Confessor (who was before the conquest) and hath béene increased since, and that chiefly in the daies of the thrée Ed∣wards, the first, the second, and third (since the Con∣quest) as appeareth in the booke of Domesday, and other olde Monuments, which in this work should be too long to recite.

Circuitie of action.

CIrcuitie of action, is whē an action is rightfully brought for a duetie, but yet about the bushe, as it were, for that it might as well béen otherwise aun∣swered and determined, and the suite saued, and because that the same ac∣tion was more then neede∣full, it is called circuitie of action: As if a man grant a rent charge of x. pounde

out of his manor of Dale, and after the Grauntee disseiseth the grauntor of the same mannor of Dale, and hee bringeth an Assise and recouereth the lande, and xx. pound dammages, the which xx. pound being paied, the grauntee of the rent sueth his action for x. pounde of his rent due du∣ring the time of the dissei∣sin, which if no disseisin had bin he must haue had, This is called circuitie of action, because it might haue béen more shortly an∣swered, for whereas the grantor should receiue xx. pound damages, and pay x. poūd rent, he might haue receiued but the x. li. onely for the damages▪ and the grauntée might haue cut••e off and kept backe the o∣ther x. li. in his handes by waie of detainer for his rent, and so thereby might haue saued his action.

105 Claime.

CLaime, is a challenge by any man of the proper∣tie or ownership of a thing which he hath not in pos∣session, but that which is

withholden frō him wrōg∣fully.

Clergie.

CLergie, is an auncient libertie confirmed in di∣uers parliaments, And it is when a man is arraig∣ned of felonie or such like before a temporall Iudge &c. and the prisoner praieth his Clergie, that is to say, to haue his Booke, which in auncient time was as much as if hee desired to be dismissed from the tem∣poral iudge, and to bee de∣liuered to the Ordinarie to purge himselfe of the same offence. And then the Iuoge shall command the Ordinarie to trie if he can reade as a Clerke in such a Booke and place as the Iudge shall appoint. And if the Ordinarie cer∣tifie the Iudge that he can, then the prisoner shall not haue iudgement to loose his life. See Stamford. lib. 2. cap. 41. and séeke the statute 18. Eliz. cap. 7.

Clerke Attaint.

CLerke Attaint, is hee which praieth his cler∣gie

after iudgement giuen vpon him of the Felonie, and hath his clergy allow∣ed, such a clerke might not make his purgation.

108 Clerke Conuict.

CLerke conuict, is hee which praieth his cler∣gie before iudgement giuen vpon him of the felonie, and hath his Clergie to him granted, such a clerke might haue his purgation. Note that this purgation was made, when hee was dismissed to the ordinarie, there to bee tried of the en∣quest of clerkes. And ther∣fore now by the stat. of 18 El. c. 7. no such is put to the Ordinarie.

109 Colour.

COlour, is a fained mat∣ter, which the defendant or tenāt vseth in his barre when an action of trespas or an assise is brought a∣gainst him, in which hée giueth the demaundant or plaintife a shewe at the first sight, that hee hath good cause of action, where in trothe it is no iuste cause, but only a colour and

face of a cause: and it is v∣sed to the intent that y^• de∣termination of the action should be by the Iudges, & not by an ignorant Iurie of xii. men. And therefore a colour ought to bee a mat∣ter in law or doubtfull to y^• common people: as for ex∣ample, A. bringeth an assise of land against B. and B. saith that hee himselfe did let the same lande to one C. for terme of life, and af∣terwarde did graunt the reuersion to A. the deman∣dant and after C. the tenāt for terme of life died, after whose decease, A. the de∣mandant claiming the re∣uersion by force of y^• grant (wherto C. the tenant for life, did neuer atturne) entred, vpon whome B. entred, against whom A. for that entre, brings this assise &c. This is a good colour because the com∣mon people, thinke that the land will passe by the graunt without Atturne∣ment, where inde••••r it will not passe, &c.

Also in an action of trespasse, colour must bee giuen, and of them are

an infinite number, one for example: in an action of trespasse for taking a∣way the plantifes beasts the defendant saith, that before the plaintife had a∣ny thing in them▪ hee himselfe was posses••ed of thē as of his proper goods, & deliuered them to A. B. to deliuer them to him a∣gaine, when &c. And A. B. gaue thē vnto the plaintif, and the plaintife suppo∣sing the propertie to be in A. B. at the time of the gifte, tooke them, and the defendant tooke them from the plaintife, whereupon the plaintife bringeth an action, this is a good co∣lour and a good plea. Sée more hereof in the Dia∣logues betwéene the Doct. and stud. lib. 2. cap. 13.

110 Colour of office.

COlour of office, is al∣waies takē in the worst part, and signifieth an acte euill done by the counte∣nance of an office, and it beareth a dissembling face of the right office, where∣as the office is but a vaile to the falsehood, and the

thing is groūded vpō vice, and the office is as a sha∣dowe to it. But by reason of the office, and by vertue of the office are taken al∣waies in the best part, and where the office is the iust cause of the thing and the thing is pursuing y^• office.

Collusion.

COllusion, is where an action is brought a∣gainst another, by his own agréement if the plaintife recouer, th••n such recouery is called by Collusion, and in some cases the collusion shall bee inquired of as in Qu••re impedit, and Assise and such like, which any corporation or bodie poli∣tique bringeth against an other to the intent to haue the lande or aduowson, wherof the writ is brought into Mortmaine. But in auowrie nor in an••e action personal, the collusion shall not be enquired. Sée the Statute w. 2. chapt. 32. which giueth the quale ius and inquirie in such ca∣ses.

Common ley.

COmmon lawe, is for the most parte taken three wa••e••s, First, for the laws of this Realme simplie, without anie other, as cu∣stomarie lawe, ciuill law, spiritual lawe, or wha••soe∣uer else lawe ioyned vnto it, as when it is d••spu••ed in our lawes of Englande, what ought of right ••o be determined by the commō lawe, and what by the spi∣rituall Lawe, or Admi∣ral•• Court, or su••h like.

Secondarily it is taken for the kings Courtes▪ as the Kings Bench or com∣mon place, on••lie to shewe a difference between them and the base Courtes, as customarie courtes, Court Barons, County courtes, p••powders and such like, as when a plée of lande is remooued out of auncient demesne, because the land is franke fee and pledable at the Common Lawe, that is to saye, at the Kinges Courte, and not in Auncient demesne, or in anie other base Court.

Thirdly, and most vsu∣ally

by the common lawe is vnderstood, such lawes as were generally taken and holden for lawe be∣fore any Statute was made to alter the same, as for example, Tenant for l••••e nor for yeres, were not to bee punished for doing wast at the common law, til the statute of Glouce∣ster, ca. 5. was made which doth giue an actiō of wast against them. But tenant by the curtesie and tenant in dower were punisha∣ble for wast at the common law▪ that is to saye, by the vsuall and common recei∣ued lawes of the Realme before the saide statute of Gloc. was made.

Common.

COmmon, is the right, that a man hath to put his beasts to pasture, or to vse & occupy the grounde, that is not his owne.

And note that there be diuers commons, that is to saye, common in grosse, common appendant, com∣mon appurtenant, and co∣mon because of neighbor∣hood.

Common in grosse is where I by my deede grant to another that hee shall haue common in my lande.

Common appendant is where a man is seised o•• certaine lande, to the which he hath common in anothers ground, and all they that shall bee seised of the land haue y^• said com∣mon onely for those beasts which compast that lande to which it is appendant, excepting geese, goates & hogges.

And alwayes this com∣mon is by prescription and of common right, and it is appendaunt to erable lande onely, and not to any other lande or house.

Common appurtenant is in the same manner, as common appendant. But it is with all manner of beastes, as well hogges, goates and such like as horses, kine, oxen, sheepe, and such as compast the ground. And this com∣mon may bee made at this day, and may bee seuered from the lād to which it is

appurtenant, but so can not Common, appen∣dant.

Common because of neighborhood is where y^• tenants o••••. Lords which be seised of two townes, where one lyeth nigh ano∣ther, & euery of them haue vsed from the time where∣of no minde runneth, to haue common in the other towne with all manner of beastes comminable.

But the one may not put his cattel in the others ground, for so they of the other towne may distraine them Damage fesant, or may haue an actiō of tres∣pas, but they may not put thē into their owne fields, and if so they straye into the fieldes of the other towne, they there ought to suffer them, And the inha∣bitants of the one towne ought not to put in as ma∣ny beastes as they wil, but hauing regard to the inha∣bitants of the other town, for otherwise it were no good neighborhood, vpon which all this matter doth depend.

114 Condition.

COndition, is a restraint or bridle annexed and ioyned to a thing, so that by the not performance or not doing thereof the par∣tie to the condition shal re∣ceiue preiudice and losse, and by the perfourmance and dooing of the same commoditie and aduaun∣tage.

And all conditions are either Conditions actu∣all and expressed, which bee called conditions in déede, or els they bee con∣ditions implyed or couert, and not expressed, which are called Conditions in Law.

Also all conditions are either Conditions prece∣dent and going before the estate, and are executed, or els subsequent and follow∣ing after the estate & exe∣cutorie.

The Condition prece∣dent doth get and gain the the thing or estate made vpon condition by the per∣formence of the same.

The Condition subse∣quent doeth kéepe & conti∣nue the thing or estate

made vpon condition by the performance or y^• same.

Actuall and expresse condition, which is called a condition in déede, is a condition knit and annex∣ed by expresse words to the feoffement, lease or grant, eyther in writing or with∣out writing. As if I in∣feoffe a man in landes re∣seruing rent, to be paid at such a feast, vpon conditi∣on, that if the feoffée faile of payment at the day, that then it shalbe lawfull for me to reenter.

Condition implied or couert and not expressed, which is called a condi∣tion in lawe, is when a man graunteth to an other the office to be kéeper of a Parke, Steward, Bea∣dle, Baylife, or such lyke for terme of lyfe, and though there be no condi∣tion at all expressed in the grant, yet the lawe spea∣keth couertly of a condi∣tion, which is, that if the grauntée do not execute all pointes appertayning to his office, by himselfe or his sufficient deputie, then it shall bée lawfull to the

grauntor to enter and dis∣charge him of his off••ce.

Condition precedent and going before is, when a lease is made to one for life vpon condition, that if the lessée for life will pay to the lessor xx. li. at such a day, that then hee shall haue fee simple, héere the condition precéedes and goeth before the estate in fee simple, and vpon the performance of the condi∣tion doth get and gaine the fée simple.

Condition subsequent and comming after, is whē one granteth to I. S. his manor of Dale in fee sim∣ple vpon condition, that the grauntee shall paye to him at such a day xx. pound or else that his estate shall cease, heere the condition is subsequent and follow∣ing the estate in fée simple, and vpon the performance thereof deoth kéepe & conti∣nue the estate.

See more of this in Lit∣tleton lib. 3. ca. 5. And Per∣kins in the last title of Cō∣ditions.

Confirmation.

COnfirmation is when one which hath right to anie landes or tenements maketh a déede to an other which hath therof the pos∣session or some estate with these wordes, Ratificalle, approbasse, confirmasse, with intent to inlarge his estate, or make his pos∣sess••on perfect and not de∣fesible by him that maketh the confirmation, nor by a∣ny other that may haue his right.

Whereof sée more in Lit∣tleton lib. 3. cap. 9. of Con∣firmations.

Confiscate goodes.

COnfiscate goodes are goods to which the lawe entitleth the Queene whē they are not claymed by anie other. As if a man be indicted that he feloni∣ouslie stole the goodes of I. S. where in trueth they are his owne goodes, and they are brought into the Court against him as a maineur, and then hée is demaunded what he saieth to those goods, and he deni∣eth them, now by this de∣nying

of them, he shall loose those goods, although that afterward he be acquited of the felonie, and so mo∣ther like cases.

117 Conspiracie.

COnspiracie is a writ and it lyeth where two or more knit themselues to∣gether by oth, couenant, or other maner of aliāce, that euery one shall helpe other for to indict or appe••le any man of felonie, then hee which is by such maner indicted or appealed shall haue this writ, But this writ lieth not against the indictors.

Sée more herof in Stam∣ford lib. 3. cap. 12.

118 Custome.

CVstomes and seruices is a writ, and lieth where I or my auncestors after the limitatiō of assise, were not seysed of the customes or seruices of my tenant before, then I shall haue this writ to recouer those seruices.

Also the tenaunt may haue this writ against his Lord, but after that the tenant hath declared, the

Lorde shall defende the wordes of the declaration and replying shall say, that hée distrayned not for the customes whereof the de∣claration is, and then he shall declare all the decla∣ration of the customes and seruices, and then the te∣nant who was plaintife shal become defendant, and shall defende by battaile or great assise.

Consultation.

COnsultatiō, Looke ther∣fore after in the title of Prohibition.

Continual claime.

COntinual claim is wher a man ha••h right to enter into certaine landes where of an other is seised in fée simple or fée tayle, and hee dare not enter for feare of death or beating, but approcheth as nigh as he dare, & maketh claime thereto within the yeare and day before the death of him that hath the landes, if after hee which hath the lande die seiseo, & his heire is in by discent, yet he that maketh such claime may enter vpon the h••ire not∣withstanding

such discent, for that that he hath made such cōtinuall claime: But it behoueth that such claim alwayes be made within the yéere & the day before the death of the tenant, for if such a tenant doe not die seysed within a yeere and a day after such claime made, and yet he that hath right dare not enter, then it be∣houeth him that hath such right to make an other claime within the yéere & day after the first claime, & after such second claime to make y^e third claime with∣in the yeere and day, if hée will be sure to saue his en∣tre. But if the disseisor die seysed within the yeere and day after the disseisin, and no claime ma••e, then the entre of the disse: sée is takē away, for the yéere and day shall not be taken from the time of the title of the en∣tre to him growē, but only frō the time of y^• last claime by him made as is afore∣said. See more hereof in Littleton ••ib. 3 cap. 7.

Counterplee.

COūterplee is where one bringeth an action, & the

tenāt in his answere & plée voucheth or calleth for any man to warrāt his title, or praieth in aid of an other, which hath better estate then he, as of him that is in the reuersion, or if one that is a stranger to the action, come and pray to be receiued, to saue his estate, if the demaundant replie thereto, & shew cause that he ought not such a one to vouch, or that he ought not of such a one to haue ayd, or that such a one ought not to be receiued, this plée is called a counterplee to the voucher, aid, or resceit, as the case is, but if the voucher be allowed, and when vouche commeth in, and demādeth what cause the tenant hath, and the te∣nant sheweth his cause & the vouche pleed to anie thing to auoid the warrā∣tie, that is called a counter∣plee to the warrantie.

Contract.

COntract, is a bargaine, or couenant betweene two parties, where one thing is giuen for another which is called, Quid pro

quo, as if I sell my house for money, or if I couenant to make you a lease of my mannor of Dale in consi∣deration of twentie pound that you shal giue me, these are good contractes, be∣cause there is one thing for an other, but if a man make promise to me, that I shall haue twentie shillinges, and that he will bée debtor to mée thereof, and after I aske the twentie shillings, and hée will not deliuer it, yet I shall neuer haue any action to recouer this twē∣tie shillinges, for that that this promise was no con∣tract but a bare promise. And ex nudo pacto non o∣ritur actio, but if any thing were giuen for the twentie shillinges though it were not but to the value of a pe∣ny, then it had béene a good contract.

123 Contra formam col∣lationis.

COntra formam collatio∣nis, is a writte, and it lyeth where a man had giuen landes in perpetuall almesse to any of the late houses of Religion, as to

an Abbot, and to the co∣uent or other Soueraigne, or to the war••en or Ma∣ster of any Hospitall, and his couent to find certaine poore men, and to doe o∣ther diuine seruice, if they alien the landes, then the donour or his heires, shall haue the saide writ for to recouer the lande, but this writte shall bée alwaie brought against the Ab∣bot or his successour, and not against the alien, al∣though that he be tenaunt, but in all other actions where a man demaundeth freeholde, the writ shall be brought against the tenant of the land. See the Sta∣tute w. 2. cap. 41.

Contra formam feoffa∣menti.

COntra formā feoffamē∣ti, is a writte, and it ly∣eth where a man before the Statute of, Quia emp∣tores terrarum, which was made Anno 18. Edw. in∣feoffeth an other by deede to do certaine seruice if the feoffour or his heires di∣straine him to doe other seruice then is comprised

in the déede, then the te∣naunt shall haue this writ, commaunding him that he distraine not him to doe o∣ther seruice, that is not comprised within the déed, but this writ lieth not for the plaintife which clay∣meth by purchase from the first feffée: but for such plaintife as cloymeth as heire to the first feffée.

125 Contributione fa∣cienda.

COntributione facienda, is a writ, and it lyeth where there are diuerse Parceners, and hée which hath the part of the eldest doth make all the suite to the Lord, the other ought to make contribution to him, and if they will not, he shall haue against them the saide writ.

126 Conusance.

COnusance of Plée, is a Priuiledge that a Ci∣tie or Towne hath of the Kings graunt t•• hold plee of all contractes, and of landes within the pre∣cincte of the Franches, and that when any man is

impleaded for anie such thing in the Court of the King at Westminster, the Maior and Baylifes of such frāchises or their At∣turney may aske Conu∣sance of the plée, that is to say, that the plée and the matter shall bee pleaded & determined before them. But if the Court at West∣minster be lawfully seysed of the plée, before Conu∣sance be demaunded, then they shall not haue Co∣nusance for that suite, because they haue negli∣gently surceased their time of demaunde thereof, but this shall bee no barre to them to haue Conusance in an other action, for they may demaund Conusance in one action, and omit it in an other action at their pleasure.

And note that Conu∣saunce lyeth not in pre∣scription, but it behooueth to shew the Kings letters patents for it.

Corodie.

COrodie is an allowance of meate, bread, drinke, money, clothing, lodging, and such like thinges ne∣cessarie

for sustenance, It is somtimes certein where the certeinty of thinges is set downe, sometimes vn∣certeine where the certein∣tie of thinges is not sett downe which he shal haue, And some of them began by grant made by one man to another, and it may bée for life, yeres, in taile, or in fée, and some Corodies are of common right as euerie founder of Abbies, Prio∣ries, nunries & other hou∣ses of religion, had auctho∣ritie to assigne such in the same house, whē they were standing for father, brother Cosin or other man that he would appoint, should take it, if it were a house of Monkes, and ••••he were founder of a house of nuns or women, then for his Mother, Sister, cosin or o∣ther womā that he would direct thether, and al∣waies this was prouided for, that he that had Coro∣die in a house of Monkes might not sende a woman to take it. Nor where Co∣rodie was due in a Nun∣rie, there it was not law∣ful to appoint a man to re∣ceive

the same, for in both cases such presentation was to bee reiected, And this corodie was due as∣well to a common person that was foūder, as where the Kinge himselfe was founder, but where the house was holden in frank∣almoigne, there the tenure it selfe was a discharge of corodie against all men, ex∣cent it were afterwarde charged voluntarily, as when the king would send his writ to the abbot for a corodie, for such a one whō they admit, there the house should be thereby char̄ged for euer, whether the king were founder or not, See the writ of Corod. hab. in Fitz Natura br. fol. 230.

Crowner.

CRowner, is an anciēt of∣ficer of trust and of great aucthority ordained to be a principal cōseruator, or ke∣per of the peace to beare re∣cord of the Plces of y^• Crown and of his owne sight and of diuers other thinges manie in number &c. and therefore in Kinge Ed∣ward the first daies this

Statute following was made forasmuch as meane men and vndiscréete nowe of late are commonly cho∣sen to the office of the Co∣roner, where it is requi∣site that wise men lawfull & able shoulde occupie such offices, It is prouided that through al shires sufficient men shoulde bee chosen to bee Coroners, out of the most wise and discréetest Knights which best kn••w coulde and woulde attend this Office, and which faithfully made and repre∣sented the Plées of the Crowne.

And although the Let∣ter of this statute bee not precisely obserued, yet at the least the intent should bee followed as ••••ghe as ••••ought bee, that for the default of Knights, Gen∣tlemē furnished with such qualities as the Statute setteth downe (of which sort there be many) might be chosen with this additi∣on that they be vertuous & good knowen Christians. Sée hereof in the writ de Coronatore eligendo in Fits Natura breuiū fol. 1••3.

Corporation.

COrporation, is a per∣manent thing that may haue succession. And it is an assembly and ioinyng together of manie into one felowship, brotherhoode and minde, whereof one is head and chiefe, the rest are the bod••e, and this heade and bodie knitte to∣gether make the Corpo∣ration. And of Corpo∣rations some are called spirituall and some Tem∣porall, and of those that are Spirituall, some are cor∣porations of dead persons in Lawe, and some other∣wise, and some ar•• by the authoritie of the King one∣lie, and some haue been of a mixte authoritie. And of those that are tēporall some are by the authority of the King also, And some by the Common Lawe of the Realme.

Corporation Spiritual and of dead persons in the Lawe, is where the corpo∣ration consisteth of an Ab∣bot and couent, and these had beginning of the king, and the man of Rome whē he had to doe here.

Corporation spirituall, and of able persons in law is where the Corporation cōsisteth of a Dean, Chap∣ter, Master of a Colledge or Hospitall, and this cor∣poration had beginning of the king onely.

Corporation tēporal by the king is where there is a Maior & Comminaltie.

Corporation temporall by authoritie of the Com∣mon Law is the assemblie in Parliament, which con∣sisteth of the Quéene the head of the corporation, and of the Lords spirituall and temporal, & the commons of the realme, the badie of the corporation.

130 Bodies politike.

BOdies politike, are Bi∣shops, Abbots, Priors, Deanes, Parsons of chur∣ches and such like which haue succession in one per∣son onely.

131 Corruption of blood.

COrruption of blood, is when anie is attaynted of Felonie or Treason, then his blood is said to be

corrupt, by meanes wher∣of his children nor anie of his blood cānot be heirs to him or to any other aunce∣stor, for which they ought to claim by him. And if he were a noble or gentleman before, he & all his children therby are made vnnoble & vngētle, hauing regard to the nobility or gentrie they claim by their father, which cannot bee made whole a∣gaine without authoritie of Parliament.

Cosinage.

COsinage, is a writte, and it lyeth where my great Grandfather, my Grand∣fathers Graundfather, or other cosin dieth seised in fée simple, and a stranger a∣bateth, that is to say, en∣treth into the lands, then I shall haue against him this writte, or against his heire, or his alienee, or a∣gainste whomsoeuer that commeth after to the seide landes. But if my Grand∣father die seised and a strā∣ger abateth, then I shall haue a writte of Aiel, But if my father, mother, bro∣ther, sister, vncle or aūt, die

seised, & a stranger abateth; then I shal haue an Assise of Mortdancester.

133 Couenant.

COuenant, is an agree∣ment made by déede in writing & sealed betweene two persons, where euery of them is bounden to the other to performe certaine couenants for his parte, The one of them holdeth not his couenāt but brea∣keth it, then hee which therof feeleth himself grie∣ued, shal haue thereupon a writ of Couenant.

And note well that no writ of Couenant shalbee maintenable without es∣pecialtie, but in the Citie of London, or in some o∣ther such place priuileged by custome and vse.

134 Couerture.

COuerture, is when a mā and a woman are mar∣ried together, now what∣soeuer is done concerning the wife in the time of the continuance of this mari∣age betweene them is said to be done during the co∣uerture, and the wife is

called a woman couert.

COuin, is a secret assent determined in the harts of two or more, to the pre∣iudice of any other: As if a tenant for terme of life, or tenant in ••aile will se∣cretely conspire with ano∣ther, that the other shal re∣couer against the tenant for life the lande which hee holdeth &c. in preiudice of him in the reuersion.

Cui in vita.

CVi in vita, is a writ, and it lyeth where a man is seised of landes in fee sim∣ple, or fée taile, or for terr••e of life in the right of his wife, & alieneth the same land and dieth, then shee shal haue the saide writ for to recouer the land.

And note well that in this writ her title must be shewed whether it be of y^• purchase of the woman, or of the heritage of y^• womā. But if the husband alien the right of his wife, & the husband and the wife dye, the wiues heire may haue a writ of sur Cui iu vita.

137 Cui ante diuortium.

CVi ante diuortium is a writ, & it lyeth in like manner, when such alie∣nation is made by the hus∣band of the wiues lande & after deuorce is had be∣tweene them, then the wo∣man shal haue this writ, & the write shall saye, to whō shee before the deuorce might not gainsay.

138 Curtesie of Eng∣land.

CVrtesie of Englande, is where a man taketh a wife seised in fée simple or fée taile generall, or seised as heire of the taile espe∣ciall, and hath issue by the wife male or female, bée the issue dead or in life, if the wife dye, the husbande shall hold the land during his life by the law of Eng∣land: And it is called tenāt by the Curtesie of Eng∣land, because that this is not vsed in no other realm but onely in England.

D.

139 Damage fesant.

DAmage fesant, is when a straungers beastes

are in another mans ground without lawfull aucthoritie or licence of the tenant of the ground, and there do feede, tread, and otherwise spoyle y^• corne, grasse, woods, or such like: In which case the tenant whom they hurt may ther∣fore take, distraine, and impound them, aswell in the night as in the day. But in other cases, as for rent and seruices and such like, none may distraine in the night season.

Danegelde.

DAnegelde, that is to be quite of a certaine cu∣stom which hath runn som times, which the Danes did leuie in England.

This began first in the time of King Etheldred, who being sore distressed by the continuall inuasion of the Danes, to purchase peace, was compelled to charge his countrey & peo∣ple with importable pay∣ments, for hee first gaue them at fiue seuerall pay∣ments 113000. li. and af∣terwards graunted them

48000 pounds yearely.

141 Darr presentment.

DArrein presentm̄t, Look therefore after in the ti∣tle Quare impedit.

142 Dean & Chapter.

DEane & Chapter, is a bodie corporate spiri∣tuall consisting of manye able persons in lawe, as namely the Deane (who is chiefe) and his Pre∣bendes, and they together make the corporation. And as this corporation may ioyntly purchase lāds and tenements to the vse of their church and succes∣sors. So likewise euery of them seuerally may pur∣chase to the vse of himselfe and his heires.

143 Decies tantum.

DEcies tantum, is a writ, and lyeth where a iu∣rour in any inquest, ta∣keth money of the one parte or other to giue his verdict, then he shall pay tenne times as much as he hath receiued, & euery one that will sue may haue an action, and shall haue

the one halfe, and the king the other halfe. But if the king in such case release by his pardon to such a iu∣rour, yet that shall bee no barre against him that bringeth the action, but that he shall recouer the o∣ther halfe, if his action bée commenced before the par∣don of the King, but if the pardone bee before any ac∣tion, it is a barre against all men, And the same law is of all other actions po∣puler, where one partie is to the king, & the other to the partie that sueth. Also the embr••cers which pro∣cure such inquestes shalbe punished in the same man∣ner. And they shal haue the imprisonment of a yéere, but no iustice shall inquire thereof of office, but one∣ly at the suite of the par∣tie.

Declaration.

DEclaration, is a shew∣ing in writing of the griefe and complaint of the demaundant or plein∣tife against the tenant or defendaunt, wherein he

supposeth to haue recei∣ued wrong, & this declara∣tion ought to be plaine and certaine, both because it impeacheth the defendant or tenant and also compel∣leth him to make answere therto. But note that such declaration made by the demaundaunt against the tenaunt in an action Re∣all, is properly called a Count.

Note that y^• Count or declaration ought to con∣teine demonstration, decla∣ration, & conclusion. And in demonstration are con∣tained ii••. things, (that is to say) who him complai∣neth and against whome, •• for what matter, & in the declaration what ought to be comprised, how and in what manner the action rose betwéene the parties, and when and what daye, yere and place, & to whome the action shalbe giuen.

And in the conclusion he ought to auerre & profer to prooue his suit, and shewe the damage which he hath susteined by the wrong done vnto him.

Dedimus pote∣statem▪

DEdimus potestatem▪ is a writ, & it lieth where a man su••th in the kinges Court, or is sue 〈…〉〈…〉 may not well trauell•• then he shall haue thi•• writ dire∣cted to some Iustice o•• o∣ther discreete person in the countrie to g〈…〉〈…〉 him po∣wer to admitte ••ome ••a•• for his Atturney, or to se∣iue a 〈…〉〈…〉e, or to take his cō∣fession or his aunswere, or other examination as the matter requireth.

Defendant.

DEfendant, is he that is sued in action perso∣nall, and he is called te∣nant in an action Reall.

Defen••e.

DEfence, is that which the defendant ought to make immediatly after the count or declaration made, that is to say, that he defe••deth al the wrong, force, and dammage, where and when he ought, and then to proceede far∣ther

to his plee, or to un∣parie.

And note, that in so much that hee desendeth the force and wrong hee doeth excuse himselfe of the wrong against him surmised, and maketh him partie to the plee, and in so much that hee defendeth the dammage, he affirmeth the partie plaintif•• able to be answered vnto.

And for the residue of the defence, hee accepteth the power of the Court to heare and determine their plées of this matter. For if hee will pleade to the Iurisdiction, hee ought to omitte in his defence these wordes (ou & quant il deuera.) And if hee will shewe any dishabilitie▪ in the plaintife, and de∣maund iudgement, if the partie▪ shal bee aunswered vnto, then hee ought to o∣mitte the defence of the dammage.

Demaundant.

DEmaundant▪ is hee that sueth or complayneth in an Action Real•• for

title of land, and he is cal∣led plaintife in an assise, & in ••n action personall as in an action of debt, tres∣passe, deceit, det•••••••• and such like.

Demaines,

DEmaines, or demesnes generallye speakinge according to the lawe, be all the partes of anye mannor which bee not in the handes of ••••••••holders of estate of enheritance, though they bee occupyed by copyholders, lesse••s for yéeres, or for life, as well as tenaunt at will: But especially to speake, de∣maines according to the common speeche bee one∣ly vnderstoode the Lords chiefe manor place, which he & his auncestours haue from time out of mynde, kept in their owne hands, and haue occupyed the same, together with all buildinges and houses whatsoeuer, also the mea∣dowes, pastures, woods, errable lande, and such lyke, therewith occu∣pyed.

150 Halfe Blood

HAlfe Blood is when a man marieth a wyfe▪ and hath issue by her a sonne or daughter, and she dieth and then hée taketh an other woman and hath by her also a Sonne or daughter, Now these two Sonnes are after a sorte brothers, or as they are termed halfe brothers, or brother of the halfe blood, that is to say, brother by the fathers side, because they had both one father and are both of his blood, and not brothers at all by the mothers side, nor of blood ne kin that way, and therefore the one of them cannot bée heire to other, for he that will clayne as heire to one by ••••s•••••• must bée of whole blood to him from whom he claymeth, In the same maner it is •••• a woman haue diuers is∣sues by diuers husbands▪ who are called brothers by one mother.

151 Demurrer.

DEmurrer is when anie action is brought & the defendent pleadeth a plée,

to which the plaintife an∣swereth, that hée will not answere, for that it is not a sufficient plee in the law, •• she defendant saith to the contrarie, that it is a suffi∣cient plee, and thereupon both parties do submit the ••••••se to the iudgement of the court; then that is cal∣led a Demurrer.

Denizen.

DEnizen, is where an a∣••••en borne becommeth the Kings subiect, and ob∣••••••neth the Kings letters Pat••n••••s for to enioy all priuiledges as an English man, but if one bée made Denizen he shall pay cu∣stomes and diuers other ••ing•• as aliens, as it ap∣p•••••••••••• by diuers statutes thereof 〈…〉〈…〉.

Deodande.

DEodande, is when anie man by misfortune is slayne by a Horse or by a cart, or by any other thing that mooueth, then this thing that is cause of his death, and which at the time of his misfortune did moue, shalbe forfait to the

king, & that is called Deo∣dande, and that pert••meth to the kings Almener for to dispos•••••• almes & déeds of charitie.

154 Departure from a plee or matter.

DEparture from his plee or matter, is where a mā pleadeth a plée in barre, and the plaintife replieth thereto, and hée after in his reioynder, pleadeth or sheweth an other matter, contrarie, to his first plée that is called a ••eparture from his darre &c.

155 Departure in dispite of the Court.

DEparture in dispite of the Court, is when the tenant or defendant appea∣teth to the action brought against him, and hath a day ouer in the same Terme▪ or is called after, though hée had no day giuen him▪ so that it ••ée in the same terme if he doe not appeare but makes default, it ••s a Departure in disp••••e of the Court, and therefore hee shalbe condempned.

Deputie.

DEputie is he that occu∣pieth in an other m••ns right, whether it ••e office or anie other thing ••ls, and his forfaiture or misde∣meanor shall cause the of∣ficer or him whose deputie ••e is to loose hi•• office o•• thing. But a m••n cannot make his deputie in all ca∣ses except the graunt so bée: as if it bée with these or such like wordes to ex∣ercise or vse by himselfe or his sufficient deputie, or i•• the wordes goe further to himselfe or his deputie, or the deputie of his deputie, then he may make a depu∣tie, and his deputie also may make a deputie, or ••ls not.

Debte.

DEbte is a writte, and it lieth where anie summe of money is due to a man by reason of accompt, bar∣gaine, contract, obligati∣on▪ or other especialtie, to bée payed at a certaine day, at which day bée ••••y••th not, then ••e shall haue this writ. But if any summe of money bée due to •••••• Lord by his tenaunt for

any rent seruice, the Lord shall neuer haue action of debte, but it behoueth al∣waie to distraine. Also for rent charge or rent secke, which anie man hath for life, in taile, or in ••ée, he shal not haue any action of debt as long as the rent conti∣nueth, but his executors may haue an action of debt for the arrerages of any of the said rentes due in the life of their testator, by the statute 32. H. 8. cap. 37.

But for the arrerages of rent reserued vpō a lease for terme of yéeres, the les∣sor is at his electiō to haue an action of debt, or for to distraine: But if the lease be determined, then he shal not distraine after for that rent.

But ••ée must haue an action of debt for the arre∣rages.

158 Deuastauerunt bona testatoris.

DEuastauerunt bona te∣statoris is when the ex∣ecutors will deliuer the le∣gacies that their testator hath giuen, or make resti∣tution for wrong•••• done

by him, or pay his de••••••s due vpon contractes, or o∣ther debtes vpon special∣ties, whose dayes of pay∣ment are not yet come &c. And kéepe not sufficient in their handes to discharge those debts vpon recordes or specialties, that they are compeliable formerly by the law to satisfie, then they shalbe cōstrained to pay of their owne goods those du∣ties, which at the first by the lawe they▪ were com∣pelled to pay, according to the value of that which they deliuered or payed by compulsion, for such pay∣ments of debts, or deliuery of legacies, as is aforesaid, before debtes payed vpon specialties▪ or recordes, whose daies o•• paymēt ar•• alreadie come▪ are accomp∣ted in the lawe a wasting of the goodes of the testa∣tor, asmuch as if they had giuen them awa••••▪ with∣out cause, or sold them and conuerted them to their owne vse.

Deuise.

DEuise is where a man in his testament, giueth

or b•••• ••••••theth his goods or his landes to another after his decease. And where such deuise is made of goods, i•• the executors will not deliuer the goods to th•• deuisée, the d••••••sée hath no remedie by the cō∣mon-law▪ But i•• behoueth h•••• to haue a Citation a∣gainst the executors o•• the testator to appeare before the ordinary, to shew wh•• he performeth not the will of the testator, for the deui∣see may not take the lega∣••••e and serue himselfe, but it must be deliuered to him by the executors.

But by the common-law if a man bee sole seises of landes in his demesne as of ••ee, & demseth the lands by testament, this deuis•• was void, vnles the lands were in a Citie or borough where landes •••• deuisable by custom: But if any man were en••••o••••ed to the vse of another and his heires, and he to whose vse hee was so seised did make 〈…〉〈…〉 of his lands, this deuise was good, though it be not in a Towne where landes are deuisable.

Also if any man deuise lands in Citie Towne, or Borough deuisable, and the deuisor dyeth, if his heire or anie other abate in the landes, then the de∣u••s•••• shall haue a writte of Ex graui querela: But this writte shall neuer hee pleded before the Kinges Iustice, but alwaies be∣fore the Maior or Bailifes in the same towne.

And here to the ende to shew how much the lawes of this Realme, and the wise discr••••te Iudges of the same, who are the in∣terpreters of the lawe, doe ••auor wils & testaments, and so deuises in yeelding to there such a reasonable construction, as they think might best agree with the mindes of the dead, consi∣dering that willes and te∣staments are for the most parte, and by common in∣tendement made when the testator is nowe very sicke, weake, and pasts all hope of recouerie, fo•• it is a receiued opinion in the Countrey among moste, that if a man should chaunce to bee so wise

as to make his will in his good health, when hee is strong of good memory, and hath tune and leasure, and might aske counsell if any doubt were of the learned that then hee should not liue long after, and there∣fore they deferre it, to such time, whē as it were more conuenient to applie them∣selues to the dispositions of their soules, then of their landes or goods ex∣cept it were that by the fresh memorie, and reci∣tall of them at that time, it might bee a cause to putte them in minde of some of their goods or Landes falsely gotten, and so moue them to re∣stitution &c. And at that time the penning of such willes are commonly com∣mitted to the Minister of the Parish, or to some o∣ther more ignorant then hee who knoweth not what wordes are neces∣sarie to make an estate in fée simple, fée taile▪ for terme of life or such like besides manie other mis∣chiefes: I will therefore here sette downe some of

those cases, that are most common in ignorant mens mouthes, & do carrie by the wise interpretations of the Iudges, as is aforesaid a larger and more fauoura∣ble sence in willes then in déedes.

First therefore if one de∣uise to I. S. by his will al his landes & tenements, here not only al those lāds that he hath in possessiō do passe, but also those that he hath the reuersion of by vertue of these wordes te∣nements.

And if lands be deuised to a man to haue to him for euer, or to haue to him and his assignes, in these two cases the deuise shall haue a fée simple. But if it be giuen by feoffement in such maner▪ he hath but an estate for terme of life. Also if a man deuise his landes to other, to giue, sell or doe therewith at his plea∣sure or will, this is fée simple.

A deuise made to one •• to his heires malas doth make▪ an estate taile▪ but i•• such wordes be put in a déede of feoffemēt it shall b••

taken a fée simple, because it doth not appeare of what bodie the heires males shal be begotten. If lands bee giuen by déed to I. S. and to the heires males of his body &c. who hath issue a daughter, who hath issue a sonne, and dieth, there the land shal returne to the do∣nour, and ••he sonne of the daughter shall not haue it, because hée cannot conuei•• himselfe by heires males, for his mother is a let thereto, but otherwise it is of such a deuise, for there the sonne of the daughter shal haue it rather then the will shalbe voide.

If one deuise to an in∣fant in his mothers bellie, it is a good deuise, other∣wise it is by feoffement, graunt, or gifte, for in those cases there ought to be one of abilitie to take presently or otherwise it is voide.

A deuise made in fée sim∣ple w^tout expresse words of heirs, is good in fée simple.

But if a deuise be made to I. N. hee shall haue the lande but for terme of life, for those wordes will carie no greater estate.

If one will that his son I. shal haue his land, after the death of his wife, here the wife of the deuisor shal haue the land first for term of life. So likewise if a man deuise his goods to his wife, & that after the decease of his wife, his son & heire shal haue the house, where the goods are, there the sonne shall not haue the house during the life of the wife, for it dooth appeare that his intent was, y^• his wife should haue the house also for terme of her life, notwithstanding it were not deuised to her by ex∣presse words.

If a deuise bée to I. N. and to the heires females of his bodie begotten, af∣ter the deuises hath issue a sonne & daughter, and di∣eth, here the daughter shall haue the land & not the son, and yet he is the most wor∣thy person, & heire to his father, but because the wil of the dead is, y^• the daugh∣ter should haue it, lawe and conscience wil so also.

And herein the verie heathens were precise as appeareth by those ver∣ses

of Octauius Augustus, which Donatus reporteth hee made after y^• Virgil at his death, gaue cōmande∣ment, that his books should bee burnt, because they were imperfect, and yet some perswaded that they should be saued, as indéede they happily were, to whō hee answered thus: but faith of lawe must néedes be kept and what last will doth say, And what it doth commaund bee done, that néeds we must obey.

160 Diem clausit ex∣tremum.

DIem clausit extremum, is a writ, & it lieth wher the Kinges tenaunt, that holdeth in chiefe, dieth, this writte shall bee directed to the eschetour to enquire of what estate hee was sei∣sed, and who is next heire, and his age and of the cer∣taintie of the land, and of what value the land is, and of whome it is holden, and that inquisition shalbe re∣turned into the Chancerie, which is cōmonly called: The office after the death of that person.

Discent.

DIscent, is in 2. sortes, ei∣ther lineal or collateral.

Lineal discent is when a discent is conueied in the same line of the whole blood, as grandfather, fa∣ther, sonne, sonnes sonne, and so downward.

Collaterall discent, is out in another branch from aboue of the whole blood, as grandfathers brother, fathers brother, and so downeward.

Note that if one die sei∣sed in fée, or in taile of lande in which another hath right to enter, and that dis∣cendeth to his heire, such discent shal take away the entrie of him which hath right to enter, for that that the heire hath them by dis∣cent from his father, & so came vnto those tenemēts by the doing of the lawe, and he that had right can not put him out by en∣tring vppon him, but is put to sue his writ to de∣maund the land according to; the nature of the title. See heereof in Littleton, lib. 3. cap. 6. and statute, 32. H. 8. cap. 33.

162 Disclaymer.

DIsclaimer, is where the Lorde distraineth his tenant; and hee sueth a re∣pleuin, and the lord anow∣eth the taking by reason that hee holdeth of him, if the tenaunt say that he dis∣claimeth to hold of him, this is called a disclaimer, and if the lord thereupon bring a writ of right sur disclay∣mer, and it be foūd against the tenant hee shall lose his land. Also if one bringeth a precipe against two other for the land, and the tenant disclaimeth and saith, that hee is not thereof tenaunt, neither claymeth any thing therein, then the other shal haue y^• whole land. But if the Precipe be brought a∣gainst one alone, and hee disclaimeth as is aforesaid, the writte shall abate, and yet the demaundant maie enter unto the lande and holde it in his rightfull e∣state; although his entrie was not lawfull.

163 Discontinuance.

Discontinuance, is when a man alienateth to an other, Landes or tene∣ments,

and dieth, & another hath right to y^• same lande, and may not enter into thē because of this alienation, as if an Abbot alien the landes of his house to an∣other in fee, or fée taile, or for terme of life, or if a man alien the landes that hee hath in the right of his wife, or if tenaunt in the taile alien the landes gi∣uen to him and to the heirs of his body, then such ali∣enations bee called Dis∣continuance, for such e∣states passe alwaie by li∣uerie and seisin, & in these cases the successour of the Abbot or the woman af∣ter the death of her husbād or the issue in the taile af∣ter the death of the tenant in taile may not enter, but euerie of them is put to his action. Sée more here∣of in Littletō lib. 3. cap. 11. and 32. H. 8. cap. 28. which taketh away discontinu∣aunces by the husbande seised in right of his wife.

Tithes.

TIthes, are the tenthe parts of any thing, but properly of those thinges

which doe increase, which for the most part do belong to ministers of the church for their maintenance, and they be in thrée sorts deui∣ded, to wit Predial tithes, Personall tithes, & Mixte tithes, Prediall tithes are tithes that bee paied of thinges that come of the ground only, as corne, hay, fruits of Trées and such like.

Personall Tithes are Tithes to be paied of such profits as come by the la∣bour and industrie of mans person, as by buying, sel∣ling, gaines of Merchan∣dize, and of handicraftes men, labourers and such as worke for hire, as car∣penters, Masons and such like.

Mixt tithes are tithes of calues, lambs, pigs, and such like, y^• increase partly of the ground that they bee fed vpon and partly of the kéeping industrie and dili∣gence of the owner.

165 Disperagement.

DIsperagemēt, is a shame disgrace or villany done by the gardeine in Chi∣ualrie

to his ward in Chi∣ualrie being within age by reason of his mariage.

As when the gardeine doeth marrie his warde within age of xiiii. yeres, & within such time as hee cannot consent to mariage, to a bond woman, or to the daughter of one that dwelt in a borough (which is to be vnderstood, such whose fathers professe handi∣crafts, & those baser artes of buying & selling, to get their liuing by) or to one that hath but one foote, or one hand, or is laine or de∣formed; or hath some hor∣rible disease, as the lepro∣sie, french pockes, falling sicknes or such like, or ma∣ryeth him▪ to a woman that is past childebearing, & diuers such other, then vpon the complaint made by the frinds of such heire, the Lord or gardeine shall loose the wardship, and the profits during the nonage of the heire for the shame done vnto him. See Littlet lib. 2. cap. 4.

Disseisin.

DIsseisin, is when a man enters into any landes

or tenementes where his entry is not lawfull, and putteth him out, that hath the fréehold.

167 Disseisin vpō disseisin.

DIsseisin vpon disseisin, is when the disseisour is disseised by another.

168 Disseisor and dis∣seisee.

DIsseisor, is which put∣teth any man out of his land without order of the law, & disseisée is he that is so put out.

169 Disceit.

DIsceit, is a writ, & it is sometime originall, and sometime iudiciall, but when it is originall, it ly∣eth wher any disce••t is d••n to a man by another, so y^• hee hath not sufficiently perfourmed his bargaine or not perfourmed his pro∣mise, then b••e that is in such manor disceiued shall haue this writ.

Also when this writ is iudicial, it lyeth where a Scire fac. is sued out of any Record against a man, and the Shirife returneth,

that hee is warned where he was not warned, or where a Praecipe quod red∣dat of a plée of lands, or a Q••impedit of the presen∣ting to a church, is sued a∣gainst one, & the shirife re∣turneth that he is summo∣ned, where he was not sū∣moned, by which disceit & false returne the demaun∣dāt recouereth in y^• plaint, then the party grieued shal haue this writ against him that recouered, & against the summoners, & against the shirife, then the writt shalbee directed to the Co∣roners of the same coun∣tie, if hee continue shirife that made the retorne.

Distresse.

DIstresse, is the thinge which is taken and di∣strained vpon any land for rent behind, or other duty, or for hurt done although that the propertie of the thing belongeth to a strā∣ger: But if they be beastes that belong to a stranger, it behooueth y^• they were leuant or couchant vpon y^• same ground, y^• is to saye,

that the beastes haue béen vpon the ground certaine space, that they haue them selfe well rested there, or els they be not distraina∣ble for rent or seruice.

And if one distraine for rent or other thing with∣out cause lawfull, then the partie grieued shall haue a repleuin and vpon suretye found to pursue his action shall haue the distresse to him deliuered again. But there bee diuers thinges which be not distrainable, viz. another mans gowne in the house of a tailor, or cloth in the house of a ful∣ler, shéereman or weauer, for that they bee common artificers, & that the com∣mon presumption is, that such things belong not to the artificer, but to other persons which put them there to be wrought,

Also vitail is not distrei∣nable nor corne in sheues, but if they be in cart, for y^• that a distresse ought to be alway of such things wher of the shirife may make re∣pleuin, & deliuer againe in as good case as it was at the time of the taking.

A man may distraine for homage & fealtie, & escu∣age, & other seruices & for ••ines and amerciamentes which bee assessed in a Leete, but not in a Court baron. And also for dam∣mage feasant, that is to say, when hee syndeth the beastes or goods of any o∣ther doing hurt or cum∣bring his ground. But a man may not distraine for any rent or thing due for any lande, but vpon the same land that is charged therewith: But in case where I come to distrain, and the other seeing my purpose chaseth y^• beastes, and beareth the thing out, to the intent that I shall not take it for a distresse vpon the ground, then I may well pursue, and if I take it presently in y^• high way, or in anothers ground, the taking is law∣full aswell there as vpon the land charged, to whom soeuer the propertie of the goods be.

Also for fines & amerci∣aments which be assessed in a léete, one may alway take the goods of him that

is so amerced, in whose groūd soeuer they be with∣in the iurisdiction of the Court as it is said. And when one hath taken a di∣stresse, it behooueth him to bring it to the common pound, or else he may keepe it in an open place, so that hee giue notice to the par∣tie, that hee (if the distres be a quicke beast) may giue to it foode, and then if the beast die for default of food, hee that was distrayned shalbe at the losse, and then the other might distraine againe for the same rent or duitie. But if hee car∣rie the distres to a holde, or out of the Countie, that the Shirife may not make deliuerance vpon the re∣pleuin, then the par••y vpon the returne of the Shirife, shall haue a writte of Wi∣thernam dyrected to the Shirife, that hee take as many of his beastes, or as much goodes of the other in his kéeping, till he hath made deliuerance of the first distres. And also if they bée in a forslet or Ca∣stel, the shirife may take with him the power of the

Countie, & beat downe the castell. As it appeareth by the statute West. 1. cap. 17. therefore looke the statute.

Diuorce.

DIuorce so called of Di∣uortium, cōming of the verbe Diuerto, which sig∣nifieth to retorne backe, it is vsed in law when a man is diuorced from his wife, hée retorneth her backe home to her Father or o∣ther Friendes, or to the place from whence he had her, and by such diuorce the marriage is defeated & vndone.

Donor and Donee.

DOnor is hée which gi∣ueth lands & tenemēts to an other in taile, and he to whom the same is giuē is called Donée.

Double plee.

DOuble plee is where the defendant or tenaunt in any action pledeth a plée, in the which two matters be comprehended, & euery one by himselfe is a sufficient barre or aunswere to the action, then such a dou∣ble plée shall not be admit∣ted for a plée, except one de∣pend vpon an other, and in

such case if he may not haue the last plée without y^• first plée, then such a double plée shalbe well suffered.

174 Dower.

DOwer is a writ and it lieth where a mā is sole seysed during the couer∣ture betweene him and his wife, of lands or tenemēts in fée simple or fée tayle, where by possibilitie the issue betwéene them may inherite, if such a man die his wife shall recouer the third part of all the landes whereof the husband was sole seysed any time during the couerture by a writ of Dovver vnde nihil habet, though hée died not seysed, and though that he made alienation thereof in his lyfe. But if a man before the statute of Vsis 27. H. 8. had landes, in the which an other man, or other men were seysed to his vse al∣waies during the couer∣ture, and hée to whose vse they were seised dieth be∣fore the said Statute, his wife shal not be indowed.

And also if before the says statute two men bée seised of lands to the vse of

one of them, & he to whose vse &c. dieth before the said statute, his wife shall not bée endowed. Also if a woman bring a writte of dower, she shal recouer da∣mages, for the profit rū af∣ter the death of her husbād if he dieth thereof seysed, but if any alienation or e∣state were made during y^e couerture, so that the hus∣band died not seysed, then though shee shall recouer the land, yet shée shall reco∣uer no dammages. Also there is an other writte of dower called a writte of Right of dower, and •••• ly∣eth where a womā hath re∣couered part of hir dower in one towne, and the other part she is to recouer. Al∣so in diuers cases a womā shall not haue dower, as if the husband cōmit treason for the which he is attain∣ted, then his wife shal haue no dower. Also if she go a∣way frō her husband with an other mā in aduowtry, and if she be not reconciled by her husband of his own will without cohersion of the Church, she shal not be indowed.

175 Right.

RIght, is where one hath a thing that was taken from another wrongfully as by disseisin, discontinu∣ance, or putting out or such like, and the challenge or clayme that hee hath, who should haue the thing, is called Right.

176 Right of entrie.

RIght of entrie, is when one seised of land in fée, is thereof disseised: Now the disseisée hath right to enter into the land, & may so doe when he will, or els hée may haue a writte of right against the disseisor.

177 Dum non fuit com∣pos mentis.

DVm non fuit compos mentis, is a writ & it li∣eth where a mā that is out of his wits, that is to say, mad or lunatike alieneth the landes that he hath in fee simple, & dieth, then his heire after his decease shal haue this writ, but he him∣selfe shall not haue this writte for that, that a man shall not be receiued to dis∣able himselfe. Also this writ may be made in the per, cui, and post.

Dum fuit infra aetatem.

DVm fuit infra aetatem, is a writ, and it lyeth where an infaunt within age alieneth his lande which he hath in fée simple or for terme of life, when he commeth to his full age hée shall haue this writ or he may enter if he will, but it behooueth that he be of full age the day of his writ brought. Also if an in∣fant alien his land, and die, his issue at his full age shal haue this writ or hée may enter, but the issue shall not haue this writ within his age.

Dures.

DVres, is where one is kept in prison or restrei∣ned from his libertie con∣trarie to the order of the law, and if such a person so beyng in dures, make anie especialtie or oblig▪ by rea∣son of such imprisonment such a deede is void in the law, & in an action brought vpon such an especialtie he may say that it was made by dures of imprisonment, but if a mā be arrested vp∣on an action at the suite of

another though the cause of the action bée not good nor true, if he make an ob∣ligation to a straunger be∣ing in prison by such ar∣rest, yet it shall not be said by dures, but if hée make an obligation to him at whose suite hee was arre∣sted to bée discharged of such imprisonment, then it shall be said dures, as it is said.

E.

180 Eiectione firme.

EIectione firme, looke for that in the title Gard.

181 Eiectment de garde.

EIectment de garde, looke for that in the Title of Gardes.

182 Eire Iustices.

EIre iustices, or Itinerāt, as wée call them, were Iust ces that vse to ryde frō place to place through out the Realme to admini∣ster Iustice.

183 Elegit.

TO holde by Elegit, is where a man hath reco∣nered debt or damage by a writte against another by cōlessiō or in other maner, hee shall haue within the

yéere against him a writte iudiciall called Elegit to haue execution of the halfe of all his landes and chat∣tels (except exen & beastes of the plow) till the debt & dammages be wholy leui∣ed and paid to him, and du∣ring the terme he is tenant by Elegit, And note well that if he be put out with∣in the terme hée shall haue Assise of Nouel disseisin, & after a redisseisin if néede be, and this is giuen by the statute of westminster se∣cond Chap. 18.

And also by the equitie of the same statute he that hath his estate if he be put out shall haue Assise & re∣disseisin if néed be. And al∣so if he make his executors and die, and his executors enter and after be put out, they shall haue by the equi∣tie of the same statute, such action as he himselfe before said. But if he be put out, and after make his execu∣tors and die, his executors may enter, and if they be stopped of their entrie, they shall haue a writ of tres∣passe vppon their matter and case.

And note well if he doe waste in al the land or par∣cell, the other shall haue a∣gainst him immediatly a writ iudicial out of the first record called Venire facias ad Computādum, by which it shall be inquired if hée haue leuied all the mo∣ney or parcell, and if hée haue not leuied the money, then it shall be inquired to how much the waste a∣mounteth, and if the wast amount but to parcel, then as much of the money as the waste amounteth vnto, shalbe abridged of the fore∣said money which was to be leuied. But if he haue done more waste then the foresaid summe of money which was to be leuied, amounteth, the other shal∣be discharged by and by of all the said money and shall recouer the lande. And for the superfluitie of the waste made about that, that amounteth to the said summe he shal recouer his dammages single, And the same lawe is of his execu∣tors, and also of him that hath his estate.

And note y^• if he alien in

fée, for terme of life or in taile al or parcell of the lād which hee holdeth by Ele∣git, if the alienation bée made, within the terme or after, he which hath right, shall haue against him an Assise of Nouel disseisin, And they both must be put in the Assise, the alienor and the alienee, and not∣withstanding that the a∣lienor die presently, yet he which hath right, shall haue Assise against the a∣lienee alone, as if the alie∣nee had bin a plaine tenant for terme of yéers, and that is by the equitie of the sta∣tute of westm. 2. Cap. 25. for that that hée hath not but a chattell in effect, And the same law is of his exe∣cutours and of him which hath his estate as is afore∣said.

And note well that in Elegit if the shirif returne that hée had nothing the day of the Recognisance made but that he purcha∣sed lands after y^• time then the partie playntife shall haue a newe writ to haue execution thereof, the same law is of a statut marchāt.

And note well that after a Fieri facias a mā may haue the Elegit, but not contra∣rie wise, for that the Elegit is of more higher nature then the Fieri facias, And note well that if a man re∣couer by a writ of debt and sueth a Fieri facias, and the shirife returne that the de∣fendāt hath nothing wher∣of he may satisfie the debt to the partie, thē the plain∣tife shall haue Elegit or Ca∣pias sicut alias and a Plu∣ries, And if the Shirife re∣turne at the Capias mitto vobis corpus, & he haue no∣thing wherof he may make satisfaction to the partie he shalbe sent to the prison of the fléete, and there shall a∣bide vntill he haue made a∣gréement with the partie, and if the Shirife returne Non est inuentus, thē there shall go forth an Exigent a∣gainst him. And note well y^• in a writ of debt brought against a Parson of holy Church which hath no∣thing of lay ••ee, and the shi∣rife returneth that hee hath nought by which hée may bée summoned, then shall the playntife sue a writte

to the Bishop that he make his Clerke to come, and the Bishop shall make him to come by sequestration of the Church. And note wel that if a man bring a writ of debt and recouer, and make his executors & di∣eth, they shall not haue exe∣cution notwithstanding, y^• it be within the yeere, by a Fieri facias.

Embrasour ou Em∣braceour.

EMbrasour or Embraceour is he that whē a matter is in triall betwéene partie and partie commeth to the barre with one of y^• parties (hauing receiued some re∣ward so to doe) & speaketh in y^• case or priuily laboreth the iurie, or standeth there to suruey or ouerlooke thē, therby to put them in feare & doubt of the matter. But men that are learned in the law, may speake in the case for their Clients.

Encrochment.

ENcrochmēt, is said whē the Lorde hath gotten seisin of more rent or ser∣uices of his tenant thē of right is due or ought to be paied or done vnto him,

as if ••he tenaunt holde his land of the Lord by fealtie, and ii. s. rent yeerely. And now of late time hee hath got seisin of iii. s. rent or of homage or escuage, or such like. Then this is called an incrochment of that rent or seruice.

186 Enheritance.

ENheritance, is such e∣state in landes or tene∣ments, or other things, as may bee enherited by the heir, whether it be in estate of fée simple, or taile, by dis∣cent from any of his aun∣cestors or by his own pur∣chase.

And inheritance is de∣uided into two sortes, that is to say, enheritance cor∣porate, and enheritance in∣corporate.

Enheritance corporate are mesuages, lands, mea∣dowes, pastures, rents and such like, that haue sub∣stance in themselues and may continue alwayes. And these are called corpo∣rall things.

Enheritance incorporat are aduowsons, villains, waies, comons, courts, fi∣shings, & such like that are,

or may bee appendaunt, or appurtenant to enheritan∣ces corporate.

Entre.

ENtre, is wher a man en∣treth into any landes or tenements in his proper person, or any other ••y ••is commandement.

Also there bee diuers writs of Entre which be in diuers maners, One is a writte of Entre sur dis∣seisin, and this writie lieth where a men is disseised, hee or his heire shall haue this writ against the dis∣seisor or anie other after tenant or the Ian••. And if the disseisor alien and die s••ise•• then the writ of En∣tre shal be against the heire with the alienee in the Per, that is to say▪ in which the tenaunt hath no Entre but by such a one naming the disseisor, which him hath disseised &c.

And if the heire or alie∣née die seised, or alieneth to another▪ then the writte shall be in the Per and Cui, that is to say, into which the tenaunt hath no entrie but by such a one naming the heire or alienée of the

disseisor to whome such a one (naming the disseisor) did lette it, which by force disseised him &c.

And if land bee co••••eid ouer to manie, or if the first disseisor bee disseised, then the writte of Entre shall be in the Post, that is to say that the tenaunt hath no entry but after the disseisin which the first disseisour made to the demandant or his auncestor. See after Entre en le per.

A writ of Entre in the Per lyeth where a man is disseised of his freeholde, and the Disseisour alie∣neth or dyeth seised, and his Heire entreth, then the disseisee or his heire shall haue the saide writte against the Heire of the Disseisour, or against the alienée of the Disseisour, but liuing the disseisour hee ma••e haue an Assise if he will, and the writte of Entre shall say, in quod A. non habet ingressum nisi per B. qui illud ei dimisit, qui inde eum iniuste dissei∣siuit &c. But if the dissei∣sor alien & the alienée dieth seised, or alieneth ouer to

another, or if the disseisor die, and his heire enter, and that heire alieneth or dy∣eth, and his heire entreth, then the disseisée or his heire shall haue a writ of Entre sur disseisin in y^• Per and Cui, And the writte shall say, in quod idem A non habet ingressū nisi per B. cui C. illud ei dimisit, qui inde iniuste &c.

And note well, that no writte of Entre in the Per and Cui shall bee mainte∣nable against none, but where he that is tenaunt bee in by purchase or dis∣cent: But if the alienation or discent bee put out of the degrees, vpon which no writ may bee made in the Per, nor in the Per and Cui, then it shall bee made in the Post, and the writte shall say, in quod A. non habet ingressum nisi post disseisinam, quam B. inde iniuste & sine iuditio fecit praef. N. vel M. proauo N. cu∣ius haeres ipse est.

Also there are v. things which put the writ of En∣tre out of the degrées, that is to say, Entrusion, Suc∣cessiō, disseisin vpon dissei∣sin,

Iudgemēt, & Escheat.

1 Entrusion is when the disseisor dyeth seised, & an estranger abateth.

2 Disseisin vpon dissei∣sin, is when the disseisor is disseised by another.

3 Succession, is where the disseisor is a man of re∣ligion, and dyeth, or is de∣posed, and his successor en∣treth.

4 Iudgement is when one recouereth against the disseisour.

5 Escheat, is when the disseisor dyeth without heire, or doth felony wher∣by hee is attamted, by which the lorde entreth as in his Escheat.

In all those cases the disseisie or his heire shall not haue a writ of Entre within the degrees in the Per, but in the Post, for that that in those saide cases they are not in by discent nor by purchase.

Also there is a writ of entre Ad communem legē, and lyeth where tenant for terme of life, tenaunt for term of anothers life, tenāt by y^• curtesie, or tenant in dower alieneth and dyeth,

then he in the reuersiō shal haue the foresaide writ a∣gainst whomsoeuer is in after in y^• said tenements.

Also a writ of Entre in casu prouiso ••yeth, if tenant in dower alien in fee, or for terme of life, or for an∣others life, liuing the te∣nant in dower, hee in the reuersion shall haue the writ called a writ of En∣tre in casu prouiso.

Also a writ of Entre In casu consimili lyeth, if te∣nant for terme of life, or te∣nant by curtesie alien in fee lyuing them, he in the re∣uersion shall haue a writte called a writte of Entre in casu consimili.

Also a writ of Entre Ad terminum qui preteriit lyeth, if a man lease lande to another for terme of yeares, and the tenaunt ho••d ouer his terme, then the lessor shall haue a writ which is called a writ of Entre Ad terminum qui preteriit.

And also if lands be lea∣sed to a man for terme of anothers life, and hee for whose life the landes are leased dyeth, and the lessee

holds ouer, then the lessor shal haue this writ.

Also a writ of Entre si∣ne assensu capituli lyeth, where an Abbot, Prior, or such as hath Couent or comon seale, alieneth lāds or tenements of the right of his Church, without the assent of the Couent or Chapter and dyeth, then his successour shall haue this writ.

Also a writ of Entre Causa matrimonii prelo∣cuti lyeth, wherelandes or tenements are giuen to a man vpon such condition, that he shal take her to his wife within a certaine time, and he do not espouse her within the said terme, or espouse another womā, or make himselfe Priest, or enter in Religion, or him disable, so that he can∣not take her according to the saide condition, th••n the donour and his heires shall haue the said writte against him or against whomsoeuer is in the said lande. And also it behoo∣ueth that this condition be made by Indenture, or otherwise this writte

doth noth lye, and all these and other writs of entrie may be made in the Per, Cui, and post.

Entrusion.

ENtrusion, is a writ and it lyeth where a tenant for terme of lyfe dyeth sei∣sed of certaine lands or te∣nements, and a straunger entreth, hee in the reuer∣sion shall haue the saide writ against the abator, or against whosoeuer that is in after their entrusion.

Also a write of Entrusion shalbee maintenable by the successour of an Abbot a∣gainst the abator which shall enter in any lands or tenements in the time of vacation that belongeth to the Church by the statute of Marlebridge, the last Chapter.

Equitie.

EQuitie, is in two sortes differing much the one from the other, and are of contrary effectes, for y^• one doth abridge, diminish and take frō y^• letter of the law, The other doeth inlarge, adde & amplifie therunto.

The first is thus defi∣ned, Equitie is the corre∣ction of a lawe generally made in that part, wherin it faileth, which correction of the generall wordes, is much vsed in our law. As if for example when an act of parliament is made that whosoeuer doeth such a thing, shalbe a felon, & shall suffer death, yet if a mad man, or an infant of yong yeeres that hath no discre∣sion do the same, they shall bee no felons nor suffer death therefore.

Also if a Statute were made that al persons that shall receiue or giue meate or drink, or other succor to any y^• shal do such a thing, shalbee accessary to his of∣fence, and shall suffer death if they did knowe of the fact, yet notwithstanding one doeth such an acte, and commeth to his wife, who knowing thereof doeth receiue him & giues him meate and drink, shee shall not bee accessary nor felon, for in the generalty of the saide wordes of the lawe, he that is mad, nor y^• infāt nor y^• wife, were not

included in meaning.

And thus equitie doeth correct the generalite of y^e law in those cases, and the generall wordes are by e∣quitie abridged.

The other equitie is de∣fined after this sort, Equi∣tie is when the wordes of the law are effectually di∣rected, and one thing onely prouided by the wordes of the law to the ende that all things of y^e like kinde may be prouided by the same, & so when the wordes enact one thing they enact all o∣ther things that are of like degree, as the statut which ordeines that in an action of debt against executors, hee that doeth appeare by distresse shall aunswere, doeth extend by equitie to administrators, for such of them as doeth appeare first by distresse, shall aun∣swere by equitie of the said acte, because they are of like kind.

So likewise the statute of Gloucester giues the ac∣tion of wast, and the paine thereof against him that holdes for life or yeres, and by the equitie of the same,

a man shall haue an action of wast against him that holdeth but for one yeere or halfe yeere, and yet that is without the wordes of the sta••••••••▪ for he that holdeth but for halfe a yere, for one yeere, doeth not holde for yeres▪ but that is the mea∣ning and the wordes that enact the one, by equitie enact the other.

190 Error.

ERror▪ i•• a writ and it lyeth where iudgement is giuen in the Common place or before the Iustice in Assise or Oyer and ter∣miner, or before the Maior and Sh••••ifes of L••••••d••••, or in other Court of Re∣••••rde, against the 〈…〉〈…〉 or vpon vndue and wrong proceeding▪ then by this were the partie grieued a∣gainst whome the iudge∣ment is giuen shall haue his writ •• and there••pon cause the Record & Proces to be remoued before the Iustice of the kings bēch. And if the error be found, it shalbe reuersed: but if an erronious iudgement bee giuen in the kings bench,

then it cannot be 〈…〉〈…〉 but by Parliament▪ 〈…〉〈…〉 the Statute 〈…〉〈…〉 of Eliza∣beth.

Also if a false iudgmēt be giuen in Court that is not of record, as in county, hundred or in to ••rt baron, then the party shall haue a writ of false iudgement for to make the record to come before Iustice of the com∣mon place. Also if errour be found in the Eschequer, it shal bee redressed by the Chancelor & Treasorer▪ is it appeareth by the statute of Ed. 3. An. 31. c••. 12.

Escape.

Escape, is where 〈…〉〈…〉 that is arrested c••••••eth to 〈…〉〈…〉 before y^• ••e be 〈…〉〈…〉 by ••word of any Iustice or by order of law.

Escape is in two sorts▪ that is to say, 〈…〉〈…〉 & negligent.

••oluntary escape▪ is when one doeth arrest an∣other for felony▪ or other crime, & after he in whose custodie he is▪ letteth him goe where he will▪ this let∣ting him goe is a volunta∣ry escape.

And if the arrest of him that escaped were for fe∣lony, then that shalbe felo∣ny in him that did suffer y^• escape, & if for treason, then it shalbe treason in 〈…〉〈…〉 & if for trespas, then trespas, and so in all other.

Negligēt escape is whē one is arrested, and 〈…〉〈…〉 escapes against the will of him that did so arrest him, & is not freshly pursued & taken before the pursuer looseth the sight of 〈…〉〈…〉 this shall bee saide a negli∣gent escape, notwithstan∣ding that hee out of whose possession hee escaped doe take him after he lost sight of him▪ Also if one ••e ar∣rested, and after escape▪ & is at his libertie▪ and he in whose ward he was, take him 〈…〉〈…〉 and bring him to the prison, yet it •••• an escape in him.

Also if a felon be arre∣sted by the Constable and brought to the ga••le in the county▪ and the gailor will not receiue him & the Con∣stable letteth him goe▪ and the gailor also▪ and so he es∣capeth, this is an escape in the gailor, for that in such

case the gaylor is bound to receiue him by the bond of the Constable without a∣ny precept of the Iustice of peace. But otherwise it is if a comon person arrest another vpon suspition of felony, there the ga••••er is not bound to receiue him, without a precept of some Iustice of peace. There is an escape also without ar∣rest, as if murder be made in the day, & the murderer be not taken, then it is an escape, for the which the towne where the murder was don shalbe amerced.

Eschete.

ESchete, is where a tenāt in fée simple doeth felony for the which he is hanged or a••iured the realm, or be outlawed of felony, mur∣der, or petie treason, or if the: tenant dyeth without heire generall or especiall, then the Lorde of whome the tenaunt held the lande, may enter by way of Es∣chete, or if any other enter▪ the Lord shal haue against him one writ called a writ of Eschete, which as I thinke is deriued of the french word Eschien.

193 Escuage.

EScuage, is called in latin Scutagium, that is to say seruice of the shield, and he that holdeth by escuage, holdeth by knightes ser∣uice, and to that belongēth ward, mariage and reliefe, but that shalbee entended of escuage not certeine, when the Escuage run∣neth through Englande. when it is ordeined by al y^• counsell of Englande that after the warre, euery lord shall haue a certain summe of his tenant which was not in the said warre. But if the tenāt which holdeth of any Lord by escuage, be w^t the king in his warres in Scotland, this Lorde will distraine h••m for Es∣cuage, it shalbe a good plee to say, that hee was with the king in Scotland in his warres & that shalbee tried by y^• kings Marshal.

And note wel that a mā may not holde by escuage, vnlesse he hold by homage, for that Escuage of com∣mon right draweth to him homage, as it was iudged in Term̄ H. 21. Edw. 3. cap. 42. folio 52. Auowrie 115.

and note well that Es∣cuage is a certeine summe of mony and it ought to be leuied ••y the Lord of his tenant after the quātity of his tenure when Escuage runneth through all Eng∣lād. And it is ordeyned by all the Counsel of Englād how much euerie tenant shall giue to his Lord, and that is properly to main∣taine the warres betweene. England & them of Scot∣land, or of wales, and not betwéene other landes for that y^• those foresaid lands should be of right belōging to the realme of England. See Lit. lib. 2. chap. 3.

Esplees.

ESplees, is as it were the seisin or possession of a thing, profit, or commodi∣tie that is to be taken, As of a common the Esplees is the taking of the grasse or common by the mouthes of the beasts that common there. Of an aduowson the taking of grosse tithes by the parson presented ther∣unto. Of wood, the sel∣ling of wood, of an orchard the selling of appels and o∣ther fruit growing there,

of a mill, the taking of toll, is the Esplees and of such like. And note that in a writte of right of lande or aduowson or such like the demaundant ought to al∣leage in his count, that he or his auncestors tooke the Esplées of the thing in demaund, or otherwise the pleading is not good.

195 Essoine.

ESsoine, is where an actiō is brought & the plain∣tife or defendant may not well appeare at the day in court for one of the v. cau∣ses vnder expressed, thē he shalbe essoined to saue his default, note well y^t there be v. maner of essoins, that is to say, Essoine de ouster le mere, & that is the defē∣dant shall haue a day by xl. daies. The second Essoin is De terra sancta, and vpō this the defendant shall haue a day by a yeere and a day▪ & these twaine shall be laid in the beginning of the plee. The third Essoin is De male vener, & that shall be adiorned to a common day a•• the action requireth and this is called the com∣mon Essoin, and when and

how this Essoin shall be, looke the statutes and the Abridgment of statutes, where it is well declared, And the 4. Essoine is De malo lecti, and that is one∣ly in a writ of right, & ther∣upon there shall a writ goe out of the Chauncerie, di∣rect to the Shirife, that he shall send iiij. Knights to the tenant to sée the tenāt, and if he be sicke to giue a day after a yéere and a day. Also the ••i••••e Essoine is de seruice le Roy, and it li∣eth in all actions except in Assise of Nouel disseisin▪ •• writ of Dower, Darrein presentment, and in appeal of Murder, but in this essoyne it behoueth at the day to shewe his warrant or else it shall torne vnto a default, if it bee in a plée reall, or els he shall lose xx. shillinges for the iourney or more, by the discretion of the Iustice, if it be in a plée personall, as it appea∣reth by the statut o•• Glou∣cest. cap. 8.

Estoppel.

EStoppel is when one is concluded and forbiddē in lawe to speake against

his owne act or decrée, yea although it bee to say the trueth.

And of Estoppels there are a great manie, one for example is, when I. S. is bound in au obligation by the name of T. S. or a∣ny other name, and is sued afterward according to the name in the obligation, that is to say T. S. now hée shall not bée receiued to say, that he is misnamed, but shalbe driuen to an∣swere according to the name put in the obligati∣on, that is to say, T. S. for peraduenture the obli∣gée did not knowe his name, but by the report of the obligor himselfe, and in asmuch as he is y^• same man that was bound, hée shalbe estopped and forbid∣den in lawe to say contra∣rie to his owne déede, for otherwise hee might take aduauntage of his owne wronge, which the lawe will not suffer a man to doe.

Also if the daughter y^• is an heire to her ••ather will sue liuerie with her sister y^• is a bastard she shall not

afterwarde be receiued t•• say that her sister is a ba∣stard, in somuch that if her bastard sister take halfe the land with her, there is no remedy▪ by the law.

Also i•• a man seised of lāds in fée simplée wil take a lease for yeres of the same land of a stranger by deede indented, this is an estop∣pel during the terme of yéeres, & the lessée is there∣by barred to say the truth▪ for the trueth is, that hée that leased the lād had no∣thing in it at the time of y^• leas made, and that the fée simple was in him that did take the lease: But this he shall not be receyued to say till after the yeeres are determined, because it ap∣peareth that hée hath an estate for yéers, and it was his follie to take a lease of his owne lands, and there∣fore shall thus be punished for his follie.

Estraungers.

EStraūgers are somtimes takē they y^• are not par∣ties or priuies to y^• ••••••ing of a sine▪ or making of •• déed, sometimes then that be borne beyond the seas.

198 Estraie.

EStraie, is wher any beast or cattel is in a•••• Lord∣shippe▪ and none knoweth the owner thereof, then it shall bee seised to the vse of the Kinge, or of the Lord that hath such Estray by the Kinges graunt, or by prescription: And if the owner come & claime ther∣to within a yere and a day, then he shal haue it againe, or else after the yeere the propertie thereof shall bee to the Lorde, so that the Lorde make proclamation thereof according to the Lawe.

199 Estrepment.

EStrepment, is a writ, and it lieth where one is im∣pleaded by a Precipe quod reddar, for certaine lande, if the demaundant suppose that the tenaunt will doe waste hanging the plée, he shall haue against him this writte which is a prohibi∣tion, commaunding him that he doe no waste hang∣ing the plée.

And this lyeth proper∣lie where a man demaun∣deth landes by Formedon, or writte of Right, or such

writs where hee shall not recouer dammages, for in such writs where hee shall recouer damages, hee shall haue his damages, hauing regard to the wast done.

Etate probanda.

ETate probanda, is a writ of office, and it lieth for the Heire of the tenaunt that helde of the Kinge in chiefe, for to proue that he is of full age, directed to the Shirife to enquire of his age, and then hee shall become tenant to the king by the same seruices that his auncestors made to the King: But it is said that euery one that shal passe in this enquest shall be of the age of xlii. yeres at least, so that he was of ful age whē he that sueth the writ was borne.

Excommenge∣ment.

Excommengement, is to say in Latin Excommu∣nicatio, and it is where a man in Courte Christian is excommenged, then hee is disabled to sue anie ac∣tion in the Kings Court, and if he remaine excom∣municate xl. dayes, and

will not bee iustified by his Ordinarie, then the Bi∣shop shall sende his Letter patent to the Chauncelour to certifie this Excommu∣nication or contempt and thereupon it shall be com∣manded to the Shiri••e to take the bodie of him that is accursed by a writ called de excōmunicato capiendo, ••ill hee hath made agrée∣ment to holie Church, for the contempt and wrong, and whē he is iustified and hath made agreement, thē the Bishop shall sende his letters to the King certifi∣ing the same, and then it shall be commanded to the shirife to deliuer him by a writte called Excommuni∣to deliberando

202 Exchange.

Exchaunge, is where a man is seised of certaine lande, and another man is seised of other land, if they by a déed indented, or with∣out deede, if the lands be in one county, exchange their lands so that euery of them shall haue others lands to him so exchaunged, in fee, fée taile, or for terme of life, that is called an exchange,

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and is good without liuery or seisin.

A••so in exchaunge it be∣hou••th that the estates •••• them limited by thexchāge be egal for if one haue an e∣state in f••e in his land, and the other hath estate in the other lande but for terme of life, or in taile, then such exchaunge is voide, but if the estates be egall, and the landes be not of egall va∣lue, yet the exchaunge is good. Also an exchange of rent for land is good. Also an exchange betwéen rent and common is good, and that ought to bée by deede. Also ••t behooueth alway, that this worde exchange ••e in the deede, or els no∣thing passeth by the deede except that he haue liuerie and seisin.

Execution.

Execution, is wher iudg∣ment is giuen in any ac∣tion that the plaintife shall recouer the lande, debt or damages▪ •••• the case is, & when any writte is awar∣ded to put him in possessi∣on, that is called a writ of execution, and when he hath the p••ssession of the

land, or is paied of the debt or dammages, or hath the bodie of the defendaunt a∣warded to prison▪ then he hath execution and if the plée bee in the Countie, or Court Baron, or hundred ••nd they deferre the execu∣tion of the iudgement in ••••••our of the party, or for 〈…〉〈…〉her cause, then: the de∣mandāt shal haue a writ of Executione iudicii. Note that in a writte of debt, a man shall not haue recoue∣rie of anie lands, but of thē which the defendant hath y^• day of y^• iudgement yéelded. And of cattels a man shall hau•• execution onely of the cattels, which he hath day of the execution sued.

•••••• Executor.

Executor, is when a man 〈…〉〈…〉 maketh his test••ment & ••••••t will, and therein na∣meth the person that shall execute his testament, thē h•••• that is so named: is his executor, and is asmuch as in the ciuil law, (heres de∣signatus or testamē tarius) as to debts, goods & cattels of his testator, and such an executor, shal hau•• an ac∣tion against euery deb∣tor

of his testator, and if the executors haue assets, eueryone to whom y^• testa∣tor was in debt, shall haue an action against the exe∣cutor, if he haue an obliga∣tion, or specialtie, but in e∣uery case wher the testator might wage his law, 〈…〉〈…〉∣tiō lieth against y^• exe〈…〉〈…〉. Look more therof before •••• the ti••••e Administrators▪

Exigent.

Exigent, is a writ & it ly∣••••eth•• where a man s••••••h an action personal, and the defendant cannot be s••••d, nor hath nothing win the countie wherby he may: be attached nor di••••rai〈…〉〈…〉, their this writte shall goe forth to the shirife to make proclamation at 5. counties euery one after another, y^• he appeare, or else that hee shal be ••••tlawed: and if •••• be outlawed, then all his g••••ds and ••••••••els ••e for•• to the King▪ Also in an i••∣dictment•• of Fellony, the Exigent shall goe forth af∣ter the first Capias. And also in a Capias ad compu∣tandū, or ad satisfacien••••▪ And in euery Capias that goeth foorth after iudgmēt

the exigēt shal goe forth af∣ter the first Capias. And al∣so in appeale of death, but not in appeale of robberie or appeale of maime.

206 Ex parte talis.

Ex parte talis, Look there∣fore before in the title, Accompt.

207 Ex graui querela.

Ex graui querela, Looke therefore before in the ti∣tle Deuise.

208 Extinguishment.

Extinguishment, is where any Lorde, or any other, hath anie rente or seruice going out of anie land and hee purchaseth the same lande, so that he hath such estate in the lande as hee hath in the rent, then the rente is extincte, for that one may not haue rent go∣ing out of his owne lande. Also when any rente shall be extinct, it behoueth that the land and the rent be in one han••, and also that the estate y^• he hath bee not de∣feasible: & also y^• hee haue as good estate in the lande as in the rent, for if he haue estate in the lande but for terme of l••fe or yeeres, and hath fée simple in the rent,

then the rent is no•• extinct, but the rent is in suspence for that time, and then af∣ter the terme, the rente is reuiued. And if there bee Lorde, mesne, and tenant, and the Lord purchase the ••enancy, then the mena••tie is extinct, but the mesne shall haue the surplusage of the rent, if there bee anie, as rente secke. Also if a man haue a hie wai•• ap∣pendant and after pur∣chase the land wherein the h••e way is, then the way is extinct: and so it is of a cō∣men appendant.

Extortion.

Extortiō, is a wrong done by an officer, Ordinary, Archdeacō, Official, Mai∣or, Bailife, Shirif, Esche∣tor, Coroner, vndershirife, gailer or other Officer, by colour of his Office, in ta∣king excessiue rewarde or fee, for execution of his said Office or otherwise, and is no other thing in deede then plaine robberie, or rather more odious then robberie, for robberie is apparaunt, and alwaies hath with it the counte∣nance of vice, but extor∣tion

being as great a ••see as robberie is, carrieth 〈…〉〈…〉 it a countenance of ve〈…〉〈…〉: By means wherof it is the more hard to bee tried, or discerned, and therfore the more o••ious, and yet some there be that wil not sticke to stretch their office, credit and conscience, to purchase money as wel by extortion as otherwise according to the saying of the Poet Vir∣gil, what is that that hun∣ger sweete of gold do••h not constraine men mortall to attempt?

F.

210 Failin•• of Record.

FAiling of Record, is whē an action is brought a∣gainst one and the defen∣dant pleadeth any matter y^• is of record in another sort, and doth auerre to proue it by Record, And the plain∣tife saith there is no such Recorde, whereupon the defendant hath day giuen him to bring in the record, at which day he faileth, or brought in such a one, as is no barr•• to this action, then h••e is saide to faile of his Record, and thereupon

the plaintife shall haue iudgement to recouer &c.

Deede.

DEede, is a writing sea∣led and deliuered to prooue and testifie of the a∣greement of y^• partie whose déede it is, to the thing contained in the déede, as a deede of feoffement is a proofe of the liuerie of sei∣sin, for the lande passeth by the liuerie of seisin, but when the deede and the deliuerie are ioyned to∣gether that is a proofe of the liuerie, and that the feoffour is contented, that the feoffee shall haue the lande. And note that all deedes are either inden∣ted, whereof there bee two, three, or more parts, as the case requireth, of which the feoffour, gran∣tour, or lessour hath on, the feoffee, grauntee, or lessee another. And peraduen∣ture some other bodie also another &c. or else they are poll Deedes or single, and but one, which the feoffee, grauntee, or ••es∣••e•• hath &c. And ••u••rie Deede consisteth▪ of three

principall pointes, (and if these three be not ioyned to∣gether, it is no perfect déed to binde the parties) name∣ly, writing, sealing, and de∣liuerie.

The first point ts wri∣tinge, whereby is shew∣ed the parties names to the Deede, their dwelling places, their degrees, the thing granted, vpon what considerations, the estate limited, the time when it was graunted, and whe∣ther simply, or vpon condi∣tion with other such like circumstances. But whe∣ther the par••yes vnto the Deede, writte in the ende their owne names, or set to their markes (as it is commonly vsed) it maketh no matter at all (as I thinke) for that it is not meant where it is said, that euerie deede ought to haue writing.

The second point is sea∣ling, which is a further testimony o•• their consents to that contayned in the deed••, as it appeareth by these wordes. In wit∣nesse wherof &c. or to such effecte alwayes put in the

later ende of deedes, with∣out which wordes the deede •••• insufficient▪ And because wee are about sea∣ling and signing of deedes it shall not be•• much a∣misse heere to shewe you, for antiquities sake, the maner of signing and sub∣scribing of ••e••des, in our auncestors the Saxons times, a fashion different from that wee vse in these our de〈…〉〈…〉es, in this that they to their deedes sub∣cribed their names (com∣monly adding the signe of the Crosse,) ••nd ••n the end did set down a great num∣ber of witnesses, not vsing at that time any kynde of Seale. And wee ••t this day for more suretie, both subscrib•• our names (al∣though that b••e not ve∣rie necessary••, ••s I haue aforesaide) and put to our Seales, and vse the helpe of testimonie bes••des: That former fashion con∣tinued throughout▪ vntill the time of the Conquest by the Normans▪ whose maners by little and little at the length p••••ua••led amongst vs, for the first

sealed ch••rter in Englād is thought to b••e shal of King Edwarde the Con∣fessour to the Abbey of West. who being brought vp in Norman••y, brought into this Realme that and some other of their ••uy∣ses with him▪ And a••ter the comming of William the conqueror, the Nor∣mans l••king their owne countrey customes (as na∣turally all nation•• do) re∣iected the maner that they found here, & retained their own, as Ingulp. the Abbot of Croiland, who came in with the conquest witnes∣seth saying: The Nor∣mans doe change the ma∣king of writinges which were wont to be firmed in England with crosses of golde & other holy signes, into the printing war, and they re••ect also the manner of the English writing. Howd••••t this was not done all at once, but it in∣creased and came forward by certaine steps and de∣grées, so that first and for a season the king onely, or a fewe other of the Nobilitie besides him vsed to seale.

Then the Noble men for the most•• part, and none other, which thing a man may see in the Historie of Battell Abbey, where Richard Lucy chiefe Iu∣stice of Englande, in the time of King Henrye the second, is reported to haue blamed a meane subiect, for that hee vsed a priua••e Seale, when as that per∣tayned (as hee saide) to the king and Nobilit••e onely.

At which time also (as I. Rosse noteth it) they vsed to ingraue in their seales, their owne pic∣tures and counterfaites, couered with a long coate ouer their Armors. But of••er this the Gentlemen of the better sort tooke vp the fashion, and because they were not all warri∣ors, they made Seales in∣grauen with their seuerall coates or shields of armes, for difference sake, as the same aucthour reporteth. At the length about the time of king Edwarde the thirde, Seales be∣came verie common, so that not onely such as bore

armes vsed to seale▪ but o∣ther men also fashioned to themselues signets of their owne deuise, some taking the letters of their owne names, some flowers, some knots and florishes, some birdes or beastes, and some other things, as wee nowe yet daily behold in vse.

Some other manner of sealing besides these haue bin heard of among vs, as namely that of king Ed∣ward the third, by which he gaue to Norman the hunter: The hop and the hop towne, with all the bounds vpside downe, and in witnesse that it was sooth, he bit the waxe with his fore tooth.

The like to this was shewed to mée by one of my friendes in a loose paper, but not verye aun∣ciently written, and there∣fore hee willed mee to es∣téeme of it as I thought good: It was as fol∣loweth.

I willyam Kinge▪ giue to thée Powlen Royden, my hop and my hoplandes, with all the

boundes vp and downe▪ from heauen to earth, from earth to hell, for thee and thine to dwell, from ••u•• and mine, to thée & thine, for a Bowe and a broad arrow, when I come to hunt vpon yarrow. In witnesse that this is sooth, I bite this waxe with my tooth, in the presence of Magg, Maude, & Mar∣gerie, and my third sonne Henry.

Also that of Alberic de Veer, conteining the do∣nation of Hatfie••d, to the which hee affixed a short black hafted knife, like vn∣to an olde half••peny whit∣tle, in steede of a seale, with diuers such like.

But some peraduen∣ture will thinke that these were receiued in common vse and custome, and that they were not rather the deuyfes and pleasures of a fewe singu∣ler persons, such as are no lesse deceiued, then they that déeme eu••ry charter and writing that hath no seale ann••xed, to bee as auncient as the Conquest, wheras in déed

sealing was not commonly vsed till the time of King Edw. the thirde, as hath ••m alreadie said.

The third point is deli∣uerie, which although ••t be set la••t, is not the least, for after that a deede is writ∣ten and sealed, i•• i•• bee not deliuered, all the rest is to no purpose.

And this deliuery ought to bee done▪ by the partie himselfe, or his sufficient warrant, and so it shall bind him, whosoeuer wrote or sealed the same, and by this ••aste acte the déede is made perfect, according to the intent and effect there∣of, and therefore in deedes the deliuerie is to bée pro∣ued &c.

So thus you sée that writing and sealing with∣out de••iuerie is nothing to purpose. That sealing and deliuerie where there is no writing worketh no∣thing, Nor writing and deliuerie without sealing also make no déede. And therefore they all ought iointly to concurre to make •• per••ect déede, as is be∣fore said.

Farme or Ferme.

FArme or Ferme is spe∣cially the chiefe m••suage in a Village or Towne whereto belongeth great demeanes of all sorts, and hath béene vsed to bée let for terme of life, yéeres or at will.

Also the rent that is re∣serued vpon such a lease or the like, is called farme or ferme.

And farmor or fermor, is hée that occupieth the farme or ferme, or is lessée thereof.

Also generally euery les∣sée, for life, yéeres, or at wil, although it be of neuer so small a cottage or house, is called farmor or fermor.

And note, that they are called farmes, or fermes, of the Saxon worde Feor∣mian, which signifieth to féede, or yéelde▪ victuall. For in the auncient time, their reseruatiōs were as∣well (or for the more part) in victuals, as money, vn∣till at the laste, and that chiefly in the time of King Henry the first (by agree∣ment) the res••ruation of victuals, was tourned

into readie money and so hitherto hath continued a∣mongst most men.

213 Faux imprisonment.

FAux imprisonment, is a writ, and it lieth where a man is arrested & restr••i∣ned from his libertie by an other against the order of the lawe, then he shall haue agaynst him this writte wherby he shal recouer da∣mages. Looke more therof before in the title arrest.

Faux iudgmēt looke ther∣fore before in y^• title error.

214 Fee farme.

FEe farme, is when a te∣nant holdeth of his lord in fée simple, paying to him the value of halfe, or of the thirde or of the iii. part, or of other part of the lande, by the yéere. And he that holdeth by fée ferme, ought not to pay reliefe or do any other thing then is contei∣ned in the feoffment but fe∣altie, for that belongeth to all kind of tenures.

215 Fee simple.

FEe simple, is when anie person holdeth landes or rent or other thing inhe∣ri••able to him and to his heires for euermore & these

words his heirs make the estate of inheritance, for if land be giuen to a man for euer yet hée hath but an e∣state for terme of life Also if tenant in fée simple die, his first sonne shall be his heire, but if he haue no son, then al his daughters, that he hath shalbe his heires, & euery one shall haue her part, by partition, but if he haue no sonne nor daugh∣ter then his next cosin col∣laterall of the whole blood shalbe his heire.

Feoffment.

FEoffement is wher a mā giueth landes, houses, or other corporall thinges which be hered••table to an other in fée simple, & there∣of deliuereth liuery & seisin & possession of the lād, that is a feoffment. Also if one make a g••••t in the taile, or a leas for terme of life▪ or of an other mans li••e, it beho∣ueth also to giue l••uery and seisin, or els nothing shall passe by the grant.

Fe••••or and Feffee.

FE••for is he that 〈…〉〈…〉effeth or maketh a feof••ment to another of landes, or tene∣ments in fée simple. And

feoffée is he, who is infef∣••ed, or to whom the feoff∣ment i•• so made.

218 Fealty.

FEalty, is a seruice called in latin fidelitas, & shall be done in such maner, that is to say, the tenant shall holde his right hand vpon a booke, and shall say to his lord. I shalbe to you faith∣full & true, I shall b••are to you faith for the lands and tenemēts, which I claime to holde of you, and truely shall ••o to you the customs and seruices that I ought to doe to you at the termes assigned, so helpe me God. And shall kisse the booke, but he shal not kneele as in doing homage▪ And therof looke after in the title ho∣mage. Also fe••l••ie is inci∣dent to al maner tenures.

219 Felony.

FElony, is a generall terme, which compre∣hendeth diuerse heynous offences, for which the of∣f••ndour ought to suffer d••ath, & loose their landes: And it séemeth y^• they are called f••lonies, of the La∣tine word Fel, which is in English gall, infrēch Fiel:

or of the auncient English worde fell or fierce, or be∣cause that they are inten∣ded to be done with a cru∣ell, bitter, fell, fierce or mis∣chieuous mind. And some of them are, when a man without any colour of law, stealeth the goods of an o∣ther amounting to the va∣lue of xij. pence or more, that is Larceny: But if anie approcheth the per∣son of another in the high way, and robbeth him of his goods, although it be to the value but of one penie, it is felonie, & that is called robbery, and therefore he shalbe hanged.

Fireboote.

FIreboote, is necessarie wood to burne, which by the common lawe, lessée for yéeres, or for life, may take in his grounde, al∣though it bee not expressed in his lease: and although it be a lease by word onely without writing: But if he take more then is néed∣full, he shall be punished in wast.

Fledwite.

FLedwite, that is, to bée quite from amercements

whē an outlawed fugitiue cōmeth to the kings peace of his owne will, or beyng licenced.

222 Flemeswite.

FLemeswite, that is, that you may haue the cat∣tell, or amercemēts of your man or fugitiue.

223 Fletwit.

FLetwit (or Flitwit) that is to be quite from con∣tention and conuicts, and that you may haue plée thereof in your Court and the amerciamēts, for (flit) in English is Tensone in French.

224 Forstall.

FOrstall, that is to bée quite of amercementes and cattels arrested with∣in your lande, and the a∣mercements thereof com∣ming.

225 Forstallers.

FOrstaller is he that buy∣eth Corne, Cattell, or other marchandize what∣soeuer is salable, by the waye as it commeth to markets, faires, or such like places to bée solde to the intent that hee may sell the same againe at a more high & déere price in preiu∣dice

& hurt of the common wealth and people &c.

The payne for such as are conuicte is for the first time imprisonment for two Moneths, and losse of the value of the thing sold.

The second time impri∣sonment by the space of halfe a yéere, & shall lose the double value of the goods &c. The iij. time imprison∣ment during the Kings pleasure, and iudgement of the pillorie, and shall forfait all his goods. Sée the sta∣tute 5. Edw. 6. cap. 14.

Franches Roiall.

FRanches roiall, is where the Quéene graunts to one and his heires, that they shall be quite of toll, or such like.

Free almes.

FRee almes, is where in auncient times landes were giuen to an Abbot and his Couent, or to a Deane and the Chapiter, and to their successours, in pure and perpetual almes, without expressing anie seruice certaine, this is frankealmoigne, and such are bounde before God

to make Orasons & pray∣ers for the donour and his heires, and for that they do no fealtie, and if such that haue landes in frankeal∣moigne doe make no pray∣er nor deuine seruice for the soules of the donors, they shall not be compel∣led by the donours to do it, but for that they may com∣plaine to the Ordinarie, praying him that such ne∣gligence be no more after, and the Ordinarie of right ought to do it.

But if an Abbot &c. hol∣deth landes of his Lorde for certeine deuine seruice to bée done, as to sing eue∣ry Friday a Masse, or doe some other thing, if such diuine seruice be not done, the Lorde may distrayne, and in such case the Abbot ought to doe fealtie to the Lorde, and therefore it is not said tenure in frank al∣moigne, but tenure by di∣uine seruice, for none can hold by franke almoigne, if any certaine seruice be expressed.

228 Franke fee.

TO holde in Franke fée, is to holde in fée sim∣ple

landes pleadable at the common lawe, not in aun∣cient demesne.

Formedone.

FOrmedone, is a writ and it lyeth where the tenant in the taile enfeffeth a strā∣ger or is disseised, & dieth, the heire shall haue a writ of Formdon to recouer the land: but there be thrée ma∣ner of Formedones, One is in the discender, & that is in the case before saide. Also if one giue landes in the tayle, and for default of issue the remainder to an other in the taile, and that for default of such issue the land shall reuert to the do∣nour, if the first tenant in taile die without issue hée in the remainder shal hau•• a formdone in the remain∣der, but if the ten••nt in the taile die without issue, and he in the remainder also die without issue, then the do∣nour or his heires shall haue a Formedone in the reuerter.

Fieri facias.

FIeri facias, is a writ iu∣dicial, and it lieth where a man recouereth debte or dammages in the Kinges

Court, then he shall haue this writ to the shirife, cō∣manding him that he leuy the debt and dammages of the goods of him that hath lost, & it lieth always with∣in a yéere & a day, and after the yéere he must sue a scire facias, and if he be warned, & doth not come at the day &c. or if he come, & can say nothing, then he which re∣couereth shall haue a writ of fieri facias directed to the Sherife, that he make him haue executiō of iudgmēt.

But if a man recouer a∣gainst a woman & she take a husband within the yere & the day, then he that shall recouer must haue a scire facias against the husband.

So it is if an Abbot or Prior recouer & dieth his successor within the yéere shall haue scire facias. Sée thereof more in the title sci∣re facias, & title Execution.

231 Fine.

FIne somtimes is takē for a summe of money which one is to pay to the King for any contempt or offence done by him: which fine e∣uery one that cōmitteth a∣ny trespas, or that he is cō∣uicted,

that he falsly denieth his owne déede, or d••d anie thing in contempt of lawe, shal pay to the king: which is called fine to the King. Somtime a Fine is takē for a final agréemēt which is had between any persons concerning any land or rēt, or other thing wherof anie suit or writ is betwéen thē hāging in any court which may be diuers waies. One is whē one party reknow∣ledgeth y^• to be the right of the other, as that y^• he hath of the gu••ft of him y^• made that recognisance, which alwaies supposeth a feoffe∣mēt going before, & is cal∣led a fine executed. Or if he acknowledgeth that to bee the right of another omit∣ting these words (cōe ceo que il eit de sō done) which being a fine vpon acknow∣ledging of right onely, if it bee leuied to him which hath the freehold of y^• land, is a Fine vpon a release. And if he that acknowled∣ged it, is seised, and hee to whom it is leuied hath not the fréehold of the land, thē it is called a fine executory, which he to whom the land

is acknowledged may exe∣cute by Entre or Scire fac.

And sometime such a fine sur conus••s de droit only is to make a surrēder: Ther∣in is rehearsed that the re∣conusor hath an estate for life, & the other a reuersion.

And somtime it is taken to passe a reuersion, where a particular estate is reci∣ted to be in another, & that the reconusor will that the other shal haue y^• reuersion, or that y^• land shal remaine to another, after the parti∣cular estate spent.

And somtime he to whō y^• right is acknowledged, as that that he hath of the gift of the reconusor, shall yeeld the land, or a rent out therof to y^• reconusor. And somtime for the whole fee: Somtime for the particu∣lar estate with remainder or remainders ouer: and sometime with reseruatiō of rents with distresse and graunt thereof ouer by the said fine.

And it is called a fine be∣cause thereby the suite is ended and if it be recorded with proclamation it bar∣reth strangers.

Free mariage.

FRee mariage, is when a man seised of landes in fée simple, giueth it to an other man, and to his wife (who is the daughter, Sister or otherwise of kinne to the donour) in free mariage, by vertue of which words they haue an estate in speciall taile, and shall holde the lande of the donour quite of al ma∣ner of seruices vntill the fourthe degree be past ac∣compting themselues in the first degree, except fe∣altie, which they shall doe because it is incident to all tenures sauing frée almes. And such gifte may bee made as well after ma∣riage solempnized as be∣fore. And a man may giue landes to his Sonne in frée mariage, as well as to his Daughter by the opin••ō of Master Fitzher∣bert in his writ of Cham∣perty H.

But it appeareth other∣wise in Master Littl. & in Mast. Brook titulo Frāk∣marriage Placito decimo. And so it is holden clere in Graies Inne in Lēt, An.

1576. 18. Eliz. by the wor∣shipfull Master Rhodes, then reader there.

233 Freehold.

FReeholde, is an Estate that a man hath in lands or tenements, or profite to bee taken in fee sim∣ple, taile, for terme of his owne life, or for terme of anothers life in dower or by the curtesie of Englād. And vnder that, there is ••o freeholde, for hee that hath estate for yeeres or holdeth at wil hath no frée∣holde, but they are called chattels.

And of Freeholds there are two sortes, that is to say, freeholde indeede, and fréehold in lawe.

Freeholde in deede, is when a man hath entred into lands or tenementes, and is seised thereof real∣lie, actuallie, and in deede: As if the father seised of landes or tenements in fee simple dieth, and his sonne entreth into the same, as heire to his father, then he hath a fréeholde in déede by his entrie.

Freehold in Lawe, is when lands or tenemetnes

are discended to a man, and hee may enter into them when he will, but hath not yet made his entrie indeed, as in the case aforesaid, if the father being seised of lands in fée simple die sei∣sed, and they discend to his sonne, but the sonne hath not yet entred into them indeede, nowe before his entrie he hath a fréehold in lawe.

Freshsuit.

FReshsuit, is when a man is robbed, and the partie so robbed, followeth the fe∣lon immediatly, and taketh him with the manner, or otherwise, and then brin∣geth an appeale against him, and doth conuince him of the felonie by verdict, which thing being inqui∣red of for the Quéene and founde, the partie robbed shall haue restitution of his goods againe.

Also it may bee said, that the partie made freshsuite, although hee take not the theefe presentlie, but that it be halfe a yeere, or a yeere after the robberie done, before he bee taken, if so bee that the partie

robbed doe what lyeth in him, by diligent inquirie & search to take him, yea al∣though he be taken by som other bodie, yet this shalbe said fresh suit.

And so fresh suit is whē the Lorde commeth to di∣straine for rent or seruice, •• the owner of the beastes doth make rescous, & dri∣neth them into others ground that is not holden of the lord, and the Lorde followeth presently & ta∣keth them, this is called fresh suit. And so in other like cases.

G.

235 Gager de deliue∣rance.

GAger de deliuerance, is where one sueth a re∣pleuine of goods taken, but hee hath not the deli∣uerie of the goods, and the other auoweth, and the plaintife sheweth that the defendant is yet possessed of the goods &c. and pray∣eth that the defendant may gage the deliuerance, then he shall put in suertie or pledges for the deliue∣rance,

& a writ shal go forth to the Shirife for to rede∣liuer the goods &c. But if a man claime propertie, he shal not gage deliuerance.

Also if hee saye that the beasts be dead in y^e pound, he shall not gage &c.

Also a man shall neuer gage the deliuerance be∣fore that they be at issue, or demurrer in the lawe, as it is said.

Garrantie of Charters.

GArrantie of charters, is a writ, & it lieth where any déed is made y^t cōpre∣hēdeth a clause of warran∣ntie, y^t is to say, dedi or cō∣cessi, or this word warran∣tizabo, & if y^e tenant be im∣pleaded by a stranger, if it be in assise or such action where he may not vouch to warrantie, then hee shall haue this writ against his feffor or his heire, & if y^e lād be recouered against him▪ hee shall recouer as much land in value against him that made the warrantie. But this writ ought to be sued hanging y^e first writ against him, or else he hath lost his aduantage.

Also vpon a warrātie in the law, as vpon homage auncestrel, or vpon rent re∣serued vpō a lease for term of life, or a gift in the taile, a man shall haue a writ of warrantie of charters, but not vpon eschange.

237 Garrantie.

GArrantie, is in two ma∣ners, that is to saye, garrantie lineall and gar∣rantie collaterall.

Garrantie lineal is wher a man seised in fée, maketh a feffement by his deede to another, and byndeth him & his heires to warrantie, and hath issue a sonne and dyeth, and the warrantie discendeth to his sonne, that is lineall warrantie, for y^• that if no déede with warrantie had bin made, then the right of the lands should haue discended to y^e sonne, & he shall conuey the discent from the father to the sonne. But if the te∣nant in y^e taile discontinue the taile, & hath issue & dy∣eth, & the vncle of the issue releaseth to the disconti∣nuee with warrantie &c. & dyeth without issue, that

is a collaterall warrantie to the issue in the taile, for that, that the warran∣tie discendeth vpon the issue, the which may not conuey him to the taile by meane of his vncle. And in euery case where a mā de∣mandeth lands in fee taile by writ of Formedon, if any of the issue in the taile which hath possession, or which hath not possession maketh a warrantie, and he that sueth the writte of Formedon may by possibi∣lity by matter that may be in that déede conuey to him title by force of the gift by him that made the warrantie &c. that is then a lineall warrantie, and by such a lineall warran∣tie, the issue in the taile shal not be barred, except that he haue assets to him discended: But if he may not by no possibilitie that may be conuey to him ti∣tle by force of y^e gift by him that made the warrantie, then that is a collaterall warrantie, and by such a collateral warrantie, the issue in the tail shalbe bar∣red without any assets.

And the cause that such a collaterall warrantie is a barre to the issu in the tail, is for that, that al warran∣ties before the statute of Glocester, which discen∣ded to them which he heirs to them y^t made the war∣ranties were barres to the same heires to demaund a∣ny lands, except the war∣ranties that began by dis∣seisin, & for that, that the said statute hath ordeined that the warrantie of the father shalbee no barre to his sonne for the landes which come of the heritage of the mother, nor the war∣rantie of the mother shalbe no barre to the sonne for the landes which come of the heritage of the father, & the statute hath not made nor ordayned remedie a∣gainst the warrantie that is collaterall, to the issue in the taile, & therefore the warrantie that is colla∣terall to the issue in the taile, is yet in his force, and shalbe a barre to the issue in the taile, as it was be∣fore the statute. Also it behoueth y^t all warrāties whereby any heire shalbee

barred, that the warrantie discend by y^e course of y^e cō∣mon law, to him which is heire to him that made the warrantie, or else it shalbee no barre, for if the tenaunt in the taile, of lands in bo∣row English, where the yongest sonne shall inheri∣rite by the custome discon∣tinueth y^• taile, & hath issue ii. sonnes, & y^• vncle relea∣seth to y^• discōtinuee with warrantie & dyeth, and the yonger sonne bringeth a Formdon, yet he shall not be barred by such warrāty causa qua supra. Also if a∣ny man make any deede with warrantie whereby his heire should be barred, and after he that made the warrantie bee attaint of felony, then his heire shall not bee barred by such warranty, for y^• that such warrantie might not dis∣cend vpon him, for y^• that the bloud is corrupt. Also if the sonne purchase lāds, & after let the lands to his father for terme of yeres, & y^• father by his déed enfef∣feth a stranger, & byndeth him and his heires to war∣rantie, & the father dyeth,

whereby the warrāty des∣cendeth to y^e sonne, yet this warranty shall not barre the sonne, but y^e sonne may wel enter notwithstāding his warranty, for that that this warranty began by disseisin when the father made the feoffemēt which was a disseisin to the son, and as it is saide of the fa∣ther, so it may be saide of e∣uery other ancestour. And the same lawe is, if the auncestour be tenaunt by Elegit, or by statute mar∣chant, and make a feoffe∣ment with warrantie, such warranties shalbe no barres, because they begin by disseisin.

238 Garrantie.

GArrantie, is when one is bounde to another which hath lande, to war∣rant y^e land to him, which may begin two waies▪s▪ by deede of lawe, As if one and his auncestours hath held land of another and his auncestours time out of mynde by homage, which is called Homage Auncestrel: Or by déede of y^• partie which graunteth

by déede or fine to the tenāt of the land to warrant it to him: vpon which warran∣tie if the tenant be implea∣ded by him which ought to warrant, or his heires, the tenant shall barre the demandant by pleading of the warrantie againste him, which is called Re∣butter: Or if he be implea∣ded by another in an actiō, wherein he may vouch▪ he shall ▪vouch him which warranted, or his heires, & if the plaintife recouer, the tenant shall recouer in value against y^e vouchée.

Garde.

WArde▪ is when an in∣fant whose auncestor helde by knights seruice, is in the warde or kéeping of the Lorde, of whome those landes were holden: And if the tenaunt holde of diuers Lordes diuers landes, the Lord of whom the lande is holden by prioritie, that is to saye, by the more elder tenure, shall haue the wardship of the infant: but if one te∣nure be as olde as the o∣ther, then hee that first

happeth to haue the ward of the bodie shall keepe it: But in that case euery Lord shall haue the warde of the lande that is holden of him. But if the tenaunt hold any land of the Q. in chiefe, then she by her Pre∣rogatiue shal haue y^e ward of the bodie, & of all y^e lande that is holden of her, & of euery other Lord.

Also there bee diuers writs of warde, one is a writ of right of warde, and that lyeth where the te∣nant dyeth, his heire with∣in age, & a stranger entreth into the land, and hapneth to haue the warde of the bodie of the infant.

A writ of eiectment of warde lyeth where a man is put out of the warde of the land without the bodie of the infant.

A writ of rauishment of ward lyeth where the bo∣dy is taken from him only and not the land.

140 Wardeine.

WArdeine, or gardeine most properly is hee that hath the wardship or keeping of an heire, and of

his lād holden by knights seruice, or of one of them to his owne vse, during the nona•••• of the heire, & within that time hath the b••stowing of the body of the heire, in marriage at his pleasure, without dis∣paragement.

And of wardens there be two sorts, namely gar∣deine in right, & gardeine in deede.

Gardeine in right is he that by reason of his seig∣niory is seised of the ward∣ship or keeping of the land, and of the heire, during the nonage of the heire.

Gardein in déed, is wher the lord after his seisin, as aforesaide, graunteth by deede or without deede, the wardship of the lande, or of the heire, or of both to an other, by force of which graunt the grauntée is in possession, then is the grauntee called gardeine in deede.

And this gardein in déed may graunt the heire to an other also, but that other is not properly called gar∣deine in déede for that is the grantee of the Garden

in right only, but the gar∣den in socage hath the pro∣fit onely to the vse of the heire, vntill he accomplish the age of xiiii. yeeres, and must yéeld therefore an ac∣count to the heire. See more hereof Lit. lib. 2. cap. 4. & 5. and Stamf. vpon the statute of Prerogatiue, cap. 1. 2. & 6.

241 Garnishment.

GArnishment is, if an ac∣tion of detinue of char∣ters bee brought against one, & the defendant sayth, that the charters were de∣liuered to him by the plain∣tife & by another vpon cer∣taine conditions & prayeth that the other may be war∣ned to plede with y^• plain∣tife if the conditions b••e performed or no, & there∣upon a writ of Scire facias shal go foorth against him, & that is called Garnish∣ment, & the other when he commeth shall plede with the plaintife, and that is called enterpleder.

242 Gauelet.

GAuelet, is a speciall and auncient kinde of Ces∣sauit

vsed in Kent where the custome of Gauelkind continueth: whereby the tenaunt shall forfaite his landes and tenements, to the Lord of whom they are holden if he withdraw frō ••••s Lord his due rents & seruices, after this maner as followeth.

If any tenaunt in Ga∣uelkind, withhold his rent and his seruices of the te∣nement which hée hol∣deth of his Lorde, let the Lorde seeke by the award of his Court from thrée wéekes to thrée weekes, to find some distres vpon the tenements vntill the iiij. Court, alwaies with wit∣nesses. And if within that tune, he can find no distres in that tenement▪ whereby he may haue Iustice of his tenant, Then at the iiij. Court let it bée awarded, that he shall take that te∣nement into his hande, in the name of a distresse, as if it were an oxe or a cowe, and let him kéepe it a yéere and a daye in his hande without manuringe it: within which terme if the tenaunt come and pay his

arrerages, and make rea∣sonable ameno••s for the withholding, then let him haue an•• enioy his tene∣ment as his auncestors, and hee before held it: and if hee doe not come before the yéere and the day past, then let the Lord goe to the next Countie Court with his witnesses of his owne Court, & pronounce there this processe to haue fur∣ther witnesses, and by the awa••de of his Court, (af∣ter the County Court hol∣den) he shall enter and ma∣nure in those landes and tenements as in his owne. And if the tenant come af∣terward, and will rehaue his tenements, and holde them as he did before, let him make agréement with the Lord, according as it is aunciently said.

Hath hée not since any thing giuen, nor hath hee not since anie thing paied: Then lette him pay v. li. for his were ••r before hée become tenaunt or holder againe. Sée hereof 10. H. 3. Fitz Cessauit ••0. and sta∣tute 10. E. 2. of Gauelet in London, In the Col∣lection

of statutes London 2. matter much tending to this purpose, that by this worde Gauelet the Lord shall haue the land for the ceasing of the tenant. And sée W. 2. cap. 21. which gi∣ueth Cessauit.

There be some copies that haue the first Verse thus written.

Nisith yelde, and nisith gelde.

And others thus.

Nighesith yeld, & nighe∣sith geld.

But these differ not in signification, other copies haue it after this sort.

Nigondsith seld, and ni∣gondsith geld.

That is to say, let him ix. times pay, and ix. times repay.

Gauelkinde.

GAuelkinde is a custome annexed, and goyng with landes in Kent cal∣led Gauelkinde lands hol∣den by ancient Socage te∣nure. And is thought by the skilfull in Antiquities, to be called Gauelkinde of Gyue al kin, that is to say, to all the kindred in one lyne according as it is

vsed among the Germās, from whom wee English∣men, and chiefly of Kent come. Or els it is called Gauelkinde of Gyue all kind, that is to say, to all y^• male children, for kind in Dutch signifieth a male childe. And diuers other like coniectures are made by thē of the name (Gauel∣kind) which I omit of pur∣pose for shortnesse sake.

The most vsuall custo∣mes of them are, That the land is diuidable betwéene the heires males, and that the heire at the age of fif∣teene yéeres may giue and sell his lande, and shall in∣herite although his father bée attainted and hanged for felonie, and his wife shalbe indowed of halfe the land, whereof her husband died seysed, and the hus∣band shalbe tenant by the curtesie of y^• halfe although he haue no issue by his wife, but the estate of the husband & wife ceaseth by their second mariage. And diuers other customes are vsed in Kent of landes in Gauelkind, for which sée y^• Perambulation of Kent,

made by M. Lambert. For which cause the residue I will omit as vnnecessa∣rie for this booke, and in∣treated of largely in the said Perambulation.

Gelde.

GElde. y^• is to be quite of seruile customes which were wont to be giuen, and are yet giuen, as hornegeld and such like,

Graund Cape.

GRaund Cape, look there∣fore after in y^• title Pe∣tit Cape.

Graund Seriantie.

GRaunde Seriantie is, where a man holdeth of the king certaine lande by the seruice of carying his banner or launce, or to lead his hoste, or to be his car∣uer, or butler at his Co∣ronation, and that is most honorable seruice and most worthie that a tenant may doe, and for that it is cal∣led graund serianty. But petit seriantie is when one holdeth of the King, pay∣ing to him yéerely a bow, a sworde, a speare, and such like, and that is but Socage in effecte, but a man cannot hold in grand

Serieantie or by petit ser∣ieantie but of the King. Al∣so if a tenant by grand ser∣ieantie dieth his heire be∣ing of full age the heire shal pay to the King for reliefe the value of the lands ouer the charges that he paieth to the king by grand Ser∣ieantie: but hee that hol∣deth by Escuage shal paye for his reliefe but C. s.

Also those that bee in the Marches of Scot∣lande, that holdeth of the king by Cornage, that is to blow an horne when the Scottes enter into Eng∣land, are tenants in grand Serieantie.

Also where a man hol∣deth of the Kinge for to finde a man in his warres within the Realme, that is called graund Serie∣auntie, for that, that it is done by a Mans badic: And if the tenaunt cannot finde a man to doe it, then hee is bounde to doe it him selfe. And he that holdeth by graunde Serieauntie holdeth by Knightes ser∣uice, and the King shall haue, warde, marriage and reliefe, but not of them

that holdeth by petit serie∣antie, but the king shal not haue of them that holde by graund serieantie escuage, except that they holde by escuage. So they that hold by graund Serieantie or Escuage hold by Knights seruice. But one may hold by graund Serieantie and not by escuage, and by Es∣cuage and not by graund Serieantie: And the Knights seruice alwayes draweth to him warde, mariage and reliefe.

Grithbrech.

GRithbrech, that is the kings peace broken, be∣cause (Grith) in English is pax in Latin.

H

Habere facias seisinam.

HAbere facias seisinam, is a writte iudicial, and it lyeth where one hath re∣couered certaine landes in the Kings court, then hee shall haue that writte di∣rected to the Shirife, com∣maunding him to giue him seisin of that lande, and it shal not be returnable.

249 Hangvvit.

HAngvvit, that is to bee quite of a théefe or felon hanged without iudgment, or escaped out of your cu∣stodie.

250 Hariot.

HAriot, is in two sortes, the one Hariot custome, the other Hariot seruice.

Hariot seruice (some saye) is alwaies expressed in a mans graunt or déede that hee holdeth by such seruice to paye Hariot at the time of his death, and this hariot is payable af∣ter the death of the tenant in fee simple.

Hariot custome, is wher Hariots haue béene paide time out of minde by cu∣stome. And this may bee after the death of tenaunt for life &c. but to speake thereof generally.

Hariot is the best beast (whether it be Horse, Oxe or Cowe) that the tenaunt had at y^• time of his death. And the Lorde may either seise, or take a distresse for it, whether it bee Hariot seruice, or Hariot cu∣stome, to the Lordes vse of whome the tenaunt helde

by his Bailife or other officer belōging to his ma∣nor. But of right, the Lord nor his officer shoulde not take Hariot before it bee presented at the next court holden after the tenaunt is dead, and that such a beast is due to the Lorde for his hariot.

Haybote or hedge∣bote.

HAybote or hedgbote, is necessary stuffe to make and amende hedges, which the lessee for yeeres, or for life of common right may take vpon the grounde, to him leased, although it bee not expressed in his lease, and although it bee a lease by wordes w^tout writing.

Haybote also may be ta∣ken for necessary stuffe to make rakes, forkes, and such like instrumentes wherewith men vse in summer to tedde and make hay. And so a Lessee for yeeres tooke it, and it was allowed him by his Les∣sour, the rather as I suppose for that such in∣strumentes are commonly made of slender vnder wood, which by the cōmon

lawe the lssée for yeres may cutte and take as is afore∣said.

252 Hidage.

Hidage, that is to be quit, if the kinge shal taxe al the land by hides.

Note that a hide of land is a whole ploughlande. And this kinde of tax••ng by hides was much vsed in olde time, as well for prouision of Armour, as paymentes of Money, and that chieflie in king Ethel∣dreds daies (a king in this Countrey before the Con∣quest) who in the yeere of Christ 1006. when as the Danes landed at Sand∣wich in Kent, taxed al his land by hides thus, That euerie three hundred and tenne hides of lande, should find one ship furnished, and euery eight hides shoulde find one Iack and one sal∣let, for the defence of the Realme.

253 Hotchpot.

HOtchpot, is a medling, ••or mixing together, and a partition of Landes giuen in frankmarriage,

with other landes in fée simple discended, As for example, a man seised of 30. acres of lande in fee simple hath issue 2. daugh∣ters, and giueth with one of his daughters to a man that marrieth her ten a∣cres of the same lande in frankemariage, and dyeth seised of the other twentie acres: Nowe if shee that is thus married will haue anie part of the twentie a∣cres wherof her father di∣ed seised: She must put her landes giuen in frank∣marriage in Hotchpot, that is to say, shee must refuse to take the sole pro∣fits of the lande giuen in frankemarriage, and suf∣fer the land to bee commixt and mingled together with the other lande wherof her Father died seised, so that an equall diuision maye bee made of the whole betwéene her and her sister: and thus for her tenne acres shée shall haue fiftéene, else her Sis∣ter will haue the twentie acres of which their father died seised.

254 Homage.

HOmage, is a seruice which shall bee made in such manner, that is to say, the tenaunt in fee sim∣ple or fee taile that holdeth by homage shall kne••le vp∣on both his knees vngir∣ded, and the Lorde shall sit and shal holde the handes of his tenant betweene his handes, and the tenaunt shall saye. I become your man from this daye for∣warde of life and member and of earthlie honour, and to you shall be faithfull and true, and shall beare to you faith for the landes that I claime to holde of you, sa∣uing that faith that I owe to our Lorde the king, and then the Lorde so sitting shall kisse him.

But how fealtie shal bee done looke before in fealtie.

And the stewarde of the Lord may take fealtie but not homage.

255 Homage auncestrel.

HOmage auncestrell, is where a man and his ancestours of time out of mind, did hold their land of their lord by homage. And if such Lord hath receiued

homage, he is bound to ac∣quite the tenant against al other Lords aboue him of euery manner seruice. And if the tenant hath done ho∣mage to his Lorde, and be impleded and voucheth the Lorde to warrantie, the Lord is bound to war∣rant him, and if the tenant loose, hee shall recouer in value against the Lord so much of the landes as hee had at y^• time of y^• voucher or any time after. Also if a man that holdeth his lande by homage auncestrell ali∣en the lande in fee, then the alienée shall doe homage to his Lorde, but he shall not hold by homage auncestrel, for that the continuance of the tenauncie in the blood of the first tenaunt is dis∣continued.

Homesoken.

HOmesoken, (or hame∣soken) that is to bee quit of amerciaments for entring into houses vio∣lently and without licence, and contrarie to the peace of the King. And that you holde plea of such trespasse done in your Court and in your land.

257 Homicide or Man∣slaughter.

HOmicide or manslaugh∣ter, is the killing of a man feloniously without malice forethought. It is also defined thus, Homi∣cide is the killing of a man by a man, and if such kil∣ling be done by a dog, oxe, or other thing, it is not pro∣perly called homicide: for it is called homicide of a mā, and to kill as the killing of a man.

258 Hornegelde.

HOrnegelde, that is to be quit of a certaine cu∣stome exacted by tallage thorowe all the lande, as of whatsoeuer horne beast.

259 Housebote.

HOusebote, is necessarie timber, that the lessee for yeres, or for life, of com∣mon right may take vpon the ground, to repa••re the houses vpon y^• same groūd to him leased, although it be not expressed in the lease, & although it bee a lease by words without deed. But if he take more thē is need∣ful, hee may be punished by ••n action of waste.

Hundred.

HVndredes, were deui∣sed by Alfred the king, after that hee had deuided the whole realme into cer∣taine partes or Sections, which of the Saxon word Scynan signifying to cuite, hee termed Shires, or (as wee yet speake) Shares, and Portions. These Shires hee also deuided into smaller parts, where∣of some were called Laths of the worde Ielapian, which is to assemble toge∣ther, others Tythings, so named, because there were in eache of them to the number of tenne persons, whereof eache one was Suertie and pledge for others good ob••aring: o∣thers hundreds, because they contained iurisdicti∣on ouer an hundred men or pledges dwelling per∣aduenture in two or thrée, or more Parishes, Bo∣roughs, or Townes, lying and adioyning neuertheles somewhat neere together, in which hee appointed administration of Iustice to bee exercised seuerally amonge them of the same

hundred, and not that one shoulde runne out disor∣derly into an others hun∣dred, lath, or tithing, wherein hée dwelleth not. These hundredes conti∣nue to this daie in force, although not altogether to the same purpose, where∣unto at the first they were appoynted, yet still verie needefull both in tyme of peace for good order of go∣uernement diuers wa••es and also in warre for cer∣teintie of leuying of men: as els for the more readie collections of paymentes granted in Parliament to the Kings and Quéenes of this Realme.

261 Hundredum.

HVndredum, that is to bee quite of money or customes to bée done to the gouernours and hundre∣dors.

I.

Ideot.

IDeot, is hée that is a foole naturally from his birthe, and knoweth not how to accompt or number twentie pence, nor cannot name his father or mother,

nor of what age himselfe is, or such like easie & com∣mon matters: so that it appeareth he hath no ma∣ner of vnderstanding of reason, nor gouernement of himselfe, what is for his profite or disprofit &c. But if he haue so much know∣ledge that hee can read or learne to read by instructi∣on and information of o∣thers, or can measure an Ell of cloth, or name the dayes in the weeke, or be∣get a child, sonne or daugh∣ter, or such like, whereby it may appeare that hee hath some light of reason: then such a one is no Ideot naturally.

Idemptitate no∣minis.

IDemptitate nominis, is a writ, and it lyeth where a writ of debt, couenant, or accompt, or such other writ is brought against a man, and another that hath the same name as the defendant hath is takē for him, then he shall haue this writ, by the which the Shirife shall make in∣quirie before the Iustice

assigned in the same coun∣tie, if he be the same person or not▪ & if he bee not found to be y^• partie, then he shall go without day in peace.

264 Ieofaile.

IEofaile, is when the par∣ties to any s••ite in plea∣ding haue procéeded so far that they haue ioyned is∣sue, which shalbe tryed or is tryed by a Iury or en∣quest. And this pleading or issue is so badly pleaded or ioyned, that it wilbe er∣ror if they procéede: Then some of the saide parties may by their Counsel shew it to the Court as well after verdict giuen and before iudgement, as be∣fore the Iury be charged. The shewing of which defectes before the Iurie charged was often when the Iury came into the Court to trie the issu: then the Counsell which will shew it, shal say, This en∣quest ye ought not to take; And if it bee after verdict, then he may say, to iudge∣ment you ought not to go. And because such many de¦laies were in suits, diuers

statutes are made to re∣dresse them, aswell in the time of king H. 8. in the 32 yere ca. 30. as in the time of the Queene that nowe is: wherof a man may saye as the Ciuilians say, that although Constantine the Emperor commanded the formes of the law to be cut off, yet the daily vse of plea∣ding doth séeme againe to recall them, or rather, some of them increase as y^• heds of Hidra.

Vnlawfull assembly.

VNlawfull assemblie, is where people assemble themselues together to do some vnlawfull thing a∣gainst the peace, although that they execute not their purpose in déede.

Imparlance.

IMparlance, is when an action of debt, trespas, or such like is brought a∣gainst a man, & after that the plainlife hath counted or declared, the defendant prayeth the Court, that hee may haue time to put in his aunswere to

another daye in the same terme, or in the next terme following, this stay of aunswere is called im∣parlance.

267 Imprisonment.

IMprisonment, is no other thing, but the restraint of a mans libertie, whe∣ther it be in the open field or in the stockes, or cage in the streates, or in a mans owne house aswell as in the common gaole. And in all these places the partie so restrayned is said to be a prisoner, solong as hee hath not his libertie fréely to goe at all times whether he will, without Baile, Mainprise, or o∣ther aucthoritie.

268 Infangthefe.

INfangthefe, that is, that theeues taken within your demesne or ••ee con∣uicted of theftes, shall bee iudged in your Court.

269 Information.

INformation, for y^• Quéen is that, which for a common person ••s called a

declaration, and is not al∣wayes done directly by the Queene, or her Atturney, but rather by some other man, who sueth or infor∣meth as well for himselfe vpon the breach of some penall lawe or Statute, wherein a penaltie is gi∣uen to the partie that will sue for the same, but no action of debt to re••ouer it, then it must be had by information.

Ioyntenants.

IOintenants be wher two men come to any lands & tenements by one ioynt ti∣tle: As if a man giue landes to two men and to their heires.

But Tenants in com∣mon bee where two men haue landes by seuerall ti∣tles, or by feoffement to ii. to haue & to holde the one halfe to one & his heires, & the other half to another and his heires, in all these cases none of them know∣eth his seuerall, as it shall be said after.

And note wel, if there be two or thrée ioyntenants, and one hath issue & dyeth,

then hee and those ioynte∣naunts that ouerline shall haue the whole by the sur∣uiuor.

But if two iointenants make partitō betwéen thē by deed by agreement, then they be seuerall tenants.

But if one ioyntenaunt graunt that that belongeth to him to a straunger, then the other ioyntenaunt and the stranger be tenants in common.

And though two tenants in cōmon be seised throgh∣lie and of the whole, and none knoweth his seueral, yet if one die the other shall not haue the whole by the suruiuor, but his heir shall haue the halfe.

And so if there bee thrée Iointenaunts, and one of them maketh feoffement of his part to another, and the feoffee dieth, then his heire shall haue the third parte, and the other two bee ioyn∣tenants as they were, be∣cause that they two be sey∣sed by one ioint title.

Also if landes bee giuen to the Baron and to his wife, and the husband ali∣eneth and dyeth, the wife

shal recouer the whole: but if they were iointenants before the couerture, then in such case shée shall reco∣uer but the halfe.

Also if land be giuen to the husband & to his wife, and a third person, if the thirde person graunt that that belongeth to him, the one halfe passeth by this grant, for that, that the ba∣ron & his wife be but one person in the lawe, and in this case they haue no∣thing in right but y^e halfe.

Also if two Iointenants bée of landes in a Towne which is borough Eng∣lish, where lande is deuis∣able, and one by his testa∣ment deuiseth that, that belongeth to him to a strā∣ger and dieth, this deuise is void, and the other shall haue the whole by surui∣nor, for that the deuise may not take effecte till after the death of the deuisor, and immediate after the death of the deuisor, the right commeth to the other ioyntenant suruiuor, the which claymeth nothing by the deuisor but in his own right by the suruinor:

But otherwise it is of Parceners seised of lands deuisable, causa qua supra.

271 Indicauit.

INdicauit is a writ, and li∣eth where debate is be∣twéene ij. Clerkes in court Christian of one Church, or part of a Church, for dismes which amounteth at the least to the value of the iiij part of the Church, & for that that the patron of the Clerke of the defen∣dant shall léese his aduow∣son if the clerk of the plain∣tife shall recouer it, he shall haue a writ directed to the clerke of the plaintife, or to the officers of the Court christian, them commaun∣ding to cease their plée, vn∣till it is discust in the Kings court to whom the aduowson belongeth, And the writte shalbe betwéene fower persons, two shalbe patrons, and two shalbe clerkes. But this writ is not returnable: but if they cease not their suit, he shall haue an Attachment.

272 Iointure.

IOinture is an estate and assurance made to a wo∣mā in consideration of ma∣riage

for terme of her life▪ or otherwise, as is men∣tioned in the statute 27. H. 8. cap. 10. whether it be be∣fore or after the mariage. And if it be after the mar∣riage, then shee may at her libertie after the death of her husband refuse to take or haue the landes so assu∣red for her iointure, & de∣maund her dower at the common law: But if it be made before mariage, then shée may not refuse such ioynture, nor haue dower according to the common law, vnlesse that when shée bringeth her writte of do∣wer, the defendant pledeth such a plée that will not barre her of her dower, thē she shalbe endowed: As if he say in barre, that her husband was not seysed of such estate whereof shée might be endowed, or anie such plée, & doth not shewe that shée hath a ioynture made &c. and therefore de∣mādeth iudgement of that action, or iudgement if shée shalbe also endowed, or anie such lyke plée &c. And this was the opinion of the right worshipfull Master

Brograue, at his Reading in Grayes Inne in sum∣mer An. 1567. 18. El. vpō a branch of the statute made An. 27. H. 8. ca. 10. concer∣ning iointures & dowers.

And by him of those things whereof a woman may bée endowed, shée may haue iointure as of mines, vesturam terre, woodes, Townes, Iles, Mea∣dowes, and such like. Also of an aduow on, of a re∣uersion depending vppon an estate for life, of a windmill, a high Cham∣ber, a rectorie and such o∣ther, and they are called Tenementes. Also of a villen, for hée is an here∣ditament. And of all these profite may come to the woman. But of those thinges whereof no pro∣fite will come, but rather a charge, a iointure cannot be made.

L.

283 Theft.

THeft, is a wrongfull takyng awaie of an o∣ther mans goods, but not from his person, with a minte to steale them, a∣gaynst

his will whose goods they were.

And thefie is in two sorts, the one so called sim∣ply, and the other pety or little theft.

The first is where the thing stolē excéedeth y^e va∣lue of xij. d. & that is felony.

The other (which is called little or petite theft) is where the thing stollen doeth not exceede the va∣lue of xij. d. and that is no felony.

Lastage.

LAstage, that is to be quit of a certaine custome ex∣acted in faires & markets for carrying of thinges where a man will.

Leases.

LEases bée graunts or de∣mises by one which hath any estate in any heredita∣ments of those heredita∣ments to on other for a les∣ser time, and they be in di∣uers maners, that is to say for terme of life, for terme of yéeres, for terme of an o∣thers life, and at will.

Also a lease of lande is as good without déede as with déede.

But in a lease for terme

of life, it behoueth to giue liuerte and seisin vpon the lande, or else nothing shall passe by the grant, because that they bée called free∣holdes.

Also a lease of a common or rent, may not bee good without déede.

But of a Parsonage, it is good without déede, for that that the Church which is the principall, may passe well ynough without déede, and so the dismes & offeringes which bée as accessarie to the Church.

But dismes & offringes by thē s••lfe may not be let without déed as it is said.

286 Lessor and Lessee.

LEssor, is hée that lesseth landes or tenements to an other for terme of life, yéeres, or at will and he to whom the leafe is made, is called lessée.

287 Leuant & Couchant.

LEuant and Couchant is saide, whch the beastes or Cattell of a Straunger are come into an other mans grounde, and there haue remained a certaine good space of time.

Ley.

LEy, is when an action of debt is brought agaynst one vpō some secret iudge∣ment or contract had be∣tweene the parties with∣out especialty shewed, or other matter of Record: as in an action of Detinue for some goods or chattels lent or left with the defen∣dant, then the defendant may wage his lawe, that is to say, to sweare vpon a booke and certaine persons with him that he detey∣neth not y^e goods or oweth nothing to the plaintife in manner and forme as hée hath declared.

And it is allowed onely in cases of secrecie where the plaintife cannot proue the surmise of his suit by a∣ny déed or open acte: or the defendant might discharge it priuily betwéene them without any writing of ac∣quitāce or publike act, and therfore in an actiō of debt vpon a leas for terme of yéeres or vpon arrerages of accōpt before Auditors assigned a man shall not wage his Law.

But whē one shal wage

his law he shal bring with him vj. viij. or xij. of his neighbours as the Court shall assigne him, to sweare with him, much like vnto the othe which they make which are vsed in the com∣mon lawe to purge others of any crime laide against them, which are called cō∣purgators.

Note that the making of the othe is called wa∣ger of lawe, And when it is accomplished, then is it called, the doing of your law.

And also if the Sherife in any action returne that hée hath summoned the defendaunt to appeare in Courte at anie daye, to aunswere the plaintife, at whiche daye hee maketh default, procese shall bee awarded agaynst him to come & saue or excuse his default: which is asmuch to say, as to excuse the de∣ley, or otherwise to loose the thing demanded, And then the def. commeth and will sweare that hee was not summoned, which is cal∣led waging of law, Thē he ought to doe it at the day

assigned with twelue o∣thers, And in dooing of his lawe hée ought vppon his ••the affirme directly the contrary of that which is imputed to him▪ but the others shall not say, but that they thinke that hée faith the trueth.

Libertate probanda.

LIbertate probanda, looke for that in the title de Natiuo habendo.

Liuery of seisin.

LIuerie of seisin, is a cere∣monie vsed in conuey∣ance of lands or tenements where an estate in fee sim∣ple, fée taile, or a fréeholde shall passe: and it is a te∣stimoniall of the willing departinge by him: who makes the liuery from the thing whereof liuerie is made: And the receiuing of the liuery, is a willing ac∣ceptance by the other par∣tie, of all that whereof the other hath dismissed him∣selfe: And was inuented as an open and notorious thing, by meanes where∣of the common people might haue knowledge of the passing or alteration of estates from man to

man, that thereby they might bée the better able to trie in whom the right and possession of landes and tenementes were, if they should bée impanel∣led in Iuries, or other∣wise haue to do concerning the same.

The common maner of deliuerie of ••eysin is after this sorte 〈…〉〈…〉e: If it bée in the open field where is no building or house, then one that can reade taketh the writing in his hande, if the estate shall passe by déede, and declareth to the standers by the cause of their méeting there to∣gether &c. and then open∣ly readeth the déede, or declare the effect thereof in English, and after that it is Sealed, the partie who is to depart from the grounde, taketh the deede in his handes together with a clodde of the earth▪ and a twigge or bowe if any bée there, and all this hée deliuereth to the other partie in the name of pos∣session or seysin; accor∣ding to the forme and effect of the déede which before

them was there reād or de∣clared, But if there bee •• dwelling house or building vpon the land, then this is done there at the doore of the same; none being left at that time within the house, and the partie de∣liuereth all the aforesaide together with the ring of the doore in the name of seisin or possession, and he that receiueth the liuerie entreth in first alone and shutteth too the doore, and presently openeth it again, and letteth them in &c. If it be of a house whereto is no lande or grounde, the liuerie is made and posses∣sion taken by the deliuerie of the ring of the doore and déede onely. And where it is without déede either of landes or tenementes, there the partie declareth by worde of mouth before witnesse, the estate that he meaneth to departe with, and then deliuereth seisin or possession in maner as is beforesaid: and ••o the land or tenement doth passe as well where there is no déede as by déede, & that by force of the liuery of seisin:

It was agreed in Grayes Inne by the right wor∣shipfull Master Snagge, at his reading there in summer Anno 1574. that if a feoffor deliuer the deed in viewe of the lande, in name of seisin that it is good, because that he hath a possession in himself. But otherwise it is of an At∣turney, for hee must goe to the land, and take possessi∣on himselfe, before that hee can giue possession to ano∣ther, according to y^• words of his warrant &c. And where liuerie of seisin is by viewe, if the feoffée doe not enter after &c. nothing posseth, for he ought to en∣ter indéede.

291 Lotherwite.

LOtherwite, that is that you may take amendes of him which doth defile your bondwoman without your licence.

M.

292 Mahim or Maime.

MAhim, is where by the wrongfull ••cte of ano∣ther, any member is hurt or token away, whereby the partie so hurte is made

vnperfecte to fight: As if a bone bee taken out of the heade: or a bone be broken in anie other parte of the body: or a foote, or hande, or finger, or ioynte of a foote, or any member bee cutte: or by some wounde the sinewes bee made to shrinke, or other ••e••ber, or the fingers made cr••••∣ked, or if anie eye be putte out, or the foreteeth bro∣ken, or anie other▪ thing hurte in a mans bodie by meanes whereof hee is made the les••e ••bte ••ide∣fend himselfe or offend his enemie.

But the cutting off of an eare, or nose, or brea∣king of the hinder teeth, or such lik••, is no ••a••him▪ because it is rather a de∣formitie of the•• bodie▪ then diminishing of strength; and that is comma••l••e tryed by beholding the partie by the Iustices. And if the Iustices stand in doubt whether the hurt be a ma••••••m or not, they vse, ••nd will of their great discretion take the helpe and opinion of so••ne skilful Surgeon••▪ to consider

thereof, before they deter∣mine vpon the case.

293 Mainprise▪

MAinprise, is whē a men is arrested by Capias, then the Iudges may de∣liuer his bodie to certaine men for to keepe and to bring him before them, at a certaine daie, and these b••e called mainp••••nors, and if the partie appear not at y^• day assigned, the main pernors shalbe amer••••••.

254 Mannour▪

MAnnour, is a thinge compounde of diuers things, as of a house, land arrable, Pasture, Mea∣dowe, wood, rent▪ 〈…〉〈…〉∣son, court Baron▪ and such like make a Man••••r. And this ought to be•• by long continuance of 〈…〉〈…〉 to the cōtrarso whereof 〈…〉〈…〉 me∣mor••e cannot discerne: for at this days a Mannour cannot bee made, because a Courte Baron cannot now be made, and a Man∣nour cannot b•••• without a Court Baron, and suters or fréeholders, two at the leaste, for if all the free∣holdes except one e••cheat

to the Lorde, or if hee pur∣chase all except one, there his manor is gone, for that it cannot ••e a manor with∣out a court Baron (as is aforesaid.) And •• Courte Baron cannot bee holden but before suters, and not before ••ne suter, & therfore where but one fréeholde or fréeholderis▪ there cannot bee a manor properly, al∣though in common spéech it may be called a manor.

Manumission.

MAnumission, is in two sortes, the one is a ma∣numission expressed, the o∣ther a manumission impli∣ed or secrete.

Manumission expressed is when the Lord maketh a déede to his villeine to infranchise him by this word (manumittere) which is as much to say, as to le•• one go out of another mās handes or power.

The manner of Manu∣mitting or infranchising in olde time moste vsually was thus: The Lord (in presence of his neigh∣bours) tooke the bondman by the head saying, I will

that this man be frée, and therwith shoued them for∣ward out of his handes, & by this hee was free with∣out more ado••.

Manumission ••••plyed without this warde (Ma∣numittere) is when the Lorde maketh▪ an obliga∣tion to his villeine to paye him money at a certaine day, or sueth him where hee might enter without suit, or graunteth vnto his villeine an annuitie, or leaseth lande to him by déede for yeres, or for life, and in diuers such like cases, the villeine thereby is made free.

296 Maximes.

MAximes be the founda∣tions of the lawe, and the conclusions of reason, and are causes efficient, and certaine uniuersall propositions so sure and perfect, that they may not be at any time impeached or impugned, but ought alwayes to bee obserued & holden as strong prin∣ciples and auctorities of them selues, although

they cannot bee proued by force, of argument or de∣monstrations logicall, but are knowen by induction by the way of sence and memoris: As for exam∣ple, it is a Maxime that i•• a mā haue is•••• two sonnes by diuers women, and the one of them purchase landes in fee and dyeth without: issue, the other brother shall neuer bee his heire &••.

Also it is another max∣ime, that lands shall discēd from the father to y^• sonne, but not from the sonne to the father, for that is an ascention &c. And diuers like there be.

Maynour.

MAynour, is when a theefe hath stollen, and is followed with hue and criē and taken, hauing that sound about him which he stole, that is called y^• may∣nour▪ And s•• w•• common∣ly vs•• to ••••ye▪ when wee finde 〈…〉〈…〉 doing of an vn∣lawfull ac••••▪ that we tooke him with the may••our, or manner.

298 Maintenance.

MAintenance, is where any man giueth or de∣liuereth to another that is plaintife or defendant in a∣ny action, any summe of money or other thing for to maintaine his plee, or els maketh extreme labour for him when he hath nothing therewith to doe, then the partie grieued shal haue a∣gainst him a writ called a writ of Maintenance.

299 Mesne.

MEsne, is where the ow∣ner of landes or tene∣ments holdeth of one by certaine seruice••, and hee holdeth them of an other by like or other seruices, then hee which holdeth the lands is called tenant per∣auaile, and he of whome it is held is called Mesne, & he of whome the Mesne holdeth, is called cheefe lord. And in this case if the lorde aboue distraineth the tenant for the seruice of the Mesne, which ought to ac∣quit him to the lord aboue, then the tenant shal haue a writ against the Mesne, which is called a writ of

Mesne, & if he come not to acquit the tenant, then the mesne shall lose the seruice of the tenant & shalbe fore∣iudged of his seigniory, & the tenant shalbee tenant immediate to the chiefe lord, & shal do the same ser∣uice & suits as the Mesne did to the Lord.

Misprision.

MIsprision, is when one knoweth that another hath committed treason or felony, and will not disco∣uer him to the Queene or to the Councell, or to any Magistrate, but doth con∣cea••e the same. Diuers o∣ther offences be called mis∣prision, as when a Chap∣leine had fixed an old seale of a Patent to a new Pa∣tent of Non residence, and this was holden to bee Misprision of Treason onely, and no counterfay∣tinge of the Queenes scale.

Also if a man know mo∣ney to bee counterfait, and bring the same out of Ire∣lande hyther into Eng∣land, and vtter it in pay∣ment, this is but Mispri∣sion

of Treason, and no Treason, and so it is in diuers such like cases.

And in all cases of mis∣prision of Treason, y^• par∣tie offendour shall forfaite his goods for euer, and the profits of his landes for terme of his life, & his bo∣dy to prison at the Quéens pleasure.

And for Misprision of felony or trespasse, the of∣fender shalbee cōmitted to prison vntil he haue found sureties or pledges for his fine, which shalbee assessed by the discretion of the Iustices before whome he was conuict.

And note that in euery Treason or felony is in∣cluded Misprisiō, & where any hath committed trea∣son or felony, the Queene may cause the same to bee indicted & arraigned but of Misprision only if she wil. See more hereof Stam∣ford his first booke.

301 Shewing of deedes or Recordes.

SHewing of deedes or Re∣cordes, is, as if for ex∣ample, an action of debt

be broght against one vpō an obligation by one or by executors &c. there after that the plaintife hath de∣clared, hee ought to shewe his obligation, & the execu∣tor y^• testamēt to y^• Court, & so it is of Recorde.

And the diuersitie be∣twéene shewing of déedes or Recordes, & hearing of déeds or Records, is thus: he that pleades the deedes or record, or declares vpon it, to him it doth appertain to shewe the same. And the other against whome such deede or record is pleaded or declared, & is thereby to be charged, may demaund hearing of the same deede or record, which his aduer∣satie bringeth or pleadeth against him.

Mortdauncester.

MOrtdauncester, Looke therefore in the title Cosinage.

Monstrauerunt.

MOnstrauerunt, is a writ and it lyeth for the te∣nāts in auncien demesne, and is directed vnto the

lorde, him commaunding that he distrain not his te∣nant for to do other seruice that he ought not to doe, and they may haue this writ directed to the shirife that he suffer not the lorde to distraine the saide te∣nants for to doe other ser∣uice. Also if the tenants cannot bee in quiet they may haue an attachment against the lorde to ap∣peare before the Iustice, & all the names of the tenāts shall bee put in that writ, though but one of them be greeued onely.

Also if any landes in auncient demesne be in va∣riance betweene the te∣nants, then the tenant so greeued shall haue against the other a writ which is called of Right close after the custome of the manor, and that shall bee alway brought in the lords court and there he shall declare in the nature of what writ hee will, as his case lyeth, and this writ shall not be remoued but for a great cause or no power of the Court.

Also if the Lorde in

another place out of aunci∣ent demesne distraine his tenant to do other seruice then he ought, he shal haue a writ of right, called Ne iniuste vexes, and it is a writ of right patent which shalbe tryed by battell or Grand assise.

Mortgage or Mor∣gage.

MOrtgage or Morgage is when a man maketh a feoffement to another on such condition, that if the feoffour paye to the feoffee at a certaine daye xl. li. of money, that then the feoffour may reenter &c. in this case the feoffee is called tenaunt in Mor∣gage. And as a man may make a feoffement in fee in Morgage, so hee may make a gyft in taile, or a lease for terme of life, or for terme of yeeres in morgage. And it seemeth that the cause why it is called Mortgage, is for that it standeth in doubt, whether the feoffour will pay the money at the daye appoynted or not, and if hee faile to paye, then the

lande which hee layde in gage vppon condition of payment of the money, is gone from him for euer & so dead to him vpon condi∣tion: but if he pay the mo∣ney, then is the gage dead as to the tenant, that is to say, the feoffee, and for this cause it is called in Latine Mortuum vadium, as Ma∣ster Littleton sayth, or ra∣ther mortuum vas, as I thinke.

Also if a feoffement bee made in morgage vpon cō∣dition that if the feoffour pay such a summe at such a day &c. And the feoffour dye before the day, then if the heire of the feoffour pay the same summe at the same day to the feoffee and the feoffee refuseth it, then the heire of the feoffour may enter, but in such a case, if there bee no day of payment expressed, then such tender of the heire is voyde, for that that when the feoffour dyeth, the time of tender is past, or other∣wise the heires of the feof∣for shall haue time of the tender for euer, which shal be inconuenient, that one

shall haue a fee simple to him and to his heires which shalbee defesible al∣wayes at the pleasure and wil of others, but in the first case the time of tender was not expired by y^e death of the feoffor.

Moderata miseri∣cordia.

MOderata misericordia, is a writ, and it lyeth where a man is amerced in court Baron or county more then he ought to be, then he shal haue this writ directed to the shirif if it be in the county or to the bai∣life: fit be in the court ba∣ron comanding them that he amerce him not, but ha∣uing regard to the quanti∣tie of the trespas, & if they do not vpon this writ, then shal go forth against them, a sicut alias, and Causam nobis significes & after that an attachement.

Mortmaine.

MOrtmaine, is where lāds be giuē to a house of religion, or to another company which be corpo∣rate by the kings graunt,

then the land is come into mortmaine, that is to saye in English, a dead hand, & then the king or the Lorde of whome the lande is hol¦den, may enter as it ap∣peareth by the Statute de Religiosis, Therefore sée the statute. Also if one make a feoffement vpon trust to certain persons to the vse of a house of Reli∣gion, or to the vse of any guyld or fraternitie corpo∣rate, then it shalbee saide mortmaine, and then hee shal run in the same paine, as it appeareth by the sta∣tute Anno. 15. R. 2.

307 Mulier.

MVlier, is a word vsed in our law, but how aptly I cannot well learn: For according to the proper si∣gnification, Mulier is a de∣filed woman, like as it is vsed by Vlpianus in a cer∣taine place after this sort. If I thought that I had bought a Virgin when she was a defyled woman, the bargaine was not good. Hereby you may sée, that Mulier is a woman y^• hath had the company of a man.

But to leaue the right sig∣nification, Mulier is ta∣ken in our law for one that is lawfully begotten and borne: and is alwaies vsed in comparison with a ba∣stard, onely to shew a diffe∣rence betwéene them, as thus for example. A man hath a sonne of a woman before marriage, that is called a bastarde, and vn∣lawfull. And after he mar∣rieth, the Mother of the bastard, and they haue an∣other sonne, this seconde sonne is called Mulier, that is to say lawfull, and shall bée heire to his father: but that other cannot bée heire to anie man, because it is not knowen nor certeine in the iudgemēt of the law, who was his father, and for that cause is said to bée no mās sonne, or the sonne of the people, and so with∣out father, according to these old verses.

To whom the people fa∣ther is, to him is father none and all.

To whom the people fa∣ther is, well fatherlesse we may him call.

And alwayes you shall

finde this addition to them (Bastard eldest, & mulier yongest) when they be cō∣pared together.

308 Murder.

MVrder, is a wilfull kil∣ling of a man vpon ma∣lice forethought, and sée∣meth to come of the Sax∣on worde Mordren which so signifieth: And Mordri∣dus, is the murdered euen vntill this day amōg them in Saxonie, from whence we haue most of our words as hath bin often said. Or it may be deriued of Mort and dire, as mors dira: Sée Stamford Plees of the Co∣ron lib. 1.

N.

309 Natiuo habendo.

NAtiuo habendo, is a writ, and it lieth where the villein or niefe of the Lorde is gone from him, then the Lorde shall haue this writte directed to the Shirife that he make his Lord to haue his villeine or niefewith al his goods. Also in this writ more vil∣leins or niefes may not be demaunded then twayne, but as many villeynes or

niefes as will, iointly may bring a writ De libertate probanda. Also if a villeyne or niefe bring his writ De libertate probanda, before that the Lorde bring his writ, then the villeine pl' shall be in peace till the comming of the Iustice, or else his writ shall not helpe him.

Also if a villeine haue tarried in auncien demesne one yeere and a day with∣out claime of the Lord, thē he cannot seise him in the said fraunchise.

Ne admittas.

NE admittas is a writte directed to the Bishop at the suite of one which is patron of any Church, and hée doubteth that the Bishop will collate one his Clerke, or admit an o∣ther Clerke presented by an other man to the same benefice: then hée that doubteth it shall haue this writ to forbid the Shirife to collate or admit any to that Church.

Non omittas propter libertatem.

NOn omittas propter li∣bertatem is a writ, and

it lieth where the Shirife returneth vpon a writ to him directed, that hee hath sent to the Baylife of such a franchise which hath re∣turne of writs, and he hath not serued the writ, then the plaintife shal haue this writ directed to the Shi∣rife, that he himselfe enter into the franchise and exe∣cute the kings writ.

Also the Shirife shall warne the Baylife that hée be before the Iustice at the day contayned in the writte, and if hée come not and excuse himselfe, then all the writtes iudi∣cials which shall passe out of the Kinges court du∣ring the same plee, shalbe writs De non admittas &c. and the Shirife shal make execution of them hanging that plée.

312 Negatiua preg∣nans.

NEgatiua pregnans, is when an action or in∣formation, or such lyke is brought against one, & the defendant pleadeth in barre of the action, or o∣therwise, a negatiue plée, which is not so speciall

an aunswere to the action, but that it includeth also an affirmatiue: As for ex∣ample: If in a writte of Entre in casu prouiso, brought by him in the re∣uersion vpon alienation by the tenant for life, suppo∣sing that hée hath aliened in fée (which is a forfai∣ture of his estate) and the tenant to the writte say∣eth that hee hath not alie∣ned in fee, this is a nega∣tiue, wherein is inclu∣ded an affirmatiue: for al∣though it bée true, that he hath not aliened in fée, yet it may bée that hée hath made an estate in tayle (which is also a forfai∣ture) and then the entrie of him in the reuersion is lawfull &c.

Also in a Quare impedit the Quéene makes title to present to a Prebend, for that the temporalties of the Bishopricke we••e in her handes by the death of w. late Bishop▪ &c. The defendant saith that it was not voyde béeing the Temporalties in the Quéenes handes by the death of w. this is a

Negatiue preignans, for it may be in y^• Quéens hāds otherwise then by the death of w. and it sufficeth the Quéen if it be in her hāds by any meanes &c.

So it is where an In∣formation was brought in the Eschequer against I. S. for that he bought wooll betwene shering time and the Assumptiō such a yere of I. N. The defendant saith that he did not buy a∣nie of I. N. as it is allead∣ged &c. this is called a Ne∣gatiue preignans, for it hee bought it o•• anie other, yet he is culpable for the buy∣ing.

313 Ne iniuste vexes.

NE iniuste vexes, Looke therefore before in the title Monstrauerunt.

314 Niefe.

NIefe, is a woman that is bounde, or a villeine woman, but if she mar∣rie a free man, shee is thereby made frée, be∣cause that she and her hus∣bande are but one person in lawe, and shee ought to bee of the same nature and condition in lawe to all in∣tents that her husbande is.

But her husbande is frée to all intents without anie condition in law or other∣wise: and so by consequens the wife ought to be, and is free according to the na∣ture of her free husbande, & then if she were once frée & cleerely discharged of bon∣dage to al intents, shee can not be niefe after without especiall acte done by her, as diuorce, or confession in court of record, and that is in fauour of liberty, and therfore a frée woman shall not bee bound by taking of a villeine to her husbande: But their issue shalbe vil∣leins as their father was, which is contrary to the Ciuil lawe, for there it is said, the birth followeth the bellie.

Bondage or Villenage had beginning among the Hebrues, and his originall proceeding of Chanaan the Sonne of Cham, who because that he had mocked his Father Noe to scorne, lying dissolutelie when hee was drunk, was punished in his Son Chanaan with penaltie of bondage.

315 Nihil dicit.

NIhil dicit, is when an action is brought a∣gainst a man, and the defē∣dant appeares, the plain∣tif declares, and the defen∣daunt will not answere, or pledes to the action, & doth not maintaine his plee, but makes default, nowe vpon this default, he shalbe con∣demned, because hee saith nothing.

316 Nisi prius.

NIsi prius, is a writ iudi∣ciall, and it lieth when an inquest is empanelled and returned before the Iustices in the bench, then the plaintife or defendante maie haue this writte di∣rected to the Shirife, him commanding that he cause the Countrey to come be∣fore the Iustices in the same countie, at their com∣ming to be determined, and that for the easing of the enquest.

317 Nomination,

NOmination, is where one may in right of his Mannour or otherwise, nominate and appointe a worthy Clerke or men to a Parsonage, Vicarage,

or such like spirituall pro∣motion. And note that this nomination ought to bee to another then the ordinarie, which other shall present him to the Ordinarie.

Nonabilitie.

NOnabilitie, is where an actiō is brought against one, and the defendāt saith that the plaintife is not a∣ble to sue a••ie action, and demandeth iudgment if he shalbe answered. There are sixe causes of nonabili∣tie in the plaintife, as if hee bee an outlawe, or an alien borne, but that disability is in actions reals and mixt onely, and not in actions personals, except hee be an alien enemie, or condemp∣ned in premunire, or profes∣sed into an Abbey, Priorie or Fryarie, or excommu∣nicate, or a villeine, and sueth his Lorde, but this last is no plee for ano∣ther that is not Lord to the villaine. See more hereof in Littleton. lib. 2. cap. 11.

Bare, or naked Contract.

BAre Contract, or naked promise, is where a

man bargaineth or selleth his lands or goods, or pro∣miseth to giue to one mo∣ney, or a horse, or to build a house, or doe such a thing at such a day, and there is no recompence appointed to him for the doing there∣of. As if one say to another, I sell or giue to you all my landes or goods. And there is nothing appoin∣ted, assigned, or agreed vpon what the other shall giue or paie for it, so that there is not one thing for another, this is a naked Contract, and voide in lawe, and for not per∣formance thereof no acti∣on lyeth, for of a naked Contract commeth no ac∣tion.

320 Nusaunce.

NVsaunce, is where any man leuieth any wal or stoppeth any water, or doth anie thing vpon his owne grounde to the vnlawfull hurt and annoyance of his neighbour, he that is grie∣ued may haue therof an as∣sise of Nusance. Also if he that make the Nusance a∣lien y^e land to another, thē this writ shallbee brought

against them both as it ap∣peareth by y^e statute west∣minster 2. chap 24.

Nuper obiit.

NVper obiit, is a writte and it lyeth where one hath manie heires, that is to say, manie Daughters or manie Sones, if it be in gauell kinde in Kent, and dyeth seised, and one heire entreth into all the lande, then the other that bee hol∣den out, shall haue this writte against the coheire that is in. But a writ de Rationabili parte lyeth in such case where the aunce∣stor was once seised, and died not seised of the pos∣session, but in reuersion.

O.

Oredelfe.

ORedelfe, is where one claiymes to haue the ore that is founde in his soile or ground.

Outfangthiefe.

OVtfangthiefe, that is, that theeues or felons of your lande, or fee, out of your land or fée taken with felony or stealing, shall be brought back to your court and there iudged.

324 Oweltie.

OWeltie, is when there is Lorde, Mesne, and tenaunt, and the tenaunt holdeth of the Mesne by the same seruices, that the mesne holdeth ouer of the Lord aboue him. As if the tenāt hold of the mesne by homage, fealty, and xx. s. of rent yerely, and the mes∣ne holdeth ouer of the Lord aboue by homage, fealtie, and xx. shillings rent also, this is called Oweltie of seruices.

325 Hearing of recordes and deedes &c.

HEaring of recordes and deedes, is as for exam∣ple, an action of debte bee brought against a man vp∣on an obligation, and the defendant appeares to the action, and thē praieth that he may hear the obligation wherewith the plaintife chargeth him.

So it is when as exe∣cutors bring an action of debt, and the defendant de∣maundeth to heare the te∣stament, vpon this de∣maunde it shall be read vn∣to the defendant. But if it be in another terme or after

that the defendant hath imparled, then he shall not heare it. And so asis said of deeds, is to be vnderstood of Records that are alleaged against him.

Oier & Terminer.

OIer & Terminer, is a writ called in latin de Audiendo & terminando, & it lyeth where anie great or sodaine insurrection is made or any other sodaine trespasse which requireth hastie reformation, thē the King shall directe a Com∣mission to certain men and Iustices to heare and to determine the same.

Note that euerie Iusti∣ces of Assise haue also one Commission of Oier and determiner, directed to thē and diuers other inhabi∣tantes within the shires, whereunto their circuite extendeth, whereof ech one of the Iustices of Assise are of the Quorum, for the hearing and determining of diuers offences, which may h••ppen in their circu∣ite, which without y^t com∣mission they could not.

P.

Pape.

PApe, is an ancient name falsly arrrogated, or proudly vsurped by the Bishop of the onely Citie of Rome in Italie, and is commonly Englished the Pope, a name truely much frequented in our auncient yeere Bookes, specially in the times of those kinges, who too much abandoning their Imperiall authori∣tie, and abasing them∣selues farre beneathe their estate, were not ashamed to suffer an alien and out∣landish Bishoppe, that dwelt aboue fiftéene hun∣dred miles from them, to bee Soueraign ouer them in their owne dominions, and to take from them not onely the disposition of certaine small trifles of none accompt, but al∣so the nomination of Arch∣bishops, Bishops, Abbots, Deanes, Prouosts, appro∣priation of benefices, pre∣sentations to Parsonages, Vicarages, and general∣lie of all Spirituall per∣sons to their preferments

sometimes by lapse, and sometimes by prouision or otherwise, whereby the Kinges Princelie Prero∣gatiue was verie much a∣bridged within their own Realmes. For the repressi∣on wherof diuers statutes were made, but no sufficiēt remedy vntil King Henrie the 8. did cast off their yoke for him & his subiects.

Per que seruitia.

LOoke therefore after∣warde in the title, Quid iuris clamat.

Parceners.

PArceners, are according to the course of the com∣mon lawe, and according to the custome. Parceners according to the common lawe are where an inheri∣tor hath no issue but daugh¦ters, and dyeth, and the te∣nements discende to the daughters, thē they be cal∣led Parceners, and are but as one heir, The same law is, if he haue not any issue, and that his sisters should be his heirs. But if a man hath but one daughter, she is not called parcener, but shee is called the daughter and heir. And if there be no

daughters nor sisters, the lande shall discend to the aunts, and they bee called parceners. Also whē lands discend to diuers parce∣ners, they may make par∣tition between themselues by agréement, but if any of them will not make par∣tition, then the other or the others shal haue a writ de Participatione facienda di∣rect to the shirife, who shall make partition betweene them by the oth of xii. law∣full men of the bailiwike. Also partitiō by agréement may be made by the law, as∣wel by word without deed, as by déed. And if they bee of ful age the partition shal remaine for euer, and shall not at any time be defeated. But if the lands be to them in the tail, and though that they are concluded during their liues, yet the issue of him which hath the lesser part in value, may disagrée from the partition, and en∣ter and occupie in common with the other parte. And also if the husbandes of the parceners make partition, when the husbande dyeth, the wife may disagrée

from the partition. Also if the parcener which is within age make partitiō, when shee commeth to full age she may disagree. But shee must take good heede when she cometh to her sui age that she take not al the profits to her own vse of y^e landes which were to her allotted, for then she agrée∣eth to the partition, & y^e age shall alway extend to the age of xxi. yeares.

Also if there bee diuers Parceners that haue made partition betwéene them, & one of their partes be recouered by lawfull title, then shee shal compell the other to make a newe partition.

Also they are parceners accordinge to custome, where a man is scises of landes in Gauelkinde, as in Kent & in other places franchised, and hath issue diuers sonnes & die, then the sonnes are parceners by custome.

Partition.

PArtition, is a deuiding of lands discended by y^• common Lawe, or by cu∣stome

among coheires or parceners where there be ii. at the least, whether they be sonnes, daughters, sisters, auntes, or other∣wise of kinne to the aunce∣stor from whome the lande discended to them.

And this partition is made foure wayes for the most parte, whereof three are at pleasure and by agreemēt among them, the fourth is by compul∣sion.

One partition by agrée∣ment is when they them¦selues deuide the lande e∣qually into so many parts, as there bee of them co∣parceners, and eache to choose one share or parte, the eldest first, and so the one after another, as they be of age, except that the eldest by consent made the partition, then the choyse belongeth to the next, and so to the eldest last, ac∣cording as it is saide: who so maketh the parti∣tion, the other must haue the choyse.

Another partition by agréement is when they choose certaine of their

friends to make diuision for them.

The thirde partition by agréement is by drawing of lottes thus: First, to de∣uide the land into so many partes as there be parce∣ners, then to writ euery part seuerally in a little scroll or peece of paper or parchment, and to put the same scrols vp close into a hat, cap, or other such like thing, and then each parce∣ner, one after another as they be of age, to draw out thereof one péece or scroll wherein is written a part of the land which by this drawing is now seuerally allotted vnto them in fee simple.

The fourth partition which is by compulsion, is when one or some of the coparceners woulde haue partition, and other some wil not agrée thereto, then they that so woulde haue partition may bring a writ De partitione facienda a∣gainst the others that woulde not make partiti∣on, by vertue wherof they shall bee compelled to de∣part &c.

In Kent where the lands are of Gauelkinde nature, we call at this day our partition Shifting, euen the verie same worde that the Saxons vsed, namely Shiftan, which sig∣nifieth to make partition betweene coheires, and to assigne to each of them their portion, In Latine it is called Herciscere.

Partition also may be made by Ioyntenants or tenants in comon by their assent, by deede betweene them, or by writ by the statutes of 31. H. 8. cap. 1. and 32. H. 8. cap. 32.

331 Parties.

PArties to a fine or deede are those which are na∣med in deedes or fines as parties to it, as those that leuie the same fine, & also they to whome the fine is leuyed. And they that make a déede of feoffement and they to whome it is made are called parties to the déede, and so in any o∣ther like cases.

Note that i•• an Inden∣ture be made betwéene ii.

as parties thereto in the beginning, & in the déede one of them graunteth or letteth a thing to another, and one that is not named in the beginning, he is not partie to the déede, nor shall get nothing thereby.

Patron.

PAtron is hee that hath the aduowson of a par∣sonage, vicarage, frée chap∣pel, or such like spirituall promotiō belonging to his mannor, or otherwise in grosse, and thereby may or ought to giue the same be∣nefice, or present thereto, when and as often as it falleth voide. And this being patron or patronage had beginning for the most part by one of these three wayes, namely ei∣ther by reason of the foun∣dation, for that the Pa∣tron or his auncestors, or those from whome hee claimes were founders or buylders of the Church, or by reason of dotation, for that they did endow or giue landes to the same for maintenance thereof,

or els by reason of y^• groūd, because y^• Church was set or builded vpō their soile or ground: And many times by reason of them all three.

333 Perquisites.

PErquisites are aduanta∣ges and profites that come to a mannor by ca∣sualtie, and not yeerely, as Escheates, Hariots, Reliefes, waifes, straies, Forfaitures, Amercia∣ments in courtes, wards, Mariages, goodes and landes purchased by vil∣leynes of the same man∣nor, fines of copyholdes, & diuers such like thinges that are not certaine but happen by chance, some∣times more often then at other times. Sée Perkins fol. 20. and. 21.

334 Perambulatione facienda.

PErambulatione facienda is a writte, and it lieth where two Lordships lie one nigh another, and some encrochment is made by long time, then by assent of both Lordes the Shi∣rife shall take with him the parties and the neigh∣bours, and shall make

perambulation & shal make the boundes as they were before, but if a lord incroch vpon another, & he will not make perambulation, then the Lord so grieued shall haue a writ against the o∣ther, which is called de ra∣tionabilibus diuisis.

Petit Cape.

PEtit Cape is a writ, and it lieth when any action reall, that is to say of plée of land is brought, and the tenant appeareth, and af∣terward maketh default, then this writ of Petite cape shall go foorth to seise the landes into the Kings handes, but if hée appeare not, but maketh default at the first summons, then a graund cape shal go forth and for such default the te∣nant shall lose the land, but if he wage his law of non summons, he shall saue his default, and then hée may plede with the demādant. And in greūd cape the te∣nant shalbe summoned to answere to the default, and farder to the demaundant, but in petit cape he shalbe summoned to answere to the default onely, & not to

the demaundant, and it is called Petit cape, for that that there is lesse in this writ.

336 Petit serieantie.

TO hold by petite serie∣antie is as if a man hold of the king landes or tene∣mentes, yéelding to him a knife, a buckler, an arrow, a bowe without string, or other like seruice at the wil of the first feoffor, and there belongeth not warde, mar∣riage ne reliefe. And marke well that a mā may not holde by graunde nor petite serieantie, but of the King.

337 Plaintife.

PLaintife is he that sueth or complaineth in an as∣sise or in an action perso∣nall, as in an action of debt, trespasse, disceit, detinue, and such other.

338 Pleading.

PLeadings, bée called all the sayings of the par∣ties to suits after the coūt or declaration, namely that which is contayned in the barre, replication, and reioinder, and not that contayned in the count it selfe, & therefore defaultes

in the matter of the count are not comprised within mispleading, or insuffici∣ent pleading, nor are reme∣died by the statute of Ieo∣failes, 32. H. 8. But onely that mispleading, or insuf∣ficient pleading, commit∣ted in the barre, replicatiō, & reioinder, are there pro∣uided for.

Post disseisin.

POst disseisin, Looke for that before in the title Assise.

Possession.

POssession, is saide two wayes, eyther actuall possession, or possession in lawe.

Actuall possession, is when a man entreth in déede into landes or tene∣mentes to him discended, or otherwise. Possession in lawe is when landes or tenementes are dis∣cended to a man, and hée hath not as yet really, ac∣tually, and in déede entred into them. And it is called possession in lawe, because that in the e••e, and consi∣deration of the lawe, hée is déemed to be in possessi∣on, for asmuch as he is te∣nant

to euerie mans acti∣on that wil sue cencerning the same landes, or tene∣mentes.

341 Poundes.

POundes are in ij. sortes, the one pounds open, the other pounds close.

Pounde open, is euerie place wherein a distresse is put, whether it be common pounde such as are in eue∣rie Towne or Lordship, or whether it bee backeside, court, yard, pasture, or else whatsoeuer, whether the owner of the distresse may come to giue them meate & drinke without offence for their being there, or his comming thither.

Pound close, is such a place, where the owner of the distresse may not come to giue them meate and drinke, without offence, as in a close house, or whatso∣euer els place.

342 Preamble.

PReamble taketh his name of the preposition (Pre) before, and the verbe (Ambulo) to goe, so ioy∣ned together, they make a compound verbe of the first coniugation (Pream∣bulo)

to goe before, & here∣of the first parte or begin∣ning of an act, is called the preamble of the acte, which preamble is a key to open the mindes of the makers of the acte, and the mis∣chiefes that they intend to remedie by the same, as for example the statute made at westminster the first, the 37. chap. which giueth an attaint, the preamble of which is thus. Foras∣much as certaine people of the realme, doubt very lit∣tle to giue false verdicts or othes, which they ought not to doe, whereby many people are disherited and lose their right, it is proui∣ded &c.

Premunire.

PRemunire, is a writ and it lieth where any man sueth any other in the spi∣rituall court, for any thing that is determinable in the Kings court, and that is ordeined by certaine sta∣tutes, and great punish∣ment therefore ordeined, as it appeareth by the same statutes, viz. that he shalbe out of the Kings protecti∣on, & that he be put in pri∣son

without baile or main∣prise till that he haue made fine at the Kings will, and that his landes and goods shalbe forfait if he come not within ij. monethes. Also y^• prouisors, procurators, atturneis, executors, no∣taries & mainteinors, shall be punished in the same maner, therefore looke the statutes. Also some men say, that if a clarke sue an other man in the court of Rome for a thing spiritu∣all where hee may haue re∣medie within the realme in the court of his Ordinarie that hee shalbe within the case of the statute.

And vpon diuers other offences is imposed by Statutes lately made the penaltie that they incurre which are attainted in pre∣munire. As by 13. Elizab. cap. 8. they which are, ay∣ding to make a corrupte bargaine whereupon vsu∣••y is reserued aboue the x. pounds in the hundred in the yéere &c.

344 Precipe in capite.

PRecipe in capite is a writ & it lieth where the tenant holdeth of his Lord

in chiefe as of his crowne, and hée is deforsed, that is to say▪ put out of his lande, thē he shal haue this writ, and this writ shalbe close and shalbe pleded in the cō∣mon place. Also if any te∣nant which holdeth of any Lord be deforsed it beho∣ueth him to sue a writ of right patent which shalbe determined in the Lords court, but if the lād be hol∣den of the king, the writ of right patēt shalbe brought to the kings Coure and this writ may bée remo∣ued from the Lords court vnto the countie by a ••oit, and from the countie into the comon place by a pone, Looke therefore before in the title Droit.

Prescription.

PRescription. is when a man claimeth any thing for that hée, his ancestors, or predecessours, or they whose estate he hath, haue had or vsed any thing all the time whereof no minde is to the contrary.

But one may not pre∣scribe against a statute ex∣cept he haue an other sta∣tute

that serueth for him.

346 Presentment.

PResentment, is of two significatiōs: one is pre∣sentmēt to a church, which when any man which hath right to giue any benefice spirituall, and nameth the person to the Bishop to whom he will giue it, and maketh a writing to the Bishop for him, that is a presentatiō or presentmēt, But if diuers coheires may not accord in present∣ment, the presentment of the eldest shalbe admitted, but of iointenants and te∣nants in common, if they ••••••orde not within six mo∣neths the Bishop shal pre∣sent by laps.

The other is a present∣ment or Information by anie Iurie in a Court, be∣fore 〈…〉〈…〉 Officer which hath authoritie to punishe anie offence done contrarie to the law.

347 Pretensed tight or Title.

PRetensed tight or Title, is where one is in posses∣sion of lands or tenemēts, and ••n other who is out of possession, claimeth ••t,

or sueth for it. Now the pretensed right or title is said in him, who so doth sue or clayme. And if he af∣terward come to the posses∣sion of the same landes, or tenements, his right or ti∣tle is annexed to the lande and possession, and no•• then called right.

Priuie or Priuities.

PRiuie or Priuities, is where a lease, is made to holde at will▪ for yeeres, for life, or a feoffement in fée, and in diuers other cases, now because of this that hath passed betwéene these parties, they are called priuies in respect of stran∣gers betwéene whom no such dealinges, or conuey∣ances hath bin.

Also if there be Lorde and tenant, and the tenant holdeth of the Lorde by certeine seruice, there is a priuity betwéene them because of the tenure, and if the tenaunt bée disseised by a Straunger, there is no priuitie betwéene the disseysor and the Lorde, but the priuitie stil remay∣neth betweene the Lorde and the tenaunt that is

disseised, and the Lorde shall auowe vppon him, for that hee is his tenaunt in right & in the Iudgement of the lawe. Priuies are in diuers sortes, as namely priuie in estate, priuies in déede, priuies in lawe, pri∣uies in right, and priuies in blood.

Priuies in estate is where a lease is made of the manor of Dale to A. for lyfe, the remainder to B. in fée, there both A. and B. are priuies in estate, for their estates were bothe made at one time.

And so it is in the first case héere, where a lease is made at will, for lyfe or yeares, or a feoffement in fée, the lessées or fef∣fées are called priuies in estate, and so are their heires &c.

Priuies in dée••e is where a lease is made for lyfe, and afterwarde by an other déede the reuersion is graunted to a Straun∣ger in fée, this grauntée of the reuersion is called priuie in déed, because that hée hath the reuersion by déede.

Priuie in lawe is where there is Lorde and tenant, the tenaunt lesseth the te∣nauncie for life and dyeth without heire, and the re∣uersiō es••heats to the lord, hee is said priuie in lawe, because that he hath his e∣state onely by the l••w, that is to say, by escheate.

Priuie in right is where one possessed of a terme for yeeres, graunts his estate to another vpon con∣dition, and maketh his executors and dyeth, nowe these executors are pri∣uies in right, for if the condition be broken, and they enter into the lande, they shall haue it in the right of their testator, and to his vse.

Pri••ie of blood is the heire of the feoffour or do∣nour &c.

Also if a fine bee leuied, the heires of him that le∣uyeth the fine are called priuies.

Priuiledges.

PRiuiledges, are liberties and franchises graun∣ted to an Office, place, towne, or Mannor, by the Quéens great charter, let∣ters

Patentes, or acte of Parliamente, as Tolle, Sake, Socke, Infang∣theefe▪ •• Outfangthiefe, Turne tolle, Oredelfe, and diuers such like, for which looke in their pro∣per titles and places.

350 Proces.

PRoces, are the writs and precepts that goe vpon the original: and in actions reals and personels there bee sundrie sortes of pro∣ces, for in actions reals the proces is Graund Cape, be∣fore apperance: therefore see of that in the title Pe∣tite Cape.

But in actions perso∣nals, as in debt, trespasse, or detinue, the proces is a distresse, and if the Shirife returne Nihil habet in bal∣lina &c. then the proces is alias Capias, and Piuries, and an Exigent, & they are called Capias ad respondē∣dum. Also the Exigent shalbe proclaimed 5. times, and if the partie doth not appear he shalbe outlawed: But in diuers actiōs there are diuers manner of pro∣ces, which at large is de∣clared in Natura brenium.

Also there are diuers o∣ther proces after appa∣rance when the parties be at issue to make the en∣quest appeare, as a writ o•• Venire facias. and if they do not appeare at the daye, then a writ of Habeas cor∣pora ••urat, & after a writ of Distringas Iurat.

Also there are diuers o∣ther proces after iudge∣ment, as Capias ad satisfa∣ciendum, Capias vtlagatū, and Capias ad valentiam &c.

But Capias ad satisfaci∣endum lieth where a man is condemned in any debt or dammage, then he shall be arrested by this writte and put in prison without baile or maineprise, till hee hath pa••ed the debt and the damages.

But Capias vtlagatum, lieth where one is outlaw∣ed, then he shall bee taken by this writie, and put in prison without baile or mainprise, for that he had the law in contempt.

Capias ad valentiam ly∣eth where I am impleaded of certain lands, & I vouch to warrantie another, and

cannot barre the demaun∣dant, so that the demaun∣dant recouer against me, then I shall recouer so much in value against the vouchee, and then shall goe forth this writte.

Also there beeother pro∣cesse and writs iudicials, as Fieri facias, Scire faci∣as, and manie other: and therefore looke for them in their titles.

351 Next friend.

NExt friend, is commonly taken for Gardian in socage, and is where a man seised of landes holden in socage dieth, his issue with∣in age of xiiii. yeeres, then the next friend, or nexte of kinne to whom the landes cannot come or discend shal haue the keeping of the heire, and of the lande, to the onely vse of the heire, vntill hee come to the age of xiiii. yeeres: And then at that yeeres ••e may en∣ter and put been out, and bringe him to accompte: But in that accompte bee shalbe allowed for all reaso∣nable costes and expences bestowed either vpon the heire or his land.

And the next friende or nexte of kinne to whome the inheritance cannot dis∣cende, is thus to bee vn∣derstoode: If the Landes discende to the heire from his Father, or anie of the kinne of his Fathers side, then the Mother or other of the Mothers side are called the next of kinne to whome the enheritaunce cannot discende, for be∣fore that it shall so discend, it shall rather Escheate to the Lorde of whome it is holden.

And so it is to bee vn∣derstoode where the landes come to the heire from his Mother, or anie of the kinne of his Mothers side, then the Father or other of the Fathers side are cal∣led the nexte of kinne to whom the inheritance can not discende, but shall ra∣ther escheate to the Lorde of whome it is holden.

Otherwise, Procheine amy is he which appeareth in anie Courte for an en∣fante which su••th ani•• ac∣tion, and aideth the enfant ••o pursue his suite▪ where▪ of, see the Statutes of

w. 1. cap. 47. and w. 2. cap. 15. that an enfant▪ may not make an Atturney, but the Court may admit the next friend for the plaintif, and a gardian for the en∣fant defendant as his At∣turney.

352 Procedendo.

PRocedendo, is a writ, & it lyeth where any acti∣on is sued in one Court which is remooued to a Court more high, as to the Chauncerye, the kings bench, or Common place by a writ of Priuiledge or Cerciorare, and if the de∣fendant vpon the matter shewed, haue no cause of priuilege, or if the matter in the bill whereupon the cerciorare issued be not wel proued, then the plaintife shal haue this writ of pro∣cedendo, for ••o send again the matter vnto the first basse Court, and there to be determined.

353 Prohibition.

PRohibition, is a writ & it lieth where a mā is im∣pleded in y^• spir••tual court of y^• thing y^• toucheth not

matrimonie nor testamēt, nor méerely tuhes, but that toucheth the kinges crowne, and this writ shal be directed as well to the partie as to the Iudge or his officiall, to prohibite them that they pursue no further. But if it appeare afterwarde to the Iudges temporall, that the matter is to bee determined in the spirituall Court, and not in the Court temporall, then the partie shall haue a writ of Consultation, commanding the Iudges of the Court spirituall to procéede in the first plee.

Protection.

PRotection is a writ and it lyeth where that a mā will passe ouer the Sea in the kings seruice, then hee shal haue this writ, and by this writ hee shall be quit of all manner of plees be∣twéen him & any other per∣son, except plées of dower, Quare impedit, assise of no∣uel disseisin, darreine pro∣sentment, and attaintes, and plees before Iustice in eire. But there be two

writs of protection, one Cum clausula volumus, & another Cum clausula no∣lumus, as appeareth▪ in the Register. Also a pro∣tection shall not bee allo∣wed in any plée begun be∣fore the date of the protec∣tion if it be not in vyages where the King himselfe shall passe, or other vyages royals, or in messages of the king for neede of the Realme. Also a protecti∣on shall not bee allowed for victuall bought for the vyage whereof the prote∣ction maketh mention, nor in plees of trespasse or of contractes made after the date of the protection. But note that any may attach or begin any action reall against him that hath such protection, and therein pro••éede vntill the defendant cometh & shew∣eth his protection in the Court, & hath it allowed, and then his plée or suite shall goe without day. But if after it appeareth that the party which hath the protection goeth not a∣••o••d y^• affaires for which he hath it, then the demaū∣dant

shall haue a repeale thereof. And if he go & re∣turne after the busines en∣ded, the demaundant shall haue a resummons to re∣continue the former suit.

Protestation.

PRotestation, is a forme of pleading when any will not directly affirme, nor di∣rectly deny any thing that is alledged by another, or which hee himselfe alled∣neth. And it is in two sortes: One is, when one pleadeth any thing which he dar̄e not directly affirm, or that hee cannot pleade it for doubt to make his plee double. As in con∣ueying to himselfe a title to any lande, hee ought to plead diuers discents by diuers persons, and hee dare not affirme that all they were seised at the time of their death, or al∣though hee could doe if it shall bee double to plead two discentes of both which, euery one by himselfe may be a good bar••e. Then the defendant ought to plead and alledge the matter interlasing

this worde Protestando: As to say, that such a one dyed (by protestation) sei∣sed &c. and that is to be al∣ledged by protestation, and not to bee trauersed by the other. An other protestati∣on is, when one is to aun∣swere to two matters, & yet by the lawe hee ought to pleade but toone, then in the first part of the plee hee shall saye to the one matter Protestando, & not cognoscendo, this matter to bee true, and make his plée further by these wordes, sed pro placito di∣cit &c. and this is for sa∣uing to the partie, (that so pleadeth by protestation) to bee concluded by any matter alleaged or obie∣ted against him, vpō which hee cannot ioyne issue: And is no other thing but an exclusion of the conclu∣sion, for hee; that taketh the protestation excludes the other partie to con∣clude him. And this pro∣testation ought to stande with the sequell of the plee, and not to bee repu∣gnant, or otherwise con∣trarie.

Purchase.

PVrchase is the possession that a man hath in lands or tenements by his owne act, meanes or agreement, and not by title of discent, from any of his aunce∣stours. See Littleton, lib. 1. cap. 1.

Q.

Quale ius.

QVale ius, is a writ and it lyeth where an Ab∣bot, prior, or such other should haue iudgement to recouer l••nde; by the de∣fault of the tenant against whom the l••nde is deman∣ded, then before iudgement giuen or execution awar∣ded, this writ shal go forth to the eschetor to enquire what right hée hath to re∣couer, and if it be ••ounde that he hath no right, then the Lorde which shoulde haue the land if the tenant had aliened in mortmaine may enter as into land ali∣ened into mortmaine, for this loosing by default is like alienation. See the statute w. 2. ca, 32.

But a writ of Ad quod dampnum lyeth where one wil giue lāds to an house of religion, then this writ shall goe foorth to the Es∣chetor, to enquire of what value the land is, & what preiudice it shall bée to the King.

358 Quare eiecit infra terminum.

QVare eiecit infra termi∣num is a writ, and it lyeth where one maketh a lease to another for terme of yeres, and the lessor en∣feoffeth another, and the feffee putteth out the ter∣mour, then the termour shall haue this writ a∣gainst the feoffee, but if another stranger put out the termour, then he shall haue a writ de Eiectione firmae against him, and in those two writs he shal re∣couer the terme and his dammages.

359 Quare impedit.

QVare impedit is a writ & it lieth where I haue aduowson & y^• parson dieth and another presenteth his clerke, or disturbeth mee

to presēt, then I shal haue the said writ. But Assise of darrain presentment ly∣eth, where I or my aunce∣stors haue presēted before. And where a man may haue Assise of darrain pre∣sentment, he may haue a Quare impedit, but not contrariwise.

Also if the plée be depē∣ding betweene two par∣ties, and be not discussed within v••••moneths, then the Bishop may present by laps, & he y^• hath right to present, shal recouer his damages, as it appeareth by the statute of west. 2. c. 5. therefore see the statute. Also if hee that hath right to present after the death of the person, & bringeth no Quare impedit nor Dar∣reine presentment, but suffereth a stranger to v∣surpe vpon him, yet he shal haue a writ of right of ad∣uowson, but this writ ly∣eth not, vnlesse he claun to haue the aduowson to him & his heires in fee simple.

Quare incumbrauit.

QVare incumbrauit, is a writ, •• it lyeth where

two bee in plee for the ad∣uowson, and the Bishop ad••••tt••th the clerke of one of them within the vi. mo∣nethes, then he shall haue this writ against the Bi∣shop, but this writ lyeth alway hanging the plee.

361 Quare intrusit matri∣monio non satisfacto.

QVare intrusit matrimo∣nio non satisfacto, is a writ, & it lyeth where the Lord profereth couenable mariage to his ward, & he refu••eth and entreth into the land, & marryeth him∣selfe to another, then the Lorde shall haue this writ against him.

362 Quare non admisit.

QVare non admisit, in a writ, and it lieth where a man hath recouered on aduowson, and he sendeth his conuenable clerke to y^• Bishop to be admitted, & the Bishop will not re∣ceiue him, the he shall haue the saide writ against the Bishop. But a writ de Ne admittas lyeth, where ii ••e in plee, if the pl••intife suppose that the Bishop

will admitt the clerke of the defendant, then hee may haue this writ to the Bishop, comaunding him not to admit him hanging the plee.

Quarentine.

QVarentine, is where a man dyeth seised of a maner place & other lands, whereof the wi••e ought to be endowed, then the wo∣man may abide in the ma∣ner place, & there liue of the store & profits thereof, the space of x••. dayes within which time her dower shal be assigned, as it appeareth in Magna Charta; cap. ••.

Quid iuris clamat.

QVid iuris clamat, is a writ, and lyeth where I graunt the reuersion of my tenant for terme of life by fine in the kings-co••••••, & the tenāt wil not ••••••orn, then the gran••ee shall h•••••• this writ for to compell him to atturne▪ But •• writ of Que••▪ r••ddit •••••• reddit ••••th wher I grant by fine a rent charge, or an¦other rent which is not ••••t seruice which my tenaunt

holdeth of mee, and the te∣nant will not atturne, then the grauntee shall haue this writ. And a writ of Per que seruit••a lyeth in like case for rent seruice.

Also if I graunt foure diuers rents to one man, & the tenant of the land at∣turneth to the grauntée by payment of a penye, or of an halfe penie in the name of attornement of all the rents, this attornmēt shall ••••t him in seisin of all the rent. But these iii. writs ••••ght to be broght against those which are tenants at the day of y^• note leuied, & against none others.

365 Fifteene.

FIfteene, is a payment graunted in Parlya∣ment to the Queene by the temporaltie, namely, the fifteenth part of their goods: And it was vsed in auncient time to bee leuyed vpon their cattell going in their groundes, which thing was verie troublesome▪ and there∣fore nowe for the most parte, that way is altered

and they vs•• to leuye the same by the yarde▪ or I∣c••e ••or other measure of land. By meanes where∣of it is nowe lesse trouble∣some, & more certeine the•• before it was. And euerie Towne and Countrey doe knowe what summe is to bee paied among them, and how the same shalbe ray∣s••d. wée read that Moises was the first that did nu∣ber the people, for •••• ••••••∣bred the Israelites, and therefore the first Taxe, subsidie, tribute, or fiftéene was inuēted by him amōg the Hebrews, as P••l••dore Virgill doth thinke.

Quod ei deforciat,

QVod ei deforciat, is a writ, & it lieth where the tenaunt in the Ta••••••, tenaunt in Dower, or te∣nant for terme of l•••• lée∣••eth b•• defaut in anie acti∣on, then •••• that l••••seth shall haue this writie agaynst him that recouereth, or a∣gainst his heire, if he think that hee hath better right then hee which recouered. Sée the Statute west. 2. cap. 4.

367 Quod permittat.

QVod ••••••••tat is a writ and it lyeth where a man is disseysed of ••is cō∣mon of pas••ure, and the diss••••sor ••lien••th or dieth s••ys••d, and his h••••••e en∣treth, then if the disseisée m•• his heire shal haue this writ.

368 Quo iure.

QVo iure is a writ, and it ••••eth where a man hath had common of pas∣ture in an other seuerall of 〈◊〉〈◊〉 within the time of me∣morie, then hée to whom belongeth the seuerall shall ha••e this writ, and he shal∣bee c••••••ged to shewe by what title hee claimeth the common.

369 Quo minus.

QVo minus is a writ, and it ••••eth where a man hath graunted to another hous••••ote & hey ••o••e in his wood to take ••uerie yéere, & he that made the graunt maketh such w••st a••d di∣struction that the grauntée cānot haue his reasonable estouers, then the grauntée shal ••••ue the foresaid writ, and it is in manner of a writ of wast.

And note that house∣bote is called certaine esto∣uers to mend the house.

And heybote is certaine estouers to mend heis and hedges.

Quo warranto.

QVo warranto is a writ, and it lyeth where a man vsurpeth to haue a∣nie fraunchise vppon the King, then the King shall haue this writte, to make him to come before his Iu∣stices, for to shew by what title he claymeth such fran∣chise.

R.

Rationabilibus diuisis.

RAtionabilibus diuisis is a writ, & it lieth where there are two Lordships in diuers Townes, and one nigh the other, and a∣nie parcel of one Lordship, or of wast hath béene in∣crocht by litle parcels, then the same Lord from whom the parcell of ground or of wast hath bene encroched, shall haue this writte a∣gainst the Lord that hath so encroched.

372 Redisseisin.

REdisseisin, Looke of that before in the title As∣sise.

373 Regrator.

REgrator is hée that hath corne, vittayles, or o∣ther thinges sufficient for his owne necessarie néede, occupation, or spending, and dothe neuerthelesse ingrosso and buy vp into his handes more Corne, vittayles, or other such thinges, to the intent to sell the same againe at a higher and déerer price, in Faires, Markets, or such like places. Whereof sée the statute 5. Edw. 6. cap. 14. for hée shalbe punished as a forstaller.

374 Reioinder.

REioinder, is when the defendant maketh aun∣swere to the replication of the plaintife.

And euerie Reioinder ought to haue these two properties specially, that is to say, it ought to be a sufficient aunswere to the replication, and also to fol∣low and enforce the matter of the barre.

Release.

RElease is the giuing or discharging of the right or action which any hath or claimeth against an o∣ther or his land.

And the release of right is commonly made when one maketh a déede to an o∣ther by these or like words, Remised, released and vt∣terly for me and my heires quite claimed to A. B. all my right that I haue, or by any meanes may haue hereafter in one mesuage &c, but these words (what∣soeuer I may haue hereaf∣ter) bée void: For if the fa∣ther be disseised, and the sonne release by his déede of release without war∣rantie all his right, by those wordes, whatsoeuer I may haue hereafter &•• and the father dyeth, the sonne may lawfully enter in the possession of the dis∣seisour.

Also in a release of right it is néedefull that hee to whome the release shall be made; haue a freehold or a possession in the landes in déede or law, or a reuer∣sion a the time of that re∣lease

made, for if hee haue nothing in the lande at the time of the release made, y^• release shal not be to him a∣uaileable. Sée more hereof in Litt. lib. 3. cap. 8.

376 Reliefe.

REliefe, is sometimes a certaine summe of mo∣ney that the heire shal paye to the Lord of whom those Landes are holden, which after the decease of his an∣cestour are to him dis∣cended as next heire, some∣times it is the payment of another thing, and not mo∣ney: And therefore reliefe is not certayne, and alike for all tenures, but eue∣rie sundrie tenure hath (for the moste parte) his special Reliefe certaine in it selfe, Neither is it to bee paide alwayes at a cer∣tain age, but varieth there∣in also according to the te∣nure. As if the tenaunt had Landes holden by Knightes seruice (excepte graunde Serieantie) and die, his heire being at full age, & h••ld his lande by the seruice of a whole knights fee, the lord of whom these landes are so holden shall

haue of the heire C. s. in the name of the relief, and if he held by lesse then a knights fee, hee shall pay lesse, and if more, then more, hauing re∣specte alwaies to the r••te for euerie knightes fée ••n hundred shillings. And if hee helde by Graund Ser∣ieantie (which is alw••ies of the Quéene, and is also Knights seruice) then the reliefe shall be the value of the land by the yeer••▪ ••••∣sides all charges 〈…〉〈…〉 out of the same.

Also if a man holde •••• the King in chief, and of o∣ther Lords the King shall haue the warde of all the landes, and the heire shall pay reliefe to all the Lords at his ful age, but the lords shal sue to the King by pe∣tition and shal haue the rēt for the time that the inf••••t was in ward.

And note that alwayes when the reliefe is due, it must bee paid at one who•••• payment and not by parts, althogh that the rent be to be paid at seueral feasts.

Remainder.

REmainder, of land is the lande that shall remain

after the particuler estate determined: As if one graunt lande for terme of yeres or for life, y^• remain∣der to I. S. that is to say, that whē y^• lease for yeres is determined, or lessee for life is deade, that then the land shall remaine, shall be, or abide with, to, or in I. S. See Reuersion.

378▪ Remitter.

REmitter, is when a man •••• hath two titles to anie land, & he commeth to the lande by the last title, yet she shall bee iudged in by ••orte of his elder title, and that shall bee saide to him a remitter, as it the tenaunt in the taile discontinue the tayle, and after disseiseth his discontinue and dieth thereof seised, & the landes discendeth to his issue or cosin collateral by force of the taile, in that case hee is in his remitter, that is to say, seised by force of the taile, and the title of the discontinue is vt∣terly ••••nulled and defea∣ted, and the reason and cause of such remitter is, for that that such an heire

is tenant of the land, & ther is no person tenant against whom he may sue his writ of Formedon for to reco∣uer the estate tayle, for hee may not haue an action a∣gainst himselfe. Also if te∣nant in the tail infeoffe his son or heire apparant in the taile which is within age & after dieth, that is a remit∣ter to the heire. But if he were of full age at the 〈…〉〈…〉 of such feoffement; it is •••• remitter, for that that i•• was his foli••••, that hee be∣ing of 〈…〉〈…〉 age, would 〈…〉〈…〉 such a feffement. Also i•• the baron alien landes that hee hath in the right of his 〈…〉〈…〉; and after take an e••∣state againe to him and to his wife for terme of the•• liues, that is a remitter to the 〈…〉〈…〉 for that that this alienation is the ••••te of the baron on 〈…〉〈…〉 of the 〈…〉〈…〉 for no follie 〈…〉〈…〉 ad∣iudged in the woman du∣ring the 〈…〉〈…〉 of her 〈…〉〈…〉, but if such alienation bee by fine in court of Record, such a taking againe after∣ward to the 〈…〉〈…〉 and wife for terme of their 〈…〉〈…〉, shall not make the woman

to bee in her remitter; for that in such a fine the wo∣mā shalbe examined by the Iudge, and such examina∣tions in fines, shal exclude such women for euer. Also when the entre of any man is lawfull, and he taketh an estate to him when he is of full age, if it be not by ••éede indented, or matter of Re∣corde, which shall est oppe him, that shall bee to him a good remitter.

379 Rents.

REnts, be in diuers man∣ners, that is, rent ser∣uice rente charge, and rent secke.

Rent seruice is, where the tenaunt in fee simple holdeth his land of his lord by fealty and certaine rent, or by other seruice and rit, and then if the rente of the tenant be behinde; the lorde may distraine for the rent, but for that hee shall not haue an action of debt.

Also if I giue lande in taile to a man paying to me certain rent, then such rent is, rente seruice. But in such case it behooueth that the reuersion bee in the do∣nour, for if a man make a

feoffement in fee, or a gi••t in taile, the remainder ouer in fée without déede, reser∣uing to him a certain rent, such reseruation is voyde, and that is by the statute Quia emptores terrarum, and then hée shall holde o•• the Lord of whom his do∣nour held.

But if a man by déed in∣dent at such a day make such gifte in taile, the re∣mainder ouer in fee, or lease for terme of life, the re∣mainder ouer, or a feoffe∣ment, and by the same in∣dēture reserue to him rent, and that if the rent bee be∣hinde that well it is law∣full to him to distrain, th•••• such rent is rent charge.

But in such case, if there bee not anie such clause of distresse in the déede, then such rente is called rente secke, and for such rente seck hee shal neuer distrain but if hee were once seised hee shall h••ue assise. And if hee were not seised, he is without remedie.

Also if one grant a rent going out of his lande with clause of distres, that is rent charge, and if the

rent be behinde, the graun∣tée may choose to distraine or sue a writte of Annuitie, but hee cannot haue both, for if hee bring a writte of Annuity, then the lande is discharged. And if hee di∣straine and auowe the ta∣king in the court of recorde then the land is charged, & the person of the grauntor discharged.

Also if one grant a rente charge, & the grauntée pur∣chaseth half of the land, thē all the rent is extinct.

But in rent seruice if the Lorde purchase parcell of the land, then the rent shall be apporcioned.

But if one hath a rente charge and his father pur∣chase parcel of the land and that parcell discende to the sonne which hath the rente charge, then the rente shall bee apporcioned according to the value of the lande as it is said of rent seruice, for that that the son commeth to that not by his owne act, but by discent.

Also if I make a lease for terme of yeeres reser∣uing to mee certaine rent, that is called a rent seruice,

and for that it is at my li∣bertie to distraine for the rent, or to haue an action of debt, but if the lease be de∣termined, and the rent bee behinde, then I cannot di∣strain, but shalbe put to my action of debt.

And note well, that if the Lorde bee seised of the ser∣uice and rent before sayde, and they bee behinde, and he distraine, and the tenant rescueth the distresse hee may haue Assise, or a writ of Rescous, but it is more necessarie for him to haue assise then a writte of re∣scous, for that by assise he shall recouer his rent and his damages, but by a writ of rescous hee shall not re∣couer but the thing and the damages.

And note wel, that if the Lorde bee not seised of the rent and seruice, and they be behind, ••nd he distraine for them, and the tenaunt take again the distresse, he shall not haue assise, but a writ of rescous, & shall not néede to shew his right.

And note well, that if the Lorde may not finde a distresse by two yeere, hee

shal haue against the tenāt a writ of Cessauit per bien∣nium, as it appeareth by the statute of west. 2. cap. 21. And if the tenaunt die in the meane time and his issue enter, the Lorde shall haue against y^• issue a writ of Entre vpon Cessauit, or if the tenant alien the lord shal haue against y^• alienée the foresaide writ. But if the lord haue issue and die, and the tenant bee in arre∣rages of the saide rent and seruice in the time of the father of the issue, and not in the time of the issue, hee may not distraine for the arrerages in y^e time of his father, & he shall haue none other recouery against the tenāt or any other, for that that such aduantage is gi∣uen by the law to the tenāt. And note well that rente seruice is that to the which belongeth fealtie, but to rent charge and rent secke belongeth not sealtie, but it belongeth to rent seruice of common right.

And note that if a man distraine for rent charge, & the distres be taeen against his will from him, and hee

was neuer seised before, he hath no recouery but by writ of Rescous, for the di∣stresse first takē giueth not to him seisin, only if he hap the rent before, for if hee were seised of the rent be∣fore, and after the rent bee behind, and hee distraine, & rescous to him be made, he shall haue Assise, or a writ of Rescous.

And note well that in e∣uery Assise of rent charge & annuall rent, or in a writ of Annuitie, it behoueth to him that bringeth the writ to shew forth an especialtie, or eis he shall not maintain the Assise. But in an As∣sise of Mortdauncestor or Formedon in the discender, or other writs (in y^e which title is giuen or comprised) brought of rente charge, or annuall rente, it nee∣deth not to shewe the espe∣cialtie.

And note well that if a man grant a rent charge to another, and the grauntée release to the grauntor par∣cel of the rēt, yet al the rent is not extinct.

And note well, that if rent charge be graunted to

two iointly, and the one release yet the other shall haue the halfe of the rente. And also if the one pur∣chase the halfe of the land whereof the rente is go∣ing out▪ the other shall haue the halfe of the rente of his companion: and if the disseisor charge the lād to a stranger, and the dis∣seisie bring an assise and re∣couer, the charge is defea∣ted. But it hee that hath right, charge the land, and a straunger faine a false ac∣tion against him, and reco∣uer by defaulte, the charge abideth. And note well, that in case that partition bee betweene two parce∣ners, and more lande be al∣lotted to one then to the o∣ther, & shee that hath more of the lande▪ chargeth her land to the other, and shee happeth the rent, shee shall maintaine Assise without especialtie.

And it is a rent secke, where a man heldeth of me by homage, fealty & other seruice, yelding to me acer∣teine rent by the yeere, & I grant this rent to another, reseruing to me the seruice.

And note well that if rent secke be graunted to a man and to his beires and the rent bee behinde, and the grauntour dye, the heire may not distreine nor shall recouer the arre∣rages of the time of his fa∣ther, as it is before saide of rent seruice.

And in the same manner it is to saye of rent charge or annuall rent: But in all these rents before saide the heire may haue for the arrerages in his owne time such aduantage as his father had in his life. See the Statute 32. H. 8. cap. 37.

And note well, that in rent seche, if a man be not seised of the rent, and it be behinde, hee is without re∣couerie, for that that it was his owne folly at the beginning when the rent was graunted to him or reserued, that he tooke not seisin of the rent, as a penie or two pence.

And note well that a man may not haue a Ces∣sauit per biennium, or an∣other writ of Entre sur Cessauit for no rent secke

behind by two yeeres, but onely for rent seruice, as it appeareth in the Statute W. 2. cap. 21.

And note well that in rent secke it behoueth him that sueth for the rent seck for to shewe a deede to the tenaunt, or els the te∣nant shall not bee charged with the rent, but where the rent secke was rent seruice before, as in this case: Lord, mesne and te∣nant, and euery of them holdeth of other by ho∣mage and fealtie, and the tenant of the mesne by x. s. of rent, the Lorde para∣mont purchaseth y^e landes or tenementes of the te∣nant, all the seigniorie of the mesne but the rent is extinct: And for this cause this rent is become rent secke, and the rent seruice changed, for hee may not distraine for this rent, and in this case hee that demaundeth the rent shall neuer be charged to shewe a deede.

Also in a writ of Mor∣dauncestor, Aile, or Besail, of rent secke, it needeth not to shewe a specialtie,

for that these writtes of possession doe comprehend a title within themselues, that is to say, that the auncestour was seysed of the some rent, and con∣tinued his possession, be∣cause of which seysin the lawe supposeth that it is also auerable by the coun∣trey.

Yet learne, for some suppose that it behooueth of necessitie to shewe foorth a déede, for that that rent seck is a thing against cō∣mon right, aswell as rent charge.

But in Assise of Nouel disseisin, and in a writte of Entre sur disseisin brought of rent seck, it behoueth of necessitie to shewe foorth a déed, for that that rent seck is a thing against a com∣mō right, except in the case before said, where it was rent seruice before.

And Assise of Nouel dis∣seisin, and a writ of Entre sur disseisin, containe with∣in them no title, but sup∣pose a disseysin to be done to the plaintife, and of the intendement of the lawe the disseysin gyueth no

cause of auerment against common right, but of ne∣cessitie it behoueth to shew foorth a déede.

380 Repleuin.

REpleuin is a writ, and it lyeth when any man distrayneth another for rent or other thing, then he shall haue this writ to the Shirife to deliuer to him the distres, and shall finde suretie to pursue his action, and if he pursue it not, or if it bee founde or iudged against him, then he that tooke the distresse shall haue againe the di∣stresse, & that is called the returne of the beastes, & he shall haue in such case a writ that is called Retur∣no habendo.

Also if it be in any fran∣chise or bailiwike, the par∣tie shall haue a Repleuin of the Shirife direct to the Baylife of the same franchise for to deliuer them again, & he shall finde suertie to pursue his actiō at the next countie. And this Repleuin may be re∣moued out of the coūty vn∣to the common place by a

writ of Recordare.

Looke more of Repleuin in the title Distres.

Also a writ of Homine replegiando lyeth where a man is in prison & not by speciall cōmandement of y^• king, nor of his iustice, nor for the death of a man nor for the kings forest nor for such cause that is not re∣pleuisable, then hee sh••ll haue this writ directed to the shirife y^• hee cause him to be repleued: this writ is a Iusticies & not retur∣nable, & if the shirife do it not, then there shall goe foorth another writ, sicut alias, & afterward another writ sicut pluries vel cau∣sam nobis significes, which shalbe returnable, & if y^• shi∣rife yet make no repleuin, then there shall go forth an attachement against y^• shi∣rife directed to the Coro∣ners to attach the shirife & to bring him before y^• Iu∣stice at a certain day▪ & fur∣ther more y^• they make ex∣ecution of the first writ.

Replication.

REplication, is when the defendant in any action

maketh an aunswere, and the plaintife maketh an aunswere to that, that is called the Replication of the plaintife.

382 Reprises.

REprises, ar•• deductions, payments, and duties that goe yeerely and are paide out o•• a manor. As rent charge, rent secke, pē∣tions, corodies, annuities, fées of stewards, baylife, & such like.

383 Receite.

REceite, is when any ac∣tion is brought against the tenant for terme of life, or tenāt for terme of yeres, and hée in the reuersion commeth in and praieth to be receiued for to defende the lande and for to plead with the demaundant. Al∣so when he commeth it be∣hooueth that he be alway ready to plead with the de∣maundant.

384 Rescous.

REscous, is a writ and it lyeth when anit man taketh a distresse and an∣other taketh it againe from him and will not suffer him to bring the distresse with him, then hee doth to

him rescous and vpō that he may haue this writ and shall recouer dāmages. Al∣so if one distraine beastes for dammage fesant in his ground, & driueth them in the hie way for to unpoūd them, and in going they en∣ter into the house of him whose they be, & he with∣holdeth them there & will not suffer the other to im∣pound thē then that with∣holding is a rescous.

Reseruation.

REseruation, is taken di∣uers waies, and hath diuerse natures, as some∣times by waie of excepti∣on to kéepe that which a man had before in him, as if a lease bée made for yeares of grounde reser∣uing the great trées grow∣ing vppon the same, now the lessée may not meddle with them, nor with a∣ny thing that commeth by reason of them so long, as it abydeth in, or vpon the trées, as mast of Oke, Chestnu••, Appels, or such like, but if they fall from the trées to the ground then they are in righte the lessées, for the ground

is let to him, and all there vpon not reserued &c.

Sometimes a reserua∣tion doth get and bringe foorth an other thinge which was not before. As if a man lease his landes reseruing yéerely for the same xx. li. &c. And diuers other suche reseruations there be.

And note that in aun∣cient time, their reserua∣tions were as well (or for the more parte) in vi∣tualles, whether flesh, fish, Corne, Bread, Drinke, or what else, as in money▪ vn∣till at the last, & that chief∣ly in the Raigne of King Henrie the first by agrée∣ment, the reseruation of victuals was changed in∣to ready money▪ as it hath hitherto since continued.

386 Retraxit.

REtraxit, is the preter∣perfectence of Retraho, compounded of Re and traho, which make Retra∣ho, to pull backe. And is when the partie plaintife or demaundant commeth in proper person into the Court where his plée is,

and saith that he will not procéede any farder in the same &c. nowe this shall be a barre to the action for euer.

Reeue.

REeue is an Officer, but more knowen in aun∣cient time then at this day. For almost euerie manor had then a Réeue, and yet still in many Copiholde manors (where the old cu∣stome any thing preuay∣leth) the name and office is not altogether forgottē▪ And is in effect that which nowe euery Baylife of a manor practiseth▪ although the name of Baylife was not then in vre among vs beyng since brought in by the Normans: But the name of Réeue, auncient∣ly called Gereue (which particle (Ge) in continu∣ance of time was altoge∣ther left out and lost) came from the Saxon worde Geresa. which signifieth a ruler: And so in déede his rule and aucthoritie was large within the compasse of his Lords mannor and among his menne and te∣nantes as well in matters

of gouernement in peace and warre, as in the skil∣full vse and trade of hus∣bandrie: For as hée did gather his Lordes rentes, paie Reprises, or duties issuyng out of the man∣nour, set the seruauntes to worke, fell and cutte downe Trées to repayre the buyldinges, and en∣closures, with diuerse such lyke for his Lordes com∣moditie: So also hée had aucthoritie, to gouerne and kéepe the tenauntes in peace, and if néede re∣quired, to lead them foorth in warre.

388 Reuersion.

REuersion of lande, is a certaine estate remay∣ning in the lessor or do∣nor, after the particuler estate and possession con∣ueyed to an other by lease for lyfe or yéeres, or gift in tayle.

And it is called a Re∣uersion in respecte of the possession seperated from it: so that hée that hath the one hath not the other at the same time, for be∣ing in one bodie together, there cannot bee said a re∣uersion,

because by the vni∣ting, y^• one of thē is drow∣ned in the other: And so the reuersion of land, is the lād it selfe when it falleth.

Riot.

RIot is where thrée (at the least) or more doe some vnlawfull acte: as to beate a man, Enter vpon the possession of an other, or such like.

Robberie.

RObberie, is when a mā taketh anie thing from the person of an other fe∣loniouslie, although the thing so taken bée not to the value but of a penye, yet it is felonie, for which the offendour shall suffer death.

Rout.

ROut, is when people doe assemble themselues to∣gether & after do procéed or ride, or go forth, or do moue by the instigation of one or more, who is their leader: This is called Rout, be∣cause they doe moue, and procéed in Routes & num∣bers.

Also where many as∣semble themselues toge∣ther vpon their owne qua∣rels

& brauls, as if the in∣habitants of a towne will gather thēselues together, to breake hedges, pales or such like to haue common there, or to beate another that hath done to them a commō displeasure or such like, that is a Rout and a∣gainst the lawe although they haue not done or put in execution their mischie∣uous entent. Sée the sta∣tute 1. Mar. ca. 12.

S.

392 Sake.

SAke, this is a plée and correction of trespasse of men in your court, because (Sak) in English is A∣cheson in french, and sak is put for Sik, as to say for sik, sak, also for what hurt, and Sak is put for forfait.

393 Scire facias.

SCire facias, is a writ iu∣dicial going out of the re∣cord, and it lieth where one hath recouered debt or da∣mages in y^• kings court, & he sueth not to haue execu∣tion within the yéere & the day, thē after the yéere and day he shal haue y^• said writ

to warne the party, & if the partie come not, or if hee come & nothing say to dis∣charge or stay the executiō, then he shall haue a writ of Fieri facias directed to the shirife him commaunding that he leuie the debt or da∣mages of the goods of him that hath lost.

Also the writ of Fieri fa∣cias lieth within the yéere without any scire fac' sued.

Also if the summe of the same debte or damages may not bée leuied of the goods of him that hath loste them, he may haue a writte of Elegit directed to the Shirife, that he cause him to deliuer the one halfe of his lands and goods ex∣cept his oxen and imple∣ments of his cart.

Also when one hath recouered debte or dama∣ges in an action parsonall (where y^• proces is a Ca∣pias) he may haue an other writ of Execution called a Capias ad satisfaciendum for to take the body of him that is so condempned, which shalbe committed to pryson there to abide without baile or mainprise

til that he hath satisfied the partie.

Also when one hath iudgement to recouer anie landes or tenementes, he shall haue a writte called Habere facias seisinam di∣rect to the shirife, him com∣manding to deliuer to him seisin of the same lande so recouered, Sée more of y^t in the title Fieri facias, and in the title Execution.

394 Scot.

SCot, that is to bée quite of a certaine custome, as of common tallage made to the vse of the Shirife or Bailife.

395 Knights seruice.

TO hold by knights ser∣uice, is to holde by ho∣mage, fealtie, and escuage, and it draweth to it ward, mariage, and reliefe, And note that Knightes ser∣uice, is seruice of landes or tenementes to beare armes in warre in the de∣fence of the Realme, and it oweth warde and ma∣riage by reason that none is able nor of power, nor may haue knowledge to beare armes, before that he be of the age of 21. yéeres.

And to the ende that the Lorde shall not léese that that of right hée ought to haue, and that the power of the realme, be nothing weakened, The lawe will because of his tender age, that the lord shall haue him and his lands in his ward till the full age of him, that is to say xxi. yeeres.

Looke of that more in the title Graund seriantie, and the title of Escuage.

Shewing.

SHewing, that is to bée quite with attachment in any court, and before whom soeuer in plaintes shewed and not auowed.

Sok.

SOk, this is suite of men in your Court, accor∣ding to the custome of the Realme.

Sokmans.

SOkmans, are the tenants in auncient demesne, that holde their landes by Socage, that is by ser∣uice with the plough, and therefore they are called Sokmans, which is as much to say as tenants or men that holde by seruice of the plough, or plow∣men:

For Sok signifieth a plough.

And these Sokmans or tenants in auncient de∣mesne, haue many and di∣uers liberties gyuen and graunted to them by the lawe, aswell these tenants that holde of a common person in auncient de∣mesne, as those that holde of the Quéene in aunci∣ent demesne, as namely to be frée from paying tolle in euerie Market, Faire, Towne, & Citie through∣out the whole Realme, as∣well for their goods and cattels that they sell to o∣thers, as for those thinges that they buy for their pro∣uision, of other. And there∣upon euery of them may sue to haue letters patents vnder the Quéenes seale directed to her Officers, and to the Maiors, Bay∣lifes, and other Officers in the Realme to suffer thē to be tolle frée.

Also to be quite of pon∣tage, murage, and passage, as also of taxes and Tal∣lages graunted by Par∣liament, except that the Quéene taxe auncient de∣mesne,

as shée may at her pleasure for some great cause.

Also to be frée from pai∣mentes towardes the ex∣pences of the Knights of the Shire that come to the Parliament.

And if the Shirife will distraine them, or any of them to bee contributorie for their landes in aunci∣ent demesne, then one of them or all as the case re∣quireth, may sue a writte directed to the shirife com∣maunding him that hée do not compell them to be con∣tributories to the expen∣ces of the Knightes. And the same writte doth com∣maund him also, that if hee haue alreadie distrayned them therefore, that he re∣deliuer the same distresse.

Also that they ought not to bee impannelled, nor put in Iuries and en∣quests in the countrey out of their Mannour or lord∣ship of auncient demesne, for the landes that they holde there (except that they haue other landes at the common law, for which they ought to bee charged)

And if the Shirife doe re∣turne them in panels, then they may haue a writte di∣rected to him de non ponē∣dis in assisis & iuratis: And if he doe the contrarie, then lyeth an attachment vpon that against him.

And so it is also if the Bailifes of Franchises that haue returne of writs will returne anie of the te∣naunts which holde in an∣cient demesne in Assises or iuries.

And also to be exempt frō Leetes and the Shirifes turne, with diuers other such like liberties.

399 Socage.

TO holde in Socage is to hold of anie Lord lands or tenementes, yeelding to him a certain rēt by y^e yere for all manner of seruices.

And note well, that to holde by Socage is not to holde by knightes seruice, nor to it belongeth warde, mariage, nor reliefe, but they shal double once their rent after the death of their auncestor, according to that that they bee wont to pay to their Lord.

And they shal not be ouer measure grieued, as it ap∣peareth in the Treatile of wardes and reliefe.

And note well that So∣cage may be said in 3. man∣ners, that is to saye: So∣cage in frée tenure, Socage in ancient tenure, and So∣cage in base tenure.

rent for all manner of ser∣uices, as is before saide, and of that the next kinnes bodie shall haue the warde to whom the heritage may not discende, till the age of xiiii. yéeres, that is to say: if the heritage come by the parte of the Father, they of the parte of the Mother shall haue the warde, And contrariwise.

And note well that if the gardian in socage do make wast, he shal not be impea∣ched of wast, but hee shall yeelde accompt to the heire when hee shall come to his ful age of xxi. yeres. And looke the statute of Marleb. cap. 17. for this matter.

Socage of auncient te∣nure is that where the people in auncient demes∣ne helde, which vse no o∣ther writte to haue then the

writte of Right close, which shall bee determined according to the custome of the manor, and the Mon∣strauerunt for to discharge them when their Lord di∣straineth them for to doe o∣ther Seruices that they ought not to doe.

And this writ of Mon∣strauerunt ought to bee brought against the Lord▪ and these tenants holde al by one certaine seruice, and these be free tenants of an∣cient demesne.

Socage in ••as•• tenure is wher a man holdeth in an∣cient demesne, that maye not haue the Monstraue∣runt, and for that it is cal∣led the base Tenure.

400 Summons ad war∣rantizandum &c.

SVmmons ad warrantizā∣dum & sequatur sub suo periculo, See of them a••ter in the title voucher.

401 Spoliation.

SPoliation, is a suite for the fruites of a Church, or for the church it self, and it is to bee sued in the spiri∣tuall

Court, and not in the temporall Courtes. And this suite lyeth for one incumbent agaynst ano∣ther incumbent, where they both claime by one pa∣tron, and where the right of the patronage doth not come in question or debate. As if a Parson bee crea∣ted a Bishop, and hath dis∣pensation to kéepe his be∣nefice still, and afterward the Patron presents an∣other incumbent which is instituted, and induc∣ted: Nowe the Bishoppe maie haue against that Incumbent a Spoliation in the Spirituall Courte, because they claime both by one Patron, and the right of the patronage doth not come in debate, and be∣cause that the other incum∣bent came to the possession of the benefice by the course of the Spirituall Lawe, that is to saie, by instituti∣on and induction, so that he hath colour to haue it and bee Parson by the spiri∣tuall Lawe. For other∣wise if he be not instituted and inducted &c. Spolia∣tion lyeth not against him,

but rather a writ of Tres∣passe, or an assise of Nouel disseisin &c.

So it is also where a person which hath a plu∣ralitie doeth accept an o∣ther benefice, by reason whereof the Patron pre∣sents another clerke, who is instituted and inducted, now the one of them may haue Spoliation against the other, and then shall come in debate if hee haue a sufficient pluralitie or not. And so it is of depri∣uation &c.

The same law, is where one sayeth to the Patron, that his Clerke is dead, where vpon hee presents another: There the first incumbent which was supposed to bee dead may haue a Spoliation against the other, and so it is in di∣uers other like cases, whereof See Fitzherbert Nat. breuium.

402 Stallage.

STallage, that is to bee quite of a certaine cu∣stome exacted for the streat taken or assigned in faires and markets.

Suit couenant.

SVit couenant, is when your auncestors haue couenanted with my aun∣cestors to sue to the court of my auncestors.

Suit custome.

SVit custome, is when I and my auncestors haue béene seised of your owne suit & your ancestors time out of mynde &c.

Suit reall.

SVit reall, is when men come to the shirifes turne or leete, to which court all men shal bee com∣pelled to come to knowe the lawes, so that they shal not be ignorant of things that shalbee declared there how they shalbe gouerned. And it is called reall siute because of their allegeāce▪ and this appeareth by cō∣mon experience when one is sworne, his othe is, that he shalbe a loyall and faithful man to y^e Quéene. And this suite is not for the land which he holdeth within the Countie, but by reason of his person,

and his abode there, and ought to bee done twise a yere, for default whereof, he shall be amerced and not distrained.

406 Suit seruice.

SVit seruice, is to sue to the Shirifes turne or Leete, or to the Lordes Court from three weekes to three weekes by the whole yeere, and for de∣fault thereof, a man shalbee distrained and not amer∣ced. And this suit seruice is by reason of the tenure of a mans lands.

407 Statute marchant.

TO holde by Statut mar∣chant, is where a man knowledgeth to paye cer∣tain money to another at a certaine day before the Maior, Baylife or other warden of any town that hath power to make exe∣cution of the same statut, & if the obligor paye not the debt at the day, & nothing of his goods, landes or te∣nemēts may be found w^tin the ward of the Maior or warden beforesaid, but in other places without, then

the recognisee shall sue the recognisance and obliga∣tion with a certification to the Chauncerie vnder the kings seale, and hee shall haue out of the Chaunce∣ry a Capias to the Shi∣rife of the countie where hee is to take him, and to put him in prison, if hee bee not a clerke, till hee haue made gréement of the debt. And one quarter of the yeere after that, that he shalbee taken, hee shall haue his land deliuered to himself to make gree to the partie of the debt, and hee may sell it while hee is in prison, and his sale shall be good and lawfull. And if hee do not gree within a quarter of a yeere, or if it be returned that hee be not found, then the reconisée may haue a writ of the Chauncery which is cal∣led Extendi facias, direct to all shirifes where hee hath lands, to extend his lands and goods, and to deliuer the goods to him, & to seise him in his lands, to holde them to him and to his heires & his assignes, till that the debtes bee leuyed

or payed, and for that time he is tenaunt by statute marchant. And note well, that in a statute marchant the recognisee shall haue execution of all the landes which the recognisour had the daye of the recog∣nisance made, and anye tune after by force of the same statute.

And note wel, that when any wast and destruction is made by the recognisee, his executors, or by him that hath estate, the recog∣nisor or his executors shal haue the same lawe as is beforesaid of the tenant by Elegit.

And note well, if the te∣nant by statute Marchāt holde ouer his terme, hee that hath right may sue a∣gainst him a Venirefacias ad computandum, or els enter by and by as vpon tenant by Elegit. See the statut 11. E. 1. and of Acton burnel, & 13. E. 1. de Mer∣catoribus.

T.

408 Fee Taile.

TO holde in the taile is where a man holdeth

certain lands or tenemēts to him and to his heires of his bodie begotten. And note well, that if the lande be giuen to a man and to his heires males, & he hath issue male, he hath fee sim∣ple, and that was aiudged in the Parliament of our Lord y^• king. But where lands be giuen to a man & to his heires males of his body begotten, then hee hath fee taile, and the issue female shall not be inheri∣table, as it appeareth the 14. yere of Ed. 3. in Assise 18. E. 3. 45.

Fee taile, is where land is giuen to a man and his heires of his body begot∣ten, and he is called Te∣nant in the taile generall, but if lands be giuen to the husband & the wife & the heires of their two bodies begotten, then the husband and the wife be Tenants in the taile especiall, and if one of them die, he that sur∣uiueth is tenant in tail af∣ter possibility of issu extinct and if he make wast he shal not bee impeached for that wast. See Littleton.

But if the king giue lād

to a man and to his heires males, and the donee dieth without issue mal••, then the cosin collaterall of the donee shal not enherite, but the king shall reenter and so it was adiudged in the Eschequer Chamber 18. H. 8. in an Information made against the heire of Sir T. Lou••l knight.

409 Taile after pos∣sibilitie.

TO holde in the tayle af∣ter possibilitie of issue extinct, is where lande is giuen to a man and to his wife, & to the heirs of their two bodies engendred, and one of them oueri••••eth the other without issue be∣twéene them begotten, he shall hold the land for term of his own life, as tenaunt in the taile after poss••bility of issue extinct. And not∣withstanding that hee d••e wast, he shall neuer be im∣peached of that wast. And note y^• if he alien, he in the reuersion shall not haue a writ of entrie in consimili casu. But he may enter, & his entre is law••ull, per R. Thorp chiefe Iustice 28.

E. 3. 96. & 4••. E. 3. 25▪

Taxe and tallage.

TAxe and tallage, are pai∣ments, as tenthes, fif∣tenths, subsidies, or such like granted to the Quéen by Parliament.

The tenaunts in aunci∣ent demesne are quite of these taxes and tallages graunted by Parliament except that the Quéen•• doe taxe auncient ••••••••sne, as shée may 〈◊〉〈◊〉 shée thinks good for some great cause. Sée auncient de•• mesne.

Tenure in capite.

TEnure in capite, is 〈◊〉〈◊〉 any hold of the Quéen•• as of her person ••••••yng Quéene, & of her cro•••••• as of a Lordship by it self•• in grosse, and in chief above all other Lordships, And not where they h••lde of her as of anie Mau••••••, Honour, or Cast••ll, except certeyn•• auncient honor•• which appeare in the Es∣ch••quer.

Terme dan••.

TO holde for terme of yere•• is not but chattell

in effect, for no action is maintenable against y^• ter∣mour, for the recouering of the free holde, for no free∣hold is in him. A leas for terme of yeres is a chattell reall, & the other chattell is personal, & all goods which are remouable are chattels parsonals.

413 Testament.

TEstament, is thus desi∣ned in master Plow∣dens C••••mentarus, a te∣stament is the witnesse of the mind, & is compound of these two wordes, Te∣statio & mentis, which so signifieth, trueth is, that a Testament is a witnes of the mind, but that it is a compound worde, Aulus Gellius •••• his vi. booke, cap. 12. doth deny the same to an excellent lawyer one Seruius Sulpitius, & sayeth that it is a simple word, as are these Calciamentū, Pa∣ludamentum, Pauiamentū, and di••••rs such like.

And much lesse is agre∣amentum, a cōpound word of aggregatio and mentiū, as is saide before in the title •••• Agreement, for

there is no such latin word simple or compound, but it may neuerthelesse serue wel for a law latin worde.

And therefore thus it may be better defined. A Testament is the true de∣claration of our last will, of that we would to bee done after our death &c.

And of Testamentes there be two sorts, name∣ly a Testament in wri∣ting, and a Testament by wordes, which is called a Nuncupatiue Testa∣ment.

The first is alwaies ••n writing as is s••••••.

The other is, when a man being sicke, and for feare least death or want of memorie, or of speech, shoulde come so suddenly and hastely vpon him, that he should bee preuen∣ted if hee st••yed the wri∣ting of his Testament, desireth his neighbours and friends to ••e••re wit∣nesse of his last win▪ and then declareth the same presently by wordes be∣fore them, which after his dece•••••• is proued by wit∣nesses, and put in writing

by the Ordinary, and then standeth in▪ as good force (except for lands) as if it had at y^• first in the life of the Testator béen put in writing.

414 Them.

THem, that is, that you shall haue all the gene∣rations of your villames with their suites and cat∣tell wheresoeuer they shal be ••ound in England, ex∣cept that if any bondman shal remain quite one yere and a day in any priuiled∣ged towne, so that he shall be receiued into their com∣munaltie or guilde, as one of them, by that meanes he is deliuered from ville∣uage.

415 Theftbote.

THeftbote, is when a mā taketh any goods of a theefe to fauour and main∣taine him: And not when a man taketh his owne goods that were stolien from him ••c.

The punishment in aun∣cient time of theeftbote, was of life and member. But n••we at this day

Mast. Stamford seith, it is punished by raunsome and by imprisonment. But en∣quire further, for I thinke if be felonie.

Title.

TItle, is where a lawfull cause is come vppon a man to haue a thing which an other hath, and he hath no action for the same, as title of Mortmaine, or to enter for breach of condi∣tion.

Title de Entre.

TItle de Entre, is when one seised of land in ••ee maketh feffement thereof vpon condition, and the condition is broken: Now after the condition thus broken, the feoffor hath title to enter into the land, and may so doe at his plea∣sure, and by his entrie the frée hold shalbe said to ••e in him presentlie.

And it is c••lsed Ti∣tle of entre▪ because that hée cannot haue writte of Right against his feoffée vppon condition, for his right was out of him by the feoffemēt, which cānot be reduced without entrie,

& the entrie must be for the breach of the condition.

418 Tolle, or Tolne.

TOlle, or Tolne, is most properlie a payment v∣sed in Cities, Townes, Markets and Faires, for goods and cattell brought thither to be bought and solde. And is alwayes to ••e payed by the buyer and not by the seller, except there be some custome o∣therwise.

There are diuers others Tolles, as Turne tolle, and that is where Tolle is paid for beastes that are driuen to be sold, although that they be not solde in déed.

Also Tolle tr••••ers, that ••s where one claymeth to haue a halfepenie, or such lyke tolle of euirie beast that is dryuen ouer his ground.

Through Tolle, is where a towne prescribes to haue Tolle for euerie ••rast that goeth through their towne a certaine, or for euery ••••oore or 100. a certaine: which f••emeth not to be so vnreasonable a prescription or custome, as

some haue thought, al∣though it bee through the Quéenes high way (as they call it) where euerie man may lawfully goe, if that there be one thing for an other: As it there bee a bridge or such like com∣moditie prouided at the costes and charges of the Towne, for the case of trauaylers that driue that way, whereby their iour∣ney is eyther shortned or bettered, why thē may not tolle be lawfully and with good reason demaunded of them &c?

But diuers Citizens & Townes men are frée frō paying tolle by graunt of the Quéene or her aunce∣stors, or doe clayme the same by prescription or cu∣stome. So also spirituall persons and religious men (as they call them) were quit of paying tolle for their goodes and marchan∣dises bought and sold, but now the Statute of king H. 8. An. 21. cap. 13. will that they shall not mar∣chandise.

Also tenants in aunci∣ent demesne ought to bée

quit throughout the whole Realme of paying tolle, as appeareth before in y^e title Sokemās. And in al these cases where toll is demaū∣ded where it ought not to be paid of them that should goe, bay and sell tolle frée, there the partie or parties grieued may haue a writ, De essendi quietum de to∣lonio, directed to him, or thē that so demaūded tolle contrarie to the Quéene or her progenitors graunt, or contrarie to custome or prescription.

419 Treason.

TReason, is in two ma∣ners, that is to say, graund treason and petit treason, as it is ordeined by the statutes and there∣fore looke the statutes, and Stamf. lib 1. cap. 2.

420 Treasure troue.

TReasure troue, is when any money, golde, sil∣uer, plate or bolyon, is found in any place, and no man knoweth to whome the propertie is, then the property thereof belongeth to the King, and that is called treasure trone, that is to say, treasure found.

But if anie mine of met∣tall be found in any groūd▪ that alway pertayneth to the Lord of the soyle, ex∣cept it be a mine of golde or siluer which shalbe alway to the king in whose groūd soeuer they be found.

Shirifes tourne.

SHerifes tourne, is a court of recorde in all thinges that pertain to the tourne. And it is the Queenes léete thorough all the Countie, and the Sherife is iudge. And whosoeuer hath a léete hath the same authoritie within the pre∣cinct, as the Sherife hath within the tourne.

V.

View.

VIew, is when ante acti∣on reall is brought and the tenaunt knoweth not well what lande it is that the demaundant asketh then the tenant shall pray the view▪ that is to say, y^• hée may fée the land which he claymeth. But if the tenant hath had the view in one writ, and after the

writte is abated in misna∣ming of the towne, or by ioyntenure, & after the de∣mandant bringeth another writte against the tenant, then y^• tenant shal not haue the view in the secōd writ.

423 Vilaica remouenda.

VIlaica remouenda, is a writ, and it lieth where debate is betweene two Parsons or prouisors for a Church, and one of them entreth into the Church with great power of laye ••n••••, and holdeth the other out with force and armes, then hee that is holden out shall haue this writ direc∣ted to the Shirife that hee remooue the power which is within the Church, and the Shirife shall bee com∣manded that if he find anie men there withstanding, that the Shirife shall take with him the power of his Countie if neede bee, and stall arrest the bodies of all them him resisting, and shal out them in prison, so that he haue their bodies before the King at a certaine daie to answere to the cōtempt.

And this writte is retur∣nable, and it shall not bee granted before that the bi∣shop of y^• place wher such a church is, hath certified in the Chauncerie such resi∣sting and force.

Villenage.

TO holde in pure ville∣nage, is to doe all that, that the lord will him com∣mand.

The diffinition of ville∣nage is villein of blood▪ and of tenure. And it is he of whome the Lorde taketh redemption to marrie his daughter, and to make him frée, and it is he whom the Lord maye put out of his lands or tenements at his wil, and also of al his goods and cattell.

And note well, that a sokeman is no pure villein, nor a vilei••e oweth not ward, mariage, nor reliefe, nor to do any other serui∣ces real.

And note well, that the tenure in villenage shall make no freeman villeine, if it bee not continued e∣uer sith time out of minde▪

nor villaine land shal make no frée man villeine, nor frée lande shall make no villeine frée, except that the tenaunt haue continu∣ed frée sith the time of no minde.

But a villein shall make frée lande villeine by seisin or claime of the Lord. And note well, that if a villeine purchase certain land, and take a wife and alien, and dieth before the claime or seisin of the Lord, the wife shall be endowed.

And note well, that in case that the Lorde bring a Praecipe {quam} reddat against the alience of his villeine which voucheth to war∣rant the issue of the villeine which is villein to the lord hee shall haue the voucher, and by protestation the Lorde may notwithstan∣ding that hee plea••e with his villeine, saue that his villein shall not bee infran∣chised. And note wel that a Bastarde shall neuer bée iudged villeine, but by knowledge in courte of re∣corde. And note well that if debt •••• due by a Lord to a frée man, and hée maketh

two men his executours the which be villeins to the saide Lorde and dyeth, the villeins shal haue an action of debt against their Lord▪ And notwithstāding that he plede with them, and if hee make protestation they shal not be thereby enfran∣chised, for that that they be to recouer the dette afore∣saide to the vse of another person, that is to saye to the vse of their teitatour, and not to their owne vse.

And if the tenaunt in dower haue a villein which purchaseth certaine lande in fée, and after the tenant in dower entreth, she shall haue the land to her and to her heirs for euermore, and the same lawe is of tenant for terme of yeeres of a vil∣leine.

And note will that the Lord may rob••e, beate and chastice ••••s villeine at his will, saue o••••y that he may not ma••ne him, for then he shall haue appeal •••• maime against him.

And note well▪ that •• villeine may haue three ac∣tions against his lord, th••••

is to saie, an appeale of the death of his ancestour, an appeale of rape done to his wife, and an appeale of maime. And note well if ii. parceners bring a writ of niefe, and one of them bee nonsuit, the nonsuit of him shall be iudged the nonsuit of them both, so that if that nonsuite bee after appea∣rance, they shall bee saued from that action for euer, for the lawe is such in fa∣uour of libertie.

And note well, if two haue a villeine in common, & one of them make to him •• manumission, he shall not be made frée against both,

And note well, that in a writ de Natiuo habendo, it behooueth that the Lorde shew how the def. commeth to be priuie of the blood of the villeine of whom he is lord &c. And if he nor none of his ancestors were not seised of none of his blood, he shal not win by his ac∣tion, if the villein haue not knowledged in Courte of Recorde himselfe to be his villein.

And note well that in a writ of Niefe may not be

put more Niefs then two and this was first brought in the hatred of bondage. But in a writ de libertate probanda may bee put as manie niefes as the plain∣tife will.

And note well that if the villeine of a Lorde be in auncient demesne of the king, or other towne priui∣ledged, within a yeere and a day, the Lorde may seise him, and if hee dwell in the same towne or other place franchised by a yéere and a daie without seisin of the Lord, he hath no power to seise him after, if hee go•• not out of the foresaid fran∣chise.

And some bee villeines by title of Prescription, that is to say, y^t they haue béen villeines regardants to the manor of the lorde of time of no memorie.

And some be villeins by their confession in a courts of recorde. Also the lorde maie make a manumission to his villeine, and make him free for euer.

Also if the villeine bring anie action agaynst his

lord, if it be not App••ale of mahim, and the Lord make aunswere vnto it, then by this the villeine is made frée.

Also if a villeine pur∣chase land, and hath goods and sel the lands and goods before any entre or seisin made by the Lorde. the sale is good. But the King which is Lord of a villein in such case may enter and seise the lande alter such sale made, for no time run∣neth against the king.

425 Viscount.

VIscount, is either the name of one degrée or state of honour vnder an Earle or aboue a Baron, or else the name of a Ma∣gistrate and Officer of great aucthoritie whome wee commonly call (Shi∣rife) or to speake more truelis (Shire reue) and was at the first called (Shiregereue) that is to saye the kéeper of the shire, vr the reue or ruler of the Shire, for (Gereue) being deriued of the Saxon worde (Gerecean) to rule,

was first called (Gerec∣fa) and then (Gerefa) which betokeneth a ruler. And heereof commeth (Portreue or Portgreue) a name that in olde time was giuen to the head of∣ficer of a Towne, and sig∣nifieth the Ruler of the Towne for that (Porte) comming of the Latine worde Por••••s, signifieth a Port town, and (Gereue) being deriued as is afore∣saide signifieth a ruler, so that Portgereue, or as we now shorter speak it (Por∣treue) is the ruler of the towne.

And thus was the head Officer or Gouernour of the Citie of London long since (before they had the name of Maior or bailifs) called, as it doth appeare in diuers olde Monu∣ments. But chieflie in the Saxon Charter of wil∣liam Bastard the Corque∣rour, which thus begin∣neth.

William the King gr••e∣teth William the Bishop & Godfrey the Portreue, and also the▪ Citizens tha•• in London be, &c.

So also they of Ger∣manie (from whome wee and our language toge∣ther first came) call a∣monge them one gouer∣nour Burgreeue, another Margreeue, and another Landsg••ee••e, with such like &c.

Thus much is said one∣ly to shewe the right Eti∣mon and antiquitie of the woorde (Shirif) to which Officer our common Law ••ath alwaies accordingly giuen great trust and au∣thoritie, as to be a speciall preseruer of the peace. And therefore all obligations that he takes to the same end, are as Recognisances in lawe.

Hee also is a Iudge of recorde when hee holdes the Léetes or Turnes, which are Courtes of re∣corde.

Also he hath the executi∣on and returne of writtes, and impanelling of Iuries and such like &c.

426 Volunt.

VOlunt is, when the te∣nant ••oldeth at the will

of the lessour, or of the Lorde, and that is in two manners.

One is when I make a lease to a man of landes, to holde at my will, then I may put him out at my pleasure: But if he sowe the ground, and I put him out, then hee shall haue his corne, and going out and comming in till they bee ripe to cutte and carrie of the ground.

And such tenant at will is not so bounde to sustaine and repaire the house as a tenant for terme of ye••••es is bound: But if he make wilful wast▪ the lessor shal haue against him an action of Trespas.

Also there is another tenant at will of the Lord by copie of Court Roll ac∣cording to the custome of the Mannor: And such a tenaunt may surrender the lands into the hands of the Lord by custome to the vse of another for terme of life, or in fée simple, or in ••a••••e, and then he shall take the lande of the Lorde or his stewarde by copie, and shal make fine to the Lord,

But if the Lorde put out such a tenant, bee hath no remedy but to sue by petiti∣on, and if such a tenant will impled another at the lāds &c. hee ought to enter a plaint in the Court, & shall declare in the nature of what writte hee will, as the case lyeth.

427 Voucher.

VOucher, is when a Prae∣cipe quod reddat of land is brought aga••nst a man, and another ought to war∣rent the land to the tenant, then the tenant shall vouch him to warrantie, and thereupon hee shall haue a writte called Summoneas ad warrantizandum: And if the Shirif retourne that hee hath nothing by the which hée maie bee sum∣moned, then there shall goe foorth a writte called Se∣quatur sub suo periculo, and when hee▪ commeth he shal plead with the demaun∣dant, and if hee come not, or if hee come and cannot barre the demandant, then the demandāt shal recouer the land against the tenāt,

and the tenant shall reco∣uer as much land in value against the vouchee, and thereupon hee shall haue & writ called Capias ad va∣valentiā against y^• vouchée.

Looke more of Voucher before in y^• title Garrātie.

Vses.

VSes of land had begin∣ning after that the cu∣stome of property began a∣mong men: As where one being seised of lands in fee simple, made a feoffement to another without any consideration, but onely meaning that the other should be seised to his vse, and that he himself would take the commodity & pro∣sits of the landes, and that the feoffee shoulde haue the possession and franktene∣ment thereof to the same vse &c.

Nowe after this vpon good considerations, and to auoid diuers mischiefes and inconueniences, was the Statute of Anno 27. H. 8. cap. 10. prouyded, which vniteth the vse and possession together, so that who hath the vse

of the land, the s••me hath the possession thereof, ac∣cording to the vse he hath therein by vertue of that estatute.

429 Vsurie.

VSurie, is a gaine of any thing aboue the princi∣pall, or that which was lent, exacted onely in con∣sideration of y^e loane, whe∣ther it be of corne, meate, apparell, wares, or such like as of money.

And here much might bee saide, and many cases might be put concerning Vsurie, which of purpose I omit, onely I wish, that they who accompt themselues religious and good Christians woulde not deceiue them selues by colour of the statute of Vsurie, because it sayrth that it shall not bee lawfull for any to take aboue x. pound in the C. li. for a yerare &c. whereby they gather (although falsely) that they may therefore take x. pound for the loane of an C▪ pound with a good conscience •••• because the Statute doeth after a sort

dispence withall (for that it doeth no•• punish such taking) which thing it cannot do with y^• lawes and ordinances of God, for God will haue his decrees to bee kept ••uio∣lable, who sayeth, lende ••o king for nothing there∣by &c. By which wordes is excluded, either the ta∣king o•• x. li. •• ••••. yea, or one peny aboue the principall. But rather let such 〈◊〉〈◊〉, that that statute was made vpon like cause, that mooued Moyses to giue a ••ill of diuorce to the Is∣ra••lites, as name••y to a∣uoyde a greater m••••••hiefe, and for the hardne••se of their hearts.

Vtlarie.

VTlarie, is when an exi∣gent go••th foorth a∣gainst any man, & procla∣mation made in v ••. coun∣ties, then a•• the v. countie if the defendant ••ppea••e not, then the coroner shall giue iudgement tha•• hee shalbe out of the pro••ection of the king, and out of the ••yde of the law.

And by such a•• vilary in

actions persone••s the par∣tie outl••wed shall forfait al his goods and cattels to the king.

And by an vt••ary in fe∣lony he shall forfait aswell a•• his ••a••des & ••enements that hee hath insee simp••e, or for terme of his life, as h••s goods and cattels.

Also though a man bee outlawed, yet i•• any ••rror or discontinuance be in the fuite of the proces the p••r∣tie thereof shall haue ad∣uantage▪ and for such cause the ••tiary shalbe reuersed & ad••••••••ed:

Also if the partie defen∣dant be ouer the sea at the time of the v••••arye pro∣nounced, that is a good cause of the reuersall of the vtlarie.

Also if an exigent bee a∣warded against a man in one Countie where hee dwelleth not▪ yet an exi∣gēt with procla••atiō shall goe foorth to the Countie where he dwelleth▪ or els i•• he be thereupon outlawed the vtlarie may bee reuer∣sed as it appeareth by the statute made the 6. & 4. yere of king H. 8. cap. 4.

Also if a man bee ou••••a∣wed in an action parsonel at the suit of another, & af∣ter hee purchase his char∣ter of pardon of the king, such charter shall neuer be allowed, till he hath sued a writ of Scir̄ facias to warn the partie plaintife, and if hee appeare▪ then the d••∣fendant shall aunswer him and barre him of his actiō, or else to ma••e agreement with him.

Vtrum.

VTrum▪ is a writ, and it lyeth when the right of any Church is aliened & holden in lay fee, or tran∣slated into the possession of another Church, and the alienour dyeth, then his successour shall haue the sa••d writ, whereby an inquest shalbee charged to try whether it bee the free almes of the Church o•• lay fee. And note well that none that hath Co∣uent, or common Seale may maintain•• this writ, but a writ of Entre sine a••••en•••• capituli of the ali∣enation made by his pre∣decessour.

W.

Waife.

WAife, is when a théefe hath feloniouslie stol∣len goods, and being neere∣ly followed with hue and crie, or ••••s ouercharged with the burden or trou∣ble of the goodes, for his ease sa••e and more speedie trauayling, without hue and crie, ••lieth away and leaueth the goods or anie parte of them behind him, then the Queenes officer, o•• the ••eeue or Baylife to the Lord of the manor (within whose ••ur••so••cti∣on or circuit they were left) that by prescription. or graūt from the Quéene hath the Fraunchise of waife, may seise the goods so wayued to their Lordes vse, who may keepe them as his owne proper goods: except that the owner come with freshe sinte af∣ter the selon, and sue an appeale, or giue in eu••∣dence against him at his arra••nement vpon the in∣dictment, and bee attain∣ted thereof &c. In which

cases the first owner shall haue restitution of his goods so stollen and way∣ued.

But although as hath béene said waife is proper∣ly of goods stol••ē, yet waife may ••e also the goods that are not stolne. As if a man be pursued with hue and c••ie, as a felon, and he fly∣eth, and leaueth his owne goods &c. these shalbe ta∣ken as goods waiued, and forfait as if they had bée••e st••••ne.

Waiue.

WAiue is a woman that is outlawed, and shée is called waiue, as lefte out or forsaken of the law, and not an vtlaw as a m•• is. For women are not sworne in leetes to the Queene, nor to the law••, as men are, who therefore are within the law, wher••∣as women are not, and for that cause they cann••t •••• said outlawed in so much as they neuer were within it. But a man is called vt∣lawe, because that he was once sworne to the law•• and now for cōtempt he is

put out of the law, & is cal∣led vtlaw, as one should say without benefit •••• the law.

434 Warwit.

WArwit (or wardwit as some copies haue it) that is to be quite of gi∣uing of money for kéeping of watches.

435 Wast.

WAst is where tenant for terme of yéeres, te∣nant for terme of ••••fe, or te∣nant for terme of anothers life, tenant in dower, or te∣nant by the curtesie or gar∣dein in chiualry doth make wast or destruction vpō the land, that •••• to say, pu••••eth downe the house, or cut∣teth downe ••i••ber▪ or suf∣fereth the house willing∣••y to fa••••▪ or diggeth the ground, ther hee in the re∣uersion shall haue▪ one writ for that wast▪ and shall re∣coue•• the place where the wast is done, & t••••ble dam∣mages. And if a man cut downe ••••mb••r without li∣ce••ce and therewith repai∣reth old houses, yet that is no wast. But if he with the timber builde a newe

house, then y^• cutting down of such timber is wast. Al∣so the cutting downe of vnderwood or willowes, which is no timber shall not be said wast, but if they grow in y^• sight or shadow of the house.

Wrecke.

WRecke or varech as y^• Normās from whom it came call it, is where a ship is perished on the sea, and no man escapeth a liue out of the same, & the ship or parte of the ship so peri∣shed, or the goods of the ship come to the lande of a∣ny Lorde, the ••orde shall haue that as a wrec••e of the Sea, but if a man or a dogge, or cat, escape aliue, so that the partie to whom the goods belonge come within a yeere and a day and prooue the goods to be his, hée shall haue them a∣gaine, by prouision of the statute of westm. 1. cap. 4. made in king Ed. 1. dayes, who therein followed the decrée of Henrie the first, before whose dayes, if a ship had beene cast on shore,

torne with tempest, and were not repaired by such as escaped aliue within a certeine time, that thē this was taken for wrecke.

437 Withernam.

WIthernam, Looke ther∣fore in the title Di∣stresse.

438 Warren.

WArren is a place pri∣uiledged by prescrip∣tiō or grant of the Quéene for the preseruation of Hares, Comes, partriges, and Feasantes or anie of them.