Nomo-lexikon, a law-dictionary interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern lawes : with references to the several statutes, records, registers, law-books, charters, ancient deeds, and manuscripts, wherein the words are used : and etymologies, where they properly occur / by Thomas Blount of the Inner Temple, Esq.

A Law-Dictionary: Interpreting such difficult Words and obscure Terms, as are found, either in our Common or Statute, Ancient or Modern LAWS.

A

ABactors (abactores) were steal∣ers of Cattle or Beasts, by Herds or great numbers; and were distinguished from Fures. Nam qui ovem unam surripu∣erit, ut fur coercetur, qui gre∣gem, ut abactor. M. S.

Abate (from the French abatre or abbatre, i. To fell, break down or defeat utterly) signifies properly, to diminish or take away; and in our Law-writers, it has a like signification: For to abate a Castle or Fortlet (Old Nat. Br. fol. 45.) in Westm. 1. cap. 17. is interpreted to beat it down. And to abate a Writ, is to de∣feat or overthrow it by some error or excepti∣on. Britton. cap. 48. As he that puts out the Possessor is said to Disseise; so he that steps in between the former Possessor and his Heir, is said to abate. And in the Stat. De conjunctim Feoffatis, 34. Edw. 1. The Writ shall be abated, that is, shall be disabled or overthrown. So in Stamfords Pleas of the Crown, fol. 148. The Ap∣peal abates by Covin, i. The Accusation is de∣feated by Deceit, Anno 11 Hen. 6. cap. 2.—The Justices shall cause to be abated and quashed the said Writ. See Intrusion.

Abatement (Fr.) is sometimes used for the Act of the Abator; as the Abatement of the Heir into the Land, before he has agreed with the Lord Old Nat. Br. fol. 91. Sometimes for the affection or passing the thing abated; as Abatement of the Writ. Kitchin, fol. 214. And in this signification it is as much as Exceptio di∣latoria, with the Civilians (Brit. cap. 51.) or rather an effect of it: For the Exception al∣leaged and made good, works the Abatement. And this Exception may be taken, either to the insufficiency of the Matter, or incertainty of the Allegation, by misnaming the Plantiff, De∣fendant, or place; to the variance between the Writ, and the Specialty or Record; to the in∣certainty of the Writ, Count, or Declaration, or to the death of either of the parties, before Judgment had, and for divers other causes: Upon which defaults, the Defendant may pray, That the Writ or Plaint may abate; that is, the Plaintiffs sute against him, may cease for that time. To prevent the Abatement of Writs of Error, see the Statute 6 Car. 2. cap. 2. Sir Edward Coke says, Abatamentum is a word of Art, and signifies an Entry by interposi∣tion. On Littl. fol. 277. where he shews the dif∣ference between Abatement, Disseisin, Intru∣sion, Deforcement, Usurpation, and Purpre∣sture.

Abbacy (abbatia) is the same to an Abbot, as Bishoprick to a Bishop: We may call it his Paternity. Talis Abbatia (quae Paternitas Lati∣no nomine dicitur) funditus removeatur. Concil. Meldens. Anno Dom. 845. cap. 10. The word is used Anno 34 & 35 Hen. 8. cap. 17, 18. Sciant—quod ego Isabella•• Comitissa Penbr•• pio salute animae meae—Dedi Deo & Abbathiae de Nutteleg. totam Wicham juxta praedictam Abba∣thiam, &c. sine dat.

Abbat or Abbot (Abbas) A Spiritual Lord, that has the rule and preheminence over a Religious House. He is by Justinian termed Archimandrita, by others Coenobiarcha vel Archimonachus. Of these, some in England were mitred, some not: The mitred were ex∣empt

from the jurisdiction of the Diocesan, having Episcopal Authority within their Pre∣cincts, and being also Lords of the Parliament; which were called Abbots Soveraign (Anno 9 Rich. 2. cap. 4.) and Abbots General; The other sort were subject to the Diocesan in all Spiritual Government. And as Abbots, so were there Lord Priors also, who, both had exempt Jurisdiction, and were Lords of Par∣liament, as appears by Sir Edw. Coke, de Jure Eccles. fol. 28. Of which Lord Abbots and Priors that sate in Parliament, some Authors reckon but Twenty six: Sir Edw. Coke says they were Twenty seven Abbots and two Priors. (On Littl. fol. 97.) In the Parliament 20 Rich. 2. there were but Twenty five Abbots and two Priors. But in the Summons to the Parliament at Win∣ton, Anno 4 Edw. 3. (in Dorso claus. ejusdem An. Membran. 41.) I finde more named, to which I have added the Founders out of Mr. Dugdales Monast. Angl.

Abbots and Priors.	Founders Names.
1 Abbot of S. Austins in Canterbury.	Ethelbertus Rex, An∣no 602.
2 Abbot of Ramsey.	Ailwinus Semi Rex, 969.
3 Abbot of Peter∣borough.	Wulferus Rex, 664.
4 Abbot of Croyland.	Ethelbald Rex Merciae, 726.
5 Abbot of Evesham.	Egwin Episc. Wigorn, 700.
6 Abbot of St. Be∣net de Hulmo.	Canutus Rex, Anno 1026.
7 Abbot of Thornby.	Wil. Albemarle sub Hen. 2.
8 Abbot of Colche∣ster.	Eudo Dapifer, Hen. 1.
9 Abbot of Leicester.	Rob. Bossue, Comes Leic. 1141.
10 Abbot of Winch∣comb.	Kenulphus Rex Mer∣ciae, 789.
11 Abbot of West∣minster.	Seabert Rex Occid. Sax. 604.
12 Abbot of Ciren∣cester.	Henricus Primus, 1133.
13 Abbot of S. Al∣bans.	Offa Rex Merciae, 795.
14 Abbot of S. Mary York.	Alanus Comes Bri∣tanniae, 1088.
15 Abbot of Shrews∣bury.	Roger Comes Montgom. 1081.
16 Abbot of Selby.	Guliel. Conquestor, 1078.
17 Abbot of S. Peters Glocester.	Ofric Rex Northumb. 700.
18 Abbot of Malms∣bury.	Maidulfus Hibern. Scot. 648.
19 Abbot of Wal∣tham.	Heraldus Rex, 1036.
20 Abbot of Thorney.	Adelwoldus and Ed∣garus Rex, 972.
21 Abbot of S. Ed∣monds.	Canutus Rex, 1020.
22 Abbot of Beau∣lieu.	Johannes Rex, Anno Regni 6.
23 Abbot of Abing∣don.	Cissa Rex, Anno 675.
24 Abbot of Hyde.	Aluredus Rex, 922.
25 Abbot of Rading.	Henricus Primus Rex, 1125.
26 Abbot of Glaston∣bury.	Jos. Arrimat. Inas Rex Occid. Sax. 708.
27 Abbot of Osney.	Rob. Fitz Nigel Doiley, 1129.
28 Prior of Spald∣ing.	Jo. Talbois Com. An∣degav. 1074.
29 Prior of Johns of Jerusalem.	Jordanus Briset & Ux ejus, 1100.
30 Prior of Lewes.	Will. de Warren Primus Comes Surr. 1078.

To which were afterwards added,

31 Abbot of S. Au∣stins Bristol.	Henricus Secundus Rex.
32 Abbot of Barde∣ney.	Rex Ethelredus, 712.
33 Prior de Semplin∣gham.	Saint Gilbertus, 1131.

To these also Henry the Eight added the Abbot of Tavestock. And in the Teste to Magna Charta, the names of some other Abbots are inserted, among the great Men of the Realm. An Abbot with the Monks of his House, who were called the Convent, made a Corporati∣on, and he was not chargeable with the Act of his Predecessor, if it were not by their Common Seal, or for such things as came to the use of the House.

Abbathy (Anno 31 H. 8. cap. 13.) See Abbacy.

Abettator, an Abetter. See Abet.

Abbrochment (abbrocamentum) the buying up whole Wares, before they are brought to Market, or out of the Fair or Market, and selling the same by retail. M. S. de Placit. co∣ram Rege Ed. 3. penes Arthur. Trevor Arm.

Abbuttals (from the Fr. abutter or abouter, i. terminare) are the Buttings or Boundings of any Land, East, West, North, or South; de∣claring on what other Lands, High-ways, or other places it does Abbut: As in Crokes Re∣ports, 2 part. fol. 184. The Plaintiff hath failed in his Abuttals, that is, In setting forth how his Land, is abutted and bounded. Latera autem nunquam aiunt abuttare; sed terram proximam adjacere. Those (says Cambden) that have Written of Limits, say, That certain Hil∣locks or Piles of Earth, which they termed Bo∣tentines, were set in Limits. Hence peradven∣ture our Buttings and Boundings.

Abeyance or Abbayance (from the Fr. bayer, 〈◊〉〈◊〉. To gape after, or expect; as those are said, Bayer ••a 〈…〉〈…〉argent, qui spe atque animo incumbunt pecuniae) in Littleton, cap. Discon∣continuance, Sect. 56. is thus used, The right of

Fee-simple lies in Abeyance; that is, as himself interprets it, onely in the remembrance, in∣tendment and consideration of the Law. The Frank-tenement of the Gleab of a Parsonage, is in no man during the time the Parsonage is void, but is in Abeyance. And it is a Principle in the Law, That of every Land there is Fee∣simple in some man, or it is in Abeyance. Con∣sidering this with the signification of the French word, it is probable our Ancient Law Books would signifie hereby a kinde of hope or long∣ing expectance; because those things that are in Abeyance, though for the present in no man, yet are they in hope and expectation, belonging to him who is next to enjoy them. For I finde also in the French, that Bayard is a Man that gapes or gazes earnestly at a thing. And, this Abeyance may be compared to that which the Civilians call Haereditatem jacentem. See Coke on Littl. fol. 342. b. And Plowden casu Walsin∣gham.

Abet (from the a. i. ad vel usque, and betan. i. e. emendare, excitare) signifies to encourage, incite or set on. The Substantive Abetment is used for an encouraging or instigation. Stamf. Pl. Cor. fol. 105. And Abetter or Abbettator for an instigator or setter on. Old Nat. Br. fol. 21. But, both Verb and Noun are always used in the evil part: As Abettors of Murder are those that command, counsel, or maintain others to murder: And in some Cases such Abettors shall be taken as Principals, in other, but as Accessories, and their presence or ab∣sence at the Deed doing, makes a difference in the Case.

Abishersing, (according to Rastals Exposi∣tion) is to be quit of Amerciaments before whomsoever, for Transumption proved. The word originally signifies a Forfeiture, or an Amerciament, and is much transformed in the writing, since more probably it should be Mishersing, Mishering, or Miskering, accord∣ing to the Learned Spelman. It seems by some Authors, to signifie a Freedom or Liberty; be∣cause he that has this word in any Charter or Grant, has not onely the Forfeitures and A∣merciaments of all others for transgressions within his Fee; but also is himself free from all such control, by any within that compass.

Abjuration (abjuratio) a forswearing or renouncing by Oath; a sworn banishment, or an Oath taken to forsake the Realm for ever. For, as Stamford (Pl. Cor. lib. 2. cap. 40.) saith, The devotion towards the Church (first in Ed∣ward the Confessors time, and afterward till 22 Hen. 8.) was so zealous, That, if a man, having committed Felony, could recover a Church or Churchyard, before he were appre∣hended; he might not be thence drawn to the usual tryal of Law; but confessing his fault to the Justices, at their coming, or to the Coro∣ner, and before them or him, give his oath finally to forsake the Realm: The form and effect whereof you may read in De Officis Co∣ronatorum, and in Horns Mirror of Justices, lib. 1. cap. Del Office de Coroner. Quando ali∣quis abjuravit regnum Cruoc ei liberata fuit in ma∣nu sua portanda in itinere suo per semitas regias & vocabitur vexillum sanctae Ecclesiae, Essex. Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary, wherein, upon abjuration of his li∣berty and free habitations, he would chuse to spend hs life, as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That here∣after no Sanctuary or Priviledge of Sanctuary, shall be allowed; and consequently Abjuration is taken away, 2 Instit. fol. 629. See San∣ctuary.

Abolition (Anno 25 Hen. 8. cap. 21.) A destroying or putting out of memory. Institutae actionis peremptio. The leave given by the King or Judges to a criminal accuser to desist from further prosecution.

Abridge (from the Fr. Abreger) to make shorter in words, holding still the whole sub∣stance: But in Law it seems to signifie, for the most part, the making a Declaration or Count shorter, by substracting or severing some of its substance. For example, a Man is said to abridge his Plaint in an Assize, or a Woman her Demand in an Action of Dower, that hath put into the Plaint or Demand any Land, not in the Tenure of the Tenant or Defendant; and, if the Tenant pleads Non-tenure, or such-like Plea to parcel of the Land demanded, in A∣batement of the Writ; the Demandant may abridge his Plaint or Demand to that patcel, that is, he may leave out that part, and pray the Tenant may answer the rest, to which he has not yet pleaded any thing: The cause is, for that in such Writs the certainty is not set down, but they run in general. And though the Demandant hath abridged his Plaint or De∣mand in part, yet the Writ remains good still for the rest. Brook, tit. Abridgment. An. 21 H. 8. cap. 3.

Abridgment of a Plaint. See Abridge.

Abrogate (abrogo) to disannul, take away, or repeal; as to abrogate a Law, i. To lay aside or repeal it, Anno 5 & 6 Edw. 6. cap. 3. See Prorogue.

Absentees or des Absentees, was a Par∣liament so called, held at Dublin, 10 May, 28 H. 8. And mentioned in Letters Patent, Dat. 29 H. 8. See Cokes, 4 Inst. fol. 354.

Abuttals. See Abbuttals.

Accedas ad Curiam (Lat.) is a Writ that lies for him, who has received false Judgment, or fears partiality in a Court Baron, or Hun∣dred Court, being directed to the Sheriff, as appears by Dyer, fol. 169. numb. 20. As the Writ De falso judicio lies for him that has re∣ceived such Judgment in the County Court, the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register, fol. 9. b. where it is said this Writ lies for Justice delayed, as well as falsly given; and that it is a Species of the Writ Recordare.

Accedas ad Uicecomitem, is a Writ di∣rected to the Coroner, commanding him to deliver a Writ to the Sheriff, who having a

Pone delivered him, doth suppress it, Reg. of Writs, fol. 83.

Acceptance (acceptatio) is a taking in good part, and a tacite kinde of agreeing to some former Act done by another, which might have been undone or avoided, if such Acceptance had not been. For example, if Baron and Feme seized of Land in right of the Feme, make a joynt Lease or Feoffment by Deed; reserving Rent, the Baron dies, the Feme ac∣cepts or receives the Rent: By this the Feoff∣ment or Lease is made good, and shall bar her to bring the Writ Cui in vita. Coke on Littl. fol. 211. b.

Accessory or Accessary (particeps criminis) most commonly signifies, one that is guilty of a felonious offence, not principally, but by participation, as by command, advice or con∣cealment, and is of two sorts, 1. Before the offence or fact, is he that commands or procures another to commit Felony, and is not himself present; but, if he be, then he is also a Princi∣pal. 2. After the offence, is he that receives, assists, or comforts any man, that has done any Murder or Felony, whereof he hath knowledge. He who counsels or commands any evil, shall be judged accessary to all that follows upon it, but not to another distinct thing. As, I com∣mand one to beat another, and he beats him so, that the other dies of it, I shall be accessary to this murder. But, if I command one to steal a White Horse, and he steals a Black one; or to burn such a House, which he well knows, and he burns another, I shall not be accessary. If I command one to kill I. S. in the Field, and he kills him in the City or Church, or to kill him at such a day, and he kill him on another, I shall be accessary nothwithstanding: For the killing is the substance, and the day, place, or weapon, is but circumstance. But if I command one to kill I. S. and before he hath killed him, I come and say, I am penitent for my malice, and charge him not to kill him, and yet he kills him, I shall not be accessary. Where the Principal is pardoned or hath his Clergy, the Accessary cannot be arraigned; there being a Maxim in the Law, Ubi non est principalis non potest esse accessorius: For, it appears not by the Judgment of Law, that he was Principal; but if the Principal, after Attainder, be par∣doned or hath his Clergy allowed him, there the Accessary shall be arraigned. See Sir Ed∣ward Cokes, 2 Part Institutes, fol. 183. In the lowest and highest offences, there are no Accessaries, but all are Principals; as in Riots, forcible Entries, and other transgressions, Vi & armis, which are the lowest offences. So in the highest offence, which is crimen laesae Ma∣jestatis, there are no Accessaries; but in Felony there are, both before, and after. Coke on Lit••l. fol. 71. There cannot be an Accessary before the Fact, in Man-slaughter; because that is sudden and unprepensed. See more in Stamf. Pl. Cor. lib. 1. cap. 45, 46, 47, 48. Accessories in Petit-Treason, Felony, Murder, shall not have their Clergy, An. 4 & 5 Phil. & Ma. c. 4.

Accompt (computus) is taken for a Writ or Action, which lies against a Bailiff or Receiver, who ought to render an account to his Lord or Master, and refuseth. And by the Statute of Westm. 2. cap. 1. if the Accomptant be found in arrear, the Auditors that are assigned to him, have power to award him to prison, there to remain, till he makes agreement with the party. But if the Auditors will not allow reasonable expence and costs, or if they charge him with more Receipts then they ought, his next friend may sue a Writ of Ex parte talis out of the Chancery, directed to the Sheriff, to take four Mainpernors, to bring his body before the Ba∣rons of the Exchequer, and to warn the Lord to appear there at a certain day. See Fitzh. Nat. Br. fol. 116.

Accord (Fr.) Agreement, Concordance, Consent. Particularly it is an Agreement be∣tween two or more, where any person is in∣jured by a Trespass, Offence, or Contract, to satisfie and content him with some recompence, which, if executed, and performed, shall be a good Bar in Law, if the other party (after the Accord performed) bring any Action for the same.

Accroche (Fr. accrocher) To hook, clasp, or grapple unto. It is used (Anno 25 Edw. 3. Stat. 3. cap. 8.) as Encroach. In France, even at this day Accrocher un Proces, signifies to stay a Suit, or to delay the proceeding of it for a time. See Encroachment.

Achat (Fr. Achet, i. A Bargain or Pur∣chase) is used for a Contract or Bargain. Brook, tit. Contract. Purveyors were by Parlia∣ment, 36 Ed. 3. ordained to be then after called Achators.

Acquietancia de Shiris et Hundredis, i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin. Ex Regist. Priorat. de Coke sford.

Acquietandis plegiis, Is a Writ lying for a Surety against the Creditor that refuseth to acquit him, after the Debt is paid. Reg. of Writs, fol. 158. Where it appears, that this is a Justicies.

Acquital (from the Fr. acquiter, to free, ac∣quit, or discharge) most commonly signifies a Deliverance, discharge, and setting free from the suspition or guilt of an offence; and is twofold, Acquittal in Law, and Acquittal in Fact.

Acquital in Law, Is when, two are appeal∣ed or endited of Felony, one as Principal, the other as Accessary; the Principal being dis∣charged, the Accessary is by consequence also freed. And in this case, as the Accessary is ac∣quitted by Law, so is the Principal in Fact. Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord, Mesn, and Tenant; and the Tenant holds Lands of the Mesn, and the Mesn holds over of the Lord Paramount: Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands; for the Tenant must do his service to the Mesn onely, and not to divers Lords for one parcel

of Land. See Coke on Littleton, fol. 100.

Acquittance (acquietantia) Is a Release or Discharge of a Debt formerly due But the Verb (acquit) the Participle acquitted, and the Noun acquittal, signifie also a discharge or clearing from an offence objected; as acquitted by Proclamation. Smith de Rep. Angl. p. 76. Stams. Pl. Cor. fol. 168. Brook tit. Acquit∣tal.

Acre (from the Germ. Acker, i. ager) Is a parcel of Land, containing in length forty Perches, and four in bredth, or to that quan∣tity, be the length more or less. And, if a Man erect any new Cottage, he must lay four Acres of Land to it, after this measure. Anno 31 E∣liz. cap. 7. With this measure agrees Crompt in his Jur. of Courts, fol. 222. Though he says, ac∣cording to the Custom of divers Countreys, the Pearch differs, being in some places, and most ordinarily but sixteen foot and a half; but in Staffordshire twenty four foot, as was adjudged in the Case between Sir Edward Aston, and Sir John B. in the Exchequer. In the Statute concerning sowing Flax, (24 Hen. 8. cap. 4.) eightscore Perches make an Acre, which is forty multiplied by four: See also the Ordi∣nance of Measuring Land, 31 Edw. 1. Stat. 1. which agrees with this account.

Action (actio) is thus defined by Bracton, lib. 3. cap. 1. & 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur; and is divided into personal, real, and mixt. See Cokes 2 Inst. fol. 40.

Action personal, is that which one Man hath against another, by reason of any Contract for Money or Goods, or for offence done by him, or some other person, for whose Fact he is by Law answerable.

Action real, is that whereby the Demandant claims title to any Lands or Tenements, Rents, or Commons, in Fee-simple, Fee-tail, or for life. And every Action real, is either Posses∣sory, that is, of his own Possession or Seisin; or ancestrel, of the Seisin or Possession of his Ancestor. Coke, lib. 6. fol. 3.

Real Actions, as Writs of Right, Writs of En∣try, &c. And their several Appendixes, as Grand Cape, Petit Cape, Receit, View, Aid-Prayer, Voucher, Counter-plea of Voucher, Coun∣ter-plea of Warrantry, Recovery in value, were several great Titles in our Year-Books, but now much out of use. Preface to Rolls Abridg∣ment.

Action mixt, is that which lies indifferent∣ly against the thing detained, or against the person of the Detainer; and is so called, be∣cause it hath a mixt respect, both to the thing and the person: Or (as others define it) is Sute given by the Law to recover the thing de∣manded, and damages for wrong done: As in Assize of Novel Disseisin, which Writ (if the Disseissor make a Feoffment to another) the Disseisee shall have against the Disseisor; and the Feoffee, or other Ter-Tenant to recover not onely the Land, but damages also. And so is an Action of Wast and Quare impedit.

Actions are also divided into Civil, Penal, and Mixt. Coke, Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract, or other like cause, is due to us: As if a Man by Action seek to recover a sum of Money formerly lent, &c.

Action Penal aims at some penalty, or punishment in the party sued, be it corporal or pecuniary: As in the Action Legis Aquiliae in the Civil Law; and with us, the next friends of a Man feloniously slain or wounded, shall pursue the Law against the offender, and bring him to condign punishment. Bracton, lib. 3. cap. 4.

Action Mixt, is that which seeks both the thing, whereof we are deprived, and a penalty for the unjust detaining it: As in an Action for Tythe upon the Statute 2 & 3 Edw. 6. cap. 13. Item est alia Actio Mixta, quae dicitur Actio Hirciscundae, & locum habet inter eos qni com∣munem habent haereditatem, &c. See Coke on Littl. fol. 262. b.

Action is also (according to the Form of the Writ) divided into such as are conceived to recover, either the simple value of the thing chalenged, or the double, trebble, or quadruple. As a Decies tantum lies against Embracers. Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both par∣ties: And to be short, any other Action upon a Statute, that punishes any offence by Resti∣tution or Fine, proportionable to the Trans∣gression.

Action is Pre-judicial (otherwise termed Pre∣paratory) or else Principal. Pre-judicial is that which grows from some question, or doubt in the Principal: As if a Man sue his younger Brother for Land descended from his Father, and it is objected, he is a Bastard. Bracton, lib 3. cap. 4. Numb. 6. This point of Bastardy must be tryed, before the cause can further pro∣ceed; and therefore is termed Pre-judicialis, quia prius judicanda.

Action is either Ancestrel or Personal, Stamf. Pl. Cor. 59. Ancestrel seems to be that, which we have by some right descending from our Ancestor; and Personal, which has begin∣ning in, and from our selves. There is also Action Ancestrel Droiturel, and Action An∣cestrel Possessary; which see in Cokes 2 Inst. fol. 291.

Action upon the Case (actio super casum) is a general Action given for redress of wrongs done to any Man without force, and by Law not especially provided for, and is now most in use. For, where you have any occasion of Suite, that neither has a fit name, nor certain Form already prescribed; there the Clerks of the Chancery, in ancient time, conceived a sit Form of Action for the thing in question, which the Civilians call Actionem in Factum, and we, Action upon the Case.

Action upon the Statute (actio super Statutum) is an Action brought against a Man, upon an offence against a Statute, whereby an Action is

given, and lay not before. As, where one com∣mits Perjury, to the prejudice of another, he, who is endamaged, shall have a Writ upon the Statute, and his Cause. And, the difference between an Action upon the Statute, and Acti∣on Popular, is, Where the Statute gives the Suite or Action to the party grieved, or other∣wise to one person certain, that is called Acti∣on upon the Statute. But where Authority is gi∣ven by the Statute to every one that will so sue, that is termed Action Popular.

Action is Perpetual or Temporal (Perpetua vel Temporalis) and that is called Perpetual, whose force is by no time determined. Of which sort were all Civil Actions among the Ancient Romans, viz. Such as grew from Laws, Decrees of the Senate, or Constitutions of the Emperors; whereas Actions granted by the Pretor, died within the year. So we have in England, Perpetual and Temporary Actions, and I think all may be called Perpetual, that are not expresly limited. As divers Statutes give Actions, so they be pursued within the time by them prescribed; namely, the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed, and no longer. And the Statute of 7 Hen. 8. cap. 3. doth the like for four years, and that of 31 Eliz. cap. 5. for one year, and no more. But, as by the Civil Law, no Actions were at the last so per∣petual, but that by time they might be pre∣scribed against: So in our Law, though Acti∣ons may be called Perpetual, in comparison of those that are expresly limited by Statute, yet is there a means to prescribe against Real Acti∣ons after five years, by a Fine levied, or a Recovery suffered; as you may see in the words, Fine, Recovery, and Limitation of As∣size.

Action of a Writ, is a term used, when one pleads some matter, by which he shews the Plaintiff had no cause to have the Writ he brought; yet it may be, he might have another Writ or Action for the same matter. Such a Plea is called, A Plea to the Action of the Writ. Whereas, if by the Plea it should appear, That the Plaintiff has no cause to have an Acti∣on for the thing demanded; then it is called A Plea to the Action. Cowel.

Acts of Parliament are Positive Laws, which consist of two parts (viz.) Of the words of the Act, and the sence of it, and they both, joyned together, make the Law.

Acton-Burnel, a Statute so called, made 13 Edw, 1. & An. 1285. Ordaining the Sta∣tute Merchant for Recovery of Debts; and was so termed, because made at Acton-Burnel, a Castle, anciently of the Burnels, afterward of the Lovels in Shropshire.

Actuary (actuarius) is the Scribe that Re∣gisters the Acts and Constitutions of the Con∣vocation.

Addition (additio) signifies, A Title given to a Man over and above his Christian and Sirname, shewing his Estate, Degree, Mystery, Trade, Place of dwelling, &c. Additions of Estate, are these, Yeoman, Gentleman, Esquire, and such like. Additions of Degree are those we call names of Dignity, as Knight, Lord, Earl, Marquess, and Duke. Additions of Mystery, are, Scrivener, Painter, Mason, &c. Addition of Town, as Dale, Thorp, and such like. And, where a Man hath houshold in two places, he shall be said to dwell in both of them;. so that his Addition in either may suffice.

By the Statute of 1 Hen 5. cap. 5. It was or∣dained, That in Suits or Actions where Proces of Outlary lies, such Additions should be to the name of the Defendant, to shew his Estate, Mystery, and place where he dwells, and that the Writs, not having such Additions, shall abate, if the Defendant take exception there∣to; but not, by the Office of the Court. And this was ordained, to the intent, that one Man might not be vexed, or troubled by the Outlary of another; but by reason of the certain Ad∣dition, every person may bear his own burden. See 2 Part. Institut. fol. 595. & 666. And the Statute 27 Eliz. cap. 7.

Addoubors. See Redoubors.

Adeling or Ethling, from the Sax. Æðe∣lan, i. nobilis) Was a Title of Honor among the Angles, properly appertaining to the Suc∣cessor of the Crown. For King Edward being himself without issue, and intending to make Eadgar (to whom he was great Uncle by the Mothers side) his heir to this Kingdom, called him Adeling. Hoveden parte poster. Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept. cap. ante-penult. See more of this word in Spelmans Glossarium.

Adjournment (from the Fr. adjournement) Is when any Court is dissolved for the present, or put off, and assigned to be kept again at an∣other day or place. Adjournment in Eyre (Anno 25 Edw. 3. Statute of Purveyers, cap. 18.) Is an appointment of a day, when the Justices in Eyre mean to sit again. And in 2 Edw. 3. cap. 11. Adjournment has the like sig∣nification. See Prorogue.

Adjudication (adjudicatio) A giving by Judgment, a Sentence, or Decree, An. 16 & 17 Car. 2. cap. 10.

Ad inquirendum, is a Writ Judicial, com∣manding enquiry to be made of any thing touch∣ing a Cause depending in the Kings Court, for the better execution of Justice, as of Bastardy, and such like. Whereof see great di∣versity in the Table of the Register Judicial, Verbo, Ad inquirendum.

Ad jura Regis, Is a Writ that lies for the Kings Clerk, against him that sought to eject him to the prejudice of the Kings Title in right of his Crown. Of which see Register of Writs, fol. 61. a.

Admeasurement (admensuratio) Is a Writ which lies, for bringing those to Reason, or a Mediocrity, that usurp more then their share. And this in two Cases, the one termed Ad∣measurement of Dower (Admensuratio Dotis) where the Widow of the deceased, holds from

the Heir, or his Guardian, more, in the name of her Dower, then of right belongs to her. Register of Writs, fol. 171. a. Fitz. Nat. Br. fol. 148. In which case, the Heir shall be restored to the overplus. The other, Admeasurement of Pasture, (Admensuratio pasturae) which lies between those, who have Common of Pasture, appendant to their Freehold, or Common by Vicenage, in case any of them Surcharge the Common with more Cattle than they ought. Regist. fol. 156. b. Fitz. Nat. Br. fol. 125.

Adminicle (adminiculum) Aid, help, sup∣port. Anno 1 Edw. 4. cap. 1.

Administrator (Lat.) Is he that hath the Goods of a Man dying intestate, committed to his charge by the Ordinary, and is account∣able for the same, whensoever it shall please the Ordinary to call him thereto. An Action lies against him, and for him, as for an Execu∣tor; and he shall be charged to the value of the Goods of the Intestate, and no further; if it be not by his own false Plea, or by wast∣ing the Goods of the dead. If the Admini∣strator die, his Executors are not Administra∣tors; but it behooves the Court to grant a new Administration. If a stranger, who is neither Administrator nor Executor, take the Goods of the dead, and administer of his own wrong, he shall be charged and sued as an Exe∣cutor, and not as Administrator. See the Sta∣tutes of Westm. 2. cap. 19. And 31 Edw. 3. cap. 11.

Administratrix (Lat.) She that hath such Goods committed to her charge.

Admiral (Admiralius, Admirallus, Ad∣miralis, Capitaneus, or Custos Maris) signifies, An High Officer, or Magistrate, that hath the Government of the Kings Navy. See the Sta∣tutes 13 & 15 Rich. 2. cap. 5. And 3—2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea. He hath cog∣nizance of the death, or maim of a man, com∣mitted in any great Ship, riding in great Ri∣vers, beneath the Bridges thereof, next the Sea; also to arrest Ships in the great Streams, for the service of the King or Commonwealth, and hath jurisdiction in such Streams, during the same voyages. And it appears, that an∣ciently the Admirals of England, had juris∣diction of all causes of Merchants and Mari∣ners, hapning not onely upon the main Sea, but in all foraign parts within the Kings Do∣minions, and without them, and were to judge them in a Summary way, according to the Laws of Oleron, and other Sea-Laws. See Prynnes Animadversions on 4 Inst. pag. 75. & seq.

Admission (admissio) Is when the Bishop, upon examination admits a Clerk to be able, and says Admitto te habilem. Coke on Littl. fol. 344. a.

Admittendo Clerico, Is a Writ granted to him, who hath recovered his right of Pre∣sentation against the Bishop in the Common-Bench. The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs, fol. 33. a

Admittendo in Socium, Is a Writ for the association of certain persons to Justices of Assize formerly appointed. Register of Writs, fol. 206. a.

Adnichiled, (Anno 28 Hen. 8. cap. 7.) An∣nulled or made void.

Ad quod damnum, Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King, to grant a Fair or Market in any Town, or place; or for the King, or any other person to grant any Lands in Fee-simple to any House of Religion, or other Body Poli∣tick. For in such case the Land so given, is said to fall into a dead hand; that is, such an estate and condition, that the chief Lords lose all hope of Heriots, service of Court and Es∣cheats, upon any traiterous or fellonious of∣fence committed by the Tenant. For a Body Politick dies not, nor can perform personal service to the King, or their Mesn Lords, as single persons may do. And therefore it is reasonable, that before any such grant be made, it should be known what prejudice it is like to work to the Grantor. Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain.

Ad terminum qui praeteriit, Is a Writ of Entry, that lies where a Man, having Leased Lands or Tenements for term of life or years; and after the term expired, is held from them by the Tenant or other Stranger that enjoys the same, and deforceth the Lessor. Which Writ lies for the Lessor, and his heir also. Fitz Nat. Br. fol. 201.

Advent (adventus) Is the time from the Sunday that falls either upon S. Andrews day, or next to it, till the Feast of Christs Nativity, (Sir Edward Coke (2 Part. Inst. fol. 265.) says Advent ends eight days after the Epiphany; but it is a mistake) wherein our Ancestors re∣posed much reverence and devotion, in refe∣rence to the approaching solemn Feast. For, In Adventu Domini nulla Assisa debet capi. Int. Placita de temp. Regis Johan. Ebor. 126. Whereupon there was a Statute ordained, Westm. 1. cap. 48. That notwithstanding the said usual solemnity and time of rest, it should be lawful (in respect of Justice and Charity, which ought at all times to be regarded) to take Assizes of Novel Disseisin, Mort d An∣cester, and Darrcin presentment, in the time of Advent, Septuagesima, and Lent. This is also one of the times, from the beginning whereof, to the end of the Octaves of the Epi∣phany; the solemnizing of marriage is forbid∣den, without special Licence, according to these old Verses.

Conjugium Adventus prohibet, Hilarique relaxat: Septuagena vetat, sed Paschae Octava re∣ducit. Rogatio vetitat, concedit Trina potestas.

See Rogation Week and Septuagesima.

Adultery (Anno 1 Hen. 7. cap. 4. Advoutry, Adulterium, quasi ad alterius thorum) Pro∣perly spoken of married persons; but if onely one of the two, by whom this sin is committed,

be married, it makes Adultery; which was severely punished by the ancient Laws of this Land, (not to mention the Julian Law, among the old Romans, which made it death.) Ed∣mundus Rex Adulterium affici jussit instar Ho∣micidii. LL. suarum, cap. 4. Canutus Rex homi∣nem adulterum in exilium relegàri jussit, foemi∣nam nasum & aures praecidi. LL. par. 2. cap. 6. & 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem, Episcopus inferio∣rem, LL. Hen. 1. cap. 12. Doomsday tit. Chent, Rex, Dover,—De Adulterio per totam Chent, habet Rex hominem, Archiepiscopus mulierem, excepta terra S. Trinitatis, S. Augustini, & S. Martini, de quibus Rex nihil habet. Et tit. Cistre Civitas—Vidua, si se non legitimè com∣miscebat xx s emendebat, puella vero x s. The penalty of this sin was called Lairwite by our Saxons. See in 2 Part. Cokes Instit. the notable Case of Margret, the Wife of John de Camois, who, with the consent of her Husband, lived in Adultery with Sir William Panell, yet lost her Dower. See Dower.—Rex—vic. Sutht.—Prae∣cipimus tibi quod diligenter inquiri facias per le∣gales homines de Visn. Candeur. si Robertus Pincerna, habens suspectum Will. Wake qui cum uxore sua Adulterium committeret, prohibuit ei ingressum Domus suae, & si idem Will. post prohibitionem illam, Domus ipsius Roberti in∣gressus Adulterium praedictum commisit, inde praefatus Robertus mentula eum privavit, & si Inquisitio dederit, quod ita sit, tunc eidem Ro∣berto & suis qui cum eo erant ad hoc faciend. terr. & catalla sua occasione illa in manum nostram saisita, in pace esse facias, donec aliud inde tibi praecipimus, & veritatem illius inquisitionis G. fil. Petri Justic. & Baronibus nostris de Scace. scire fac. Teste G. fil. Petri Com. Essex apud Wude∣stoke, 3 Nov.—Claus. 14 Joh. m. 2.

Ad ventrem-inspiciendum, Is a Feminine Writ, mentioned in the Statute of Essoyns, Anno 12 Edw. 2. See Ventre inspiciendo.

Advocatione decimarum, Is a Writ that lies for the claim of the Fourth Part or upward, of the Tythes that belong to any Church. Re∣gister of Writs, fol. 29. b.

Adboutry. See Adultery.

Advow alias abow (advocare) To justifie or maintain an Act formerly done. For ex∣ample, One takes a Distress for Rent, or other thing, and he that is distrained, sues a Reple∣vin. Now the Distrainet, justifying or main∣taining the Act, is said to Avow. Hence comes Advowant and Advowry. Old Nat. Br. fol. 43. Bracton useth the Latin word in the same signi∣fication (as Advocatio disseisinae) Lib. 4. cap. 26. And I finde in Cassanaeus de Consuet. Burg. pag. 1210. Advobare in the same significati∣on. And pag. 1213. the Substantive Desavoha∣mentum, for a Disavowing or refusing to A∣vow.

Advowe alias avowe (advocatus) Is used for him that hath right to present to a Benefice, Anno 25 Edw. 3. Stat. 5. Where we finde also Advowce Paramount, for the highest Patron, and is spoken of the King. Advocatus est ad quem pertinet jus Advocationis alicujus Ecclesiae, ut ad Ecclesiam, nomine proprio non alieno, possit praesentare. Fleta, lib. 5. cap. 14. Fitz. Nat. Br. fol. 39. Useth it in the same signification. See Avowe.

Advowee Paramount (Statute of Provi∣visors, 25 Edw. 3.) Is taken for the King, or highest Patron.

Advowzen (advocatio) A right to present to a Benefice; as much as Jus Patronatus in the Canon Law. The reason why it is so term∣ed, is, Because they that originally obtained the right of presenting to any Church, were up∣holders of, or great Benefactors to that Church, either by building or increasing it; and are therefore sometimes termed Patroni, sometimes Advocati, sometimes Defensores, Cap. 4. & 23. De jure Patronatus in Decretal. And Advowzen (being a Bastard-French word) is used for the right of presenting; as appears by the Statute of Westminster, Anno 13 Edw. 1. cap. 5.

Advowzen, Is of two sorts, Advowzen in Gross, that is, Sole, not adhering to any Man∣nor, as parcel of its right; and Advowzen Appendant, which depends upon a Mannor, as appurtenant to it, termed by Kitchin an In∣cident that may be separated from the Subject. Of this Skene, De verbor. sign. hath these words, Dicitur Advocatio Ecclesiae, vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam, & asserit se in eadem habere jus Patronatus, eamque esse sui quasi clientis loco, vel potius cum aliquis (nempe Patronus) advocat alium jure suo ad Ecclesiam vacantem, eumque loco alterius (veluti defuncti) praesentat, & quasi exhibet.

Aelmefeoh, Pecunia eleemosynaria, scilicet de∣naria Sancti Petri. See Almsfeob.

Aetate probanda, Is a Writ that the Kings Tenant, holding in chief by Chivalry, and being Ward by reason of his nonage, obtained to the Escheator of the County where he was born, or sometimes where the Land lay, to enquire whether he were of full age to take his Lands into his own hands. Register of Writs, fol. 294. Fitz. Nat. Br. fol. 253. Now dis∣used.

Aery or Airy of Goshawks (Fr. aire) Is the proper word in Hawks, for that we gene∣rally call a Nest in other Birds. So it is used Anno 9 Hen. 3. cap. 13. in the Charter of the Forest, and in divers other places.

Aesnecy. See Esnecy.

Affeerers (afferatores) probably from the Fr. affier, i. To confirm or affirm,) are those that are appointed in Court Leets upon Oath, to settle and moderate the Fines of such as have committed faults arbitrarily punishable, and have no express penalty set down by Statute. The Form of their Oath you may see in Kitchin, fol. 46. The reason of this appellation seems to be, because those that are appointed to this Office, do affirm upon their Oaths, what penal∣ty they think in Conscience the Offender hath deserved. We finde this word used, Anno 25 Edw. 3. Stat. 7. (viz.) The same Justices

before their rising in every Sessions, shall cause the Amerciaments so be affiered. And to the same effect, Anno 26 Hen. 6. cap. 6. Kitchin, fol. 78. joyns these three words, as Synonima's, Affidati, Amerciatores, Affirores. Bracton hath Affidare mulierem, to be betrothed to a Woman Lib. 2. cap. 12. But I finde in the Customary of Normandy, cap. 20. This word (affeurer) which the Latin Interpreter express∣eth by (taxare) that is, to set the price of a thing, as aestimare, indicare, &c. Which etymology seems to be the best.

Affidatus, Signifies a Tenant by Fealty,—Ego Rogerus de F••••hid dedi, &c. Wil. Wa lensi pro suo servitio unam acram & perchiam terrae, &c. Pro hac donatione & concessione de∣venit praedictus Wil. Affidatus meus, &c. Affi∣dati non proprie vassalli sunt, sed quasi Vassalli, qui in alicujus fidem & clientelam sunt recepti, recommendati dicti. Laurentii Amalthaea. Affi∣datio accipitur pro mutua fidelitatis connexione, tam in Sponsaliis, quam inter Dominum & Vas∣sallum. Proles de affidata & non maritata, non est haeres. M. S. Penes Arth. Trevor Ar.

Affirm (affirmare) Signifies to ratisie or confirm a former Law or Judgment. So is the Substantive Affirmance used Anno 8 Hen. 6. cap. 12. And so is the Verb it self by West parte secunda Symbol. tit. Fines, sect. 152. If the Judgment be affirmed, &c. As also by Crompton in his Jurisd. fol. 166. 19 Hen. 7. cap. 20.

Afforest (afforestare) To turn Ground into Forest. Charta de Foresta, cap. 1. Anno 9 Hen. 3. See more in Forest.

Affray (of the Fr. affros, i. A fright) Sig∣nifies a skirmish or fighting between two or more. Lamb. in his Eirenarcha, lib. 2. cap. 3. saith, It is ofttimes confounded with Assault; but they differ in this, That an Assault is onely a wrong to the party, an Affray is a common wrong: And therefore both are enquirable and punishable in a Leet. An Affray may al∣so be without word or blow given: As if a Man shew himself furnished with Armor or Weapons, not usually worn, it may strike a fear into others unarmed. And so it is used, An. 2 Edw. 3. cap. 3.

Affri vel Affra, Bullocks, or Plough-Beasts. Vicecomes liberet ei omnia catalla debito∣ris, exceptis bobus & Affris carucae. Westm. 2. cap. 18. And in Northumberland, to this day, they call a dull or slow Horse, a False aver, or Af••r. Spelm. From whence also may come the word Heyfer for a young Cow.

Age (aetas, Fr. aage,) Signifies that part of Mans life, which is from his birth, to this, or his last day. But in Law it is particulary used for those especial times, which enable Men or Women to do that, which before for want of Age, and consequently of Judgment, they might not do. These in a Man, are two; at Fourteen years he is at the Age of Discretion, Twenty one years, is his full Age. Littleton, lib. 2. cap. 4. In a Woman there were six Ages ob∣served: First, at Seven years of Age her Fa∣ther might, of old, Distrain the Tenants of his Mannor, for Aid to marry her: For at those years she may consent to Matrimony. Bracton, lib. 2. cap. 36. numb. 3. Secondly, At nine years old, she is Dowable; for then or within half a year after, she is able Promereri dotem & virum sustinere. Fleta, lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years. Thirdly, At Twelve years she is able finally, to ratifie and confirm her former consent to Matrimony. Fourthly, At Fourteen she is enabled to receive her Lands into her own hands, and should be out of Ward, if she were of this Age at her Ancestors death. Fifthly, At Sixteen years she should be out of Ward, though at the death of her Ancestor she was under Fourteen. The reason is, Because then she might take a Husband able to perform Knights service. Sixthly, At Twenty one years she is able to alienate her Lands and Tenements. Also at the Age of Fourteen, a Man is enabled to chuse his own Guardian, and to claim his Land holden in Soccage. Dyer, fol. 162. Which Bracton (Lib. 2.) limits at Fifteen years, with whom Glanvile also agrees. And at Fourteen a Man may consent to Marriage, as a Woman at Twelve. At the Age of Fifteen years, a Man ought to be sworn to keep the Peace. An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight, that had Twen∣ty pound Land per annum in Fee, or for term of life. Anno 1 Edw. 2. Stat. 1. Which Sta∣tute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts, and man∣age his estate; which until that time, he cannot do, with security of those that deal with him. The Age of Twelve years binds to appearance before the Sheriffs and Coroner, for enquiry after Robberies. Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Or∣der of Religion, without consent of Parents. Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b.

Age Prier (aetatem precari, or aetatis pre∣catio) Is a Petition or Motion made in Court by one in his minority, (having an Action brought against him for Lands coming to him by descent) that the Action may rest till he come to full age; which the Court, in most Cases, ought to grant. This is otherwise in the Civil Law, which enforceth Children in their minority to answer by their Tutors or Cura∣tors.

Agenhine. See Hoghenhine.

Agent and Patient, Is when one is the doer of a thing, and the party to whom it is done: As where a Woman endows herself of the fairest possession of her Husband.

Agist (from the Fr. giste, i. A Bed or Resting-place, or from gister, i. stabulari) Sig∣nifies to take in, and feed the Cattle of Stran∣gers in the Kings Forest, and to gather the Money due for the same. Charta de Foresta, cap. 9. The Officers that do this, are called Agistors, in English Guest or Gist-takers. Crom. Jurisd. fol. 146. These are made by the Kings Letters Patent, and he hath four of them in

every Forest, where he has any Pawnage. In what their Office consists, see Manwood, Part 1. Of Forest Laws, p. 336. Their Function is term∣ed Agistment; as, Agistment upon the Sea Banks. Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground, at a certain rate per week. See 4 Part. Instit. fol. 293.

Agreement (Agreamentum, Plowden, fol. 17.) Is a joyning or putting together of two or more Mindes in any thing done, or to be done; and this is in three manners, 1. An Agree∣ment executed at the beginning. 2. An Agree∣ment after an Act done by another, and is exe∣cuted also. 3. An Agreement executory, or to be done. The first is such, whereof men∣tion is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths, which saith, That the Goods bought by Forestallers, being thereof attainted, shall be forfeit to the King, if the Buyer thereof have made Gree with the Seller; where the word Gree, which is otherwise called Agreement Executed, signifies Payment for the things, or Satisfacti∣on. The second is, where one does an Act, and another agrees or assents thereunto afterwards. The third is, when both parties at one time are agreed, that such a thing shall be done in time to come; which is Executory, in regard the thing is to be done afterwards.

Aid (auxilium) Is all one in signification with the French aide, and differs onely in pro∣nunciation, if we take it as it is used in our vulgar language. But, in our Laws, it hath divers particular significations, as sometimes it signifies a Subsidy. An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Te∣nants to their Lords, as toward the Relief due to the Lord Paramount. Glanvile, lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants, for Knighting his eldest son at the age of fifteen years, or marrying his daughter at seven. Register of Writs, fol. 87. a. And that at what rate themselves listed. But the Statute of Westm. 1. An. 3 Edw. 1. ordain∣ed a Restraint herein upon common persons, being Lords, and tied them to a constant rate. And 25 Edw 3. Stat. 5. cap. 11. Provides, that the rate set down by the former Statute should hold in the King, as well as in other Lords. Of which, I finde mention in the Sta∣tute of 27 Hen. 8. cap. 10. This Imposition seems to have descended to us from Normandy, (or rather from a more ancient Original, viz. The Feodal Laws.) For in the Grand Custu∣mary, cap. 35. you have a Tractat, entituled, 〈◊〉〈◊〉 aides Chevelz. i. De auxiliis capitalibus; whereof the first is, A faire Paine filz de son seigneur Chevalier, i. To make the eldest son Knight. The second, Son ainee fille marier, i. To marry the eldest daughter, &c. Both these, and all charges incident thereunto, are taken away and discharged by Statute, 12 Car. 2. cap. 24.

This word Aid is also particularly used in Matter of Pleading, for a Petition made in Court for the calling in of help from another, that hath an interest in the Cause in question; and is likely to give strength, both to the party that prays in Aid of him, and also to avoid a prejudice growing toward his own right, if not prevented. But this course of proceeding is of late much disused. Fitz-Herbert men∣tions both Prier in Ayde, and Prier Ayde de Patron, &c. Auxilium petere à patrono, Nat. Br. fol. 50. d. And the New Book of Entries, verbo ayde de parcener, fol. 411. col. 4. The word is also found in 13 Rich. 2. cap. 17.

This Ayd-prier or Aid-prayer, is sometime also used in the Kings behalf, that there be no proceeding against him, till his Council be cal∣led, and heard what they can say, for avoid∣ing the Kings prejudice or loss in the cause in hand. Also a City or Borough that hath a Fee-Farm of the King, may pray in Ayd of him, if any thing be demanded of them relating thereto. Of this you may read the Statute De Bigamis, An. 4 Edw. 1. cap. 1. 2 & 3. 14 Edw. 3. Stat. 1. cap. 14. & 19 Car. 2. cap. 8. Vide Resceit.

Aile (of the Fr. aieul, i. avus) signifies a Writ that lies, where the Grand-father, or great Grand-father called by us Besaile, but in true French Bisaycul, was seised of any Land or Tenement in Fee-simple the day he died, and a Stranger abateth or enters the same day, and dispossesseth the Heir, Fitz. Nat. Br. fol. 222. See Plowden, fol. 449. b.

Airie of Hawks. See Aerie.

Alba firma. Census annalis qui Centenario sive Domino Hundredi penditur. Ideo alba dicta, quod non ex more prisci saeculi in anuon â quae tunc Black mail nuncupata fuit (hoc est census vel firma nigra) sed argento, quasi censu albo red∣debatur. Spelman. Duplex est tenura in Com. Westmerland. scil. una per Albam firmam & alia per Cornagium, &c. 2 Part. Inst. fol. 10.

Alderman (Sax. Ealdorman, i. Senior,) Was among the Saxons, as much as Earl among the Danes, Camb. Brit. fol. 107. Also an Elder, Senator, or Statesman. At this day we call them Aldermen, who are associates to the Civil Magistrate of a City or Town Corporate, 24 H. 8. cap. 13. See Spelmans Glossarium at large on this word, where you shall finde that we had here anciently a title of Aldermannus totius Angliae. Hic requiescit D. Ailwinus inclyti Regis Eadgari cognatus, totius Angliae Alder∣mannus, & hujus sacri Caenohii (i. Ramesien.) miraculosus Fundator.

Alepiman (alepimannus)—Omnis Alepi∣man de tota Soca de Hecham, debet singulis annis unum Denarium de Chevagio; & operabitur per tres Dies in antumpno, exceptis illis qui ab hac servitute liberi sunt. Consuetudinar. de Hecham Prior. Lew. M. S. pag. 21. Videtur Alepiman∣nos istos mancipia fuisse; Chevagii enim solutio servitutis judicium est. Spelman.

Aler sans jour (Fr.) Is verbatim, to go without day; the meaning whereof is to be finally dismissed the Court, because there is no day of farther appearance assigned. Kitchin, fol. 104

Ale-silver, A Rent or Tribute yearly paid to the Lord Major of London, by those that sell Ale within the City. Antiq. of Purvey∣ance, fol. 183.

Aletaster, Is an Officer appointed in every Court Leet, and sworn to look to the Assize, and goodness of Bread and Ale, or Beer, within the Precincts of that Lordship. Kitchin, fol. 46. where you may see the Form of his Oath.

Alias, vide Capias alias.

Alien (alienare) signifies to transfer the property of any thing to another person. To Alien in Mortmain, is to make over Lands or Tenements to a Religious House, or other Body Politick. See Mortmain. To alien in Fee, is to sell the Fee-simple of any Land or Tenements, or of any Incorporeal right. Westm. 2. cap. 25. Anno 13 Edw. 1.

Alien (alienus) One born in a strange Coun∣trey. It is usually taken for the contrary to Denizen, or a natural subject, that is, a stran∣ger never here enfranchised. Brook, Denizen, 4 &c. Yet a man born out of the Land, so it be within the limits of the Kings obedience beyond the Seas, or of English Parents out of the Kings obedience, so the Parents, at the time of the Birth be of such obedience, is no Alien in account, but a Subject to the King. Stat. 2. 25 Edw. 3. commonly called the Sta∣tute De natis ultra mare. Also, if one born out of the Kings alleagiance, come and dwell in England, his Children, begotten here, are not Aliens, but Denizens. See Denizen.

Alimony (alimonia) Nourishment, mainte∣nance. But in a modern legal sence, it signi∣fies, that portion or allowance, which a mar∣ried Woman sues for, upon any occasional se∣paration from her Husband; wherein she is not charged with Elopement or Adultery. This Alimony was anciently expressed by rationabile estoverium, for reasonable maintenance. Rex Vic. Bucks salutem. Praecipimus tibi quod de Maritagio Emmae de Pinckeney uxoris Laurentii Penire, qui excommunicatus est, eo quod prae∣dictam Emmam affectione maritali non tractat, eidem Emmae rationabile estoverium suum in∣venias donec idem Laurentius vir suue eam tan∣quam uxorem suam tractaverit, ne iteratus clamor ad nos inde perveniat. T. 29 Aug. Anno Regni nostri 7. Rot. Claus. 7. Hen. p. 1. m 3.

Allay (Fr.) Is used for the temper or mixture of other Metals with Silver or Gold. Anno 9 Hen. 5. Stat. 2. cap. 4. and Stat. 1. cap. 11. The reason of which Allay is, with a baser metal, to augment the weight of the Sil∣ver or Gold, so much as may countervail the Princes charge in the Coyning, and to make it the more fusile. Anto. Faber. de Nummariorum debitorum solutionibus, cap. 1. Anno 4 Hen. 7. cap. 2

Allocation (allocatio) A placing or adding unto; also allowance made upon an account: used in the Exchequer.

Allocatione facienda, Is a Writ directed to the Lord Treasurer and Barons of the Ex∣chequer, upon a Complaint of some Accomp∣tant, commanding them to allow him such sums, as he hath by vertue of his Office law∣fully and reasonably expended. Register of Writs, fol. 206. b.

Allodium. See Fee.

Alluminor (from the Fr. allumer, to lighten or kindie) is used for one, who by his trade coloureth or paints upon Paper or Parchment. And the reason is, because lie gives light and ornament by his colours to the Letters, or other Figures coloured. The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner.

Almner or Aumoner (Elecmosynarius) Is an Officer of a King or Princes house, whose Function is carefully to collect the fragments of Meat and Victuals, and distribute them every day to the poor; charitably to visit the sick and leprous, prisoners, poor widows, needy persons, and those that have no constant abode; likewise to receive, and faithfully distribute cast Horses, Robes, Money, and other things given in Alms; he ought also to excite the King with often admonitions, especially on Festival days, to be bountiful in giving Alms, and to beseech, that his rich robes may not be given to Parasites, Maskers, Stage-players, or the like, but may go towards the increase of his Alms. Fleta, lib. 2. cap. 22.

Almsfeoh or Aelmesfeoh (Sax.) i. Alms∣money; that is, Peterpence anciently paid in England, on the first of August, and given by King Ina; called also Romefeoh, Romescot, and Heorthpening. Seldens History of Tythes, pag. 217

Almoin. See Aumone.

Alnage (Fr. Aulnage) Ell-measure, the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager.

Alnager or Alneger (Fr. Aulner, i. A Measurer by the Ell) signifies a sworn publick Officer, who by himself or deputy looks to the Assize of Woollen Cloth made through the Land, and to the Seals for that purpose ordain∣ed, Anno 25 Edw. 3. Stat. 4. cap. 1. And 〈◊〉〈◊〉 Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging, 17 Rich. 2. cap. 2. Read of this more, 27 Edw. 3. cap. 4.—1 Hen. 4. cap. 13.—7 Ejusdem, cap. 10.—11 Ejusdem, cap. 6.—13 Ejusdem, cap. 4.—11 Hen. 6. cap. 9.—31 Ejusdem, cap. 5.—4 Edw. 4. cap. 1.—8 Ejusdem, cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing; all which, were an∣ciently comprized in the unity of one person. These bear the distinct names of Searcher, Measurer, and Alneger, which last, though it be a Tautotological expression (Aulnage and Measure, being the same thing denoted in two Languages) yet long usage and custom have brought them to distinct Offices, and that which anciently was called Alnage, from whence the Alnager takes the name, who was no more but Measurer in signification, is now become Collector of the Subsidy granted to the King,

by the before recited Statutes, still holding the name Alnager, because the collection of that Subsidy was by Edward the Third, committed to the charge of the Alnager, and he never∣theless not abridged of his measuring and searching, till by his own wilful neglect they became separated, and that by distinct Laws. Insomuch, as there is now a peculiar Measurer, who ought to allow the Assize of length and bredth to every particular Cloth, made in England and Wales: And, because the Subjects of this Land should not be abused, an office of Searching is established by Act of Parlia∣ment, whose Officer ought by his Seals, judi∣ciously and diligently affixed, to denote the defaults and casual abuses which each particular Cloth contains. All these Offices were ancient∣ly under the cognizance of the Alnager; as you may read at large in a Treatise, entituled, The Golden Fleece, Printed Anno 1656. See 4 Instit. fol. 31.

Alodium, in Doomsday, signifies a free Mannor; and Alodarii, Lords of the same. Coke on Littl. fol. 5.

Altarage (altaragium) Comprehends not onely the offerings made upon the Altar, but also all the profit which accrues to the Priest by reason of the Altar, Obventio Altaris.

Northampton, ss. Inter ordines sive decreta de Termino Sancti Mich Anno 21 E∣liz. in Scaccario remanentes, & in custodia Rememoratoris Regis inter alia continetur sic.

Jovis, 12 Die Nov.

UPon the Hearing of the Matter betwixt Ralph Turner, Vicar of West-Haddon, and Ed∣ward Andrews, it is ordered, That the said Vicar shall have, by reason of the words (Altaragium cum manso competenti) contained in the Com∣position of the Profits assigned for the Vicars main∣tenance, all such things as he ought to have by these words, according to the Definition thereof made by the Reverend Father in God, John Bishop of London, upon Conference with the Civilians, viz. David Hewes, Judge of the Admiralty, Bartholomew Clark, Dean of the Arches, John Gibson, Henry Jones, Laurence Hewes, and Edward Stanhop, all Doctors of the Civil Law, that is to say, By Altaragium, Tythes of Wool, Lamb, Colt, Calf, Pigs, Goslings, Chickens, Butter, Cheese, Hemp, Flax, Honey, Fruits, Herbs, and such other small Tythes, with Offer∣ings, that shall be due within the Parish of West-Haddon.

And the like case was for Norton in Nor∣thamptonshire, heard in the said Court within these two or three years, upon the Hearing Or∣dered in the like manner.

Oblationes sive numinorum, sive panum, tali vel tali Altari, vel ex devotione vel ex con∣suetudine, aut a Parochianis, aut ab extraneis factae, Altaragii nomine censebantnr. Gloss. in Mat. Paris.

Alto & basso, or in Alto & in basso. Pateat universis per presentes quod Willielmas Tylar de Yetton, & Thomas Gower de Ayle∣mestre posuerunt se in alto & in basso in arbitrio quatuor hominum, viz.—de quadam querela pen∣dente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Tho∣mam, Et praedicti quatuor homines judicaverunt & ordinaverunt quod—Dat. apud Aylemestre die Mercurii prox. post Festum Conceptionis B. Mariae, Anno 2 Hen. 5.—Ipse Prior venit & Bogo similiter & ponunt se in gratiam, misericor∣diam & voluntatem Regis de alto & basso, ad quod mandantur Turri London, &c. Plac. coram Rege, Hil. 18 Edw. 1. By this is meant, the absolute submission of all differences, small and great, high and low.

Amabyr. See Chevage.

Ambidexter (Lat) He that useth his left hand as well as his right; that plays on both sides: But in the legal acception, it signifies, That Juror or Embraceor who takes Money on both sides for giving his verdiet; for which he forfeits ten times so much as he takes, 38 Edw. 3. cap. 12. Crompt. Just. of P. fol. 156. b.

Ame (Kings Proclamation, 1663.) See Aume.

Amenable (from the Fr. amener, i. To bring or lead unto) Others write it amainable, from the Fr. main, a hand) tractable; that may be led by the hand or governed; that may be brought or fetched in. It is applied in our Law Books to a Woman that is supposed governable by her Husband.

Amendment (amendatio) signifies the cor∣rection of an Error committed in a Process, and espied before or after Judgment; and sometimes after the party seeking advantage by the Error. Brook, titulo, Error and Amend∣ment.

Amerciament (from the Fr. Merci, i. mi∣sericordia,) signifies the pecuntary punishment of an offender against the King, or other Lord in his Court, that is found to be in misericordia, i. to have offended, and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines: These, as they are taken for punishments, are punishments certain, which grow expresly from some Sta∣tute; but Amerciaments are arbitrably im∣posed by Affeerors. See Kitchin, fol. 78. and 214. Manwood (in his first part of Forest Laws, pag. 166.) makes another difference, as if an Amerciament were a more easie or merciful penalty, and a Fine more sharp and grievous. Take his words, If the Pledges for such a Tres∣pass appear by common Summons, and not the Defendant himself, then the Pledges shall be im∣prisoned for the Defendants default. But other∣wise it is, if the Defendant himself appear, and be ready in Court before the Lord Justice in Eyre,

to receive his Judgment, and to pay his Fine. But if such Pledges make default, they shall be Amerced, but not Fined. The Author of the New Terms of Law saith, That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done; for which, he puts himself upon the mercy of the Lord: Who also mentions an Amerciament Royal, and defines it to be a pe∣cuniary punishment laid upon a Sheriff, Coro∣ner, or such like Officer of the King, by Justices for some offence. Ratcliff, Baron of the Exchequer, 2 Hen. 7. fol. 7. See Miseri∣cordia.

Amortization (amortizatio, Fr. amortisse∣ment) Est praediorum translatio in manum mor∣tuam, quod tamen sine venia Principis non fiat. Jus amortizationis est privilegium seu licentia capiendi in manum mortuam. In the Statute De libertatibus perquirendis, Anno 27 Edw. 1. the word Amortisement is used. See Mortmain.

Amortize (from the Fr. amortir) Is to Alien Lands or Tenements to any Corporation, Guild or Fraternity, and their Successors; which can∣not be done without Licence of the King, and the Lord of the Mannor. Anno 15 Rich. 2. cap. 5. See Mortmain, and the Statute of A∣mortizing Lands made tempore Edw. 1.

Amoveas manum. See Ouster le Main.

An, jour & Waste (Annus, Dies, & Vastum) Look Year, Day, and Waste.

Ancorage (ancoragium) A duty taken of Ships for the Pool of the Haven, where they cast Anchor. M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port, without paying therefore to the Kings Officers appointed by Patent.

Ancestor, (antecessor) Is well known; but we make this difference betwixt that and Pre∣decessor; the first is applied to a natural per∣son, as I. S. & Antecessores sui; the other to a Body Politick or Corporate, Episcopus Win∣ton. & Predecessores sui. Coke on Littl. Lib. 2. cap. 4. Sect. 103.

Ancestrel, As Homage Ancestrel, i. Homage that hath been done or performed by ones An∣cestors. See Homage.

Ancient, (Fr. ancien) In Greys-Inn the Society consists of Benchers, Ancients, Bar∣rasters, and Students, under the Bar; where the Ancients are of the more Ancient Bar∣rasters. In the Inns of Chancery there are onely Ancients, and Students, or Clerks, and among the Ancients, one is yearly the Principal, or Treasurer. In the Middle-Temple, Ancients are such as are past their Reading, and never read.

Ancient demean or demain, (vetus Patri∣monium Domini) Is a certain Tenure, whereby all the Mannors belonging to the Crown in the days of Saint Edward, or William the Con∣queror, were held. The number and names of which Mannors, as of all other belonging to common persons, after a Survey made of them, he caused to be written in a Book, now re∣maining in the Exchequer, and called Dooms∣day. And those which by that Book appear to have at that time belonged to the Crown, and are contained under the Title Terra Regis, are called Ancient Demesn. Kitchin. fol. 98. Of these Tenants there were two sorts; one that held their Land frankly by Charter, the other by Copy of Court-Roll, or by Verge at the Will of the Lord, according to the Custom of the Mannor. Britton. cap. 66. numb. 8. The benefit of this Tenure consists in these Points. 1. The Tenants holding by Charter, cannot be impleaded out of their Mannor, or, if they be, they may abate the Writ; by Pleading their Tenure, before or after answer made. 2. They are free of Toll, for all things, concerning their Sustenance and Husbandry. 3. They may not be empannelled upon any Enquest. See more in Fitz. Nat. Br. fol. 14. d. & fol. 228, &c. By whom it appears, these Tenants held originally by Ploughing the Kings Land, plashing his Hedges, or such like, towards the mainte∣nance of his Houshold; in which regard, they had such Liberties given them, wherein, to avoid disturbance, they may have Writs to such as take the Duties of Toll; as likewise for Immunity of Portage, Passage, or such like. No Lands ought to be accounted Ancient De∣mesn, but such as are held in Soccage. See Monstraverunt and Demain.

Ancienty, (Fr. anciennete, i. ancientnes) In the Statute of Ireland, 14 Hen. 3. is used for Eldership or Seniority. As, The Eldest Sister can demand no more then her other Sisters, but the chief Mease by reason of her Ancienty.

Andena, A swath in Mowing. See Dole.

Annats (annates) Are all one with First∣fruits. Anno 25 Hen. 8. cap. 20. The reason is, because the rate of First-fruits paid of Spi∣ritual Livings, is after one years profit. An∣nates more suo appellant primos fructus unius anni sacerdotii vacantis, aut dimidiam eorum partem, says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note, Annates, Primitiae, and First-fruits, are all one. Cokes 12. Rep. fol. 45. See First∣fruits.

Anniented (from the Fr. aneantir, i. To make void) signifies as much as frustrated or brought to nothing. Littleton, lib. 3. cap. War∣ranty.

Anniversary days (dies anniversarii) Were of old those days, wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church; or the days whereon, at every years end, Men were wont to pray for the Souls of their deceased Friends, according to the con∣tinued custom of Roman Catholicks; menti∣oned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons, as you may see in Lib. Rames. Sect. 134.

Annua pensione, Is a Writ (now difused) whereby the King having an Annual Pension due to Him from an Abbor or Prior, for any of His Chaplains, (whom He should think good to nominate, being as yet unprovided of suffi∣living)

demands the same of the said Abbot or Prior; and also wills him for His Chaplains better assurance, to give him His Letters Patent for the same. Register of Writs, fol. 265, 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this, in respect of their Foundation or Creation.

Anno Domini, Is the computation of time from the Incarnation of our Lord JESUS, and is used in publick writings; sometimes with, and sometimes without the year of the Kings reign. As the Romans made their com∣putation from the Building of the City Rome, and the Grecians by Olympiads: So Christians in remembrance of the happy Incarnation of our Saviour, reckon their time from thence. The day of the Moneth, the Year of our Lord and Sa∣viour Christ, and the Year of the Kings reign, are the usual Dates of Deeds. Cokes 2 Inst. fol. 675.

Annuity (annuus redditus) Signifies a Yearly Rent to be paid for term of Life, or Years, or in Fee; and is also used for the Writ that lies against a Man for recovery of such a Rent. Register of Writs, fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise de∣fined to be a certain sum of Money granted to another in Fee-simple, Fee-tail, for Life or Years, to receive of the Grantor or his Heirs, so that no Free-hold be charged therewith; whereof a man shall never have Assize, or other Action, but a Writ of Annuity. Doctor and Student, Dial. 1. cap. 3. Shews several dif∣ferences between a Rent, and an Annuity, whereof the first is, That every Rent, be it Rent-charge, Rent-service, or Rent-seek, is issuing out of Land; but an Annuity chargeth the person onely, that is to say, The Grantor or his Heirs that have Assets by descent. The second is, That for the recovery of an An∣nuity, no Action lies, but onely the Writ of Annuity against the Grantor, his Heirs, or Successors; but of a Rent, the same Actions lie as do of Land, as the Case requires. The third difference is, That an Annuity is never taken for Assets, because it is no Free-hold in Law, nor shall it be put in Execution upon a Statute Merchant, Statute Staple or Elegit, as a Rent may. Dyer, fol. 345. numb. 2. Coke on Littl. fol. 144. b.

Anoisance alias Nusance (Fr. Nuisance, i. Hurt or Offence) Hath a double significa∣tion, being used as well for any hurt done, either to a publick place, as High-way, Bridge, or Common River; or to a private, by laying any thing that may breed infection, by incroach∣ing, or such like means: As also, for the Writ that is brought upon this transgression; where∣of see more in Nusance. The word Anoisance I finde Anno 22 Hen. 8. cap. 5.

Ansel weight. See Aunsel.

Apostata capiendo, Is a Writ (now out of use) that lay against one, who having entred and professed some Order of Religion, brake out again and wandered the Countrey, con∣trary to the Rules of his Order. The form whereof, with other circumstances, you shall finde in the Register of Writs, fol. 71. & 267. And Fitz. Nat. Br. fol. 233.

Apparator (Anno 21 Hen. 8. cap. 5) A Messenger that cites offenders to appear in the Spiritual Court, and serves the Process there∣of.

Apparlement (of the Fr. pareillement, i. likewise, or in like manner) Signifies a resem∣blance, or likelihood; as Apparlement of War, mentioned in our Statutes.

Appeal (Fr. Appel) Is as much as accu∣satio with the Civilians. For, as in the Civil Law, Cognizance of Criminal Causes, is taken either upon inquisition, denunciation, or ac∣cusation; so in ours, upon Indictment or Ap∣peal: Indictment comprehending both Inquisi∣tion and Denunciation; and Accusation or Appeal, is a lawful Declaration of another Mans crime (which by Bracton must be Felony at least) before a competent Judge, by one that sets his name to the Declaration, and un∣dertakes to prove it, upon the penalty that may ensue of the contrary. For the whole course of an Appeal, I must refer you to Bracton, lib. 3. tract. 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton, cap. 22, 25. And to Stamf. Pl. Coron. lib. 2. cap. 6, 7, &c. An Ap∣peal is commenced two ways, either by Writ or by Bill; Appeal by Writ is, when a Writ is purchased out of the Chancery, by one to an∣other; to this end, that he Appeal a third of some Felony committed by him, finding Pledges that he shall do it, and deliver this Writ to the Sheriff to be recorded. Appeal by Bill is, when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner, offering to undergo the burden of Appealing the per∣son therein named.

This point of our Law, among others is drawn from the Normans, which appears plain∣ly by the Grand Customary, cap. 68. Where there is set down a solemn discourse, both of the effects of this Appeal, viz. The Order of the Combat, and of the Tryal by Inquest; which by our Law, is in the choice of the De∣fendant. See New Book of Entries, verbo Ap∣pel. Book of Assizes, fol. 78. And 3 Part. Inst. fol. 131.

Appeal of Maihem, Is an accusing of one that hath maimed another. But that being no Felony, the Appeal thereof is but in a manner an Action of Trespass; because there is nothing recorded but damages. Bracton calls this Ap∣pellum de Plagiis & Mahemio, and writes a whole Chapter of it, Lib. 3. Tract. 2. cap. 24. See Coke, Vol. 4. fol. 43. a. In King Johns time, there is recorded an Appeal against a Jew, Qui fecit ementulari quendam nepotem suum.

Appeal of wrong Imprisonment, Is used by Bracton for an Action of wrong Imprisonment, Lib. 3. Tract. 2. cap. 25.

Appeal (from Appello, to call, because Appellans vocat reum in judicium, Coke on Littl. lib. 2. cap. 11.) Is divers times used in our

Common Law, as in the Civil; which is for a removing of a Cause from an Inferior Judge to a Superior; As Appeal to Rome, Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar. But more com∣monly for the private accusation of a Murderer, by a Person who had interest in the party mur∣dered, or of any Felon by one of his Com∣plices in the Fact. See Approver, and see Coke on Littl. fol. 287. b.

Appellor or Appealor, Is he, who hath committed some Felony which he confesses, and now Appeals, that is, Accuses others who were complices with him. And those that are so ap∣pealed are called Appealees. Anno 28 Edw. 1. See Approver.

Appendant (appendens) Is an Inheritance belonging to another that is more worthy; as Accessorium principali with the Civilians, or, Adjunctum subjecto with the Logicians. An Hospital may be Appendant to a Mannor, Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold, Westm. 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription. See Coke on Littl. fol. 121. b.

Appennage or Apennage (Fr.) The por∣tion of the Kings younger Children in France, a Childes part. They have in France a Funda∣mental Law, which they call the Law of Apen∣nages, whereby the Kings younger Sons have Dutchies, Counties, or Baronies, granted un∣to them, and their Heirs, or Heirs-males of their Bodies, the Reversion reserved to the Crown, and all Matters of Regality, as Coyn∣age, Levying Taxes, and the like. It is derived Ab appendendo, or from the German word Avanage, which signifies a Portion. See Gerard du Heylan, & Spel. Glossar. in voce Appen∣nagium.

Appertinances (pertinentia) Are things both Corporal, belonging to another thing, as to the more principal; as Hamlets to a cheif Mannor, Common of Pasture, Turbary, Pis∣cary, and such like; and Incorporeal, as Liber∣ties, and Services of Tenants, Brit. cap. 39. Where it may be observed, That he accounts Common of Pasture, Turbary, and Piscary, to be things Corporal. See Common.

Apportionment (apportionamentum) Is a dividing of a Rent into parts, according as the Land (whence the whole Rent issues) is di∣vided among two or more. As if a Man have a Rent-service issuing out of Land, and he purchaseth part of the Land, the Rent shall be apportioned, according to the value of the Land. So if a Man let Lands for years, re∣serving Rent, and after a stranger recovers part of the Land, the Rent shall be apporti∣oned. But a Rent-charge cannot be apportioned, nor things that are entire; As if one hold Land by service, to pay to his Lord yearly at such a Feast, a Horse, or Rose; there, if the Lord purchase part of the Land, this service is to∣tally extinct; because such things cannot be divided without hurt to the whole. Yet in some Cases a Rent-charge shall be apportioned, as if a Man hath a Rent-charge issuing out of Land, and his Father purchaseth part of the Land charged in Fee, and dies, and this par∣cel descends to his Son, who hath the Rent∣charge; there this Charge shall be apportioned, according to the value of the Land; because such portion of the Land, purchased by the Father, comes not to the Son by his own Act, but by descent and course of Law. Common Appendant is of common right, and severable; and though the Commoner, in such case, pur∣chase parcel of the Land, wherein the Common is Appendant, yet the Common shall be appor∣tioned. But in this case, Common Appurtenant, and not Appendant, by such Purchase is ex∣tinct. Coke, lib. 8. fol. 79.

Apposer. See Forein Apposer.

Apprendre, (Fr.) As Fee or Profit Ap∣prendre (Anno 2 & 3 Edw. 6. cap. 8.) Fee or Profit to be taken or received.

Apprentice, (Fr. apprenti, and that from apprendre, to learn, whence their apprentisage, and our apprentiship) Is one that is bound by Covenant to serve a Tradesman or Artificer, a certain time (for the most part seven years) upon condition, That the Master shall, during that time, instruct him in his Art or Mystery. Sir Tho. Smith (in his Rep. Angl. lib. 3. cap. 8.) says, They are a kinde of Bondmen, differ∣ing onely, in that they are servants by Cove∣nant, and for a time. Anciently Barrasters were called Apprentices of the Law. As ap∣pears by Mr. Seldens Notes upon Fortescu, p. 3. So the Learned Plowden stiled himself. Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley; and Sir Edward Coke in his 2 Part. Instit. fol. 564. says Apprenticii Legis, in pleading, are called Homines consili∣arii, & in Lege periti. And in another place,—Apprentices, and other Counsellors of Law.

Appropriation (appropriatio, from the Fr. approprier, i. aptare, accomodare) Signifies the severing of a Benefice Ecclesiastical (which originally, and in nature is, Juris Divini, & in Patrimonio nullius) to the proper and perpe∣tual use of some Religious House, Bishoprick, College, &c. So called, because Parsons, not being ordinarily accounted (Domini) but usu∣fructarii, having no right of Fee-simple, are by reason of their perpetuity, accounted own∣ers of the Fee-simple, and therefore called Proprietarii. Before the time of Richard the Second, it was lawful (as it seems) to appro∣priate the whole Fruits of a Benefice to an Abbey or Priory, they finding one to serve the Cure. But that King ordained, That in every Licence of Appropriation made in Chan∣cery, it should expresly be contained, That the Diocesan of the place should provide a con∣venient sum of money to be yearly paid out of the Fruits, towards the sustenance of the poor in that Parish, and that the Vicar should be well and sufficiently endowed, Anno 15 Rich. 2. cap. 6. To make an Appropriation (after Licence obtained of the King in Chancery) the consent of the Diocesan, Patron, and Incum∣bent

are necessary, if the Church be full; if it be void, the Diocesan, and the Patron, up∣on the Kings Licence, may conclude it. Plow∣den in Grendons Case, fol. 496. To dissolve an Appropriation, it is enough to present a Clerk to the Bishop, and he to institute, and induct him: For that once done, the Benefice returns to the former nature, Fitz. Nat. Br. 35. and Coke, lib. 7. fol. 13.

Approvement (Anno 43 Eliz. cap. 11.) Is the same with improvement; but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor, leaving sufficient nevertheless for the Commoners.

Approver (approbator) Is one, that confes∣sing Felony committed by himself, appeals or accuses others to be guilty of the same; and is so called, because he must prove that which he hath alleaged in his Appeal. This Proof is by Battle, or by the Countrey, at his election that appealed. The Form of this Accusation you may in part gather by Cromptons Justice of Peace, fol. 250. & 251. That it is done before the Coroner, either assigned to the Felon by the Court, to take and record what he saith, or else cal••ed by the Felon himself, and requi∣red for the good of the Commonwealth to do so. The Approvers Oath, when he begins the Combat, you may see in the last Page of Crompton, as also the Proclamation by the Herauld. Of the Antiquity of this Law, read at large Bracton, lib. 3. Tract. 2. cap. 21. & 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq. And 3 Part. Instit. fol. 129. See Prover.

Approvers of the King (Approbatores Regis) Are those that have the letting of the Kings Demeans in small Mannors, to his best advantage. Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers.

Approve (approhare) To augment or (as it were) to examine to the utmost. For example, To approve Land, is to make the best benefit of it by increasing the Rent, &c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises, are called their Approvers; and by what fol∣lows, you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales, authorized by the Prince thereof. Richard de Lyngein Emprover desuth Com∣mission nostre tre dout Seigneur le Prince deins le Counte de Hereford, & le Marches ad∣joygnant, a toutz y ceux qui cests Letters ver∣ront ou orront, salutz. Sachez moy aver grant a une Janin de Brompton loyal & leige home nostre Seigneur le Roy, & a ses servants, de vendre & acheter bests & berbez deins le Counte de Here∣ford, & le Marche adjoygnant sans empechement ou arrest de nulluy, come loyal & leige hommes, a son propre use & encrese, sans refreshmente des Rebels de Gales. Et cest ma Lettre serra son Garrant. En tesmoignage de quel chose a y ceste jay mise mon Seal. Don a Lemestre le xi jour de Julet le ann de Regne le Roy Henric. le quart apres le Conquest, quarte.—See 2 Part. Instit. fol. 474.—Quod nullus libere tenens infra Ba∣roniam illam se appruira posset de vasto suo, &c.

Aquage (aquagium, q. aquae agium, i. aquae ductus & aquaegangium)—Non liceat alicui de caetero facere dammas vel fordas aut alia im∣pedimenta in aliquibus landeis watergangiis, fos∣satis sive aquagiis eommunibus in marisco prae∣dicto. Ordinatio Marisci de Romeney facta tempore Hen. 3. & Edw. 1. pag. 72. See Water∣gage.

Arbitrator (Lat.) Is an exttaordinary Judge or Commissioner in one or more Causes, between party and party, chosen by their mu∣tual consents. This Arbitrement is either ge∣neral, that is, including all Actions, Quarrels, and Demands, or Special, which is or one or more Matters, Facts, or Things specified. The Civilians make a difference between Arbiter and Arbitrator: For though they both ground their power upon the comprimise of the parties, yet their liberty is divers. For Arbiter is tied to proceed and judge according to Law, with Equity intermingled; Arbitrator is per∣mitted wholly to his own discretion, without solemnity of Process or Course of Judgment, to hear or determine the Controversie commit∣ted to him; so it be Juxta Arbitrium boni viri. See Alto & Basso.

Arbitrement. See Arbitrator.

Arches Court (Curia de Arcubus) Is the chief and ancientest Consistory that belongs to the Archbishop of Canterbury, for debating Spiritual Causes; and is so called from Bow-Church in London, (dedicated to the Blessed Virgin) where it was kept. And the Church is so called of the fashion of the Steeple or Clochier thereof, whose top is raised of Stone-pillars, built Arch-wise, like so many Bent-Bows.

The Judge of this Court is termed The Dean of the Arches, or The Official of the Arches Court. Dean of the Arches, because with this Officialty is commonly joyned a pe∣culiar Jurisdiction of Thirteen Parishes in London, termed a Deanry, being exempted from the Authority of the Bishop of London, and belonging to the Archbishop of Canterbury, of which, the Parish of Bow is one, and the chief, because the Court was there kept.

The Jurisdiction of this Judge is ordinary, and extends it self through the whole Province of Canterbury. So that upon any Appeal made, he forthwith, and without any further exami∣nation of the Cause, sends out his Citation to the Appealee, and his Inhibition to the Judge, from whom the Appeal was made. Of this read more in Historia de Antiq. Eccles. Britan. And 4 Part. Instit. fol. 337.

Archive (archivum, from arca, a Press or Chest.). The Rolls, or a place wherein Ancient Records, Charters, and Evidences (that be∣long to the Crown and Kingdom) are kept; also the Chancery or Exchequer Office.

Armes (arma) In the understanding of Law, are extended to any thing that a Man wears for his defence, or takes into his hands, or useth in his wrath to cast at, or strike another.

Crompt. Just. of Peace, fol. 65. a. So Armorum appellatio, non utique scuta & gladios, & galeas significat, sed & fustes & lapides.

Armes are also, what we call in Latin Insig∣nia, Ensigns of Honor.

Argentum Dei. Gods-penny, i. Earnest Money, or Money given in earnest: In Lin∣colnshire called Erles.

Arpen or Arpent (Fr.) An Acre or Fur∣long of Ground, the most ordinary one, called L'Arpent de France, is One hundred Perches square, after Eighteen Foot to the Perch. This word is often found in Doomsday, Quatuor Arpenni vineae noviter plantatae. Tit. Middle∣sex.

Array (an old Fr. word) signifies the rank∣ing or setting forth a Jury or Enquest of Men, empannelled upon a Cause. 18 Hen. 6. cap. 14. Hence the Verb to Array a Pannel. An. 3. H. 5. cap. 5. and Old Nat. Br. fol. 157. That is, to set forth the Men empannelled one by an∣other. The Array shall be quashed, ibidem. By the Statute, every Array in Assize ought to be made four days before. Br. tit. Pannel. num. 10. To challenge the Array. Kitchin, fol. 92. See Challenge. To lead and conduct persons armed and arrayed, 14 Car. 2. cap. 3.

Arrayers (arraiatores) Is used in the Sta∣tute, 12 Ri〈…〉〈…〉 cap. 6. for such Officers, as had care of the Soldiers Armor and see them duly accoutred in their kindes. Such were the Com∣missioners of Array, appointed by King Charles the First, in the year 1642. Edw. Dei gratia Rex Angliae, Dominus Hib. & Dux Aquit. di∣lectis & fidelibus suis Johanni de Occlesthorp & Johanni de Fenton, electoribus & Arraiatoribus hominum in Wapentachio de Barkeston salutem. Cum ad repellendam Scotorum maliciam qui regnum nostrum hostiliter sunt ingressi, homicidi∣am, depredationes, incendia & alia mala—citia perpetrando versus partes Marchiae Scotiae, &c. Inde Scoti cum toto posse suo ut pro certo didisci∣mus propè ci••itatem nostram Karleoli ista die Martis se congregare proponunt, &c. Nos consi∣derantes periculum, &c. Omnes homines defen∣sibiles & potentes ad pugnandum ejusdem Wapen∣tagii tam milites quam alii, &c. I. me ipso apud North-Alverton xiii die Junii, Anno regni nostri primo.

Arraine or Arraigne (from the French Arranger, i. to set a thing in order or in his place) hath the same signification in Law: For he is said to Arraine a Writ of Novel Disseisin, who prepares and fits it for Tryal before the Justices of the Circuit, Old Nat. Br. fol. 109. Littleton (pag. 78.) useth the word in the same sence, viz. The Lease arraineth an Assize of Novel Disseizin. To arraign the Assize, is to cause the Tenant to be called, to make the Plaint, and to set the Cause in such order, as the Tenant may be enforced to answer thereto, Coke on Littl. fol. 262. b. Also a Prisoner is said to be arraigned, when he is endicted and brought forth to his Tryal. Arraigned within the Verge upon Murder. Stamf. Pl. Cor fol. 150. The manner of this Arraignment you may read in Sir Thomas Smith de Rep. Angl. lib. 2. cap. 23.—The Learned Spelman is of opinion, it should be written Arrame, from arramare, and that from the old French arramir, i. ju∣ra••e, promittere, solenniter profiteri.

Arrearages (from the Fr. arriere, retrò) The remain of an Accompt, or a Sum of Money remaining in the hands of an Accomptant. It is sometimes used more generally for any Money unpaid at a due time; as Arrearages of Rent.

Arrentation (from the Span. arrendare, q. ad certum reditum dimittere,) Ordin. Forestae, 34 Edw. 1. cap. 6. Signifies the licencing an owner of Lands in the Forest, to enclose them, (Bassa haya & parvo fossato, i. with a low Hedge, and small Ditch; which is according to the Assize of the Forest) under a Yearly Rent. Saving of the Arrentations, Is saving power to give such Licences for a Yearly Rent.

Arrest (Fr. a stop or stay, and is metapho∣rically used for a Decree, or Determination of a Cause debated, or disputed pro and con; as Arrest du Senat. i. Placitum Curiae.) with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice, and a Man stopped, staid, or apprehended for Debt, &c. is said to be Arrested; which may be called The beginning of Imprisonment.

To move or plead in Arrest of Judgment, is to shew cause why Judgment should be staid, notwithstanding the Verdict be given. To plead in Arrest of taking the Enquest upon the former Issue, is to shew cause why an Enquest should not be taken, &c. Brook, tit. Repleader. For preventing Arrests of Judgments, see the Statute, 16 & 17 Car. 2. cap. 8.

Arrestandis bonis ne dissipentur, Is a Writ which lies for him, whose Cattle or Goods are taken by another, who during the controversie, doth, or is like to make them away, and will hardly be able to make satis∣faction for them afterward, Register of Writs, fol. 126.

Arrestando ipsum, qui pecuniam recepit ad proficiscendum in obsequium Regis, &c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars, and hides himself when he should go Register of Writs, fol. 24. b.

Arresto facto super bonis mercatorum alieni∣genorum, &c. Is a Writ which lies for a Deni∣zen, against the Goods of Strangers of any other Countrey, found within this Kingdom, in recompence of Goods taken from him in that Countrey, after he hath been denied re∣stitution there. Register of Writs, fol. 129, a. This among the Ancient Civilians was called Clarigatio, now barbarously Reprisalia.

Arretted, (arrectatus, quasi, ad rectum voca∣tus) That is convented before a Judge, and charged with a crime. It is sometimes used for imputed, or laid unto; as, no folly may be ar∣retted to one under age. Littleton, cap. Re∣mitter. Chaucer useth the Verb Arretteth, i. Layeth blame, as it is interpreted. Bracton

says, Ad rectnm babere Malefactorem, i. To have the Malefactor forth coming, so as he may be charged and put to his Tryal, Lib. 3. tract. 2. cap. 10. And in another place, Recta∣tus de morte hominis, charged with the death of a Man.

Arrura,—Hoc Scriptum factum apud Sut∣ton Courtenay, 20 Dic Dec. 4 Edw. 3. Inter Do∣minum Hugonem de Courtenay ex parte una & Ric. de Stanlake & Johannam uxorem ejus ex altera, testatur, quod idem Dominus Hugo, in excambium—remisit—eisdem Ricardo & Johan∣nae—omnimoda opera, VIZ. Arruras, Messiones & Cariagia, & alia quaecunque opera—Et ipsi non dabunt Medfee, &c. Penes Tho. Wollascot de Sutton praedict. Ar. q. If not here used for Ploughing and Harrowing.

Arthel, (An. 26 H. 8. cap. 6.—And that no person or persons shall hereafter, at any time, cast any thing into any Court within Wales, or in the Lordships Marchers of the same, by the mean or name of an Arthel; by reason whereof the Court may be let∣ted, disturbed, or discontinued for that time, upon pain of, &c.) Is a British word, and is more truly written Arddelw, which the South∣wales men write Arddel, and signifies (accord∣ing to Dr. Davies Dictionary) Astipulari, As¦serere. Vindicare; Assertio, Vindicatio; An∣glicè Avouch. Example, O delir Dyn, 'ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon, i fwrw ei ledrad oddiwrtho. i. It a Man be taken with stoln Goods in his hands, he must be allowed a lawful Arddelw (Vouchee) to cleer him of the Felony. Which is part of the Law of Howel Dda; but pro∣bably was so abused in Henry the Eighths time, by the delay of, or exemption of Felons, and other Criminals from, Justice, that provision by this Statute was made against it. Thus ex∣plicated by the Learned Meredith Lloyd Es∣quire

Articles of the Clergy (Articuli Cleri) Are certain Statutes made touching Persons and Causes Ecclesiastical. Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3.

Assart, (Fr. Essarter, to glade or make Glades in a Wood, to make Plain, to Grub up or clear a ground of Bushes, Shrubs, &c.) Is (according to Manwood, cap. 9. numb. 1.) an offence committed in the Forest, by pluck∣ing up those Woods by the Roots, which are Thickets, and Cover for the Deer, and by making them plain as arable Land; which is the greatest Offence or Trespass that can be done in the Forest, to Vert or Venison, con∣taining as much or more then Waste. For whereas Waste of the Forest, is but the Felling and Cutting down the Coverts, which may grow again: Assart is a Plucking them up, and Destroying them; which is confirmed out of the Red Book in the Exchequer, in these words, Assarta verò occasiones nominantur, quando Forestae nemora vel Dumeta, pascuis & latibulis ferarum oportuna, succiduntur: Quibus succisis & radicitus avulsis, terra subvertitur & excoli∣tur. And again out of Register of Writs, fol. 257. in the Writ Ad quod Damnum, sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest, and to make it several for Tillage. So that it is no offence, if done with Licence. To this Bracton may be added, (Lib. 4. cap. 38.) who saith, That these words Boscus efficitnr Assartum, signifie as much as Redactus ad culturam. Of this you may read more in Cromp. Jursid. fol. 203. and in Charta de Foresta, Anno 9 Hen. 3. cap. 4. where it is written Assert, not Assart. And in Manwood, part. 1. pag. 171. That which we call Assartum, is elswhere termed Disboscatio. Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First, to the Abbot of Rames. Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19.—Et quibusdam Sartis, quae sartaverunt homines ipsius Ecclesiae, &c.

Assart was also anciently used for a parcel of Land assarted, as appears by this Charter of Roger Earl of Mortimer. Sciant praesentes & futuri, quod ego Rogerus de Mortuo mare Dedi & concessi Ade Pistori pro servitio suo tres∣decem acras terrae super Mughedone inter pra∣tum quod fuit Petri Budelli & viam quae vadit per medium Mughedone. Dedi etiam eidem Ade Duo Asarta en la Hope, quae appellantur Or∣drichesruding & Aldicheruding, in quibus A∣sartis continentur quinque acrae ad eandem men∣suram tresdecem acrarum super Mughedone. Ad tenendum de me & haeredibus meis sibi & haere∣dibus suis in feo do & haereditate libere & quiete, Reddendo inde annuatim mihi & haeredibus meis ille & haeredes sui duos solidos ad Festum Sancti Michael. pro omni servitio, salvo servitio Domini Regis. Ut autem haec mea Donatio & concessio firma sit & stabilis, eam, hac cartā meā figillo meo munitâ, confirmavi. Hi is testibus, Ade Salvag. Walt. de novo Menul. &c. Sine dat. Penes Tho. Bridgwater, Gen.

Assault (assultus) Is a violent kinde of in∣jury offered to a Mans person, of a higher nature then Battery; for it may be committed by offering a blow, or by a terrifying speech, (Lamb. Eiren. lib 1. cap. 3.) As to rebuke a Collector with foul words, so that he departed for fear without doing his Office, was taken for an Assault. To strike at a Man, though he were neither hurt nor hit with the blow, was ad∣judged the like. 22 Lib. Ass. Plea. 60. For Assault does not always necessarily imply a hitting, or blow; because in Trespass for Assault and Battery, a Man may be found guilty of the Assault, and excused of the Battery, 25 Edw. 3. cap. 24. The Feudists de∣fine it thus, Assultus est impetus in personam aut locum, sive hoc pedibus fiat, vel equo aut machinis aut quacunque alia re assiliatur. Zasius de Feud. pag. 10. num. 38.

Assach or Assath (An. 1 H. 5. cap. 6.) Was a strange kinde of Purgation used of old in Wales, by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales, and is now abrogated.

Assay of Measures and Weights (from the Fr. Essay, i. a proof or tryal) Is the ex∣amination used by the Clark of the Market. Register of Writs, fol. 279.—Ac Assisam & Assaiam panis, vini & Cervisiae. Paten. 37 Hen. 8. Tho. Marrow.

Assaier of the King (Assaisiator Regis, Fr. assayeur) Is an Officer of the Mint for the due tryal of Silver, indifferently appointed be∣tween the Master of the Mint, and the Mer∣chants that bring Silver thither for exchange. Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed. Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel, Clerico, quod convocatis in prasentia sua omni∣bus monetariis, Assaisiatoribus, custodibus, ope∣rariis & aliis ministris de Cambiis Regis London. & Cantuar. per visum & testimonium illorum provideat, quod tot & tales operarii sint in prae∣dictis Cambiis, qui sufficiant ad operationes regias faciendas, ne Rex pro defectu hujusmodi mini∣strorum dampnum incurrat. T. apud Wudstoke, 10 Junii. Claus. 17 Hen. 3. m. 8.

Assembly unlawful, Is the meeting of three or more persons to do an unlawful act, though they do it not. Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly.

Assessor Fleta, lib. 2. cap. 15. useth it quasi, Ordinator, Collocator, Dispositor) We now use it for him that Assesseth Publick Taxes; as two Inhabitants in every Parish were Assessors for the Royal Ayd, that is, rated every person according to the proportion of his estate. Anno 16 & 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies.

Assets (Fr. Assez, i. satis) Signifies Goods enow to discharge that burden, which is cast upon the Executor, or Heir, in satisfying the Testators or Ancestors debts, or Legacies. In Brook, titulo, Assets par descent, you shall finde, That whoever charges another with Assets, charges him with having enough descended, or come to his hands to discharge that which is in demand. Of this there are two sorts, Assets per descent, and Assets enter mains.

The first is, Where a Man enters into Bond, and dies seised of Lands in Fee-simple, which descend to his Heirs, and are therefore charge∣able as Assets in his hands: But if the Heir alien the Lands, before the Bond be put in suit, he is discharged. Assets enter mains, is when a Man dies indebted, leaving to his Ex¦ecutors sufficient to discharge his Debts and Legacies; this is called Assets in their hands.

Assign (assignare) Hath two significations; one general, as to appoint a Deputy, or to set over a right to another; in which, Britton (fol. 122.) saith, this word was first brought into use in favor of Bastards, because they cannot pass under the name of Heirs, were therefore comprised under that of Assignes. The other special, as to point at, or set forth, viz. To Assign Error, is to shew in what part of the Process Error is committed. To assign ••false Judgment, is to declare how and where the Judgment is unjust. To assign a false Verdict. Old Nat. Br: fol. 17, 19, & 112. To assign Waste, is to shew, wherein especially the Waste is committed. Register of Writs, fol. 72. Assign in the general signification is used, Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words, Justices assigned to take Assizes. And the Substantive Assignment hath the same signification; as the Assignment of a Lease, is the setting over, or transferring the Lessees interest to another.

Assignee, Is he that is deputed or appoint∣ed by another to do any act, or perform any business, or enjoy any commodity; and he may be so, either by Deed, or in Law. As∣signee by Deed, is when a Lessee of a term, sells and assigns the same to another, that other is his Assignee by Deed. Assignee by Law, is he whom the Law so makes, without any ap∣pointment of the person; as an Executor is the Assignee in Law to the Testator, who dies possessed of a Lease made to him and his As∣signes. Perkins (tit. Grants) says, An Assignee is he that possesses, or enjoys a thing in his own right; and Depty, is he that does it in the right of another.

Assise of mort d'auncester (Assisa mortis antecessoris) Lies where my Father, Mother, Brother, Sister, Uncle, Aunt, &c. died seised of Lands, Tenements, Rents, &c. that he had in Fee-simple, and after his death a stranger abates: And it is good as well against the Aba∣tor, as any other in possession. How likewise this is extended, see Bracton, lib. 4. tract. 3. per totum. Britton, cap. 70. F. Nat. Br. fol. 114. Register of Writs, fol. 223.

Assise of darrein presentment (assisa ultimae praesentationis) Lies where I or my Ancestor have presented a Clerk to a Church, and after (the Church being void by his death, or other∣wise) a stranger presents his Clerk to the same Church, in my disturbance. And how other∣wise this Writ is used, see Bracton, lib. 4. tract. 2. Register of Writs, fol. 30. F. Nat Br. fol. 195.

Assise de utrum (assisa utrum) Lies for a Parson against a Lay-man, of a Lay-man against a Parson, for Land or Tenement doubtful, Whe∣ther it be Lay-fee, or Free-alms. And of this s••c Bracton, lib. 4. tract. 5. cap 1. & seq. Britton, cap. 95. The reason why these Writs are cal∣led Assises, may be divers. First, because they settle the Possession, and so an outward right in him that obtains by them. Secondly, They were originally executed at a certain time and place formerly appointed. For by the Norman Law, the time and place must be known forty days before the Justices sit on them: And by our Law there must be likewise fifteen days of preparation, except they be tried in the standing Courts at Westminster, as appears by F. Nat. Br. fol. 177. d, 〈◊〉〈◊〉. Lastly, They may be called Assises, because they are tried most commonly by especial Courts, set and appoint∣ed for the purpose, as may be well proved, not onely out of the Customary of Normandy, but our Books also: Which shew, That in

ancient times Justices were appointed by spe∣cial Commission, to dispatch Controversies of Possession, one or more, in this or that onely County, as occasion fell out, or Disseisins were offered, and that as well in Term time, as out of Term: Whereas of later days, we see that all these Commissions of Assises, of Eyr, of Oyer and Terminer, of Goal-delivery, and of Nisi prius, are dispatched all at one time, by two several Circuits in the year, out of term, and by such as have the greatest sway of Justice, being all of them the Kings Justices of either Bench, Barons o•• the Exchequer, or Serjeants at Law.

Assise, In the second signi sication, ac od∣ing to Littleton, is used for a Jury. For (to use his own example) it is set down in the be∣ginning of the Record of an Assise of Novel Disseisin, Assisa venit recognitura, which is as much as to say, Juratores veniunt recognituri. He gives this reason why the Jury is called an Assise, Because, by Writ of Assise, the Sheriff is commanded, Quod faciat duodecim liberos & legales homines de viceneto, &c. Videre Tene∣mentum illud, & nomina eorum imbrevtari, & quod summoneat eos per bonas summonitiones, quod sint coram Justiciariis, &c. parati inde fa∣cere recognitionem, &c. This is (as if he should have spoken shorter) Metonymia effecti. For they are called the Assises, because they are summoned by vertue of the Writ so termed. And yet the jury summoned upon a Writ of Right, is likewise called the Assise, as himself there confesseth. Which Writ of Right is not an Assise; but this may be said to be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or abusively so termed. Assise in this signification is divided In magnam & parvam. Glanvile, lib. 2. cap. 6 & 7, &c. and Britton, cap. 12. Where it appears, wherein the Great Assise differs from the Petit Assise. The for∣mer four kindes of Assises used in Actions onely Possessory, are called Petit Assises, in respect of the Grand Assise. For the Law of Fees is grounded upon two Rights: One of Posseshon, the other, of Property. And as the Grand As∣sise serves for the Right of Property; so the Petit Assise serves for the Right of Possession. Horns Mirror of Justices, lib. 2. cap. De Novel Disseisin.

Assise in the third signification, according to Littleton; is an Ordinance or Statute of Assise; as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale (Assisa panis & cervisiae) Reg. of Writ, fol. 279. b.

Assise of the Forest (Assisa de Foresta) Is a Statute or Condition, touching orders to be observed in the Kings Forest. Manwood, part. 1. pag. 35. Crompton in the Court of Justices of the Forest, per totum, fol. 146. & seq. And the Assise of the King, Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge. And these are called Assises, because they set down and appoint a certain measure, rate, or or∣der in the things they concern. Of Assise, in this signification, Glanvile also speaks, Lib. 9. cap. 10. in fine. Generaliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia quae inde provenit, vicecomiti debe∣tur. Quae quanta sit, per nullam assisam gene∣ralem determinatum est. And thus much touch∣ing Littletons Division.

But if we mark well the Writers of the Law, we shall finde this word (Assise) more diversly used, then this Author hath noted. For it is sometime used for the measure or quantity it self, (and that per Metonymiam ef∣fecti) because it is the very scantline described or commanded by the Ordinance: For exam∣ple, we say, When Wheat, &c. is of this price, then the Bread, &c. shall be of this Assise. This word is farther taken, for the whole Pro∣cess in Court upon the Writ of Assise, or for some part thereof, as the Issue or Verdict of the Jury. For example, Assises of Novel Disseisin, &c. shall not be taken, but in their Shires, and after this manner, &c. Mag. Char. cap. 12. And so it seems to signifie, Westm. 2. cap. 25. Anno 13 Edw. 1. in these words, Let the Disseisor alleage no false exceptions, whereby the taking of the Assises may be deferred, &c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise; the Assise is arraigned; to aver by the Assise; the Assise by their default shall pass against them. And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants, &c. Lastly, By Merton, cap. 4. Anno 20 Hen. 3. certified by the Assise; quit by the Assise, &c. And in this signification Glanvile calls it Magnam Assisam domini Regis: quae ex duode∣cim ad minus legalium hominum Sacramentis con∣sistit, L. 2. c. 7. Bracton uses it in like sort, as, Assisa cadit in transgressionem, & Assisa cadit in perambulationem L. 4. c. 30, 31. Fleta defines an Assise, in this signification, thus. Assisa in jure possessorio, est quaedam recognitio duodecim hominum juratorum, per quam Justiciarii certiorantur de articulis in brevi contentis. And Assise also, thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an Assise, when onely the Dissesin in question, is put to the tryal of the Twelve; in manner of a Jury, when any exception is ob∣jected to disable the interest of the Disseisee, and is put to be tryed by the Twelve, before the Assise can pass.

Assise in this signification, is taken four ways, Old Nat. Br. fol. 105. The first is As∣sise at large, which is taken as well upon other Points, as upon the Disseisin. For example, where an Infant brings an Assise, and the Deed of his Ancestor is pleaded, whereby he claims his Right or founds his Title, then the Assise shall be taken at large: That is, the Jury shall enquire not onely whether the Plaintiff were disseised, or not, by the Tenant, but also of these Points, viz. Whether his Ancestor were of full age, of good memory, and out of Pri∣son, when he made the Deed, pleaded. An∣other example, You may read in Littleton, cap. Estates upon Condition. The second manner is, when the Tenant, as it were, setting foot to foot with the Demandant, without farther

Assay of Measures and Weights (from the Fr. Essay, i. a proof or tryal) Is the ex∣amination used by the Clerk of the Market. Register of Writs, fol. 279.—Ac Assisam & Assaiam panis, vini & Cervisiae. Paten. 37 Hen. 8. Tho. Marrow.

Assayer of the King (Assaisiator Regis, Fr. assayeur) Is an Officer of the Mint for the due tryal of Silver, indifferently appointed be∣tween the Master of the Mint, and the Mer∣chants that bring Silver thither for exchange. Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed. Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel, Clerico, quod convocatis in praesentia sua omni∣bus monetariis, Assaisiatoribus, custodibus, ope∣rariis & aliis ministris de Cambiis Regiis London. & Cantuar. per visum & testimonium illorum provideat, quod tot & tales operarii sint in prae∣dictis Cambiis, qui sufficiant ad operationes regias faciendas, ne Rex pro defectu hujusmodi ministro∣rum dampnum incurrat. T. apud Wudstoke, 10 Junii, Claus. 17 Hen 3. m. 8.

Assembly unlawful, Is the meeting of three or more persons to do an unlawful act, though they do it not. Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly.

Assessor (Fleta, lib. 2. cap. 15. useth it quasi, Ordinator, Collocator, Dispositor.) We now use it for him that Assesseth Publick Taxes; as two Inhabitants in every Parish were Assessors for the Royal Ayd, that is, rated every person according to the proportion of his estate. An. 16 & 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies.

Assets (Fr. Assez, i. satis) Signifies Goods enow to discharge that burden, which is cast upon the Executor or Heir, in satisfying the Testators or Ancestors Debts, or Legacies. In Brook, titulo, Assets par descent, you shall finde, That whoever charges another with Assets, charges him with having enough descended, or come to his hands to discharge that which is in demand. Of this there are two sorts, Assets per descent, and Assets enter mains.

The first is, Where a Man enters into Bond, and dies seised of Lands in Fee-simple, which descend to his Heirs, and are therefore charge∣able as Assets in his hands: But if the Heir alien the Lands, before the Bond be put in suit, he is discharged. Assets enter mains, is, when a Man dies indebted, leaving to his Executors sufficient to discharge his Debts and Legacies; this is Assets in their hands.

Assign (assignare) Hath two significations; one general, as to appoint a Deputy, or to set over a right to another; in which, Britton (fol. 122.) saith, this word was first brought into use in favor of Bastards, because they cannot pass under the name of Heirs, were therefore comprised under that of Assignes. The other special, as to point at, or set forth, viz. To Assign Error, is to shew in what part of the Process Error is committed. To assign false Judgment, is to declare how and where the Judgment is unjust. To assign a false Verdict. Old Nat. Br. fol. 17, 19, & 112. To assign Waste, is to shew, wherein especially the Waste is committed. Register of Writs, fol. 72. Assign in the general signification is used, Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words, Justices assigned to take Assises. And the Substantive Assignment hath the same signification; as the Assignment of a Lease, is the setting over, or transferring the Lessees interest to another.

Assignee, Is he that is deputed or appoint∣ed by another to do any act, or perform any business, or enjoy any commodity; and he may be so, either by Deed, or in Law. As∣signee by Deed, is when a Lessee of a term, sells and assigns the same to another, that other is his Assignee by Deed. Assignee by Law, is he whom the Law so makes, without any ap∣pointment of the person; as an Executor is the Assignee in Law to the Testator, who dies possessed of a Lease made to him and his As∣signes. Perkins (tit. Grants) says, An Assignee is he that possesses, or enjoys a thing in his own right; and Deputy, is he that does it in the right of another.

Assise, is derived from the French, Assis, i. assessum, locatum, definitum) and is diversly used. Littleton, Cha. Rents, says it is Aequi∣vocum, and sets down three significations of it. One, as it is taken for a Writ, another as it is used for a Jury, the third for an Ordinance. i. Assise is a Writ dir••cted to the Sheriff for Recovery of Possession of things immoveable, whereof your self, or Ancestors have been dis∣seised; and this is as well of things corporal, as incorporeal Rights, being of four sorts, viz.

Assise of Novel Disseisin (Assisa novae Disseisinae) Lies where a Tenant in Fee-simple, Fee-tail, or for Life, is lately disseised of his Lands or Tenements, Rent-service, Rent∣seck, or Rent-charge, Common of Pasture, &c. and divers other such like, of which you may read Glanvile, lib. 10. cap. 2. Bracton, lib. 4. tract. 1. Britton, cap. 70. Reg. of Writs, fol. 197. Fitz. Nat. Br. fol. 177. Westm. 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added, the Bill of Fresh force, which is directed to the Officers or Magistrates of Cities or Towns-corporate, being a kinde of Assise, for Recovery of Possession in such places, within forty days after the force, as the ordinary Assise is in the County, Fitz. Nat. Br. fol. 7.

Assise of Mort d'Auncester (Assisa mortis antecessoris) Lies where my Father, Mother, Brother, Sister, Uncle, Aunt, &c. died seised of Lands, Tenements, Rents, &c. that he had in Fee-simple, and after his death a stranger abates: And it is good as well against the Aba∣tor, as any other in possession. How likewise this is extended, see Bracton, lib. 4. tract. 3. per totum. Britton, cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs, fol. 223.

Assise of darrein presentment (assisa ultimae praesentationis) Lies where I or my Ancestor

have prsented a Clerk to a Church, and after (the Church being void by his death, or other∣wise) a stranger presents his Clerk to the same Church, in my disturbance. And how other∣wise this Writ is used. See Bracton, lib. 4. tract. 2. Register of Writs, fol. 30. Fitz. Nat. Br. fol. 195.

Assise de utrum (Assisa utrum) Lies for a Parson against a Lay-man, or a Lay-man against a Parson, for Land or Tencment doubtful, Whe∣ther it be Lay-fee, or Free-alms. And of this see Bracton, lib. 4. tract. 5. cap. 1. & seq. Britton, cap. 95. The reason why these Writs are cal∣led Assises, may be divers. First, because they settle the Possession, and so an outward right in him that obtains by them. Secondly, They were originally executed at a certain time and place formerly appointed. For by the Norman Law, the time and place must be known forty days before the Justices sit on them: And by our Law there must be likewise fifteen days of preparation, except they be tried in the standing Courts at Westminster, as appears by Fitz. Nat. Br. fol. 177. d, e. Lastly, They may be called Assises, because they are tried most commonly by especial Courts, set and appoint∣ed for the purpose, as may be well proved, not onely out of the Customary of Normandy, but our Books also: Which shew, That in ancient times Justices were appointed by spe∣cial Commission, to dispatch Controversies of Possession, one or more, in this or that onely County, as occasion fell out, or Disseisins were offered, and that as well in Term time, as out of Term: Whereas of later days, we see that all these Commissions of Assises, of Eyr, of Oyer and Terminer, of Goal-delivery, and of Nisi prius, are dispatched all at one time, by two several Circuits in the year, out of term, and by such as have the greatest sway of Justice, being all of them the Kings Justices of either Bench, Barons of the Exchequer, or Serjeants at Law.

Assise, In the second signification, accord∣ing to Littleton, is used for a Jury. For (to use his own example) it is set down in the be∣ginning of the Record of an Assise of Novel Disseisin, Assisa venit recognitura, which is as much as to say, Juratores veniunt recognituri. He gives this reason why the Jury is called an Assise; Because, by Writ of Assise, the Sheriff is commanded, Quod faciat duodecim liberos & legales homines de viceneto, &c. Videre Tene∣mentum illud, & nomina eorum imbreviari, & quod summoneat eos per bonas summonitiones, quod sint coram Justiciariis, &c. parati inde fa∣cere recognitionem, &c. This is (as if he should have spoken shorter) Metonymia effecti. For they are called the Assises, because they are summoned by vertue of the Writ so termed. And yet the jury summoned upon a Writ of Right, is likewise called the Assise, as himself there confesseth. Which Writ of Right is not an Assise; but this may be said to be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or abusively so termed. Assise in this signification is divided In magnam & parvam. Glanvile, lib. 2. cap. 6 & 7, &c. and Britton, cap. 12. Where it appears, wherein the Great Assise differs from the Petit Assise. The for∣mer four kindes of Assises used in Actions onely Possessory, are called Petit Assises, in respect of the Grand Assise. For the Law of Fees is grounded upon two Rights: One of Possession, the other, of Property. And as the Grand As∣sise serves for the Right of Property; so the Petit Assise serves for the Right of Possession. Horns Mirror of Justices, lib. 2. cap. De Novel Disseisin.

Assise in the third signification, according to Littleton, is an Ordinance or Statute of Assise; as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale (Assisa panis & cervifiae) Reg. of Writ, fol. 279. b.

Assise of the Forest (Assisa de Foresta) Is a Statute or Condition, touching orders to be observed in the Kings Forest. Manwood, part. 1. pag. 35. Crompton in the Court of Justices of the Forest, per totum, fol. 146. & seq. And Assise of the King, Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge. These are called Assises, because they set down and appoint a certain measure, rate, or or∣der in the things they concern. Of Assise, in this signification, Glanvile also speaks, Lib. 9. cap. 10. in fine. Generaliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia, quae in de provenit, vicecomiti debe∣tur: Quae quanta sit; per nullam assisam gene∣ralem determinatum est. And thus much touch∣ing Littletons Division.

But if we mark well the Writers of the Law, we shall finde this word (Assise) more diversly used, then this Author hath noted. For it is sometime used for the measure or quantity it self, (and that per Metonymiam ef∣fecti) because it is the very scantline described or commanded by the Ordinance: For exam∣ple, we say, When Wheat, &c. is of this price, then the Bread, &c. shall be of this Assise. This word is further taken, for the whole Pro∣cess in Court upon the Writ of Assise, or for some part thereof, as the Issue or Verdict of the Jury. For example, Assises of Novel Disseisin, &c. shall not be taken, but in their Shires, and after this manner, &c. Mag. Char. cap. 12. And so it seems to signifie, Westm. 2. cap. 25. Anno 13 Edw. 1. in these words, Let the Disseisor alleage no false exceptions, whereby the taking of the Assises may be deferred, &c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise; the Assise is arraigned; to aver by the Assise; the Assise by their default shall pass against them. And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants, &c. Lastly, By Merton, cap. 4. Anno 20 Hen. 3. certified by the Assise; quit by the Assise, &c. And in this signification Glanvile calls it Magnam Assisam domini Regis: quae ex duode∣cim ad minus legalium hominum Sacramentis con∣sistit, L. 2. c. 7. Bracton uses it in like sort, as, Assisa cadit in transgressionem, & Assisa cadit in perambulationem L. 4. c. 30, 31. Fleta defines an

Assise, in this signification, thus. Assisa in jure possessorio, est quaedam recognitio duodecim hominum juratorum, per quam Justiciarii certiorantur de articulis in brevi contentis. And Assise also, thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an Assise, when onely the Disseisin in question, is put to the tryal of the Twelve; in manner of a Jury, when any exception is ob∣jected to disable the interest of the Disseisee, and is put to be tryed by the Twelve, before the Assise can pass.

Assise in this signification, is taken four ways, Old Nat. Br. fol. 105. The first is As∣sise at large, which is taken as well upon other Points, as upon the Disseisin. For example, where an Infant brings an Assise, and the Deed of his Ancestor is pleaded, whereby he claims his Right or founds his Title; then the Assise shall be taken at large: That is, the Jury shall enquire not onely whether the Plaintiff were disseised, or not, by the Tenant, but also of these Points, viz. Whether his Ancestor were of full age, of good memory, and out of Pri∣son, when he made the Deed, pleaded. An∣other example, You may read in Littleton, cap. Estates upon Condition. The second manner is, when the Tenant, as it were, setting foot to foot with the Demandant, without farther circumstance, pleads directly contrary to the Writ, no wrong, no disseisin. The third is, When the Tenant alleageth something by ex∣ception that must be tried by a Jury, before the principal cause can proceed: As if he plead Forein Release, or Forein Matter tryable in another County. For, in this case, the Justices refer the Record to the Court of Common-Pleas, for tryal of the Forein Pleas, before the Dis∣seisin can come to be decussed. Of this sort read divers other examples in Bracton, lib. 4. part. 1. cap 34. For there are of them (as he saith, and Britton also, cap. 52.) both dilatory and peremptory. The fourth and last manner is, Assise of Right of Damages; that is, when the Tenant, confessing an Ouster, and referring it to a Demurrer in Law, whether it were right∣ly done or not, is adjudged to have done wrong. For then shall the Demandant have a Writ to recover damages, called an Assise to recover damages, as also the whole Process.

Assise, is further taken for the Court, place, or time, when and where the Writs and Processes of the Assise are handled or taken: And in this signification Assise is general; as when the Justices go their several Cir∣cuits, with their Commission, to take all As∣sises twice in the year, that is called the Gene∣ral Assise. It may likewise, in this signification, be special; as if an especial Commission be granted to certain persons (as was often done in ancient time, Bracton, lib. 3. cap. 11.) for taking an Assise upon one Disseisin or two; this would be called a Special Assise. And in this very signification, Glanvile uses it, Lib. 9. cap 12. See Cokes, 4 Inst. fol. 158.

Concerning the General Assise, in the most usual signification, thus the Learned Sir Fr. Bacon.

ALl the Counties of this Realm (says he) are divided into six Circuits, and two Learned Men are assigned by the Kings Commission to every Circuit, who ride twice a year through those Shires allotted to that Circuit; these we call Justices or Judges of Assise, who have five several Commis∣sions by which they sit.

The first is a Commission of Oyer and Ter∣miner directed to them, and many others of the best account in their Circuits. But in this Com∣mission the Judges of Assise are of the Quorum; so as without them, there can be no proceeding. This Commission gives them power to deal with Treasons, Murders, and all manner of Felonics and Misdemeanors; and this is their largest Commission.

The second is of Goal Delivery, and that onely to the Judges themselves, and the Clerk of the Assise Associate; by this Commission they are to deal with every Prisoner in Goal, for what offence soever he be there.

The third Commission is directed to themselves onely, and the Clerk of Assise, to take Assises, by which they are called Justices of Assise; and the Office of these Justices, is to do right upon Writs called Assise, brought before them by such as are wrongfully thrust out of their Lands.

The fourth Commission is to take Nisi Prius, directed to none but the Judgee themselves, and their Clerks of Assises; by which they are called Justices of Nisi Prius.

The fifth is a Commission of Peace in every County of their Circuit. And all the Justices of Peace, having no lawful impediment, are bound to be present at the Assises, to attend the Judges, as occasion shall fall out; if any make default, the Judges may set a Fine upon him at their plea∣sure and discretions. The Sheriff of every Shire is also to attend in person, or by a sufficient De∣puty, allowed by the Judges, who may Fine him, if he fail, &c. See more in Sir Fr. Bacons Use of the Law, fol. 13. usque 21.

Assisa Continuanda, Is a Writ directed to the Justices assigned to take an Assise, for the continuance of the Cause, in case where certain Records alleaged, cannot in time be procured by the party that would use them, Reg. of Writs, fol. 217.

Assisa Proroganda, Is a Writ directed to the Justices of Assise, for stay of proceeding, by reason of the Kings business, wherein the party is employed. Reg. of Writs, fol. 208, & 221.

Assisors, (assisores) sunt qui Assisas condunt, aut taxationes imponunt. Spelman. In Scotland (according to Skene) they are the same with our Jurors, and their Oath is this.

We shal leil suith say, And na suith conceal, far na thing we may, Sa far as we are charg'd upon this Assise, Be God himself, and be our part of Paradise. And as we wil answear to God, upon The Dreadful day of Dome.

Association (associatio) Is a Patent sent by the King (either of his own motion, or at the suit of the Plaintiff) to ••ustices appointed to take Assises of Novel Disseisin, or of Oyer and Terminer, &c. to take others unto them, as Fel∣lows and Collegues in that affair. The examples, and sundry uses hereof you may finde in Fitz-Nat. Br. fol. 185 & 111. But more particularly in Reg. of Writs, fol. 201, 206, 223.

Assoile (absolvere) Signifies to deliver, par∣don, or set free from an Excommunication. Stamf. Pl. Cor. fol. 72. to this effect; otherwise the Defendant should remain in prison, till the Plaintiff were assoiled; that is, delivered from his Excommunication. So in 1 Hen. 4. cap. 10. Mention being made of King Edward the Third, it is added, Whom God assoil. Henric. Duc de Lancastre, Count de Leicestre, de Derby & de—Senescal Dengletre, A touts ceux que ceste endentnre verront ou orront salut en Dieu, Come nostre chere & bien ame cousin John de Blount eit en nostre mein renduz seissaunte acres de terre ou les appurtenances en Salford en nostre Ducbee de Lancastre les quels il avoit a luy & a ses Heirs du don & Feofment nostre tres honore Seigneur & pere, que Dieu assoile, &c. Dat. 30 Edw. 3.

Assumpsit (from Assumo) Is a voluntary promise made by word, whereby a man assumes or takes upon him to pay or perform any thing to another. This word comprehends any verbal promise made upon consideration, which the Civilians express diversly, according to the nature of the promise, calling it sometimes Pactum, sometimes Promissionem, Pollicitationem, or Constitutum.

Astrihilthet or Atrihilthet. (Sax.) Hi qui pacem Regis habent, vel manu vel brevi, ei fideles existant—Qui si nimis confidens in pace quam habet, per superbiam alicui forisfecerit, damnum restauret & iterum tantundem, quod Angli vocant Astrihilthet. LL. divi Edwardi, cap. 30. See Hovedon, pag. 606.

Atia. See Odio & Atia.

At large. See Verdict at large Littl. fol. 98. To vouch at large, Old Nat. Br. fol 108. To make title at large. Kitchin, fol. 68. See Bar.

Attache, (attachiare. From the Fr. attacher, i. figere, nectere, alligare) Signifies to take or apprehend by Commandment or Writ. Lamb. (in his Eiren. lib. 1. cap. 16.) makes this differ∣ence between an Arrest, and an Attachment, that an Arrest proceeds out of an Inferior Court by Precept, and an Attachment out of higher Courts, by Precept or Writ; and that a Precept to Arrest, hath these formal words, Duci facias, &c. And a Writ of Attachment these, Praecipimus tibi quod attachies talem & habeas cum coram nobis, &c. Whereby it ap∣pears, that he, who Arrests, carries the party Arrested to another higher person to be dis∣posed of forthwith; he that attacheth, keeps the party attached, and presents him in Court at the day assigned in the Attachment. Yet an Attachment sometimes issues out of a Court Baron, which is an Inferior Court, Kitchin, fol. 79. There is another difference, in that an Arrest lies onely upon the Body of a Man, and an Attachment sometimes on his Goods; which makes it in that particular differ from a Capias, in being more general: For, a man may be attached by an hundred Sheep (Kitchin, fol. 263.) but the Capias takes hold of the Body onely. See Skene, Verbo, Attachiamentum.

Attachment by Writ, differs from a Distress or Distringas in this, That an Attachment reacheth not to Lands, as a Distress doth, and that a Distress toucheth not the Body (if it be properly taken) as an Attachment doth, yet are they divers times confounded, as may ap∣pear by Glanvil, lib. 10. cap. 3. and Fleta, lib. 2. cap. 66. Howbeit, in the most common use, an Attachment is an apprehension of a Man by his Body, to bring him to answer the Action of the Plaintiff. A Distress, without a Writ, is the taking of a Mans Goods for some real cause, as Rent, Service, or the like, whereby to force him to Replevy, and so to be Plaintuff in an Action of Trespass against him that distrained him. See Distress.

Attachment out of the Chancery, is had of course, upon an Affidavit made, That the De∣fendant was served with a Subpaena, and appears not, or issueth upon not performing some Order or Decree. After the return of this Attachment by the Sheriff, Quod non est inventus in Baliva sua—Another Attachment with Proclama∣tion issues out against him; and if he appears not thereupon, then a Writ of Rebellion. West. part. 2. Symbol, tit. Proceedings in Chancery.

Attachment of Priviledge, Is by vertue of a Mans Priviledge, to call another to that Court, whereto he himself belongs; and in respect whereof he is priviledged, to answer some Action. New Book of Entries. Verbo, Priviledge, fol. 431.

Forein Attachment, Is an Attachment of Goods or Money, found within a Liberty or City, to satisfie some Creditor of his within such City or Liberty. And, by the Custom of some places, as London, &c. a Man may attach Money or Goods in the hands of a Stranger, whilest he is within their Liberty. As if A ows B 10 l. and C ows A 10 l. B may attach this 10 l. in the hands of C, to satisfie himself for the Debt due from A. See Calthrops Re∣ports, pag. 66.

There is likewise an Attachment of the Forest, which is one of the Three Courts there held; The lowest is called the Attachment; the mean, Swainmote; the highest, the Justice in Eyrs seat. This Court of Attachment seems to be so called, because the Verderors of the Forest have therein no other Authorty, but to receive the Attachments of Offenders against Vert and Venison, taken by the rest of the Officers, and to enrol them, that they may be presented or punished at the next Justice Seat. Manwood, part. 1. pag. 93. And this Attaching is by three means, By Goods and Chattels; by Body, Pledges, and Mainprize, or by the Body onely. The Court is kept every Forty

days throughout the year See Crompton in his Court of the Forest. The diversity of Attach∣ments you may see in Register of Writs, under the word Attachiamentum, in Indice.

Attaint (attincta) As it is a Substantive, is used for a Writ, that lies after Judgment, against a Jury, that hath given a false Verdict in any Court of Record (be the Action Real or Personal) if the Debt or Damages surmount the sum of 40 s. What the Form of the Writ is, and how in use, is expressed in Fitz. Nat. Br. fol. 105. and New Book of Entries, fol. 84. The reason why it is so called, is because the party that obtains it, endeavors thereby to touch or stain the Jury with Perjury, by whose Verdict he is grieved: And if the Verdict be found false, then the Judgment anciently was, That the Jurors Meadows should be ploughed up, their Houses broke down, their Woods grubbed up, and all their Lands and Tenements forfeited to the King: But if it pass against him that brought the Attaint, he shall be im∣prisoned and grievously ransomed at the Kings Will. See Glanvile, lib. 2. cap. 19. Smith de Repub. Angl. lib. 3 cap. 2. 11 Hen. 7. cap. 21 & 23 Hen. 8. cap. 3. In what diversity of Cases this Writ is brought, see Reg. of Writs in Indice. It was anciently called Breve de Con∣victione. See Coke on Littl. fol. 294. b.

Attainted (attinctus) Is used particularly for such as are found guilty of some crime or offence, and especially of Felony or Treason. Yet a Man is said to be attainted of Disseisin. Westm. 1. cap. 24, & 36. Anno 3 Edw. 1. And so it is taken in French, as Estre attaint & vayn∣cu en aucun case, i. to be cast in any case. Britton. cap. 75. uses the Participle Attaint, in the sence we say attained unto. A Man is attainted by two means, by Appearance, or by Process. Stanf. Pl. Cor. fol. 44. Attainder by Appearance is by Confession, by Battle, or by Verdict. Confession (whereof Attaint grows) is twofold; one at the Bar before the Judges, when the Pri∣soner, upon his Indictment read, being asked guilty or not guilty, answers guilty, never put∣ting himself upon the Jury; the other is, be∣fore the Coroner in Sanctuary, where he upon his Confession, was, in former times constrain∣ed to abjure the Realm, which kinde also, of the effect, is called Attainder by Abjuration, Stanf. fol. 182. Attainder by Battle, is when the party, appealed by another, and chusing to try the truth by Combat, rather then by Jury, is vanquished. Attainder by Verdict, is when the Prisoner at the Bar, answering not guilty to the Indictment, hath an Enquest of Life and Death passing upon him, and is, by their Ver∣dict, pronounced guilty. Idem, f. 108 & 192. At∣tainder by Process, otherwise called Attainder by Default, or Attainder by Outlary, is where a party flies, or doth not appear, until he hath been five times called publickly in the County Court, and at last upon his default is pronounced or returned Outlawed. The same Author (fol. 108.) makes a difference between Attainder and Con∣viction; with whom agrees the Statute, Anno 34 & 35 Hen. 8. cap. 14. and Anno 1 Edw. 6. cap. 12. in these words, That then every such Offender, being duly thereof convicted or attainted by the Laws of this Realm, &c. And I finde by Stanf. (Pl. Cor. fol. 66.) That a Man by our ancient Laws, was said to be con∣victed presently upon the Verdict (guilty,) but not to be attainted, until it appeared he was no Clerk, or being a Clerk, and demanded by his Ordinary, could not purge himself. And in one word it appears, That Attainder is larger then Conviction; Conviction being onely by the Jury: And Attainder is not before Judgment. Perkins, Grants, num. 27, 29. Yet it appears by Stanf. fol. 9. that Conviction is sometimes called Attainder: For there he says, the Verdict of the Jury does either acquit or attaint a Man. And so it is, Westm. 1. cap. 14. This ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy.

Attainder (attincta and attinctura) Is when a Man hath committed Treason or Felony, and after Conviction, Judgment hath passed upon him. The Children of a person Attainted of Treason cannot be Heirs to him, or any other Ancestor. And if he were noble and gentle be∣fore, he and his posterity are made base and ignoble: This corruption of Blood cannot be salved, but by Act of Parliament. See At∣tainted, and Felony.

Attendant (attendens) Signifies one that ows a duty or service to another, or depends on him. For example, there is Lord, Mesn, and Tenant, the Tenant holds of the Mesn by a penny, the Mesn holds over by two pence: The Mesn releases to the Tenant all the right he hath in the Land, and the Tenant dies; his Wife shall be endowed of the Land, and she shall be Attendant to the Heir of the third part of the penny, and not of the third part of the two pence. For she shall be endowed of the best Possession of her Husband. And, where the Wife is endowed by the Guardian, she shall be At∣tendant to the Guardian, and to the Heir at his full age. Kitchin, fol. 209. With whom agrees Perkins in Dower, 424.

Attermining.—Also such as will pur∣chase attermining of their Debts shall be sent into the Exchequer. Ordinatio de liber∣tatibus perquirendis. Anno 27 Edw. 1. It comes from the Fr. Attermoye, i. That hath a term or time granted for the payment of a debt. So in this Statute, it seems, to signifie the Purcha∣sing or gaining a longer time for payment of a debt. Atterminent quaerentes usque in proximum Parliamentum, Westm. 2. cap. 24.

Atturney (atturnatus) Is he that is ap∣pointed by another Man to do any thing in his stead; as much as Procurator or Syndicus in the Civil Law. West defines them thus, Atturneys are such persons as by the Consent, Commandment, or Request of others, see to, and take upon them the charge of their business, part. 1. Symbol. lib. 2. sect. 559. In ancient time, those of Authority in Courts, had it in their power, whether to

suffer men to appear, or sue by another then themselves, as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attor∣nato faciendo, where it is shewed, That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them; but it is since provided by Statutes, that it should be lawful so to do, without any such circuit, as appears by 20 Hen. 3. cap. 10.—6 Edw. 1. c. 8.—27 ejusdem, Stat. 2.—12 Edw. 2. cap. 1.—15 ejusdem, cap. unico.—7 Rich. 2. cap. 14.—7 Hen. 4. cap. 13.—3 Hen. 5. cap. 2.—15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register, wherein the King by his Writ commands the Judges to admit of At∣turneys; whereby there grew at last so many unskilful Atturneys, and so many mischiefs by them; that for restraining them, it was enacted (4 Hen. 4. cap. 18.) that the Justices should ex∣amine them, and displace the unskilful. And again, (33 Hen. 6. cap. 7.) that there should be but a certain number of them in Norfolk and Suffolk. In what cases a Man at this day may have an Atturney, and in what not, see Fitz. ubi supra.

Atturney is either general, or special. At∣turney General is he, who by general Authority is appointed to manage all our Affairs or Suits; As the Atturney General of the King, which is as much as Procurator Caesaris was in the Roman Empire. Atturney General of the Duke. Cromp. Juris. fol. 105. Atturney Special or Particular, is he that is employed in one or more causes particularly specified; of whom you may read more at large in Glanvile, lib. 11. cap. 1. and Britton, cap. 126. There are also, in respect of the divers Courts, Atturneys at large, and Atturneys special, belonging to this, or that Court onely. The name is borrowed of the Normans, as appears by the Customary, cap. 65. Our old Latin word for it, seems to be Respon∣salis. Bracton, lib. 4. cap. 31.

Atturney of the Court of the Dutchy of Lan∣caster (Atturnatus Curiae Ducatus Lancastriae) Is the second Officer in that Court, and seems, for his skill in Law, to be there placed as As∣sessor to the Chancellor of that Court, being for the most part some Honorable Person, and chosen rather for some especial trust, reposed in him, to deal between the King and his Te∣nants, than for any great Learning; as was u∣sual with the Emperors of Rome, in the choice of their Magistrates.

Attournment (from the Fr. Tourner, i. ver∣tere) Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life, and he in Reversion, grants his right to another, it is necessary the Tenant for Life agree thereto, which is called Attornment, without which no∣thing passeth by the grant. But if the Grant be by Fine in Court of Record, he shall be com∣pelled to Attourn. Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these, I agree me to the Grant made to you, or (more commonly) Sir, I attourn to you by force of the same Grant; or, I become your Tenant, or de∣liver to the Grantee a penny by way of At∣tournment. Littl. lib. 3. cap. Attournment, where you may finde divers other Cases, where∣to Attournment appertains, and that it is the transposing those duties, which the Tenant owed his former Lord, to another, as his Lord. Attournment is either by word, or by act, vo∣luntary or compulsory, by the Writ Per quae servitia, (Old Nat. Br. fol. 155.) or sometimes by Distress. Fitz. Nat. Br. fol. 147. It may be made to the Lord himself, or to his Steward in Court. Kitchin, fol. 70. There is Attournment in Deed, and Attournment in Law. Coke, vol. 6. fol. 113. a. Attournment in Law is an Act, which though it be no express Attournment, yet in intendment of Law, it is of equal force. Coke on Littl. fol. 309.

Atturnato faciendo vel recipiendo, Is a Writ, which a Man owing sute to a County, Hundred, or other Court, and desiring to make an Atturney to appear for him there (whom he doubts the Sheriff or Steward will not otherwise admit) purchaseth, to command him to receive such a Man for his Atturney, and admit his appearance by him. The form and other Circumstances whereof. See in Fitz. Nat. Br. fol. 156.

Avage or Avisage, Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex, upon St. Leonards day, 6 Novemb. pays to the Lord, viz. for every Pig under a year old ob; for every yearling Pig 1 d, and for every Hog above a year old 2 d, for the priviledge of Pawnage in the Lords Woods. Tob. Edmonds, Gen. Senescal. ibidem.

Audience Court (Curia Audientiae Can∣tuariensis) Is a Court belonging to the Arch∣bishop of Canterbury, of equal authority with the Arches, though inferior, both in Dignity, and Antiquity, and is held in the Archbishops Palace. Of which, you may read more in a Book, entituled, De Antiquitate Ecclesiae Bri∣tannicae Historia, and 4 Inst. fol. 337.

Audiendo & terminando, Is a Writ, or rather a Commission directed to certain persons, when any Insurrection or great Misdemeanor is committed in any place; for the appeasing and punishment thereof, of which, you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer.

Audita querela, Is a Writ that lies against him, who, having taken a Statute-Merchant, or Recognisance in the nature of a Statute Sta∣ple, or a Judgment or Recognisance of another, and craving, or having obtained execution of the same from the Major and Bailiffs, before whom, it was entred; at the complaint of the party, who entred the same, upon suggestion of some just cause, why Execution should not be granted, as a Release, or other Exception. This Writ is granted by the Lord Chancelor of England (upon view of the Exception sug∣gested) to the Judges of either Bench, willing them to grant Summons to the Sheriff of the County, where the Creditor is, for his appear∣ance

at a certain day before them. See more in Old. Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102.

Auditor (Lat.) Is an Officer of the King, or some other great personage, who yearly, by examining the Accompts of all under Officers accomptable, makes up a general Book; which shews the difference between their Re∣ceipts or Charge, and their Allowances, com∣monly called Allocations. As namely, the Au∣ditors of the Exchequer take the Accompts of those Receivers, who receive the Revenues of the Augmentation, as also of the Sheriffs, Es∣cheators, Collectors, and Customers. Of which, see the Statute 33 Hen. 8. c. 83. and 4 part. Inst. fol. 106.

Auditor of the Prests or Imprests, Are also Officers in the Exchequer, who take and make up the great Accompts of Ireland, Ber∣wick, the Mint, and of any Money imprested to any Man for His Majesties service. See Practise of the Exohequer, p. 83.

Auditor of the Receipts, Is an Officer of the Exchequer who Files the Tellers Bills, and makes an Entry of them, and gives in every week to the Lord Treasurer, a Certificate of the Money received. He makes also Debentures to every Teller, before they pay any Money, and takes their Accompts. See 4 part. Inst. fol. 107.

Aventure (rectiùs adventure) Is a mis∣chance causing the death of a Man, without Felony; as when he is suddenly drowned or burnt, by any disease or mischance, falling in∣to the Water or Fire. Britton, cap. 7. where you may read how it differs from Misadventure, which see.

Avenage (Fr.) A certain quantity of Oats paid to a Land-lord in lieu of some other du∣ties, or as a Rent from the Tenant.

Avenor (from the Fr. avene, i. Oats) Is an Officer of the Kings, who provides Oats for his Stable; and is mentioned Anno 13 Car. 2. cap. 8.

Avera (quasi overa, à Gal. ouvre, & ouvrage, velut operagium) In Doomsday, Grentbrigsh, Rex Fordham, sed tamen semper inveniat Averam vel 8 d. in Servicio Regis. That is, a days work of a Ploughman, or 8 d. 4 Inst. fol. 269.

Average (averagium, from Averia, i. Cat∣tle) Signifies Service which the Tenant ows the King, or other Lord, by Horse or Ox, or by Carriage with either; For in ancient Charters of Priviledges, we finde Quietum esse de Ave∣ragiis. Others probably derive it from the French (euvrage or euvre, i. opus) It hath two significations: First, Rastal mentions the Kings Averages, which I take to be the Kings carriage by Horse or Cart. Then, Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others, do proportionably make towards their losses, who have their Goods cast into the Sea for the safeguard of the Ship, or of the Goods and Lives of them in the Ship, in time of a Tem∣pest. And this contribution seems to be so cal∣led, because it is proportioned after the rate of every Mans Average, or Goods carried. In this last sence, it is also used in the Statute 14 Car. 2. cap. 27.

Average, Is also a little duty, which those Merchants, who send Goods in another Mans Ship, do pay to the Master of it, for his care of them, over and above the Freight; for in Bills of Lading it is expressed—Paying so much Freight for the said Goods, with Frimage and A∣verage accustomed.

Averiis captis in Withernam, Is a Writ, for taking Cattle to his use, who hath his Cattle unlawfully taken by another, and driven out of the County where they were taken, that they cannot be Replevied. Reg. of Writs, fol. 82. When mention is made of one Beast, we say, Quidam equus, vel quidam bos; when of two or more, we do not say Equi or boves, but tot averia.

Averment (verificatio) From the Fr. Ave∣rer, i. verificare, testari) Signifies commonly an offer of the Defendant, to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action; and it signifies the Act, as well as the offer of justifying the Exception. For, Anno 34 Edw. 1. Stat. 2. The Dema••••∣ant will offer to aver by the Assise or Jury, &c. In the English Nat. Br. fol. 57. These Er∣rors shall be tryed by Averment, &c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment, to say, that, &c. Averment is twofold, viz. general and particular; a gene∣ral Averment, which is the conclusion of every Plea to the Writ, or in Bar of Replications, and other Pleadings (for Counts or Avowries in nature of Counts, need not be averred) con∣taining matter Affirmative, ought to be averred, with an hoc paratus est verificare, &c. Particular Averment, is when the life of Tenant for Life, or Tenant in Tail is averred, &c. And an A∣verment contains as well the matter as the Form thereof. Coke on Littl. fol. 362. b.

Averpeny (quasi average-peny) Is Money contributed towards the Kings averages, or Money given to be freed thereof. Rastals Ex∣position of words. Averpeny, hoc est, quietum esse de diversis Denariis pro averagiis Domini Regis.

Augmentation (augmentatio) Was the name of a Court, erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament; to this end, that the King might be justly dealt with, touching the profit of such Religious Houses and their Lands, as were given him by Act of Parliament the same year, not Printed. For dissolving which Court, there was authority given Queen Mary, by the Par∣liament held the first of Her Reign. Sess. 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent. The Court took name from this, That the Revenue of the Crown was thought to be much augmented by the suppressi∣on of the said Houses, many of which, the King reserved to the Crown.

Avisage. See Avago.

Aulneger. See Alnager.

Aumone, (Fr. aumosne, i. an Alms) Tenure in Aumone, is a Tenure by Divine Service; so says Britton, fol. 164. As when Lands or Tene∣ments are given in Alms, to some Church or Religious House, with Condition, that some Service or Prayers shall be offered at certain times, for the good and quiet of the Donors Soul, or otherwise. See Frank Almoin.

Aumonier (Fr. Aumosnier.) See Alm∣ner.

Auncel-weight (quasi Hand-sale weight, or from Ansa, i. The handle of the ballance) Is a kinde of weight with Scales hanging, or Hooks fastned at each end of a Beam or Staff, which a Man lifted up upon his fore-finger or hand, and so discerned the equality or differ∣ence between the weight, and the thing weighed. In which, because there was wont to be great deceit, it was forbidden 25 Edw. 3. Stat. 5. cap. 9. 34 Ejusdem, cap. 5. and 8 Hen. 6. cap. 5. And the even ballance onely commanded; notwithstanding it is still used in some parts of England. By a Constitution made by Henry Chicheley, Archbishop of Canterbury, Anno 1430. Pro abolitione ponderis vocati Le Auncel weight seu Scheft seu Pounder, &c. (Doloso quodam staterae genere) qui utitur Excommuni∣candus.

Auncient Demeasn. See Ancient De∣measn.

Avoidance hath two significations; the one when a Benefice becomes void of an Incumbent; the other, when we say in Pleadings in Chancery, confessed or avoided, traversed, or denied, &c. See Voidance.

Avowè (advocatus) Britton (cap. 29.) saith, That Avowè is he to whom the right of Ad∣vowzen of any Church Appurtains; so that he may present thereunto in his own name: And is called Avowè, for a difference from those that sometime present in another Mans name, as a Guardian that presents in the name of his Ward; and for a difference also from those, who have the Lands, whereto an Advowzen appertains, but onely for term of their lives, or of years, by Intrusion or Disseisin. See Advowè.

Avowry (Fr. Advouerie) Is where one takes a Distress for Rent, or other thing, and the other sues Replevin, then the taker shall justifie in his Plea for what cause he took it; and if he took it in his own right, he ought to shew that, and so avow the taking, which is called his Avowry. But if he took it in the right of another, then, when he has shewed the Cause, he shall make Conusance of the taking, as Bailiff or Servant to him in whose right he did it. Terms of the Law. Anno 21 Hen. 8. cap. 19. For the more speedy and effectual proceeding upon Distresses and Avowries for Rents, see the Stat. 17 Car. 2. cap. 7.

Avoir du pois (Fr. avoir du poids, i. Ha∣bere pondus, aut justi esse ponderis) Signifies, First, a kinde of weight different from that which is called Troy-weight, containing but Twelve ounces to the pound, whereas this hath Sixteen. And in this respect it is (probably) so called, because it is of more weight then the other. 2. It signifies such merchandises as are weighed by this weight, and not by Troy-weight, as in the Statute of York, 9 Edw. 3. in Proaem. 27 Edw. 3. Stat. 2. cap. 10. and 2 Rich. 2. cap. 1. See Weights.

Aurum Reginae. Rot. Pat. Anno 52 Hen. 3. in. 26. See Queen-Gold.

Austureus, A Goshawk; whence we usual∣ly call a Faulkoner, who keeps that kinde of Hawks, an Ostringer. Some ancient Deeds have reserved Unum Austurcum, as a Rent to the Lord.

Await (13 Rich. 2. cap. 1. It is Ordained, That no Charter of Pardon from thence∣forth shall be allowed before any Justice for Murder, or for the Death of a Man, stain by Await, Assault, or Malice prepensed, Lreason or Rape of a Woman, unless the same be specified in the Charter, &c.) Seems to signifie that which we now call Way-laying, or lying in Wait.

Award (from the Fr. agarder) Propriè est Judicium ejus, qui nec à lege nec à Judice da∣tur, ad dirimendam litem, sed ab ipsis litiganti∣bus eligitur. Is the judgment of him, who is chosen by two or more parties at variance, to determine the Controversie between them. Dictum, quod ad custodiendum seu observandum partibus imponitur. Spel.

Awm (1 Jac. cap. 33. and 12 Car. 2. cap. 4.) A Measure of Rhenish-wine, containing forty Gallons: Yet I finde in a very old Printed Book thus—The Rood of Rhenish-wine of Dordreyght is ten Awames, and every A∣wame is fifty Gallons. Item, the Rood of Antwarp is xiiij Awames, and every Awame is xxxv Gallons.

Auxilium ad filium militem faciendum et filiam maritandam, Was a Writ directed to the Sheriff of every County, where the King or other Lord had any Tenants, to levy of them reasonable Aid, towards the Knighting His Son, and the Marriage of His eldest Daugh∣ter. See Aid. Fitz. Nat. Br. fol. 82. and An. 12 Car. 2. cap. 24.

Ayd. See Aid.

B.

BAchelor (bachalaureus) of the Fr. Bacha∣lier, i. tyro.) Whence I gather, those, that are called Bachelors of the Companies in London, are such of each Company, as are springing towards the estate of those that are employed in Council, but as yet are inferiors. For every Company of the Twelve, consists of a Master, two Wardens, the Livery, (which are Assistants in Matters of Council, or at the least, such as the Assistants are chosen out of) and the Bachelors, who are yet but in expectance of Dignity among them, and have their Function

onely in attendance upon the Master and War∣dens.

Bachelor was anciently attributed to the Lord Admiral of England, if he were under a Baron. This word is used, Anno 13 Rich. 2. Stat. 2. cap. 1. and signifies as much as Knight-Batchelor does, 3 Edw. 4. cap. 5. that is, a Simple Knight, not a Knight Baneret, or Knight of the Bath.

Sachez nous Roger de Mortimer Seigneur de Wygemore avoir donne & grante a nostre chier Bachiler, Monseur Robert de Harley, pour son bon service & pour cent livres de argent, la garde du Corps Gilbert Filz & heir Sir Johan de Lacy, ensemblement ove le marriage mesmes celuy Gil∣bert deyns age esteant en nostre garde, &c. Donne a Penebrugge l'an du regne le Roy Edward Filz le Roy Edward unzyme. See Baneret.

Backberend (Sax.) Signifies bearing upon the back, or about a Man. Bracton uses it for a sign or circumstance of manifest theft, (called by the Civilians Furtum manifestum) which he defines thus, Ubi latro deprehensus est seisitus de aliquo latro••imio, sc. Handhabend & Back∣berend, & insecutus fuerit per aliquem cujus res illa fuerit, Lib. 3. tract. 2. cap 32. Manwood (2 pa. For. Laws) Notes it for one of the four Circumstances or Cases, wherein a Forester may arrest the Body of an Offender against Vert or Venison in the Forest. For by the Assise of the Forest of Lancaster (says he) taken with the manner, is, when one is found in the Kings Forest in any of these four degrees. Stable Stand, Dog-draw, Back-bear, and Bloody-hand. Which see in their proper places.

Badger (from the Fr. Bagagier, i. A Carrier of Luggage) Signifies with us one that buys Corn or Victuals in one place, and carries it to another, to make profit by it. See Cromptons Just. of Peace, fol. 69, 70.

Bail (from the Fr. noun Bail, i. A Guardi∣an or Goaler) Is properly used for the free∣ing or setting at liberty of one arrested or im∣prisoned upon Action, either Civil or Crimi∣nal, under surety taken for his appearance at a day and place certain. Bracton, lib. 3. tract. 2. cap. 8. num. 8 & 9. The reason why it is called Bail, is, Because by this means the party Re∣strained, is delivered into the hands of those that bind themselves for his forth-coming. There is both common and special Bail; Common Bail is in Actions of small prejudice or concern∣ment, being called Common, because any Sure∣ties in that case, are taken; whereas in Causes of greater weight, as Actions upon Bond or Specialty, Special Bail or Surety must be taken, as Subsidy Men at least, and they ac∣cording to the value. Manwood, in his first part of Forest Laws, pag. 167. says, there is a great diversity between Bail and Mainprise: For he that is Mainprised, is always said to be at large, and to go at his own Liberty out of Ward, from the time he is Mainprised, till the day of his appearance: But otherwise it is, where a Man is let to Bail by four or two Men, by the Lord Chief Justice in Eyre, until a cer∣tain day; for there he is always accounted by the Law, to be in their Ward, and custody for the time: And they may, if they will, keep him in Ward or Prison. So that he who is so bailed, shall not be said by the Law, to be at large, or at his own liberty. See Lamb. Eiren lib. 3. cap. 2. pag. 330. Bail is also a certain Limit within the Forest, as it is divided into the charges of several Foresters. Crompton in the Oath of Bow-bearer, fol. 201. See Mainprise, and 4 Instit. fol. 178.

Bailiff (Balivus) As the name, so the Office it self in ancient time was answerable to that of France, where there are Eight Parlia∣ments, which are high Courts, whence lies no Appeal; and within the Precincts of those se∣veral parts of that Kingdom, which belong to each Parliament, there are several Provinces, to which Justice is ministred by certain Officers called Bailiffs. So in England we see many several Counties, in which, Justice hath been ministred to the Inhabitants by the Officer, whom we now call Sheriff or Vicount (the one name descending from the Saxons, the other from the Normans.) And though I cannot ex∣presly prove, That this Sheriff was ever called a Bailiff, yet it is probable that was one of his names also; because the County is often called Baliva, a Bailywick. As namely, in the Re∣turn of a Writ, Non est inventus in Baliva mea, &c. Kitchin Returna Brevium, fol. 285. And in the Sheriffs Oath, the County is called his Bailiwick. I think the word Bailiff used in Magna Chart. cap. 28. and 14 Edw. 3. Stat. 1. cap. 9. compriseth as well Sheriffs as Bailiffs of Hundreds. But as the Realin is divided into Counties, so every County is again divided in∣to Hundreds; within which, it is manifest, that in ancient time the Kings Subjects had justice ministred to them by the several Officers of every Hundred, which were called Bailiffs, as those Officers do in France and Normandy, being cheif Officers of Justice within every Province. Grand Customary of Norm. cap. 1. And it appears by Bracton (lib. 3. tract. 2 cap. 34. num. 5.) that Bailiffs of Hundreds might hold Plea of Appeal and Approvers. But since that time these Hundred Courts (certain Franchises excepted) are by the said Statute of 14 Edw. 3. swallowed into the County Courts, as you may read in County and Hundred. And now the Bailiffs name and office is grown into such contempt, at least these Bailiffs of Hundreds, that they are now but bare Mes∣sengers and Mandataries within their Liberties, to serve Writs, and such vile Offices; for which see Crompt. Just. of Peace, fol. 49. a. Yet is the name otherwise still in good esteem; for the chief Magistrates in divers Corporate Towns, are called Bailiffs, as of Ludlow, Leominster, &c. And again, there are certain persons to whom the Kings Castles are commit∣ted, who are called Bailiffs, as the Bailiff of Dover Castle.

These ordinary Bailiffs are of two sorts, Bailiffs Errant, and Bailiffs of Franchises. Bai∣liffs

Errant (Balivi Itinerantes) are those whom the Sheriff appoints to go up and down the County to serve Writs, Summon the County Sessions, Assises, and such like. Bailiffs of Franchises (Balivi Franchesiarum aut Liberta∣tum) are those who are appointed by every Lord within his Liberty, to do such Offices therein, as the Bailiff Errant does at large in the County. Of these read Sir Tho. Smith de Repub. Angl. lib. 2. cap. 16. There are also Bailiffs of the Forest (Manwood, part. 1. pag. 113.) and Bailiffs of Husbandry, belonging to private Men of good Estates, who are so called, be∣cause they dispose of the under servants, every Man to his labor and task, check them for mis∣doing their business, gather the profits to their Lord and Masters use, and deliver an account thereof at the years end, or otherwise as it shall be called for.

The Office or Duty of a Bailiff of a Manor, or Houshold (which in ancient time seems to have been all one.) Fleta well describes, Lib. 2. cap. 72 & 73. The word Balivus is derived from Baal, i. Dominus; quia Balivi Dominan∣tur suis subditis, quasi corum Magistri & Do∣mini.

Bailiff of the Moot. See Moot.

Bale (Fr.) A Pack, or certain quantity of Merchandise; as a Bale of Spicery, of Books or Thred. I finde the word in the Statute 16 Rich. 2. cap. 1. and still in use. And Ballot (Fr.) a little Pack.

Balenger Seems to have been a kinde of Barge, or Water-vessel, by the Statute 28 H. 6. cap. 5.

Baliva. Statute of Marlbridge, 52 Hen. 3. cap. 2.—Ubi Balivam habeat vel jurisdictionem. Here Baliva is well expounded by the Statute it self; for in this place it signifies Jurisdicti∣on. Cokes 2 Inst. fol. 105.

Balivo amovendo, Is a Writ to remove a Bailiff out of his Office, for want of sufficient living within his Bailiwick. Reg. of Writs, fol. 78.

Balkers or Balcors. See Conders.

Ban or Bans (Bannum) from the British Ban, i. Clamor, Is a Proclamation or publick notice given of any thing. This word Bans we use in publishing Matrimonial Contracts in the Church, before Marriage, to the end, If any Man can speak against the intention of the parties, either in respect of Kinred, Pre-con∣tract, or otherwise, they may take their Ex∣ception in time. And in the Canon Law, Banna sunt Proclamationes sponsi & sponsae in Ecclesiis fieri solitae. Yet our word Banning seems to come thence, being an Exclamation or Cursing. Bracton mentions Bannus Regis, for a Procla∣mation or Silence made by the Court, before the Congress of the Champions in a Combat, Lib. 3. tract. 2. cap. 21.—In terra suae ditionis Bannum, i. Interdictum misit, quod est prohibitio, ut nullus fur vel latro esset, &c. Hist. Norm. edit. Anno 1619, fol. 85. b.

Bane, (from the Sax. bana, A Killer or Murderer) Signifies the destruction or over∣throw of any thing; As I will be the Bane of him, is a common saying: And he who was the cause of another Mans drowning, is said to be Labane, i. Malefactor. Bracton, l. 2. tract. 8. cap. 1.

Baneret, (Banerettus, Eques vexillarius, or Miles vexilliferus) Is a Knight made in the Field, with the Ceremony of cutting off the point of his Standard, and making it a Banner, according to Sir Tho. Smith in his Repub. Angl. Others add, That Blood must be first drawn in the Field. They are allowed to display their Arms in a Banner in the Kings Army, as Barons do. Camden in his Britan. fol. 109. hath these words, Baneretti, cum Vassalorum no men jam desierat, a Baronibus secundi erant; quibus in∣ditum nomen a Vexillo, Concessum illis erat Mili∣taris virtutis ergo quadrato vexillo (perinde ac Barones) uti, unde & Equites Vexillarii à non∣nullis vocantur, &c. Some maintain a Baneret ought not to be made in a Civil War, but I finde in Sir Rich. Bakers Chron. fol. 260. That Henry the Seventh made divers Banerets upon the Cornish Commotion in the year 1495. Of creating these Knights, read Seagar-Norroy his Book, Lib. 2. cap. 10. and Seldens Titles of Honor, fol. 799. That they are next to Barons in Dignity, appears by the Statute 14 Rich. 2. c. 11. and 5 Rich. 2. Stat. 2. cap. 4. They were ancient∣ly called by Summons to the Parliament. And we finde that a Baneret, for Praying a Pardon for a Murderer contrary to the Statute, is sub∣ject to the same punishment with a Baron, 13 Rich. 2. Stat. 2. cap. 1. Will. de la Pole was created Baneret by Edward the Third, by Letters Patent, Anno Regni sui 13. Memb. 13. Those Banerets, who are created sub Vexillis Regiis, in exercitu Regali, in aperto bello, & ipso Rege personaliter praesente, explicatis, take place of Baronets; as appears by the Letters Patent for Creation of Baronets. See Cokes 4 Inst. fol. 6.

Bank (Lat. Bancus, Fr. Banque) Hath two significations; the first, (and that most noble) is a Seat or Bench of Judgment, as Bank le Roy, the Kings Bench, Bank de Common Plees, the Bench of Common Pleas, or the Common Bench, called also in Latin Bancus Regius & Bancus Communium Placitorum. The second is a Bank, where a great sum of Money is let out to use, returned by exchange, or otherwise disposed to profit. Jus Banci, or the Privi∣ledge of the Bench, was anciently allowed onely to the Kings Judges, Qui summam admini∣strant justitiam; for Inferior Courts, such as Court Barons, and Hundred Courts, were not allowed that Priviledge. Since, at this day, the Hundred Court of Freibridge, in Norfolk, is held under an Oak at Geywood; and the Court for the Hundred of Woolsey in Herefordshire, is held under an Oak near Ashton in that County, which is called the Hundred Oak. See Free-Bench.

Bankrupt (quasi Bancus ruptus) Because when the Bank or Stock is broken or exhausted, the owner is said to be a Bankrupt, Anno

34 Hen. 8. cap. 4. and 1 Jac. 15. He is thus do∣scribed.

ALl and every such person and persons using, or that shall use the Trade of Merchandise, by way of Bargaining, Exchange, Bartery, Chevisance, or otherwise in Gross, or by seeking his, her, or their Trade of Living by Buying and Selling, and being a Subject born of this Realm, or any the Kings Dominions, or Deni∣zen, who at any time since the First day of this present Parliament, or at any time hereafter shall depart the Realm, or begin to keep his other House or Houses, or otherwise, to absent him or herself, or take Sanctuary or suffer him or her∣self willingly to be arrested for any debt or other thing, not grown or due, for Money delivered, Wares sold, or any other just or lawful cause, or good consideration or purposes, or hath or will suffer him or herself to be outlawed, or yield him or herself to prison; or willingly, or fraudu∣lently hath, or shall procure him or herself to be arrested, or his or her Goods, Money, or Chattels to be attached, or sequestred, or depart from his or her Dwelling-house, or make or cause to be made any Fraudulent Grant, or Conveyance of his, her, or their Lands, Tenements, Goods, or Chattels, to the intent, or whereby his, her, or their Creditors, being Subjects born, as afore∣said, shall, or may be defeated or delaid for the recovery of their just and true Debt; or being Arrested for Debt, shall, after his or her Ar¦rest, lye in Prison Six Moneths, or more, upon that Arrest, or any other Arrest or Detention in Prison for Debt, and lie in Prison Six Moneths upon such Arrest or Detention, shall be accounted and adjudged; a Bankrupt to all intents and purposes.

But by Act 14 Car. 2. cap. 23. it is provided, That no person whatsoever, who shall adven∣ture in the East-India, or Guiney Company, or in the Royal Fish Trade, shall be esteemed a Merchant or Trader within any Statute for Bankrupts, or lyable to the same.

Bannum et Banleuga, A Territory, Pre∣cinct, or the utmost Bounds of a Mannor or Town; so it is used 47 Hen. 3. Rot. 44. Carta Canuti Regis Coenobio Thorneiae—Notum facio, me eleemosinam nostram Christo concessisse & omnibus Sanctis suis—viz. primo terram illam à Twiwella usque Thorney, ubi Bannum nostrum cessat.

Banishment (Fr. Bannissement) Hath a known signification; but there are two kindes of it, one voluntary and upon Oath, whereof you may read Abjuration; the other upon com∣pulsion for some offence or crime; as if a Lay∣man succor him, who, having taken Sanctuary for an offence, obstinately refuses to abjure the Realm, he shall lose his life, if a Clerk do so, he shall be banished. Stamf. Pl. Cor. fol. 117.

Barator. See Barrator.

Barbican (Barbicanum) A Watch-Tower, Bulwark, or Brest-work. Mandatum est Johanni de Kilmyngton Custodi Castri Regis & Honoris de Pickering, quoddam Barbicanum ante portam Castri Regis praedicti muro lapideo, & in eodem Barbicano quandam portam cum ponte versatili, &c. de novo facere, &c. T. Rege, 10. Aug. Claus. 17 Edw. 2. m. 39.

Barcaria or Barcarium, A Sheep-coat, and sometimes a Sheep-walk. M. S. de Placit. Ed. 3. See Bercaria.

Bard a lias Beard. See Clack.

Bargain and Sale, Is properly a Contract made of Mannors, Lands, and other things, transferring the property thereof from the Bar∣gainer to the Bargainee, which ought to be in con∣sideration of Money; it is a good Contract for Land, &c. and the Fee passeth, though it be not said in the Deed (To have and to hold, to him and his heirs,) and though there be no Livery and Seisin given by the Vendor; so it be by Deed indented, sealed, and enrolled, either in the County where the Land lies, or in one of the Kings Courts of Record at West∣minster, within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release, with∣out either Livery or Enrolment.

Barkary (barkaria, corticulus) A Tan-house, Heath-house, or House to keep Bark in. New Book of Entries, tit. Assise corp. Polit. 2.

Baron (baro) Hath divers significations. First it is a degree of Nobility next a Vis∣count. Bracton (Lib. 1. cap. 8. numb. 4.) says, Sunt & alii Potentes sub Rege, qui dicuntur Ba∣rones, quasi, robur belli. In which signification it agrees with other Nations, where Baroniae are as much as Provinciae. So as Barons are such as have the Government of Provinces, as their Fee holden of the King, some having greater, some lesser authority within their Territories. Yet it is probable, that of old here in England, all those were called Barons that had such Seig∣niories or Lordships, as we now call Court Barons, who are at this day called Seigneurs in France: And the Learned in our Antiquities, have informed us, That not long after the Con∣quest, all such came to the Parliament, and sate as Peers in the Lords House. But when by experience it appeared, that the Parliament was too much thronged with such multitudes, it was in the Reign of King John ordained, That none but the Barones Majores should for their extraordinary wisdom, interest, or quality, be summoned to Parliament. After that, again Men seeing this estate of Nobility to be but casual, and depend meerly upon the Princes pleasure, they sought a more certain hold, and obtained of the King Letters Patent of this Dignity, to them, and their Heirs-male; who were called Barons by Letters Patent, or by Creation, whose posterity are now by inheri∣tance, and true descent of Nobility, those Barons that are called Lords of the Parliament, of which kinde, the King may create at his plea∣sure.

Nevertheless, there are yet Barons by Writ, as well as Barons by Letters Patent. Those Ba∣rons who were first by Writ, may now justly also be called, Barons by Prescription, for that

they and their Ancestors have continued Barons, beyond the Memory of Man. The original of Barons by Writ, Camden (in his Britan. pag. 109.) refers to Henry the Third. Barons by Letters Patent, or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor, fol. 687. Ferns Glory of Generosity, pag. 125, 126. To these Seager (lib. 4. cap. 13. Of Honor, Civil, and Military) adds a third kinde of Baron, calling them Barons by Tenure, which are some of our Ancient Barons, and likewise the Bishops, who, by vertue of Baronies annexed to their Bishopricks, always had place in the Lords House of Parliament, and are termed Lords Spiritual.

Baron in the next signification, is an Officer, as Barons of the Exchequer, of whom, the prin∣cipal is called Lord chief Baron (Capitalis Baro,) and the three other are his Assistants in Causes of Justice, between the King and his Subjects, touching matters appertaining to the Exchequer, and the Kings Revenue. The Lord Cheif Baron, is the cheif Judge of the Court, and in Matter of Law, Information and Plea answers the Bar, and gives order for Judgment thereupon. He alone in the Term time sits upon Nisi prius, that come out of the Kings Remembrancers Office, or out of the Office of the Clerk of the Pleas, which cannot be dispatched in the mornings for want of time. He takes Recognizances for the Kings Debts, for appearances and observing orders. He takes the presentation of all the Officers in Court under himself, and of the Lord Major of London, and sees the Kings Remem∣brancer give them their Oaths. He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made be∣fore him, by the Auditors. He gives the two Parcel-makers places by vertue of his Office.

The second Baron, in the absence of the Lord cheif Baron, answers the Bar and takes Re∣cognizances as aforesaid. He gives yearly the Oath to the late Major of London, for the true accompt of the profits of his Office. He takes certain Receivers accompts, and examines the Letters and Sums of such Sheriffs Forein Ac∣compts; as also the Accompts of Escheators and Collectors of Subsidies and Taxes, as are brought him by the Auditor of the Court.

The third Baron, in the absence of the other two, answers the Bar and takes Recognizances as aforesaid. He gives yearly the Oath to the late Major and Gawger of London for his true accompting. He also takes certain Receivers Accompts, and examines the Letters and Sums of such of the former Accomptants, as are brought unto him.

The fourth Baron, is always a Cursitor of the Court; at the days prefixed, he takes Oath of all High Sheriffs, and their Under Sheriffs, Bailiffs, and other Accomptants, for their true accompting. He takes the Oath of all Collectors, Comptrollers, Surveyors, and Searchers of the Custom-houses, that they have made true En∣trances in their Books. He apposeth all Sheriffs upon their Summons of the Pipe in open Court; and informs the rest of the Barons of the Course of the Court, in any Matter that con∣cerns the Kings Prerogative. He likewise ex∣amines such Accompts as are brought to him.

These Barons of the Exchequer are ancient Officers; for I finde them named in Westm. 2. cap. 11. Anno 13 Edw. 1. and they are called Barons, because Barons of the Realm were wont to be employed in that Office. Fleta, lib. 2. cap. 24. Their Office is to look to the Ac∣compts of the Prince, and to that end, they have Auditors under them; as also to decide all Causes appertaining to the Kings Revenue, coming into the Exchequer by any means; as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem, Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 & 14 ejusdem, cap. 11. Whereupon they have been of late persons learned in the Laws, whereas in ancient time they were Majores & Discretiores in Regno, sive de Clero essent, sive de Curia.

There are also Barons of the Cinque Ports, Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns, Hastings, Winchelsey, Rye, Rumney, Hithe, Dover, and Sandwich, who have places in the Commons House of Parliament. See Seldens Titles of Honor at large, sol 687. & seq.

Baron in the third signification, is used for the Husband in relation to his Wife.

The cheif Magistrates of London were also called Barons, before there was a Lord Major, as appears by the City Seal, as also by their ancient Charters—Henricus (3) Rex. Sciatis nos concessisse & hac pr••senti Carta nostra confir∣masse Baronibus nostris de Civitate nostra Lon∣don. quod elegant sibi Mayer de seipsis singulis annis, &c. See Spelmans Gloss. at large upon this word.

Baronet (Baronettus) Is a dignity or de∣gree of Honor which hath precedency before all Banerets, Knights of the Bath, and Knights-Batchelors, except such Banerets as are made Sub vexillis Regiis, in exercitu Regali, in aperto bello & ipso Rege personaliter pr••sente.

This Order of Baronets, King James crea∣ted in the year 1611. with such precedency as abovesaid, and other priviledges, &c. as may appear in Rot. Fat. 10 Jac. part. 10. m. 8. & 14 Jac. par. 2. m. 24., with an Habendum sibi & Haeredibus masculis, &c. See Baneret. Where Baronets are mentioned in our old Statutes and ancient Authors, it is mistaken for Banerets, 2 Inst. fol. 667. And Seldens Titles of Honor, fol. 736.

Barony (Baronia) Is the Dignity, Terri∣tory, and Fee of a Baron; under which no∣tion, are comprehended not onely the Fees and Lands of Temporal Barons, but of Bishops al∣so, who have two estates, one as they are Spi∣ritual Men, by reason of their Spiritual Reve∣nues and Promotions, as was the Tribe of Levi among the Israelites. The other grew from the bounty of our English Kings, whereby they have Baronies, and Lands so called, and are thereby Barons or Lords of Parliament.

This Barony (as Bracton says, Lib. 2. cap. 34.) Is a right indivisible; and therefore, if an Inheritance be to be divided among Copar∣ceners, though some capital Messuages may be divided, yet, Si capitale Messuagium sit caput Comitatus, vel caput Baroniae, they may not be parcelled. The reason is, Ne sic caput per plu∣res particulas dividatur, & plura jura Comita∣tuum & Baroniarium deveniant ad nihilum, per quod deficiat regnum, quod ex Comitatibus & Baroniis dicitur esse constitutum. The Mannor of Burford in the County of Salop, was found by Inquisition, capt 40 Edw. 3. Teneri de Rege ad inveni••ndos 5 homines pro Ex••rcitu Walliae, & per servitium▪ Baroniae, and the Lord thereof (Sir Gilbert Cornwal) is called Baron of Bur∣ford; but is no Baron of Parliament.

Barrator or Barater (Fr. Barateur, i a Deceiver) Is a common mover or maintainer of Suits, Quarrels, or Parts, either in Courts or elswhere in the Country, and is himself never quiet, but at variance with one or other. Qui cum Terentiano Davo omnia perturbat. To this purpose read Lamb. Eiren. pag. 342. who says also, That Barrettor (for so he writes it) may come from the Latin Baratro or Balatro, a vile Knave, or 〈…〉〈…〉hrift; and by a Metaphor, a Spot in a Commonwealth See the Statute of Champerty, 33 Edw. 1. Stat. 2. and Westm. 1. cap. 32. Skene, in the word Barratry, says, That Barrators are Symonists, so called of the Italian word Barrataria, signifying Corruption or Bribery in a Judge, giving a false sentence for Money; whom you may read more at large, as also Hortensius Cavalcanus, in his Tract. de Brachio Regio, parte 5. num. 66.

Barraster (Barrasterius, Repagularis Causi∣dicus.) See Utter-Barraster.

Barre (Fr. Barriere or Barre) Signifies legally a destruction for ever, or taking away for a time the action of him that hath right; and it is called a Plea in Bar, when such a Bar is pleaded. Coke on Littl. fol. 372. Plowden, in Colthirsts Case, fol. 26 & 28. And Brook, tit. Barre, num. 101. and 5 Hen. 7. fol. 29.

This word is also used for a Material Bar, as the place where Serjeants at Law or Coun∣sellors stand to plead Causes in Court, or Pri∣soners to answer their Indictments; whence our Lawyers, who are called to the Bar, or Licensed to plead (in other Countreys called Licenciati) are termed Barrasters, 24 Hen. 8. cap. 24. See Blank-bar.

Bar Fee, Is a Fee of xx d, which every Prisoner, acquitted of Felony, pays to the Goaler, Crompt. Just. of Peace, fol. 158.

Barrel, Is a Measure of Wine, Oyl, &c. containing the eighth part of a Tun, the ••ourth of a Pipe, and the moyety of a Hogshead, that is, Thirty one Gallons, and a half, Anno 1 Rich. 3. cap. 13. But the quantity of this Ves∣sel seems to differ according to the Liquor; for a Barrel of Beer contains Thirty six Gal∣lons, the Kilderkin Eighteen, and the Firkin Nine. A Barrel of Ale Thirty two Gallons, the Kilderkin Sixteen, and the Firkin Eight. Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23.—The said Assise of 32 Gallons of Wine∣measure, which is about 28 Gallons of old Standard, well packed, and containing in every Barrel usually, a thousand full Herr∣ings, at least, is, and shall be taken for good, true, and lawful Assise of ••erring Barrels. Anno 13 Eliz. cap. 11.

Barriers (Fr. Barrieres) Signifies with us, that which the French call (Jeu de Barres, i. Palaestram) A Martial Exercise of Men, armed and sighting together with short Swords, with∣in certain Bars or Rails, whereby they are se∣vered from the Beholders; now disused.

Barter (from the Span. Baratar, i. To sell cheap, or to deceive or cheat in Bargaining) Signifies with us to exchange one commodity for another, to truck Wares for Wares. Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive, 13 Eliz. cap. 7. The reason may be, because they that chop and change in this manner, do endeavor for the most part, one to over-reach, or deceive the other. See Barrator.

Barton, In Devonshire, and the West of England. Is used for the Demesn Lands of a Mannor; for the Mannor-house it self; and in some places for Out-houses, and Fold-yards. In the Statute 2 & 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synoni∣ma's. See Berton.

Base Court, (Fr. Cour Basse) Is any Co••rt, not of Record, as the Court Baron. Of this read Kitchin, fol. 95, 96, &c.

Base Fee. See Base Estate.

Base Estate (Fr. Bas Estat) Signifies, that Estate which Base Tenants have in their Lands. Base Tenants are those (according to Lamb. verbo, Paganus) who perform inferior Villanous service to their Lords. Kitchin, fol. 41. makes Base-tenure and Frank-tenure to be contraries, and puts Copiholders in the number of Base Tenants; whence it may be gathered, that every Base Tenant holds at the will of the Lord, yet that there is a difference between a Base Estate and Villenage; which Fitzherbert in his Nat. Br. fol. 12. seems to confound. For to hold in pure Villenage, is to do all that the Lord will command him. So that if a Copiholder have but Base Estate, he, not holding by the per∣formance of every Commandment o•• his Lord, cannot be said to hold in Villenage. Whether it may be said, That Copiholders are, by custom and continuance of time, grown out of that extream servitude, wherein they were first created, I leave to others of better Judgment, since Fit••••. (loco ••itato) says, Tenure by Copy is but of late time.

Basels (Baselli) A sort of Coyn, al••olish∣ed by Hen. 2. Anno 1158. This year the King altered his Coyn, abrogating certain peeces called Basels. Hollinsh. pag. 67.

Baselard or Basillard, In the Stat. 12 R. 2. cap. 6. signifies a Weapon; which Mr. Speight, in his Exposition upon C••aucer, calls Pugionem vel sicam.

Bastard (Bastardus, from the British Ba∣stardd,

i. nothus,) Is he or she that is born of any Woman not married, so that the Childes Father is not known by the order of Law, and therefore is called Filius Populi.

Cui pater est populus, pater est sibi nullus & omnis: Cui pater est populus, non habet ipse patrem.

Such Bastard cannot inherit Land as Heir to his Father, nor can any person inherit Land as Heir to him, but one that is Heir of his Body. Littl. Sect. 401.

If the Childe be begotten by him that does marry her after the Childes Birth, yet it is in Judgment of Law, a Bastard, though the Church holds it legitimate. Stat. 20 Hen. 3, 9. and 1 Hen. 6. 3. Coke on Littl. 244.

If a Man take a Wife, who is great with Childe by another, who was not her Husband, it shall be said the Childe, and may be the Heir of the Husband, though it were born but one day after the Espousals solemnized.

If one marry a Woman, and die before night, and never Bed her, and she have a Childe after, it seems it shall be accounted his Childe, and Legitimate. See the English Lawyer, 117.

If a Man or Woman▪ marry a second Wife or Husband, the first being living, and have issue by that second Wife or Husband, such issue is a Bastard. 39 Edw. 3. 14. 7 Hen. 4. 49. 18 Edw 4. 26.

If a Woman elope with a Stranger, and hath a Childe by him, her Husband being infra quatuor maria, this is Legitimate, and shall inherit the Husbands Land. 44 Edw. 3. 10. 7 Hen 4. 10.

The punishment of the Mother and reputed Father of a Bastard. Anno 18 Eliz. cap. 3.

He that gets a Bastard in the Hundred of Middleton, in Com. Kent, forfeits all his Goods and Chattels to the King. M S. de temp. Edw. 3. Before the Statute 2 & 3 Edw. 6. cap. 21. one was adjudged a Bastard, Quia filius Sacerdotis. Int. Plac. de temp. Joh. Reg. Lincoln. 42.

Bastardy (Fr. Bastardage) Signifies a defect of Birth, objected to one born out of Wedlock. Bracton. lib. 5. cap. 19. How Bastardy is to be proved, or to be enquired in∣to, if it be pleaded. See Rastals Entries, tit. Bastardy, fol. 104. And the Stat. 9 Hen. 6. cap. 11. Kitchin, fol. 64. mentions Bastardy Special, and Bastardy General. The difference whereof is, That Bastardy General is a Certificate from the Bishop of the Diocess to the Kings Justices, after such enquiry made, that the party enqui∣red of, is a Bastard, or not a Bastard, upon some question of Inheritance. Bastardy Spe∣cial is a Suit commenced in the Kings Court, against him that calls another Bastard; so termed, because Bastardy is the principal case in tryal, and no inheritance contended for. Whereby it appears, that in both these signifi∣cations, Bastardy is rather taken for an exami∣nation or tryal, whether a Mans Birth be de∣fective or illegitimate, than for Bastardy it self. See Brook tit. Bastardy, and Dr. Ridleys Book, pag. 203, 204.

Baston (Fr.) A Staff, Club, or Cowlstaff. But in our Statutes it signifies one of the War∣den of the Fleets Servants or Officers, who at∣tends the Kings Courts with a Red Staff, for taking such to Ward as are committed by the Court. Anno 1 Rich. 2. cap. 12. 5 Eliz. cap. 23. See Tifstaff.

Batable Ground, Was the Land lying be∣tween England and Scotland, heretofore in question, when they were distinct Kingdoms, to which it belonged, Anno 23 Hen. 8. cap. 6. and 32 Ejusdem, cap. 6. As if we should say, Litigious or Debatable Ground; for by that name Skene calls Ground that is in Debate or Controversie betwixt two. Cam. Brit. tit. Cum∣berland.

Battel (Fr. Battaile) Signifies a Tryal by Combat: The manner whereof, being long, full of Ceremonies, and now difused, we must refer you to Glanvile, lib. 2. cap. 3, 4, 5. Bracton, lib. 3. tract. 2. cap. 21. fol. 140. Britton, cap. 22. Smith de Rep. Angl. lib. 2. cap. 7. and lib. 3. c. 3. Coke on Littl. fol. 294. And on Westm. 1. fol. 247. See Combat.

Battery (from the Fr. Batre, i. to strike, or Sax. batte, i. fustis) Is a violent striking, or beating a Man; who (in regard it tends to the breach of the Peace) may therefore either indict the other party, (whereby he is Fineable to the King) or have his Action of Trespass, of Assault and Battery, against him, (for every Battery implies an Assault) and recover so much in Costs and Damages, as the Jury will give him, which Action will lie as well before as after the Indictment. But if the Plaintiff made the first assault, then the Defendant shall be quit, and the Plaintiff shall be amerced to the King for his false Suit. In some Case a Man may justifie the beating another in a moderate manner, as the Parent his Childe, the Master his Servant or Apprentice, &c. This the Civi∣lians call Injuriam personalem.

Batus (Sax. bat) A Boat. And Batellus, a little Boat.—Concessit etiam idem Hugo Wake pro se & Hered. suis, quod praedictus Abbas & Suc∣cessores sui & Ecclesia sua de Croyland habeant tres Batellos in Harnolt, &c. Charta. Edw. 1. 20 ••ulii. 18 Regni. See Libera Batella.

Bay or Pen, Is a Pond-head made up of a great height to keep in store of Water; so that the Wheels of the Furnace or Hammer be∣longing to an Iron Mill, may be driven by the Water coming thence, through a Passage or Flood-gate, called the penstock. Also, a Harbor where Ships ride at Sea near some Port. The word is mentioned Anno 27 Eliz. cap. 19.

Beacon (from the Sax. Beacen, i. signum, vel symbolum) Anno 8 Eliz. cap. 13. is well known. Hence Beaconage, Money paid to∣wards the maintenance of a Beacon; and we still use the word to becken, from the Saxon beacnian, to nod unto, or signifie. See the Statute 5 Hen. 4. And Dors. Pat. 28 Hen. 6. par. 2. m. 21. Pro signis Anglicè Beacons & Vigiliis.

Bede or Bead (Sax. Bead, a Prayer;) so that to say Ones Beads, is to say Ones Prayers.

They were most in use before Printing, when poor people could not go to the charge of a Manuscript Prayer-Book. These are mention∣ed in 27 Hen. 8. cap. 26. and 3 Jao. cap. 5.

Bearding alias Barding of Wool. See Clack.

Bearors—Justices of Assie shall enquire, bear, and determine of Mainteynors, Bearors, and Conspirators, and of those that commit Champarti, &c. Anno 4 Edw. 3. cap. 11. such as bear down or oppress others; maintainers.

Beasts of Chase (Ferae Campestres) Are five; the Buck, the Doe, the Fox, Martron and Roc. Manwood, 1 Part. pag. 342. and 2 Part. cap. 4. num. 2.

Beasts of the Forest (Ferae Sylvestres) Are the Hart, Hind, Hare, Bore, and Woolf. Man∣wood, part. 2. cap. 4. num. 1.

Beasts and Fowls of Warren, Are the Hare, Coney, Pheasant, and Partridge. Manw. part. 2. cap. 4. num. 3.

Beastials. See Bestials.

Beau-pleader (Fr. Beau-plaider, i. To plead fairly) Is a Writ upon the Statute of Marlbridge, 52 Hen. 3. cap. 11. whereby it is provided, That neither in the Circuit of Justi∣ces, nor in Counties, Hundreds, nor Courts Baron, any Fines shall be taken of any Man for Fair pleading, that is, for not pleading fairly or aptly to the purpose; upon which Statute, This Writ was ordained against those that vio∣late the Law herein. See Fitz. Nat. Br. fol. 270. whose Definition is to this effect. The Writ upon the Statute of Marlbridge for not Fair Pleading lies where the Sheriff, or other Bailiff in his Court, takes Fine of the Party, Plain∣tiff, or Defendant; for that he pleads not fair∣ly, &c. And it was as well in respect of the Vicious Pleading, as of the Fair Pleading by way of amendment. 2 Part. Inst. fol. 122.

Bedel (Bedellus, Sax. bydel) A Cryer or Messenger of a Court, the Keeper of a Prison or House of Correction, an under Bailiff of a Mannor. Manwood, par. 1. fol. 221. says, A Beadle is an Officer or Servant of the Forest, who makes all manner of Garnishments of the Courts of the Forest, and all Proclamations, as well within the Courts, as without, and ex∣ecutes all the processes of the Forest; he is like a Bailiff Errant of a Sheriff in a County. Edgarus interdicit omnibus ministris suis, id est, Vicecomitibus, Bedellis, & Balivis in Patria Gir∣virorum—Ne introeant fines & limites dicti Marisci. Ingulphus Hist. Croyl.

Bedelary, Is the same to a Bed••l, as Bai∣liwick to a Bailiff. Littl. lib. 3. cap. 5.

Bederepe alias Bidrepe (Sax.) Is a ser∣vice, which some Tenants were anciently bound to perform, viz. To repe their Land-lords Corn at Harvest, as some yet are tied to give them one, two, or three days work, when they are called—Debent venire in Antumpno ad precariam quae vocatur a le Bederepe. Pla. in Crast. Pur. 10 Hen. 3. Rot. 8.

Benefice (beneficium) Is generally taken for any Ecclesiastical Living, or Promotion, be it Dignity, or other; As Anno 13 Rich. 2. Stat. 2. cap. 2. where Benefices are divided into Elective and Donative. So is it used in the Canon Law. Duarenus de Beneficiis, l. 2. cap. 3.

Beneficio primo Ecclesiastico habendo, Is a Writ directed from the King to the Chan∣cellor, to bestow the Benefice that shall first fall in the Kings gift, above or under such a value, upon this or that Man. Reg. of Writs, fol. 307. b.

Benerth, Was a Service which the Tenant rendred to his Lord with his Plough and Cart. Lamb. Itin. pag. 212. and Coke on Littl. fol. 86. a.

Benevolence (Benevolentia, favor, good will) Is used both in the Chronicles and Statutes of this Realm, for a voluntary gratuity given by the Subjects to the King. Stows Annals, pag. 701. By the Statute of 1 Rich. 3. cap. 2. it is called a New Imposition. But Stow, pag. 791. saith, That the invention grew from Edward the Fourths days; you may finde it also (Anno 11 Hen. 7. cap. 10.) to be yielded to that worthy Prince, in regard of his great expences in Wars, and otherwise. See Cokes 12 Rep. fol. 119, 120. It is in other Nations called Subsi∣dium charitativum, given sometimes to Lords of the Fee by their Tenants, sometimes to Bishops by their Clergy. Cassan. de consuet. Burg. pag. 134, 136. By Act of Parliament, 13 Car. 2. cap. 4. it was also given to His Ma∣jesty that now is, King Charles the Second.

Bercaria (from the Fr. Bergerie) A Sheep∣coat or Sheepfold. In Doomsday it is called Berquarium. 2 Part. Cokes Inst. fol. 476.—Dedi sexaginta acras terrae, ad unam Bercariam facien∣dam—Mon. Angl. 2. p. fol. 599. a. where it seems to signifie a Sheep-walk.

Berghmayster (from the Sax. berg. Mons, quasi, Master of the Mountain.) A Bailiff or cheif Officer among our Derbishire Miners, who, among other parts of his Office, does also ex∣ecute that of Coroner among them.—Juratores dicunt, quod in principio quando Mineratores veniunt in campum minera quaerentes, inventa minera, venient ad Balivum qui dicitur Bergh∣mayster, & petent ab eo duas Metas, si sit in novo campo, & habebunt unam, scil. pro in∣ventione, & aliam de jure Mineratorum, & una∣quaeque meta continet quatuor Perticatas, & ad foveam suam septem pedes, & unaquaeque Per••••∣cata ••rit de 24 pedibus, &c. Es••. de Anno 16 Edw. 1. num. 34. In Turr. Lond. See Bergh∣moth.

Bergmoth or Berghmote.—Juratores dicunt etiam quod Placita del Bergmoth de∣bent teneri de tribus septimanis in tres septimanas super mineram in Pecco. Es••. 16 Edw. 1. ut supra. This Bergmoth or Berghmote, comes from the Saxon berg, i. Mons and mote or gemote, conventus: Quasi, the Court held upon a Hill, for deciding Pleas and Controversies among the Derbishire Miners; of which, thus Mr. Manlove, in his ingenious Treatise of their Customs.

—And Sute for Oar must be in Berghmote Court, Thither for Justice Miners must resort: If they such Sutes in other Courts commence, * 2.1 They lose their due Oar-debt, for such offence; And must pay Costs; because they did proceed Against their Custom: Miners all take heed. No Man may sell his Grove, that's in contest, Till Sute be ended; after the Arrest * 2.2 The Sellers Grove is lost by such offence, The Buyer fined, for such Maintenance. And two great Courts of Berghmote ought to be In every year, upon the Minery, To punish Miners that transgress the Law, To curb Offenders, and to keep in aw Such as be Cavers, or do rob Mens Coes; Such as be Pilferers, or do steal Mens Stows; To order Grovers, make them pay their part, Joyn with their Fellows, or their Groves desert; To fine such Miners, as Mens Groves abuse, And such as Orders to observe refuse; Or work their Meers beyond their length and Stake; * 2.3 Or otherwise abuse the Mine and Rake; Or set their Stows upon their Neighbors Ground, Against the Custom, or exceed their Bound: Or Purchasers, that Miners from their way * 2.4 To their Wash-troughs do either stop or stay; Or dig or delve in any Mans Bing-place; Or do his Stows throw off, break, or deface; To fine Offenders, that do break the Peace, Or shed Mans Blood, or any Tumults raise; * 2.5 Or Weapons bear upon the Mine or Rake; Or that Possession forcibly do take; Or that disturb the Court, the Court may fine For their Contempts (by Custom of the Mine) And likewise such as dispossessed be, And yet set Stows against Authority; Or open leave their Shafts, or Groves, or Holes, By which Men lose their Cattle, Sheep, or Soles. And to lay Pains, that grievance be redress'd, To case the Burdens of Poor-men oppress'd. To swear Berghmaysters, that they faithfully Perform their Duties on the Minery; And make Arrests, and eke impartially Impanel Jurors, Causes for to try; And see that Right be done from time to time Both to the Lord, and Farmers, on the Minc.

Bernet, (Incendium, from the Sax. byrnan, to burn) Is one of those crimes, which, by Henry the First's Laws, cap. 13. Emendari non possunt. See Opentheff.

Bery or Bury (from the Sax. Byr, i. Ha∣bitatio) A dwelling place, a Mansion-house or Court, a chief Farm. The cheif House of a Mannor, or the Lords Seat is still so called in some parts of England; as in Herefordshire there are the Beries of Stockton, Luston, Hope, &c. Anciently also used for a Sanctuary.

Berton (Bertona, a Sax. bere, hordeum, & ton, villa) Est area in aversa parte aedium ruralium primartarum, in qua horrea, stabula & vilioris officii aedificia sita sunt, & in qua foden∣tur domestica animalia & negotiationes rusticae peraguntur.—Rex Thesaurario & Baronibus suis de Scaccario salutem. Quia volumus quod Castrum nostrum Glocestriae, nec-non & Tina & Bertona Gloc. corpori dicti Comitatus nostri Gloc. an∣nectantur, &c. Claus. 32 Edw. 1. m. 17.

Berwica, A Hamlet, or Village appurte∣nant to some Town or Mannor; often found in Doomsday; from the Sax. bereƿica, a Corn-Farm, or Villa frumentaria. Manerium minus ad maius pertinens; non in gremio Manerii, sed vel in confinio vel dis-junctiùs interdum situm est. Spel.

Besaile (Fr. Bisayeul, i. The Father of the Grand-father) Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple, the day he died; and after his death, a stranger abates or enters the same day uppn him, and keeps out his Heir, &c. The form and further use of this Writ, read in Fitz. Nat. Br. fol. 221.

Besca, A Spade, or Shovel: (From the Fr. bescher, to Dig or Delve)—In communi pastura turbas, cum una sola besca, fodient & nihil dabunt. Prior. Lew. Custamar. de He∣cham. pa. 15. Hence perhaps—Una bescata terrae inclusa—(Mon. Angl. p. 2. fol. 642. a.) may signifie a peice of Land usually digged, such as Gardiners sow Roots in.

Bestials (Fr. Bestiails, i. Beasts or Cattle of any sort) Anno 4 Edw. 3 cap. 3. It is writ∣ten Bestail; and is generally and properly used for all kinde of Cattle. Mentioned also in 12 Car. 2. cap. 4.

Bidale or Bid-all, Precaria potaria (from the Sax. biddan, i. To pray or sapplicate) Is the invitation of Friends to drink Ale at the House of some poor Man, who thereby hopes a charitable contribution for his relief; still in use in the West of England, and falsly written Bildale in some Copies of Bracton, lib. 4. cap. 1. num. ult. And mentioned 26 Hen. 8. cap. 6. See Sothale.

Bidding of the Beads (Anno 27 Hen. 8. cap. 26.) Was anciently an invitation or no∣tice given by the Parish Priest to his Parishi∣oners at some special times to come to Prayers, either for the Soul of some Friend departed, or upon some other particular occasion. And, to this day our Ministers do usually, on the Sunday precedent, bid such Festivals, as happen in the week following, Holidays; that is, desire or invite their Parishioners to observe them. Bidding comes from the Sax. biddan, i. To de∣sire or intreat; and Bead, in that language, signifies a Prayer.

Bidripe (Bidripa.) See Bederepes.

Biga, Properly a Cart, or Chariot, drawn with two Horses coupled side to side; but, in our ancient Records, it is used for any Cart, Wain, or Waggon—Et quod eant cum Bigis & carris & caeteris falleris super tene∣mentum suum, &c. 2 Mon. Angl. fol. 256. b.

Bigamus, Is he that hath married two or more Wives, or a Widdow, as appears in the Statutes, 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst. fol. 273.

Bigamy, (Bigamia) Signifies a double marriage or the marriage of two Wives; it is used for an impediment to be a Clerk, Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy, Chap. 5. 2. (Oportet ergo Episcopum ir∣reprehensibilem esse & unitis uxoris virum.) Upon which, the Canonists founded that Doctrine; That he that hath married a Widow, is by their interpretation, taken to have been twice married. And both these, they not onely ex∣clude from holy Orders, but deny them all Pri∣viledges that belong to Clerks. But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks, though not within Orders, the benefit of Clergy, in case of Felony not especially excepted by some other Statute. Brook, tit. Clergy.

Bilanciis deferendis, Is a Writ directed to a Corporation, for the carrying of Weights to such a Haven, there to weigh the Wools that such a Man is licenced to transport. Reg. of Writs, fol. 270. a.

Bilawes or rather By-laws (from the Gothish By, pagus and lagen. Lex, or from the Sax. Bilage, i. Leges obiter & pro re nata conditae) are particular Orders made in Court Leets or Court Barons by common assent of the Resiants, for the good of those that make them, in some particular Cases, whereto the Publick Law does not extend. Coke, Vol. 6. fol. 63. Kitchin, fol. 45 & 79. In Scotland they are called Laws of Burlaw or Birlaw, which are made and determined by consent of Neigh∣bors, elected by common consent in the Birlaw Courts, wherein Knowledge is taken of Com∣plaints betwixt Neighbor and Neighbor; which men, so chosen are Judges and Arbitra∣tors to the effect aforesaid, and are called Birlaw-men. For Bawr or Bawrsman in Dutch, is Rusticus, and so Birlaw or Burlaw, Leges Rusticorum. Skene. By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs, are impowred to make By-Laws, &c. Anno 20 Car. 2. cap. 6.

Bilinguis, Signifies in the generality a double-tongued Man, or one that can speak two Languages; yet it is used for that Jury which passeth in any Case, betwixt an English∣man and an Alien, whereof part must be Eng∣lishmen, and part strangers. Anno 28 Edw. 3. cap. 13.

Bill (Billa) Is diversly used: First, it is a security for Money under the Hand and Seal of the Debtor, and is without condition or forfeiture for non-payment. 2. Bill is a Decla∣ration in Writing, expressing either the wrong the Complainant hath suffered by the party complained of, or else some fault committed against some Law or Statute of the Realm. This Bill is most commonly addressed to the Lord Chancellor of England, especially for uncon∣scionable wrongs done; sometimes to others having Jurisdiction, according as the Law, whereon they are grounded, does direct: It contains the Fact complained of, the Damages thereby sustained, and Petition of Process against the Defendant for redress. See more in West. par. 2. Symbol. tit. Supplications.

Bill of Store, Is a kinde of Licence granted at the Custom-house to Merchants, or others, to carry over such Stores or Provision as are necessary for their Voyage, Custom∣free.

Bill of Sufferance, Is a Licence granted at the Custom-house to a Merchant, to suffer him to trade from one English Port to another, without paying Custom. Anno 14 Car. 2. cap. 11.

Billa vera (Lat.) The Bill is true. The Grand Enquest, Empanelled and sworn before the Justices of Eyre, &c. Endorsing a Bill (whereby any crime punishable in that Court is presented to them) with these two words, signifie thereby that the presentor hath furnished

his presentment with probable Evidence, and worthy further consideration. Whereupon, the party presented, is said to stand indicted of the Crime, and tied to make answer to it, either by confessing or traversing the Indict∣ment: And if the Crime touch his Life, it is yet referred to another Enquest, called the Enquest of Life and Death, by whom, if he be found guilty, then he stands convict of the Crime, and is by the Judge to be condemned to Death. See Ignoramus and Indictment.

Billets of Gold (Fr. Billot) Wedges or Ingots of Gold, mentioned 27 Edw. 3. Stat. 2. cap. 14.

Bissextile (Bissextilis) Leap-year so called, because the sixth Calends of March are in that year twice reckoned, viz. On the 24 & 25 of February. So that Leap-year hath one day more than other years, and is observed every fourth year, being first devised by Julius Caesar, to accommodate the year with the course of the Sun. And to prevent all doubt and ambiguity, that might arise hereupon, it is provided by the Statute de Anno Bissextili, 21 Hen. 3. That the day increasing in the Leap-year, and the day next before, shall be accounted for one day, &c. Britton. fol. 209. and Dyer, 17 Eliz. 345.

Birlaw. See Bilaw and Byrlaw.

Black maile (Fr. Maille, i A Link of Mail, or a small piece of Metal or Money) Signifies in the Counties of Cumberland, Nor∣thumberland, and Westmerland, a certain rate of Money, Corn, Cattle, or other considera∣tion, paid to some inhabiting upon, or near the borders, being persons of name and power, allied with certain Moss-Troopers, or known Robbers within the said Counties; to be there∣by by them freed and protected from the dan∣ger of those Spoil-takers. Anno 43 Eliz. cap. 13. See Mail.

Black Rod, or Gentleman-Usher of the Black Rod, is cheif Gentleman Usher to the King. He is called in the Black Book, fol. 255 Lator virgae nigrae, and Hostiarius; and els∣where Virgi-bajulus: His duty is Ad port an∣dam Virgam coram Domino Rege, ad Festum Sancti Georgii infra Castrum de Windesore. He hath also the keeping of the Chapter-house Door, when a Chapter of the Order of the Gar∣ter is sitting; and, in the time of Parliament, attends on the House of Peers.

He hath a like habit with the Register of the Order, and Garter King of Arms; which he wears at the Feast of S George, and all Chapters. He bears a Black Rod, on the top whereof sits a Lion, Gold; which Rod is instead of a Mace, and hath the same power and authority. His Fee is now 30 l. per annum. This Officer hath been anciently constituted by Letters Patent under the Great Seal.

Blade (Bladum, Fr. Bled) Nostro foro, de segete tantum intelligitur, praesertim etiam in herba. Spel. But the Saxon Blæd signifies more gene∣rally Fruit, Corn, Hemp, Flax, Herbs, &c. or the Branches or Leaves of Trees or Herbs. Universis—Wil. de Mohun salutem, Sciatis me relaxasse & quietum clamasse Domino Reginaldo de Mohan fratri meo totum Manerium meum de Torr—Salvo mihi instauro meo & blado, &c. (sine dat.) i. e. Excepting my Stock and Corn on the Ground. Hence Bladier is taken for an Ingrosser of Corn or Grain. Sciant—quod ego Willielmus Alreton, consensu & voluntate Beatriciae Uxoris meae, Dedi—Agathae Gille pro duabus Marcis Argenti & una mensura bladi, duas solidatas reditus in villa Leominstr. illas scil. quas Walterus de Luda solebat mihi reddere pro quadam terra quae est inter soldas Adae Talcurteis & Feodum Johannis Rading. Habend &c. (sinc dat.) Ex libro Cartar. Priorat. Leominstriae.

Blancks (Fr. Blanc. i. candidus) A kinde of Money, coyned by King Henry the Fifth, in the parts of France, which were then subject to England, the value whereof was 8 d. Stows Annals, pag. 586. These were forbidden to be current in this Realm, 2 Hen. 6. cap. 9. The reason why they were called Blanks, was, be∣cause at the time these were coyned in France, there was also a piece of Gold coyned, called a Salus; from which, this of Silver, was in name distinguished by the colour.

Blanck-Bar, Is the same with that we call a Common Bar, and is the name of a Plea in Bar, which in an Action of Trespass is put in to compel the Plaintiff to assign the certain place where the Trespass was committed: It is most used by the practisers in the Common Bench, for in the Kings Bench the place is com∣monly ascertained in the Declaration. Croke, 2 Part. fol. 594.

Blench, To hold Land in Blench, is, by payment of a Penny, Rose, Pair of Gilt Spurs, or such like thing, if it be demanded; In name of Blench, i. Nomine albae firmae. See Alba firma.

Blockwood. See Logwood.

Blomary (Anno 27 Eliz. cap. 19.) The first Forge man Iron Mill, through which the Iron passeth, before it comes to the Finary.

Bloated Fish or Herring (Anno 18 Car. 2. cap. 2.) Are those which are half-dried.

Bloudy-hand. See Backberend.

Bloudwit or Blodwite (compounded of two Saxon words Blod, i. sanguis, and wita, mulcta,) Is a word used in ancient Charters of Liberties, and signifies an Amercement for shedding Blood; so that whosoever had it given him in his Charter, had the penalty due for Blood-shed. Skene writes it Bloudveit, and says veit in English, is injuria, and that Bloud∣veit is an Amerciament or unlaw (as the Scotch call it) for wrong or injury, as Bloodshed is: For he that hath Bloodveit granted him, hath free liberty to take all Amerciaments of Courts for Effusion of Blood. Fleta says, Quod sig∣nificat quietantiam misericordiae pro effusione san∣guinis, Lib. 1. cap. 47. Blodwite, i. Si aliqui pugnantes ad invicem in Rudnam & extraxerint sanguinem, Prior habebit inde amerciamenta in Curia sua. Ex Reg. Priorat. de Cokes∣ford.

Blubber (Anno 12 Car. 2. cap. 18.) A kinde of Whale-Oyl, so called; before it is throughly boiled and brought to perfection.

Boc-hord (Sax.) A place where Books, Evidences, Writings, or other like Monuments are kept, as the Rolls, quasi, Librorum hor∣reum.

Bocland (Sax.) Terra haereditaria vel testi∣mentalis, quasi, Book-land. A Possession, an Inheritance; a Territory, Farm, or House with Land belonging to it, held by Evidence in Writing. Bocland verò ea possidendi trans∣ferendique lege coercebatur, ut nec dari licuit nec vendi, sed haeredibus relinquenda erat, in scriptis a liter permitteretur; Terra inde Haereditaria nuncupata. LL. Aluredi, cap. 36. See Charter∣land, and Landboc. And see Glossarium in decem Scriptores.

Bodies Politick. See Corporation.

Boilary or Bullary of Salt (Salina) A Salt-house, or Salt-pit, where Salt is boiled and made. Coke on Littl. fol. 4. b. From the Fr. Bovillon, a Boiling or Bubbling.

Bolting, At Greys-Inn the manner is thus, An Ancient, and two Barrasters sit as Judges, three Students bring each a Case, and the Judges chuse which of them shall be argued; which done, the Students first argue it, then the Bar∣rasters. It is inferior to Mooting, and may be derived from the Saxon Bolt, a House; be∣cause done privately in the House for in∣struction.

Bona fide, i. With a good Faith; we say that is done Bona fide, which is done really, with a good Faith, without dissimulation or fraud. It is used Anno 12 Car. 2. cap. 18. and 15 Car. 2. cap. 5.

Bonaght or Bonaghty, Was an Exaction in Ireland, imposed on the Subjects at the Will of the Lord, for relief of the Knights called Bonaghti, who served in the Wars. Antiq. Hibern. pag. 60. Camden (in his Britan. tit. Des∣mond) says, James Earl of Desmond imposed upon the People those most grievous Tributes of Coyn, Livery, Cocherings, Bonaghty, &c.

Bona notabilia; Where the party dying hath, at time of his death, Goods, or good Debts in any other Diocess, or peculiar juris∣diction within that Province, besides his Goods in the Diocess where he dies, amounting to the value of 5 l. at the least, he is said to have Bona notabilia; and then the Probat of his Will, or granting Administration belongs to the Archbishop of the Province, whether it be with∣in that of Canterbury, or York. But this does not prejudice those Diocesses, where, by Com∣position or Custom, Bona notabilia are rated at a greater sum. Book of Canons, 1 Jac. Can. 92, 93. Perkins, sect. 489. See Probat of Testaments.

Bona Patria, An Assise of Countrey-men or good Neighbors; sometimes it is called Assisa bonae patriae, when twelve or more Men are chosen out of any part of the Countrey to pass upon Assise; otherwise called Juratores, because they are to swear judicially in pre∣sence of the party, &c. Skene. See Assi∣sors.

Bond, Bondage, and Bondmen. See Nativus. Bondmen in Doomsday are called Ser∣vi, and differed from Villani.—Et de toto tenemento, quod de ipso tenet in Bondagio in Soca de Nortone cum pertin. Mon. Angl. 2. par. fol. 609. a.

Bonis Arrestandis, Is a Writ, which see in Arrestandis bonis.

Bonis non amovendis, Is a Writ to the Sheriffs of London, &c. to charge them, that one, against whom a Judgment is obtained in an Action, and who prosecutes a Writ of Error, be not suffered to remove his Goods, till the Error be tryed. Reg. of Writs, fol. 131. b.

Booting or Boting Corn, Certain Rent-Corn anciently so called: The Tenants of the Mannor of Haddenham in Com. Bucks, hereto∣fore paid Booting Corn to the Prior of Roche∣ster. Antiquity of Purveyance, fol. 418. Perhaps it was so called, as being paid by the Tenants, by way of Bote (Boot we still call it) or com∣pensation to the Lord, for his making them Leases, &c. See Bote.

Bordagium, The Tenure of Bord-lands, which see. Item ordinatum est, quod omnes qui terras & tenementa tenent per Bordagium, habe∣ant super singulis Bordagiis, quae per praedictum servicium tenentur, capitalem quandam mansio∣nem in loco ad hoc consueto, &c. Ordinac. Justic. Itin. in Insula de Jersey.

Bordarii seu Borduanni, Often occur in Domesday; by some esteemed to be Bores, Hus∣bandmen, or Cotagers; which are there al∣ways put after Villains. Dicantur Bordarii vel quòd in tugurio (quae Cottagia vocant) ha∣bitabant, seu villarum limitibus, quasi Border∣ers. Spelm. Tenentes per servitia plus servilia quam villani, & qui tenent nisi paucas acras. M. S. but see Bordlands.

Bord-halfpeny (Sax. Bord, tabula, and hafpeny, obolus) Is Money paid in Fairs and Markets for setting up Tables, Bords, and Stalls, for sale of Wares. In antiquis Chartis multi immunes fiunt ab ista solutione, says Spel∣man. It is corruptly written Borthalpeny and Brodhalpeny in some Authors.

Bord-lands, The Lands which Lords keep in their hands for maintenance of their Bord or Table. Est Dominicum quod quis habet ad men∣sam suam & propriè, sicut sunt Bord-lands, Anglicè, i. Dominicum ad mensam. Bract. lib 4. tract. 3. cap. 9. num. 5. Which possession was anciently termed Bordage. Sax. Dict. verbo Bord. And the Bordarii (often mentioned in Domesday) were such as held those Lands, which we now call Demain Lands. See Antiq. of Pur∣veyance, fol. 49.

Borow or Borough (Sax. Borhoe, Fr. Burg) Signifies a Corporate Town, which is not a City. Anno 2 Edw. 3. cap. 3. As also such a Town or place as sends Burgesses to Parlia∣ment, the number whereof you may see in Cromp. Jurisd. fol. 24. Probably Borhoe was an∣ciently taken for those Companies, consisting of

Ten Families, which were combined to be one anothers Pledge. See Bracton, lib. 3. tract. 2. cap. 10. and Lamberts Duty of Constables, pag. 8. Verstegan says, That Burg or Burgh, whence we say Borough, signifies a Town, having a Wall or some kinde of Enclosure about it; and that those places which in old time had among our Ancestors the name of Borough, were one way or other, fenced or fortified. See Head-borow and Borow-head.

Borow-head alias Head-borow (from the Sax. Borhoe and Head) signifies (according to Lambert, in his Treatise of Constables) the Head-man or cheif pledge of the Decury or Borow, chosen by the rest to speak and act in their name, in those things that concerned them.

Borow-holders alias Bursholders, quasi Borhoe-ealders, are the same with Borowheads. Bracton calls them Borghy-Alders, Lib. 3. tract. 2. cap. 10.

Borow-English (Sax. Borhoe Englisc) Is a customary Descent of Lands, whereby in all places, where this Custom holds, Lands and Tenements descend to the youngest Son; or, if the owner have no issue, to his youngest Brother, as in Edmunton. Kitchin, fol 102. And the reason of this Custom (according to Littleton) is, For that the youngest is presumed in Law, to be least able to shift for himself.

Borow Goods Divisable. These words are found in the Statute of Acton Burnel, 11 Edw. 1. As, before the Statutes of 32 & 34 Hen. 8. no Lands were Divisable at the Common Law, but in ancient Baronies; so perhaps, at the making the foresaid Statute of Acton-Burnel, it was doubtful, whether Goods were Divisable, but in ancient Borows. For it seems by the Writ De rationabili parte bonorum, anciently the Goods of a Man were partable between his Wife and Children.

Borthalpeny. See Bord-halpeny.

Boscage (Boscagium) Is used for that Food, which Wood and Trees yield to Cattle, Mast: From the Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Pascere.

Boscaria—Ut ipsi possunt domos & Bosca∣ria satis competentia aedificare—Mon. Angl. 2 p. fol. 302. It may either signifie Wood-houses, from Boscus; or Ox-houses, from Bos.

Boscus, Is an ancient word used in the Law of England, for all manner of Wood. The Italian useth Bosco in the same sence, and the French, Boys. Boscus is divided into High∣wood or Timber (Haut-bois) and Copice or Under-wood (Sub-Bois.) High-wood is pro∣perly called Saltus, and in Fleta, Maere∣mium.

Bosinnus (From the Fr. Bouzine, A Ru∣stical Trumpet or Wind-instrument, made of Pitched Barks.) By Inquisition after the death of Laurence Hastings, Earl of Pembroke, 22 Edw. 3. The Mannor of Aston Cantlow (de Cantelupo) in Com. War. is returned to be held in Capite of the King by these words. Quod qui∣dem Manerium per se tenetur de Domino Rege in Capite per servitium inveniendi unum hominem peditem cum quadam Ar••u sine Corda, cum uno Bosinno sine tappa per xl. dies sumptibus pro∣priis, quoties fuerit guerra in Wallia. Ex Record. Turris Londini.

Quaere, If Tappa (from the Fr. Tapon, i. the Bung or Stopple) be not the Buckhole or Stopple of the Instrument where they blow.

Bote (Sax.) Compensation, recompence, satisfaction, or amends. Hence Man-bote alias Mon-bote, compensation or amends for a Man slain, who was bound to another: In King Ina's Laws set out by Lambert, cap. 96. you may see what rate was ordained for expiation of this offence. Hence also our common phrase to boot. i. compensationis gratia. See Hedge-bote, Plow-bote, House-bote; and see Skene, verbo, Bote.

Boteless. i. Sine emenda. Int. Plac. Trin. 12 Edw. 2. Ebor. 48. We retain the word still in Common Speech.

Botha, A Booth, Stall, or Standing, made in Fairs or Markets.—Et duas mansuras libe∣ras ad Bothas suas faciendas. Mon. Angl. 2 p. fol. 132.

Botiler Of the King (Pincerna Regis) Anno 43 Edw. 3. cap. 3. Is an Officer that pro∣vides the Kings Wines; who (according to Fleta, lib. 2. cap. 21.) may by vertue of his Of∣fice out of every Ship laden with Sale-Wines, Unum dolium eligere in prora navis ad opus Regis, & aliud in puppi, & pro qualibet pecia reddere tantum 20 solid. Mercatori. Si autem plura inde habere voluerit, bene licebit, dum tamen precium fide dignorum judicio pro Rege appo∣natur.

Bottomry or Botomary (Anno 16 Car. 2. cap. 6.) Is, when the Master of a Ship borrows Money upon the Kiel or Bottom of his Ship, and binds the Ship it self, That if the Money be not paid by the day assigned, the Creditor shall have the Ship. Ceo Bottomage est quand argent est borrow sur le Keil del Neif, & le Neif oblige al payment de ceo. Viz. Si ne soit pay al temps, que l'auter avera le Neif Latches Rep. fol. 252. Scarboroughs Case.

Others define it thus, When I. S. lends Money to a Merchant, that wants it to Traf∣fick, and is to be paid a greater sum at the re∣turn of the Ship, standing to the hazard of the Voyage; and though the profit be above six per cent, it is not reckoned Usury.

Bovata terrae, Is as much as one Ox can Plough. Octo bovatae terrae faciunt carucatam terrae, octo carucatae faciunt unum Feodum Mi∣litis. XVIII acrae faciunt Bovatam terrae. M. S. cum notis in Statut. See Oxgang.

Bouche of Court, or as the vulgar call it Budge of Court, Is to have meat and drink scot free there: For so is the Fr. Avoir Bouche a Court, to be in Ordinary at Court. And this anciently extended as well to the Court of No∣blemen, who were Subjects, as to the Kings Court. As appears by this Deed.

CEste Endenture faite parentre lui Nobles hommes Monsieur Tho. Beauchamp, Counte de Warwyke, d une part, & Monsieur Johan Russell

de Strengesham Chivalier d'autre part, tesmoigne que le dit Mounsieur Johan est demoure ove le dit Counte pur terme de sa vie, pur la pees & pur guerre, & prendra pur la pees du dit Counte an∣nuelement vynt livres, de la vie du dit Mounsieur Johan, del Manoir le dit Counte de Chedworth en le Countee de Gloucestre, & pur la guerre qua∣rant livres, & serra paie annuelement as termes de la Nativitee Seinte John le Baptiste & de Nowel per ovels portions des issues du dit Manoir de Chedworth, per les mains del gardeyn de mesme le Manoir, & avera le dit Mons. Johan pur la pees, quant il serra maunde de venir al dit Counte, Bouche au Court pur lui mesme, un Chamber∣lein & un Garson, feyn, provendre & Ferrure pur trois Chivaulx pur la temps de sa demoure, Et pur la guerre le dit Mons. Johan Mountra lui mesme covenablement, & avera Bouche au Court, ou liverie pur lui mesme, une Chamberlein & trois Garsons, ou gages al afferant & feyn, provendre & Ferrure pur cynk chivaulx en ma∣nere come autre de son estat, ove le dit Counte, prendront. Et si il preigne prisoner, soit entre le dit Counte & le dit Mons. Johan, si come il fait parentre lui & autres Bachulers de sa retenue pur terme de vie. Et voet & grante le dit Counte per cestes presentes Lettres, que si la dite rent annuele de xx l. pur la pees, ou de xl l. pur la∣guerre soit a derere & nyent paye pur un moy apres ascun des termes avantditz, que bien lise au dit Mons. Johan ou a son Attornie en celle partie en le dite Manoir de Chedworth destreindre pur les arrerages de la dite rent, &c. Done a nostre Chastel de Warwyke le xxix. jour del moys de Marcz l'an du regne le Roy Richard Second, puis le Conquest, sisme.

Boveria, An Ox-house or Ox-stall—Ad faciendum ibi Boverias suas & alias domos usibus suis necessarias, &c. Mon. Angl. 2. par. fol. 210. a. Loca ubi stabulantur Boves; according to Gloss. in x. Seriptores.

Bound (Bunda)—Secundum metas, mae∣ras, bundas, & Marchias Forestae, 8 Edw. 3. Itin. Pick. fol. 6. Sir Edw. Coke in 4 Inst. fol. 318. derives it from the Saxon, Bunna, but the Saxon Dictionary affords no such word.

Bow-bearer, Is an under Officer of the Forest, whose Oath will inform you the na∣ture of his Office, in these words.

I Will true Man be to the Master of this Forest, and to his Lieutenant, and in their absence I shall truly over-see, and true Inquisition make, as well of sworn Men as unsworn in every Baili∣wick, both in the North Bail, and South Bail of this Forest, and of all manner of Trespass done, either to Vert or Venison, I shall truly endeavor to attach, or cause them to be attached, in the next Court of Attachment, there to be presented, without any concealment had to my knowledge. So help me God. Crompt. Jurisd. fol. 201.

Bozones. See Busones.

Brandy, A kinde of Spirit or Strong∣water, made cheifly in France, and extracted from the Lees of Wine or Cider, mentioned in the Act, 20 Car. 2. cap. 1. Upon an Argument in the Exchequer, Anno 1668. Whether Brandy were a Strong-water or Spirit, It was resolved to be a Spirit. But 25 Nov. 1669. by a Grand Committee of the whole House of Commons, it was voted to be a Strong-water, and not a Spirit.

Brasium, Malt: In the ancient Statutes Brasiator is taken for a Brewer, from the Fr. Brasseur; and at this day also for a Malster or Malt-maker. It was adjudged, 18 Edw. 2. Quod venditio Brasii non est venditio victualium, nec debet puniri sicut venditio Panis, vini & Cer∣visiae & hujusmodi contra formam Statut.

Breach Carnium. Per Breach Carnium Thomas Crew, (Magister Hospitalis Sancti Jo∣hannis Baptistae extra portam borealem Cestriae) clamat, quod omnes tenentes sui infra eorum libertates residentes sint quieti de venditione car∣nium. Pla. in Itin. apud Cestriam 14 Hen. 7.

Bread of Treet or Trite. (Panis Tritici, Wheaten Bread) Was one of those sorts of Bread mentioned in the Statute of Assise of Bread and Ale, 51 Hen. 3. Stat. 1. where we read of Wastel Bread, Cocket Bread and Bread of Treet, which I think do gradually corre∣spond with what we now call White, Wheaten, and Boulted or Course Bread. See Cocket.

Bred, Is used by Bracton, lib. 3. tract. 2. cap. 15. for Broad, as, Too long and too bred.

Brehon, The Irish call their Judges Bre∣hones, and thereupon the Irish Law is called the Brehon Law. See 4 Inst. fol. 358.

Bretoyse or Bretois—Sciant—quod ego Henricus de Penebrugge Dedi—Omnibus liberis Burgensibus meis Burgi mei de Penebrugge omnes libertates & liberas consuetudines secundùm le∣gem de Bretoyse nundinis & seriis appurtin. secundum tenorem Chartae Domini Henrici Regis quam habeo. Habendum, &c. sine dat. Secun∣dum legem de Bretoyse, must certainly signifie, Legem Marchiarum; or, The Law of the Bri∣tains, or Welshmen: For Penebrugge (now Pembridge) is a Town in Herefordshire, border∣ing upon Wales.

Brevibus & Rotulis liberandis, Is a Writ or Mandat to a Sheriff to deliver unto the new Sheriff, chosen in his Room, the County and the appurtenances, with the Rolls, Briefs, Remembrances, and all other things belonging to that Office. Reg. of Writs, fol. 295. a.

Bribery (from the Fr. Briber, to devour or eat greedily) Is a great misprision, when any Man in judicial place takes any Fee, Pen∣sion, Gift, Reward, or Brocage, for doing his Office, but of the King onely. Fortescu, cap. 51. and 3 Instit. fol. 145.

Bribour (Fr. Bribeur, i. a Beggar) Seems to signifie in some of our old Statutes, one that Pilfers other Mens Goods, as Cloaths out of a Window, or the like.

Brief (breve) Signifies a Writ, whereby a Man is summoned or attached to answer any Action; or (more largely) any Writ in wri∣ting, issuing out of any of the Kings Courts of Record at Westminster, whereby any thing is commanded to be done in order to Justice, or the Kings command, and is called a Brief, or Breve; Quia Breviter & paucis verbis intentio∣nem proferentis exponit & explanat, sicut regula juris rem quae est Breviter enarrat, says Bracton, lib. 5. tract. 5. cap. 17. num. 2. Also Letters Patent or a Licence from the King or Privy Council, granted to any Subject to make a Collection for any publick or private loss, is commonly stiled a Brief.

Briga (Fr. Brigue, i. debate or contention)—Et posuit terram illam in Brigam & causam in∣tricandi terram, scilicet, per diversa fraudulenta Feoffamenta; Ideo committitur Maresc. Ebor. Hil. 18 Edw. 3. Rot. 28.

Brigandine (Fr.) A Coat of Mail, or a fashion of ancient Armor, consisting of many joynted and Scale-like Plates, very pliant un∣to, and easie for the Body, mentioned Anno 4 & 5 Phil. & Ma. cap. 2. Some confound it with Haubergeon; and some with Brigantine, (in writing which, there is onely the d turned into t) which signifies a low, long, and swift Sea-Vessel, having some twelve or thirteen Oars on a side.

Brig-bote or Brug-bote, Significat quie∣tantiam reparationis Pontium. Fleta, lib. 1. cap. 47. Pontis refectio vel restauratio. It is Com∣pounded of (Brig) a Bridge, and (Bote) which is a yeilding of amends, or supplying a defect. See Bote and Seldens titles of Honor, fol. 622. Arcis pontisque constructio.

Brocage, (Anno 12 Rich. 2. cap. 2.) Means used by a Spoaksman; the Wages, Hire, or Trade of a Broaker. Anno 1 Jac. cap. 21. it is written Brokerage. Anno 11 Hen. 4. num. 28. not Printed.

Brochia (from the Fr. broc, Quod lagenam majorem aut cantharum significat.) Si quis teneat per servitium inveniendi Domino Regi, certis locis & certis temporibus, unum hominem & unum e∣quum & saccum cum Brochia pro aliqua necessi∣tate, vel utilitate exercitum suum contingentem. Bracton, lib. 2. tract. 1. cap. 6. By which it should seem Saccus was to carry the dry, and Brochia the liquid things. See Saccus.

Brodehalfpeny, Rectiùs Bordhalfpeny, Sig∣nifies a small Toll, by Custom paid to the Lord of the Town, for setting up Tables, Bords, or Booths, in a Fair or Market: From which, they who are freed by the Kings Charter, had this word in their Letters Patent; in so much, as now the freedom it self (for shortness of Speech) is termed Bordhalfpeny. See Bord∣halpeny.

Broggers. Vide Brokers.

Brokers (Brokarii) Are of two sorts, the one an Exchange-Broker, whose Trade is to deal in matters of Money and Merchandise be∣tween English-men and Stranger-Merchants, by drawing the Bargain to Particulars, and the Parties to Conclusion; for which they have a Fee or Reward. These are called Broggers; Anno 10 Rich. 2. cap. 1. and in Scotland Broc∣carii, that is (according to Skene,) Mediators or Intercessors in any Transaction, Paction, or Contract, as in Buying, Selling, or Contracts of Marriage. Broggers of Corn, Are used in a Proclamation of Q. Elizabeth for Badgers, Bakers Chron. fol. 411. He that would know what these Brokers were wont, and ought to be, let him read the Statute of 1 Jac. cap. 21. The other is the Pawn-broker, who commonly keeps a Shop, and lets out Money to poor and necessitous people upon Pawns, not without Extortion for the most part: These are more properly called Friperers or Pawn-takers, and are not of that antiquity or credit, as the for∣mer; nor does the said Statute allow them to be Brokers, though now commonly so called.

Brothel-houses. King Henry the Eighth, by Proclamation 30 Martii. 37 of His Reign, sup∣pressed all the Stews or Brothel-houses, which long had continued on the Bankside in South∣wark; for that they were prohibited by the Law of God, and Law of this Land. 3 Inst. fol. 205. And Rot. Parl. 14 R. 2. num. 32.

Bruck-bote (from the Germ. Bruck, i. Bridge and Bote, i. Compensation) Signifies a Tribute or Contribution towards the mend∣ing or re∣edifying of Bridges, whereof many are freed by Royal Charter; and thereupon the word is used for the very Liberty or Ex∣emption it self. See Pontage and Brig-bote.

Bru••ere (Fr. Bruyere, Lat. Bruyrium, erica, quasi ericetum) Heath and Heath-ground. Pastu∣ra xi quarentenarum & dimid. longitudine & latitudine. Bruaria 2 leucarum longitudine & latitudine. Domesd. Tit. Dorset Eccles. Crene∣burn. Ingelingham. Hac autem appellatione Fo∣renses vocant steriles camporum solitudines, licet ••ricam non edant, Heath-ground. Spel.

Buckstall.—Et sint quieti de Chevagio, Hondpeny, Buckstall, & Tristris, & de omnibus misericordiis, &c. Privileg. de Semplingham. By the Stat. 19 Hen. 7. cap. 11. it seems to be a Deer-hay, Toyl, or great Net to catch Deer with; which by the said Statute is not to be kept by any man that hath not a Park of his own, under pain of 40 l.

To be quit of Buckstals, i. Ubi homines con∣venire tenentur, ibidem convenire ad stableiam faciendam circa feras & ad easdem congregand. quietum esse de hoc servitio, quando Dominus chaseaverit. 4 Inst. fol. 306.

Buck-wheat (Mentioned in the Statute 15 Car. 2. cap. 5.) Is otherwise called French Wheat, and well known.

Budge of Court. See Bouche.

Buggery (According to Sir Edward Coke, Rep. 12. pag. 36.) Comes from the Ital. Bugge∣rare, to Bugger, and is described to be Carnalis copula contra naturam, & haec vel per confusionem specierum, sc. A Man or a Woman with a bruit Beast, vel sexuum; A Man with a Man, or a Woman with a Woman. This offence com∣mitted with Mankinde or Beast, is Felony

without Clergy; it being a sin against God, Nature, and the Law, and was brought into England by the Lombards, as appears by Rot. Parl. 50 Edw. 3. num. 58. See the Stat. 25 H. 8. cap. 6. revived 5 Eliz. 17. Fitzh. Nat. Br. fol. 269. b. In ancient time such Offenders were burnt by the Common Law. This most detest∣able sin was justly excepted out of the Act of General Pardon, 12 Car. 2. cap. 8.

Bull (Bulla, Ital. Bolla) was a Gold Or∣nament or Jewel for Children, hollow within, and made in fashion of a Heart to hang about their Necks; but now it is most usually taken for a Brief or Mandate of the Pope, or Bishop of Rome, from the Lead or sometimes Golden Seal affixed thereto; which Matthew Paris Anno 1237. thus describes. In Bulla Domini Papae stat imago Pauli a dextris Crucis in medio Bullae figuratae, & Petri a sinistris. The word is often used in our Statutes, as 28 Hen. 8. cap. 16. And 1 & 2 Phil. & Ma. cap. 8.—13 Eliz. cap. 2. Non solum sigillum significat imprimens & impres∣sum, sed ipsas etiam literas bullatas & interdum schedulam seu billam. Misit quoque Archiepis∣copus (Cantuariae) Regi & Concilio suo schedu∣lam sive Bullam, in hunc modum continentem, &c. Spelm William de Brinckle recovered at the Common Law by Verdict against Otho, Par∣son of the Church of Beston x l. Pro substracti∣one unius Bullae Papalis de Ordinibus, alterius Bullae de legitimatione, & tertiae Bul ae de veniam exorantibus pro animabus antecessorum suorum. Trin. 4 Edw. 3. Rot. 100. Bulla, Olim sigillum significans. Gloss. in x. Scriptores.

Bullenger. The Commons do Petition, that certain Commissions lately sent to Cities for the making of certain Boats and Bullengers, being done without consent of Parliament, might be repealed. Rot. Parl. 2 Hen. 4. num. 22.

Bullion (Fr. Billon, i. The Metta•• whereof base Coyn is made) Signifies with us Gold or Silver, in Mass or Billet. Anno 9 Edw. 3. Stat. 2. cap. 2. And sometimes the Kings Exchange or place, whither such Gold in the Lu••p is brought to be tryed or exchanged. 27 Edw. 3. Stat. 2. cap. 14. And 4 Hen. 4. cap. 10.

Bullion seems also to signifie of old, a quantity of Salt, according to Gervase of Til∣bury, writing of the Salt Springs in Worcester∣shire.

Bultel, Is the refuse of the Meal, after it is dressed by the Baker; also the Bag wherein it is dressed. I finde the word mentioned in the Statute, entituled, Assisa panis & Cervi∣siae. Anno 51 Hen. 3. Hence Bulted Bread, Course Bread.

Bunda. See Bound.

Burcheta (from the Fr. Berche) A kinde of Gun, mentioned in the Forest Records.

Burgage (Burgagium, Fr. Bourgage) Is a tenure proper to Borows, whereby the Inhabi∣tants by ancient Custom hold their Lands or Tenements of the King, or other Lord, at a certain yearly Rent. It is a kinde of Soccage, says Swinburn, pa. 3. Sect. 3. num. 6. Ad mili∣tiam non pertinet, habetur ideo inter ignobiles tenuras. Mentioned 37 Hen. 8. cap. 20. It was also anciently used for a Dwelling-house in a Borow-Town.

Sciant—Quod ego Editha filia Johannis de Aula in ligea virginitate & potestate mea dedi—Deo & Beatae Mariae & omnibus Sanctis & Ele••mosinariae Leominstr. pro salute Animae meae—In liberam puram & perpetuam Eleemosinam totum illud Burgagium cum edificiis & pertin. suis quod jacet in Villa Leominstr. Ex libro cartarum Priorat. Leom.

Burghbrech alias Borgbrech (Sax. Burh∣bryce, i. Fidejussionis fractio, vel plegii vio∣latio) Angli omnes decemvirali olim fidejussione pacem regiam stipulati sunt; quod autem in hanc commissum est, Burghbrech dicitur, ejusque cognitio & vindicta, Regiis Chartis, plurimis cre∣debantur, pro quorum dignitate, mulcta aliàs levior fuit, aliàs gravior. Vide LL. Canuti, cap. 55. Burghbrich, i. Laesio libertatis aut septi. Gallicè, blesmure de Courte ou de close. Polychron, lib. 1. cap. 50.

Burgbote (Sax. Burg, Burh, Burgus, and Bote, compensatio) A Tribute or Contribu∣tion, towards the building or repairing of Castles or Walls of Defence; or towards the building of a Burow or City. From which divers had exemption by the ancient Charters of the Saxon Kings; whence it is ordinarily taken for the liberty or exemption it self. Rastal. Significat (says Fleta) quietantiam reparationis murorum civitatis vel Burgi. Lib. 1. cap. 47.

Burgheristh.—Istae consuetudines pertinent ad Taunton, Burgheristh, Latrones, Pacis in∣fractio, Hanifare, Denarii de Hundret & Denarii S. Petri, &c. Quaere. M. S. Camdeni penes Will. Dugdale Ar.

Burgemote (Sax.) Curia vel conventus Burgi vel Civitatis; the Borow-Court.—Et ha∣beatur in anno ter Burgesmotus, & Schiremotus bis, nisi saepius sit, & intersit Episcopus & Al∣dermannus, & doceant▪ ibi Dei rectum & seculi. LL Canuti. M. S. cap. 44.

Burgesses (Burgarii & Burgenses) Are proper••y Men of Trade, or the Inhabitants of a Borow or Walled Town; yet we usually ap∣ply this name to the Magistrates of such a Town, as the Bailiff and Burgesses of Leominster. But we do now usually call those Burgesses who serve in Parliament, for any such Borow or Corporation. Filius verò Burgensis aetatem habere tunc intelli∣gitur, cùm discretè sciverit Denarios numerare, & pannos ulnare & alia paterna negotia similiter exercere. Glanvile, lib 7. cap. 9. In Germany, and other Countreys, they confound Burgess and Citizen; but we distinguish them, as ap∣pears by the Stat. 5 Rich 2. cap. 4. where the Classes of this Commonwealth are thus enume∣rated. Count, Baron, Baneret, Chiva∣léer de Countée, Citezein de Citée, Bur∣gess de Burgh. See the Statute of Merton, cap 7. And Coke on Littl. fol. 80.

Burglary (from the Fr. bourg, i. pagus, villa; and larecin, i. furtum; or, laron, fur. Coke, lib. 4. fol. 39.) Is a felonious entring into

another Mans Dwell••ng-house, wherein some person usually inhabits, or into a Church in the night time, with intent to commit some Felony therein; as to ki••l some Man, steal some∣what thence, or to do some other fe onious act, though he execute it not.

Burglary in the natural signification of the word, is nothing but the robbing a House by night, or breaking in with an intent to rob, or do some other Felony. The like offence by day, we call House-robbing or House-breaking, by a particular name. How many ways Burg∣lary may be committed, see Cromp. Just. of Peace, fol. 28, 29, 30. and 3 Part. Inst. fol. 363. It shall not have benefit of Clergy, Anno 18 E∣liz. cap. 7.

Burghware (q. burgi vir) A Citizen or Burgess. Willielmus Rex salutat Willielmum E∣pis opum & Goffredum Portgresium & omnem Burghware infra London. Charta Willielmi ••••n. Londoniensibus confecta.

Burlimen. See Sucking.

Bursa, A Purse.—Reddendo inde ad Bur∣sam Abbatis vi d. ad festum Sancti Michaelis, &c. Ex lib. Ca••tarum Priorat. Leominstr.

Busca or Buscus, Under-wood or Brush∣wood.

Busones Comitatus. Justiciarii, vocatis ad se qua••••or vel sex vel pluribus de Majoribus Comitatus, qui dicuntur Busones Comitatus, & ad quorum nutum dependent vota aliorum, &c. Bracton, lib. 3. tract. 2. cap. 1. num. 1. Quare.

But (Butticum) Every But of Malmesey to contain at the least 126 Gallons. Anno 1 Rich. 3. cap. 13.

Butlerage of Wines, Signifies that Im∣position upon Sale-Wine brought into the Land, which the Kings Butler, by vertue of his Office, may take of every Ship; that is, Two shillings of every Tun of Wine imported by Strangers. Anno 1 Hen. 8. cap. 5. See more in Botiler of the King, and Prisage. The Stat. 12 Car. 2. cap. 24. for taking away of Purvey∣ance, Does not extend to prejudice the ancient duties of Butlerage, and Prisage of Wines, but they are to continue as before the making this Act. See Calthrops Reports of Special Cases, pag. 23. and 4 Inst. fol. 30.

Buzcarles or Buscarles (Buscarli & Buthsecarli) Sunt qui portus nauticos custodiunt: Mariners or Scamen. Quando Rex ibat in ex∣peditionem vel terra vel mari, habebat de hoc Manerio aut xx sol. ad pascendos suos Buzecarl, aut unum hominem ducebat secum pro honore quinque Hidarum Domesd. tit. Wiltsc. Wilton. And Seldens Mare clausum, fol. 184. where it is written Butsecarli.

Buzones Judiciorum. Placita de temp. Johannis Regis. Gloc. 139. See Busones Comi∣tatus.

Bydalle. (Anno 26 Hen. 8. cap. 6.) See Bid-ale.

Byrlaw or Laws of Burlaw (Leges Rusticorum, from the Germ. Baur, i. Rusticus, & Lauch, Lex.) Laws made by Husbandmen, con∣cerning Neighborhood, to be kept among them∣selves. Skene, pag. 33. See Bylaws.

C.

THe Letter C among the Ancients, denoted Condemnation. See Ignoramus.

Cablish (Cablicia) among the Writers of the Forest Laws, signifies Brush-wood, or Browse-wood. Cromp. Jurisd. fol. 163. But Sir Henry Spelman thinks, it more properly signi∣fies Wind-faln-wood, because 'twas written of old Cadibulum, from cadere: or, if derived from the Fr. Chablis, it also signifies Wind-faln∣wood.

Cabo bona speransa. See Cape bona espe∣ranza.

Cade of Herrings, Is 500. Of Sprats 1000. Book of Rat••s, tol. 45. Yet I find anciently 600. made the Cade of Herring, 120 to the hun∣dred.

Calandring of Worsted-stuffs (mentioned 5 Hen. 8. cap. 4. and 25 ejusdem. cap. 5.) signifies to smooth, trim, and give them a gloss; it is a Trade both in London and Nor∣wich.

Calangium, Challenge, claim, or dispute. Sciant—quod ego Godefridus de Doddensull, cum assensu Amiliae uxoris meae, dedi.—Deo & Beatae Mariae & Dominis meis Priori & Con∣ventui Wigorn. in pura & perpetua cl••emosi∣na unam acram terrae—sine aliqua recla∣matione seu calangiv, &c. sine dat. penes Tho∣mam Chyld Arm.—Boscum, qui suit in ca∣lengio inter ipsum & Walterum. Mon. Angl. 2. par. fol. 252. b.

Calcetum & Calceata, a Causey or Caus∣way. See Causey.

Calends (Calendae) properly the first day of every Month, being spoken by it self, or the very day of the New Moon, which com∣monly fall out together: If Pridie be pla∣ced before it, then it signifies the last day of the foregoing Month, as Pridie Calend. Maii, is the last day of April: If any number be pla∣ced with it, it signifies that day in the former Month, which comes so much before the Month named; as the Tenth Calends of October, is the Twentieth day of September, because, if one begin at October, and reckon backwards, that Twentieth day of September is the Tenth day before October. In March, May, July, and October, the Calends begin at the Sixteenth day, in other Moneths at the Fourteenth; which Calends must ever bear the name of the Moneth following, and be numbred backward from the First day of the said following Moneths. See more in Hoptons Concordance, pag. 69. And see Ides. Dictum de Kenelworth is dated the day before the Calends of November, Anno 1256. In the Dates of Deeds, the day of the Moneth, by Nones, Ides, or Calends, is sufficient. 2 Inst. fol. 675.

Campfight. See Champion, and 3 Instit. fol. 221.

Candlemass-day, (Sax. Candelmæsse) The Feast of the Purification of the Blessed Virgin Mary (2 Febr.) instituted in memory and honor, both of the Presentation of our Blessed Lord, and the Purification of the Blessed Virgin in the Temple of Jerusalem, the For∣tieth day after her happy Child-birth, per∣formed according to the Law of Moses, Levit. 12. 6. It is called Candlemass, or a Mass of Candles, because before Mass was said that day, the Church blessed, that is, deputed or set a part for sacred use, Candles for the whole year, and made a Procession with hallowed Candles in the hands of the faithful, in memory of the Divine Light, wherewith Christ illaminated the whole Church at his Presentation, when old Simeon stiled him, A light to the Revelation of the Gentiles, and the Glory of his people Israel, S. Luk. 2. 32. This Feastival-day is no day in Court, and is the Grand day of Candlemass Term in the Inns of Court.

Cantel (among the Statutes made in the Reigns of Henry the Third, Edward the First or Second, but uncertain which, set down in Poulton, fol. 110. cap. 4. & 9.—Toll shall be taken by the Rase, and not by the Heap or Cantel; which seems to signifie the same we now call the Lump; as to buy by Measure, or by the Lump.

Cantred, or rather Cantref, (Cantredus) Signifies an Hundred Villages, being a British word compounded of the Adjective Cant, i. An Hundred, and Tref, a Town or Village. In Wales the Counties are divided into Cantreds, as in England into Hundreds. The word is used Anno 28 Hen. 8. cap 3.

Capacity (capacitas) An aptness to contain or receive. Our Law allows the King two Ca∣pacities, A Natural, and a Politick: In the first, He may purchase Lands to Him and His Heirs; in the later, to Him and His Successors. And a Parson hath the like.

Cape of Good Hope (Cabo de bon' speran∣za) A Promontory or Elbow of Land that lies in Cafraria, a Province of Aethiopia In∣ferior, and was first discovered by the Portugals, under the command of Bartholomew Diaz. He∣lyns Cosmog. fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18.

Cape (Lat.) Is a Writ Judicial touching Plea of Land or Tenements; so termed (as most Writs are) of that word, which carries the especial est intention, or end of it. And this Writ is divided into Cape Magnum and Cape Parvum: Both which (as is before said in Attachment) take hold of things immoveable, and seem to differ in these points. First, Be∣cause Cape Magnum or the Grand Cape lies be∣fore appearance, and (Cape Parvum) after∣ward. Secondly, The (Cape Magnum) sum∣mons the Tenant to answer to the Default, and over to the Demandant. Cape Parvum Summons the Tenant to answer to the Default onely; and therefore is called Cape Parvum or Petit Cape. Old Nat. Br. fol. 161, 162. Yet Ingham saith, it is called Petit Cape, not because it is of small force, but that it consists of few words.

Cape Magnum in the Old. Nat. Br. is thus defined; Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land, and the Tenant makes default at the day to him given in the Original Writ, then this Writ shall go for the King, to take the Land into His hands; and if the Tenant come not at the day given him thereby, he loseth his Land, &c. A Form of this Writ, you may see in the Reg. Judicial, fol. 1. b. Of this Writ, and the Explication of its true force and effect, read Bracton, lib 3. tract. 3. cap. 1. num. 4, 5, & 6.

Cape Parvum or Petit Cape (in Old. Nat. Br. fol. 162.) Is thus defined; Where the Tenant is summoned in Plea of Land, and comes at the Summons, and his appearance is of Record; and at the day given him, prays the View, and having it granted, makes default, then shall Issue this Writ for the King, &c. The difference betwixt the Grand Cape and Petit Cape (which in effect or consequence, are alike) is, that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions, where the Original Writ does not mention the parcels or particu∣lars demanded: And the Petit Cape, after Ap∣parence or View granted. Its Form see in Reg. Jud. fol. 2. and Fleta, lib. 6. cap. 44.

Cape ad Valentiam, Is a Species of Cape Magnum, so called of the end whereto it tends, and (in Old Nat. Br. fol. 161.) thus described. Where I am impleaded of Lands, and I vouch to warrant another, against whom the Summons Ad Warrantizandum hath been Awarded, and the Sheriff comes not at the day given; then, if the Demandant recover against me, I shall have this Writ against the Vouchee, and shall recover so much in value of the Lands of the Vouchee, if he hath so much, if not, then I shall have execution of such Lands and Tene∣ments as descend to him in Fee; or, if he pur∣chase afterwards, I shall have against him a Re∣summons; and if he can say nothing, I shall recover the value. This Writ lies before Ap∣parence. Of these, and their divers uses, see the Table of the Reg. Judicial, verbo, Cape.

Capias, is a Writ of two sorts, one before Judgment, called Capias ad Respondendum, where the Sheriff, upon Original, or other Writ in a Personal Action returns Nihil habet in Baliva nostra. The other is a Writ of Executi∣on after Judgment, being also of divers kindes; as Capias ad Satisfaciendum, Capias pro Fine, Capias Utlagatum, after Judgment, &c.

Capias ad Satisfaciendum, Is a Writ of Execution after Judgment, lying where a Man recovers in an Action Personal; as for Debt, Damages, Detinue, &c. in the Kings Court: In which case, this Writ Issues to the Sheriff, commanding him to take the body of him, against whom the Debt is recovered, who shall be put in prison, till he make satisfaction.

Capias pro Fine, Is where one, being by Judgment fined to the King, upon some offence committed against a Statute, does not discharge it, according to the Judgment: By this there∣fore is his body to be taken and committed to prison, until he pay the Fine. Coke, lib. 3. fol. 12. Or where, upon a Non est factum pleaded, his Plea is, by evidence or his own after-ac∣knowledgment, not made out or verified, and the like.

Capias Utlagatum, Is a Writ which lies against him, who is outlawed upon any Action Personal or Criminal, by which the Sheriff apprehends the party outlawed, for not appear∣ing upon the Exigend, and keeps him in safe custody till the day of return, and then pre∣sents him to the Court, there farther to be or∣dered for his contempt; which (if in the Com∣mon Pleas) was in former times to be commit∣ted to the Fleet, there to remain till he had sued out the Kings Charter of Pardon, and appeared to the Action. At present, in the Kings Bench, the Outlary cannot be reversed, unless the Defendant appear in person, and by a present of Gloves to the Judges, implore and obtain their savor to reverse it. And in the Common Pleas, the Defendant (not being an Executor or Administrator) is now to give good Bail (which he is allow'd to do by Atturny) to answer the Action, if the Debt or Damage demanded be 20 l. or above, and to pay the Plaintiffs charges, before the outlary be re∣versed. And, by a special Capias Utlagatum in the same Writ, the Sheriff is commanded, and may seize all the Defendants Lands, Goods, and Chattels for the contempt to the King; and the Plaintiff may (after an Inquisition taken thereupon, and returned into the Exchequer) obtain a Lease of the Lands extended, and a grant of the Goods, whereby to compel the Defendant to appear; which, when he shall do and reverse the Utlary, are to be restored to him. See Old Nat. Br. fol. 154. and Table of Reg. Judic. verbo, Capias.

Capias in Withernamium de Averiis, Is a Writ lying for Cattle in Withernam. Reg. of Writs, fol. 82. & 83. See Withernam.

Capias in Withernamium de Homine, Is a Writ that lies for a Servant in Withernam. Reg. fol. 79. & 80. See Withernam.

Capias conductos ad proficiscendum, Is an Original Writ, which lies, by the Common Law, against any Soldier that hath covenanted to serve the King in his War, and appears not at the time and place appointed, directed to two of the Kings Serjeants at Arms to arrest, and take him wheresoever he may be found, and to bring him Coram Consilio nostro; with a Clause of Assistance, 4 Inst. fol. 128.

Capite (from Caput, i. Rex, unde tenere in Capite, i. Tenere de Rege, omnium terrarum Capite) Was a Tenure which held of the King immediately, as of his Crown, were it by Knights Service or Soccage. Broke tit. Tenures, 46, 94. Dyer, fol. 123. num. 38. But, by Stat. 12 Car. 2. cap. 24. all Tenures by Knights Ser∣vice of the King, or of any other person, Knights Service in Capite, or Soccage in Capite of the King, and the Fruits and consequences thereof, are taken away and discharged from 24 Febr: 1645. And all Tenures of all Mannors, Lands, &c. held either of the King, or of any other person from that time, shall be construed and taken for ever to be turned into free and common Soccage. And all Tenures hereafter to be created by the King, upon any Gifts or Grants of Mannors, Lands, &c. are by that Statute ordained to be in free and common Soc∣cage onely, and not by Knights Service, or in Capite, and are to be discharged of all Ward∣ship, &c.

Caption (Captio) When a Commission is ex∣ecuted, and the Commissioners names subscribed to a Certificate, declaring when and where the Commission was executed, that is called the Caption; which commonly begins thus—Virtute istius Commissionis nos, &c. Or Executio istius Commissionis patet in quadam Schedula annexata, &c

Capture (Captura) The taking a prey, a little gain; an Arrest, or Seisure. Anno 14 Car. 2. cap. 14.

Caput Baroniae, Is the Castle or cheif Seat of a Nobleman, which is not to be divided among Daughters (if there be no Son) but must de∣scend to the eldest Daughter, Caeteris filiabus a∣liundè satisfactis.

Carecta & Carectata, (Sax. Cret, unde Cart) A Cart, or Cart-load.—Facient preca∣rias de Caruca & Carecta, i. De aratro & carro. Custumar. Prior. Lewes, M. S.—Quinque Carectatas clausturae, ad praedictae terrae clau∣sturam sustinendam. Mon. Angl. 2. par. fol. 340. a.

Caretarius, A Carter. Sciant—quod ago Herewardus Pril Dedi—In liberam puram & perpetuam Eleemosinam Deo & Altari B. Mariae in Conventuali Ecclesia Leominstr. xii d annui reditus provenientes de quodam Mesuagio in Ma∣risco quod fuit Ricardi Caretarii, &c. sine Dat. Ex libro Cart. Priorat. Leominstr. See Car∣reta.

Cark, Is a quantity of Wool, thirty where∣of make a Sarpler. Anno 27 Hen. 6. cap. 2. See Sarpler.

Carno, Seems to signifie an immunity or priviledge. Cromp. Jurisd. fol. 191. Prior de Melton se & homines suos immunes clamat ab omnibus Amerciamentis in Foresta & ab omnibus Geldis, Footgeldis, Buckstals, Tritis, Carno & Sumag. &c. Itin. Pick. fol. 168. b. Quaere.

Carpemeals, A course kinde of Cloth, made in the North of England; and mentioned Anno 7 Jac. cap. 16.

Carreta (aliàs Carrecta) Was anciently used for a Carriage, Wain or Cart-load. Sci∣ant praesentes & futuri, quod ego Henricus de Ribesford Dedi—Rogero filio Ade Pistonis pro Homagio & Servicio suo totum pratum meum de Wiggemore. Reddend. inde annuatim mibi & haeredibus meis ipse & haredes sui unam Carre∣tam

soeni rationabilem & bene foenatam, &c. Sine dat. Penes Tho. Bridgwater gen.

Carrick or Carrack (Carrucha) A Ship of great burden; so called of the Italian word Carico or Carco, a burden or charge. Menti∣oned 2 Rich. 2. cap. 4.

Cartel. See Chartel.

Carucage (Carucagium) As Hidage was a Taxation by Hides of Land; so Carucage was, by Carucata s of Land.—Dederunt S. Ed∣mundo de qualibet Carucata terrae in toto Episco∣patu quatuor Denarios annuos, quod usque modo, ea de causa, Carucagium est appellatum. Mon. Angl 1 par. fol. 294. a.

Carrucate or Carve of Land (Carrucata terrae, of the Fr. Charrue, i. aratrum) Is a cer∣tain quantity of Land, by which the Subjects have sometimes been taxed; whereupon the Tribute so levied, was called Carvagium. Bracton, lib. 2. cap. 26. num. 8.

Carucata t••rrae, A Plough Land, may con∣tain Houses, Mills, Pasture, Meadow, Wood, &c. Coke on Littl. Sect. 119. Carrucata is some∣times also used for a Cart-load,—Una Car∣rucata ligni in Foresta nostra, quae appellatur de∣fensa. Mon. Angl. 2. par. fol. 311. a. Littleton, cap. Tenure in Soccage, saith that Soca idem est quod Caruca, a Soke or Plough-Land are all one. Yet Stow in his Annals, pag. 271. says, The same King Henry took Carvage, that is two Marks of Silver of every Knights Fee, towards the Marriage of His Sister Isabel to the Emperor: Where Carvage cannot be taken for a Plough-Land, except there were some other farther division, whereby to raise of every Plough-Land so much, and so consequently of every Knights Fee, that is, of every 680 Acres, two Marks of Siver. Rastal, in his Exposition of Words, says, Carvage is to be quit, if the King shall tax all the Land by Carves, that is, a priviledge, whereby a Man is exempted from Carvage. Skene says, it contains as great a Por∣tion of Land as may be labored and tilled in a year and day by one Plough, which also is called Hilda or Hida terrae, a word used in the old British Laws. Lamb. in the end of his Eirenarcha translates Carrucatam terrae, a Plough-Land. The word Carve is mentioned in the Statutes of Wards and Relief, made 28 Edw. 1. And in Magna Char. cap. 5. Anno 1200 facta est Pax inter Johannem Regem Angliae & P. Regem Franciae, &c. Et mutuavit Regi Franciae 30 millia Marcarum, pro quibus collectum est Carvagium in Anglia, scil. iii s. pro quolibet aratro. Ex Registro Priorat. ••e Dunstaple in Bibl. Cotton. See Coke on Littl. fol. 69. a.

Cassatum & Cassata, Habitaculum cum terra idonea ad unam familiam alendam; alias Casa∣mentum; Saxonibus nostris ride; Bedâ, Familia.

Ego Forterus, famulus famulorum Dei, pro redemptione animae meae, unum Cassatum dedi Aldberto Abbati, quae sita est juxta fluvium Aesee, ad portam quae dicitur Bledenithe ad in∣sulam parvam, & ad Ecclesiam beati Martini Confessoris in propriam substantiam. Habendum, Donandumque cuicunque voluerit. Qui hanc cartam infringere temptaverit, sciat seipsum a Communione Sanctorum separatum & ab omni∣potenti Deo. + Ego Forterus consensi & sub∣scripsi. Acta est autem haec donatio Anno DCC. XII. Indictione prima. Ex Reg. Glaston: Caenob. penes Rad. Sheldon Arm.

Castel (Castellum) Is well known. Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse. Every Castle contains a Man∣nor, so as every Constable of a Castle, is Con∣stable of a Mannor. 2 Part. Instit. fol. 31.

Castellain (Fr. Chastellain) The Lord, Owner, or Captain of a Castle, or sometimes the Constable of a Castle, or Fortified House. Bracton, lib. 5. tract. 2. cap. 16. and Lib. 2. cap. 32. num. 2. And used in like sence, 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses, though not a Castle or place of De∣fence. 2 Part. Inst. fol. 31. Manwood, Part. 1. pag. 113. saith, There is an Officer of the Forest called Castellanus, who had the command of all or part of the Forest. Of the use and extent of this Officer in France, see Cotgraves Dicti∣onary, verbo Chastellain.

Castelward (Castelgardum vel Wardum Castri) Is an Imposition laid upon such as dwell within a certain compass of any Castle, to∣wards the maintenance of such as watch and ward the Castle. Magna Charta, cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self, which is inhabited by such as are subject to this service; As in Stows An∣nals, pag. 632.—Et capere ibidem Castleward, viz. De qualibet districtione infra feodum ipsius Ducis capt. ad Castrum (de Halton) ducti & ibidem una de causa, si per solam noctem per∣noctaverit, quatuor Denar. Pl. apud Cestriam, 31 Edw. 3.

Casu consimili, Is a Writ of Entry, grant∣ed, where Tenant by Curtesie, or Tenant for Life, or for anothers Life, Aliens in Fee or in Tail, or for term of anothers life. And it takes name from this, that the Clerks of the Chancery did, by their common consent, frame it to the likeness of the Writ called in Casu Proviso, according to the Authority given them by the Stat. Westm. 2. cap. 24. Which (as often as there happens any new Case in Chancery, something like a former, yet not specially fitted by any Writ) authorises them to lay their Heads together, and to frame a new form, an∣swerable to the new Case, and as like some former, as they may. And this Writ is granted to him in Reversion, against the party to whom the said Tenant so Aliens to his prejudice; and in the Tenants life time. The form and effect whereof, read more at large in Fitz. Nat. Br. fol. 206.

Casu Proviso, Is a Writ of Entry, given by the Statute of Glocester, cap. 7. in case where a Tenant in Dower, Aliens in Fee, or for Term of Life, or in Tail, and lies for him in Re∣version against the Alienee, Fitzh. Nat. Br. fol. 205.

Catals. See Chatels.

Catallis captis nomine districtionis, Is a Writ that lies within a Borough, or within a House, for Rent going out of the same; and warrants a Man to take the Doors, Windows, or Gates, by way of Distress for the Rent. Old Nat. Br. fol 66.

Catallis Reddendis, Is a Writ which lies, where Goods, being delivered to any Man to keep till a certain day, and are not upon de∣mand delivered at the day. It may be other∣wise called a Writ of Delivery. See more of it in the Reg. of Writs, fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law.

Catchpol (Chachepollus & Cacepollus, quasi, One that catches by the Poll) Though now taken as a word of Contempt, yet in ancient times, it was used, without reproach, for such as we now call Sergeants of the Mace, Bailiffs, or any other that use to Arrest Men upon any Action. Anno 25 Edw. 3. Stat. 4. cap. 2.—Hospitalarii Tenent in Hereford unum Mesuagium quod Phi∣lippus filius Odonis tenuit per Seriantiam Cha∣chepolli, quod eis legavit in puram eleemosynam. Rot. de Seriantiis in Heref. temp. Hen. 3. in custod. Camerar. Scaccarii.

Cathedral. See Church.

Cathedratick (Cathedraticum) Is a Sum of 2 s. pa••d to the Bishop by the Inferior Clergy, In Argumentum subjectionis & ob honorem Cathe∣drae. See Hist. of Procurations and Synodals, pag 82.

Caulceis (Anno 6 Hen. 6. cap. 5.) Cau∣cies, (1 Edw. 4. 1.) I think it should be writ∣ten Causways from the old French word Cauz, now Caillon, a Flint, and is well known to sig∣nifie ways pitched with Flint, or other Stone; in Lat. Calceta—pro ponte & calceto reparand. Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya, Casea, and Calsetum, in old Records.

Caursines (Caursini) Were Italians by Birth, and came into England about the year 1235, terming themselves the Popes Merchants, driving no other trade then letting out Money, and had great Banks thereof in England, and differed little from Jews, save that they were rather more merciless to their Debtors. Some will have them called Caursines, quasi, Causa ursini, Bearish and cruel in their Causes; others Caursini, quasi, Corrasini, from scraping all together. The theu Bishop of London excommu∣nicated them. See Matth. Paris, p. 403.

Causam nobis significes, Is a Writ di∣rected to a Major of a City, or Town, &c. who was formerly by the Kings Writ, com∣manded to give seifin to the Kings Grantee of any Lands or Tenements, and delays to do it, willing him to shew cause, why he so delays the performance of his duty. Coke, lib. 4. Casu, Communaltie des Sadlers, fol. 55. b.

Causa Matrimonii Praelocuti, Is a Writ, which lies in case where a Woman gives Lands to a Man in Fee, to the intent he shall marry her, and refuseth to do it in reasonable time, being thereunto required. The form and fur∣ther use of it, see in Reg. of Writs, fol. 233. and Fitz. Nat. Br. fol. 205.

Cautione admittenda, Is a Writ that lies against a Bishop, holding an excommuni∣cate person in prison for his contempt, not∣withstanding he offers sufficient Caution or Assurance to obey the Orders and Command∣ments of Holy Church from thenceforth. The form and further effect whereof, see in Reg. of Writs, pag. 66. and Fitz. Nat. Br. fol. 63.

Caya, A Key, or Water-lock; from the Sax. Cæg. See Kay.

Ceapgild (Sax. Ceap, pecus & gild, so∣lutio) Pecudis seu catalli restitutio.

Cellerarius alias Cellarius, Officialis est in Monasterio qui fratrum stipendia servat & ad∣ministrat. M. S.

Century. See Hundred.

Cepi Corpus, Is a Return made by the Sheriff, upon a Capias or other Process for the like purpose, that he hath taken the Body of the party. Fitz. Nat. Br. fol. 26.

Cerage (Ceragium) See Waxshot.

Cert Money (quasi, Certain Money) Head∣money or Common Fine, paid yearly by the Resiants of several Mannors to the Lords thereof, Pro certo Letae, for the certain keep∣ing of the Leet, and sometimes to the Hundred. As the Mannor of Hook, in Dorsetshire, pays Cert-money to the Hundred of Egerdon. This in ancient Records is called Certum Letae. See Common Fine.

Certificat (Lat.) Is used for a Writing made in any Court to give notice to another Court of any thing done therein. For example, a Certificat of the cause of Attaint is a Tran∣script made briefly by the Clerk of the Crown, Clerks of the Peace, or of Assise, to the Court of Kings Bench, containing the Tenor and Effect of every Indictment, Outlary, or Conviction, or Clerk attainted, made or pronounced in any other Court, Anno 34 H. 8. cap. 14. Broke, fol. 119.

Certification of Assise of Novel Disseisin, &c. (Certificatio Assisae novae Disseisinae, &c. (Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices. Of which see Reg. of Writs, f. 200. And the New Book of Entries, verbo, Certificat of Assise. This is used, when a Man (appearing by his Bailiff to an Assise brought by another, hath lost the day; and having something more to plead for himself, as a Deed of Release, &c. which the Bailiff did not, or might not plead for him) desires a far∣ther examination of the cause, either before the same Justices, or others; and obtains Let∣ters Patent to them to that effect. (The Form of which Letters, see in Fitz. Nat. Br. fol. 181.) and that done, brings a Writ to the Sheriff, to call, both the party for whom the Assise passed, and the Jury that was empaneld on the same, before the said Justices at a certain day and place. And it is called a Certificat, because therein mention is made to the Sheriff, that upon the parties complaint of the Defective

Examination, or Doubts yet remaining upon the Assise pa••sed, the King hath directed His Letters Patent to the Justices, for the better certifying themselves, whether all Points of the said Assise were duly examined. Of this read Bracton, lib. 4. cap. 19. num. 4. and Horns Mirror, lib. 3.

Certificando de recognitione Stapulae, Is a Writ directed to the Major of the Staple, &c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him, in case where the party himself detains it, and re••use h〈…〉〈…〉 bring it in. Reg. of Writs, fol. 152. b. The like may be understood of Cer∣tificando de Statuto Mercatorio, fol. 148. And De Certificando in Cancellariam de Inquisitione de Idemptitate nominis, fol. 195. And Certificando quando Recognitio, &c. And Certificando quid actum est de brevi super Statutum Mercatorium, fol. 151. And Certificando si loquela Warrantiae, fol. 13

Certiorari, Is a Writ, issuing out of the Chancery to an Inferior Court, to call up the Records of a Cause there depending, that con∣scionable Justice may be done therein, upon complaint made by Bill, that the party, who seeks the said Writ, hath received hard deal∣ing in the said Court. See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register, both Original and Judicial in the Ta∣bles, verbo, Certiorari. Crompton, in his Justice of Peace, fol. 117. says, This Writ is either returnable in the Kings Bench, and then hath these words (Nobis mittatis) or in the Chancery, and then hath in Cancellaria nostra, or in the Common Bench, and then, Justiciariis nostris de Banco.

Cessavit, Is a Writ that lies in divers Cases, as appears by Fitz. Nat. Br. fol. 280. Upon this general ground, i. That he against whom it is brought, hath for two years neglected to per∣form such Service, or to pay such Rent, as he is tied to by his tenure, and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained. See Fleta, lib. 5. cap. 34. sect. visa sunt. See Cessavit de Cantaria. Cessavit de feodi firma. Cessavit per biennium, in Reg. of Writs, fol. 237, 238. And New Book of Entries, verbo, Cessavit. It lies not, but for Annual Ser∣vice, as ••eat, and such like, not for Homage or Fealty.

Cesses (Anno 22 Hen. 8. cap. 3.) Seems to signifie Assessments or Taxes. Cesse or Ceasse in Ireland, is an exaction of Provision of Victu∣als at a certain rate for the Deputies Family, and the Soldiers in Garison. Sir Rich. Bakers Chron. fol. 376.

Cession (Cessio) A ceasing, yielding up or giving over. Si un Farson ou Dean en Angli∣terre prist un Evesquery en Ireland, ceo fait le primier Esglise void per Cession. Latches Rep. fol. 234.—Ratione vacationis Prioratus praedicti, per Cessionem Fratris Rogeri de Wellington, ulti∣mi Prioris, &c. Claus. 13 Edw. 3. pag. 1. m. 38.

Cessor (Lat.) A loyterer or idle fellow; but we use it for him who ceaseth, or neglects so long to perform a duty belonging to him, as he thereby incurs the danger of Law, and is liable to have the Writ Cessavit brought against him. Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth, without any more words, is to be understood, that the Tenant ceaseth to do what he ought, or is bound to do by the Tenure of his Lands or Tenement.

Cessure or Cesser, Is also used for a ceas∣ing; giving over, or departing from. Westm. 2. cap. 41.

Cestui qui vie (in true French, Cestui a vie de qui) Is he for whose life any Land or Tenement is granted. Perkins, tit. Grants, 97.

Cestui que use (an Abstract of the Fr. Cestui al use de qui) Is an usual phrase, signi∣fying him to whose use any other Man is en∣feoffed in any Lands or Tenements. See the New Book of Entries, verbo, Uses. And in Re∣plevin, fol. 508. colum. 3. and, verbo, Trespass, fol. 606. and fol. 123. a, b. col. 3. num. 7. Anno 1 Rich. 3. cap. 1. and Coke, lib. 1. fol. 133. Anno 12 Car. 2. cap. 30.

Cestui qui trust, Is he who hath a trust in Lands or Tenements committed to him for the benefit of another. Anno 12 Car. 2. cap. 30.

Chafewax, Is an Officer in Chancery, that fits the Wax for the Sealing of the Writs, and such other Instruments as are there made to be issued out. So in France, Calefactores cerae sunt, qui regiis literis in Cancellaria ceram imprimunt. Corasius.

Chaffers (Anno 3 Edw. 4. cap. 4.) Seem to signifie Wares or Merchandize; for Chaffering is yet used for buying and selling.

Chaldron or Chalder of Coals, Con∣tains Thirty six Bushels heape up, and accord∣ing to the Bushel sealed for that purpose at Guildhal in London. Annis 16 & 17 Car. 2. cap. 2. It is written Chawdren, Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud, i. hot.

Challenge (from the Fr. Chalenger, i. sibi asserere) Is used for an Exception taken, either against persons or things; Persons, as, in Assise, to the Jurors, any one, or more of them; or in case of Felony, by the Prisoner at the Bar, Bracton, lib. 2. tract. 2. cap. 22. Things, as against a Declaration. Old Nat. Br. fol. 76.

Challenge to the Jurors, Is either made to the Array, or to the Polls: To the Array is, when the whole number is excepted against, as partially empanelled: To, or by the Poll, is when some one or more are excepted against, as not indifferrnt. Challenge to the Jurors, is also divided into Challenge Principal, and Challenge per Cause, i. Upon Cause or Reason. Challenge Principal, otherwise called Peremp∣tory, is that which the Law allows without cause alleaged, or further examination. Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar, arraigned upon Felony, may peremptorily Challenge 20, one after another, of the Jury empanelled upon him, alleaging no cause, but his own dislike,

and they shall be still put off, and new taken in their places. But in case of High Treason, no Challenge Peremptory is allowed. Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal, and Challenge Pe∣remptory; this being used onely in matters cri∣minal, and barely without cause alleaged, more then the prisoners own fancy. Stams. Pl. Cor. fol. 124. That, in civil actions for the most part, and with assigning some such cause of Excep∣tion, as, being found true, the Law allows. For example, if either party alleage, That one of the Jurors is the Son, Brother, Cosin, or Tenant to the other, or married his Daugh∣ter; this Exception is good (if true) without further examination of the parties credit. How far this Challenge upon Kinred extends, see in Plowden, Casu Vernon, fol. 425.

Also in the Plea of the Death of a Man, and in every Real Action, and in every Action Per∣sonal, where the Debt or Damages amount to forty Marks, it is a good Challenge to any Juror, that he cannot dispend 40•• per annum of Freehold, Anno 11 Hen. 7. cap. 21. The ground of this Challenge, you may see in Fleta, lib. 4. cap. 8. Challenge upon Reason or Cause, is, when the party does alleage some such Excepti∣on against one, or more of the Jurors, as is not forthwith sufficient, upon acknowledgment of the truth of it, but rather arbitrable and considerable by the rest of the Jurors; as, if the Son of the Juror have married the Daugh∣ter of the adverse party. Kitchin, fol. 92. where you may read, what Challenges are commonly accounted Principal, and what not. See the New Book of Entries, on this word Challenge; which was anciently Latined by Calumnia, as appears by Bracton, lib. 3. tract. 2. cap. 18. See Coke on Littl. fol. 156, 157, &c. and Calangium.

Chamberdekins or Chaumberdakins, Were certain Irish begging Priests, banished England. Anno 1 Hen. 5 cap. 7, 8.

Chamberer, Is used for a Chamber-maid. Anno 33 Hen. 8. cap. 21.

Chamberlain (Camerarius) Is diversly used in our Chronicles, Laws, and Statutes; as Lord Great Chamberlain of England, Lord Chamberlain of the Kings House; the Kings Chamberlain (Anno 13 Edw. 3. cap. 41.—17 Rich. 2. cap. 6.) to whose Office it especially appertains to look to the Kings Chambers and Wardrobe, and to govern the under Officers belonging thereto. Fleta, lib. 2. cap. 6, 7. Cham∣berlain of any of the Kings Courts, 7 Edw 6. cap. 1. Chamberlain of the Exchequer, 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales. Stow, pag. 641. Chamberlain of Chester, and Chamberlain of the City of Lon∣don. Crompt. Jurisd. fol. 7. To which Chamber∣lainships of London and Chester, do belong the receiving all Rents and Revenue appertain∣ing to those Cities; and to the Chamberlain of Chester, (when there is no Prince of Wales, and Earl of Chester) the receiving and return of all Writs coming thither out of any of the Kings Courts.

There are two Officers of this name in the Exchequer, who keep a Controlment of the Pells of Receipt and ••xitus, and certain Keys of the Treasure and Records, and the Keys of the Treasury, where the Leagues of the Kings Predecessors, and divers ancient Books, as Domesday, and the Black Book of the Exchequer remain. This Officer is mentioned in the Sta∣tute 34 & 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer, which see in Under Chamberlain. The Latin word seems to express the Function of this Officer; For Camerarius dicitur a Camera (i. Testudine sivè fornice) quia custodit pecunias, quae in Ca∣meris praecipuè reservantur.

Champarti (from the Fr. Champ, a Field and Parli, divided; because the Field or Land in question, is commonly divided between the Champartor, who maintains the sute, and the person in whose name and right he sues) Sig∣nifies a Maintenance of any Man in his sute, upon condition to have part of the thing (be it Land or Goods) when it is recovered. This seems to have been an ancient grievance in our Nation; for nowithstanding the several Sta∣tutes of 3 Edw. 1. cap. 25.—13 Edw. 1. c. 49.—28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 & 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them; yet 4 Edw. 3. cap. 11. it was again Enacted, That whereas a former Statute pro∣vided Redress for this in the Kings Bench onely (which in those days followed the Court) from thenceforth it should be lawful for Justices of the Common Pleas, and Justices of Assise, in their Sessions, to enquire, hear, and determine this, and such like Cases, as well at Sute of the King, as of the Party. How far this Writ extends, and the divers Forms of it applied to several Cases, see Fitz. Nat. Br. fol. 171. Reg. of Writs, fol. 183. And New Book of Entries, verbo, Champarti. Every Champarti implies a Maintenance, Crompt. Jurisd. fol. 39. See also 2 Part. Inst. fol. 208.

Champartors, Be they, who move Pleas or Sutes, or cause them to be moved, either by their own procurement, or by others. and sue them at their proper costs, to have part of the Land in variance, or part of the gains. Anno 33 Edw. 1. Stat. 2. in fine.

Champion (campio) Is taken not onely for him, that fights the Combat in his own case, but for him also that does it in the place or quarrel of another. Bracton, lib. 3. tract. 2. cap. 21. num. 24. who also seems to use this word for such as held of another by some service; as, Campi∣ones faciunt Homagium Domiuo suo, lib. 2. cap. 35. Hottoman de verbis feudalibus, Defines it thus, Campio est Certator pro alio datus in duello, a Campo dictus, qui circus erat decertantibus de∣finitus. And therefore it is called Campfight. See Combate, and Sir Edward Bishes Notes upon Upton, where fol. 36. you will finde that Henricus de Fernbureg, for thirty Marks Fee,

did by a Charter under his Seal, Covenant to be Champion for Roger, Abbot of Glastonbury. Anno 42 Hen 3. see 3 Inst. fol. 221.

Champion of the King (Campio Regis) Whose Office is, at the Coronation of our Kings, to ride into Westminster Hall armed Cap••a••pe, when the King is at dinner there, and throw down his Gantlet by way of Challenge, pronounced by a Herauld; That if any Man shall deny or gain-say the Kings title to the Crown, he is there ready to defend it in sin∣gle Combat, &c. Which being done, the King drinks to him, and sends him a gilt Cup with a Cover full of Wine, which the Champion drinks, and hath the Cup for his Fee.

This Office (ever since the Coronation of King Richard the Second, when Baldwin Fre∣vile exhibited his Petition for it) was adjudged from him to Sir John Dymock, his Competitor (both claiming from Marmion) as producing better Records and Evidence; and hath con∣tinued ever since in the worthy family of Dy∣mock, who hold the Mannor of Scrivelsby in Lincolnshire, hereditarily from the Marmions, by Grand Sergeanty, viz. That the Lord thereof shall be the Kings Champion, as above∣said. Camd. in part. Fin. Mich. 1 Hen. 6. Ac∣cordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty, King Charles the Second, 23 April. 1661.

Chancellor (Cancellarius) This Officer in late times is greatly advanced, not onely in our, but in other Kingdoms: For he is the chief Administrator of Justice, next to the Soveraign. All other Justices in this Kingdom are tied to the Law, and may not swerve from it in Judgment; but the Chancellor hath the Kings absolute power to moderate the Written Law, governing his Judgment by the Law of Nature and Conscience, and ordering all things juxta aequum & bonum. Wherefore Stanford (in his Praerog. cap. 20. fol. 65.) says, The Chan∣cellor hath two powers, one absolute, the other ordinary; meaning, that, though by his ordi∣nary power in some cases, he must observe the form of proceeding, as other Inferior Judges, yet in his absolute power, he is not limitted by the Written Law, but by Conscience and E∣quity, according the Circumstances of Matter. And though Polydor Virgil, an alien, under∣taking to write the History of England, sup∣posed he did not mistake, when he makes our William the Conqueror, the Founder of our Chancellors; yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England, long before that time, which are mentioned in his Origines Juridiciales, and Catalogue of Chancellors, whose great Authorities under their Kings, were in all probability drawn from the reasonable Cu∣stoms of Neighbor Nations, and the Civil Law.

He that bears this Magistracy, is called The Lord Chancellor of England, and is made so Per traditionem magni Sigilli sibi per Dominum Regem, and by taking his Oath. And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper, have one and the same Power; and therefore since that Statute, there cannot be a Lord Chancellor, and Lord Keeper, at one and the same time, but before there might, and hath been. Yet see Keeper See Fleta, lib. 2. cap. 12, 13. and Cokes 4 Instit. fol. 78, 79. Di∣vers Inferior Officers are also called Chancellors, As

Chancellor of the Exchequer (Anno 25 Hen 8. cap. 16.) Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer: He sits in the Court, and in the Exchequer Chamber, and with the rest of the Court, orders things to the Kings best benefit. He is always in Com∣mission with the Lord Treasurer, for letting the Lands that came to the Crown by the disso∣lution of Abbeys, or otherwise; and hath by the Statute of 33 Hen. 8. cap. 39. power with others, to compound for the Forfeitures upon Penal Statutes, Bonds, and Recognizances, entred unto the King: He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue, and concerning the First Fruits, as appears by the Acts for uniting them to the Crown.

Chancellor of the Dutchy of Lancaster, (Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem, cap. 26.) Whose Office is principal in that Court, to judge and determine all Controversies between the King, and His Tenants of the Dutchy-Land, and otherwise to direct all the Kings Af∣fairs belonging to that Court.

Chancellor of the Order of the Garter. Stows Annals, pag. 706. Chancellor of the Universi∣ties, Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmenta∣tions, 27 Hen. 8. cap. 27.—32 Ejusdem, cap. 20. & 33 Ejusdem, cap. 39. Chancellor of the First Fruits. 32 Hen. 8. cap. 45. Chancellor of Courts. 32 Hen. 8. cap. 28. Chancellor of the Diocess, 32 Hen. 8. cap. 15, &c.

Chance medley (from the Fr. Chance, i. Lapsus and Mesler, i. Miscere) Signifies the casual slaughter of a Man, not altogether with∣out the fault of the slayer. Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure. West calls it Homicide mixt (Part. 2. Symbol. tit. Indictments, Sect. 5.) and there defines it thus; Homicide mixt is, when the Killers ignorance or negligence is joyned with the Chance; As if a Man lop Trees by a Highway side, by which many usually travel, and cast down a bough, not giving warning to beware of it, by which bough one passing by, is by chance slain. In this case he offends, because he gave no warn∣ing, that the party nigh have taken better heed. See Skene, verbo, Melletum, who says this is called Chaudmelle in Scotland.

Chancery (Cancellaria) Is the Grand Court of Equity and Conscience, moderating the rigor of other Courts most strictly tied to the Letter of the Law, whereof the Lord Chan∣cellor of England, is the chief Judge. Crompt. Jurisd. fol. 41. or else the Lord Keeper of the

Great Seal, since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court, are the Lord Chancellor or Keeper of the Great Seal, who is sole Judge here; the Master of the Rolls, (anciently called Gardein des Rolls) who in the Lord Chancellors absence, heareth Causes and gives Orders, 4 Instit. fol. 97. Twelve Masters of the Chancery, who are Assistants, and sit by turns on the Bench; the Six Clerks, who have each of them about Fifteen Clerks under them, in nature of Atturneys in the Court; Two chief Examiners, who have five or six Clerks a piece; One chief Register, who hath usually four or five Deputies. The Clerk of the Crown, the Warden of the Fleet, the Usher, Sergeant at Arms, and Crier of the Court; the Cursiters and their Clerks; the Clerks of the Petty-Bag; the Clerk of the Hanaper, the Comptroller of the Hanaper; the Clerk of Appeals; the Clerk of the Facul∣ties; the Scaler, the Chafe-Wax; the Clerk of the Patents, Clerk of Presentations, Clerk of Dismissions, Clerk of Licences to alienate, Clerks of the Enrolments, Clerks of the Pro∣tections, Clerk of the Subpenas, Clerk of the Affidavits, &c. which see described in their several places. See Cokes 4 Inst. fol. 82.

Changer, Is an Officer belonging to the Kings Mint, whose Function cheifly consists, in exchanging Coyn for Bullion, brought in by Merchants, or others. Anno 2 Hen. 6. cap. 12. where it is written (after the old way) Chaun∣geour.

Chantry. See Chauntry.

Chapel (Capella) Fr. Chapelle, i. aedicula) Is of two sorts, either adjoyning to a Church, as parcel of it, which persons of quality build, Ut ibidem familiaria Sepulchra sibi con∣stituant; or else separate from the Mother Church, where the Parish is wide, and is com∣monly called a Chappel of Ease; because it is built for the ease of one or more Parishioners that dwell far from the Church, and is served by some Inferior Curate, provided at the charge of the Rector, or of him that hath benefit by it, as the Composition or Custom is.

There is also a Free Chappel, which seems to be such as hath perpetual maintenance towards the upholding it, and the Curates stipend, by some Lands or Rents charitably bestowed on it, without the charge of the Rector or Parish. Anno 37 Hen. 8. cap. 4. Anno 1 Edw. 6. cap. 14.

Chapelry (Capellania) Is the same thing to a Chappel, as Parish is to a Church, i. The Precinct and Limits of it. Mentioned in the Stat. 14 Car. 2. cap. 9.—Capellania Sancti Oswaldi, Mich. 32 Edw. 1. Coram Rege, Glouc.

Chaperon (Fr.) A Hood or Bonnet, men∣tioned in the Stat. 1 Rich. 2. 17. And among Heraulds, it is that little Escocheon, which is fixed in the forehead of the Horses that draw the Herse at a Funeral.

Chapiters (Lat. Capitula, Fr. Chapiters, i. The Chapters of a Book) Signifies a Sum∣mary or Content of such Matters as are to be enquired of, or presented before Justices in Eyr, Justices of Assize, or of Peace in their Sessions. This it is used Anno 3 Edw. 1. cap. 27.—And that no Clerk of any Justice, Escheator, or Commissioner in Eyr, shall take any thing for delivering Chapters, but onely Clerks of Justices in their Circuits. And again, Anno 13 Ejusdem, cap. 10.—The Sheriff shall certifie the Chapiters before the Justices in Eyr, how many Writs he hath, and what. &c. Britton (cap. 3.) useth the word in the same signification. Chapiters are now most usually called Articles, and are delivered by the Mouth of the Justice in his Charge, to the Enquest; whereas in ancient time (as appears by Bracton and Britton) they were (after an Exhortation given by the Justi∣ces for the good observation of the Laws, and Kings peace) first read distinctly in open Court, and then delivered in writing to the Grand Enquest, which the Grand Jury or Enquest were likewise to answer upon their Oaths, Af∣firmatively or Negatively, and, not as they do now, put the Judges to make long and learned Charges to little, or no purpose, and forswear∣ing or wilfully not remembring their Know∣ledge of Transgressors, against the Design and Enquiry of those Articles, do think their Oaths and Duty to God and the King, and their Countrey, well enough satisfied and performed, if they onely present those few, of many more, Misdemeanors, which are brought unto them by way of Indictments. The same Order of Articles, Lambert wishes might still be obser∣ved. Eiren. lib. 4. cap. 4. pag. 393. Horn (in his Mirror of Justices) calls them Articles, and expresses what they were wont to contain. Lib. 3. cap. Des Articles in Eyr.

Chaplain or Chapellain (Capellanus) Is now most commonly taken for him, who is de∣pending on the King, or other Noble person, to instruct him and his family in Spirituals, and say Divine Service in his house, where com∣monly they have a private Chappel for that purpose. As Anno 21 Hen. 8. cap. 13. which ordains what person may priviledge one or more Chaplains to discontinue from their Be∣nefices, in respect of their particular ser∣vice.

Chapter (Capitulum) Signifies Congre∣gationem Clericorum in Ecclesia Cathedrali, Conventuali, regulari vel Collegiata, and in another sence, Locum in quo siunt communes tractatus Collegiatorum. It hath other signifi∣cations, not worth mentioning here, which you may read in Linwoods Provin. Gloss. verbo, Capitulum. This Collegiat Company or Cor∣poration, is Metaphorically termed Capitulum, (signifying originally a little Head) it being a kinde of Head, not onely to rule and govern the Diocess, in the Vacation of the Bishoprick, but also in many things to advise the Bishop, when the See is full. See Panormitan, in cap. Capitulum extra de rescriptis.—Ad Dedica∣tiones, ad Synodos, ad Capituia vonientibus

Sit summa Pax. LL. Edwardi Confess. cap. 3.

Charre of Lead. La Charre de plumbo con∣stat ex 30 forme〈…〉〈…〉s, & quaelibet formella con∣tinet 6 Petras, exceptis duabus libris, & quae∣libet Petra constat ex 12 libris. Assisa de pon∣deribus Rob. 3 R. Scot. cap. 22. sect. 2.

Chart (Charta) Paper, Parchment, or any thing to write on; also a Card, mentioned 14 Car. 2. cap. 33. See Charter.

Chartel (Fr. Cartel) A Letter of Defiance, or a Challenge to a (single) Combat: In use when those Combats were in practise, to decide difficult, and not otherwise to be determined Controversies in Law.

Charter (Charta, Fr. Chartres, i. Instru∣menta) Is usually taken for written Evidence of things done between Man and Man. Where∣of Bracton, lib. 2. cap. 26. num. 1. says thus, Fiunt aliquando Donationes in scriptis, sicut in chartis, ad perpetuam rei memoriam, propter brevem hominum vitam—And (Num. 12.) & sciendum quod Chartarum alia regia, alia pri∣vatorum; & regiarum, alia privata, alia com∣munis, & alia universalis. Item, privatorum alia de puro Feoffamento & simplici, alia de Fe∣offamento conditionali sive conventionali, & se∣cundùm omnia genera Feoffamentorum fieri potest. Item privatorum alia de recognitione pura vel conditionali. Item alia de quiete clamantia, & de confirmatione, &c. Britton likewise in his 39 Chapter, divides Charters into those of the King, and those of private persons.

Charters of the King, are those whereby the King passeth any Grant to any person or more, or to any Body Politick; as a Charter of Ex∣emption, that a Man shall not be empanel'd upon any Jury. Kitchin, fol. 314. and 177.

Charter of Pardon, whereby a Man is for∣given a Felony, or other offence committed against the Kings Crown and Dignity. Brook, tit. Charter of Pardon.

Charter of the Forest, wherein the Laws of the Forest are comprised. Anno 9 Hen. 3. Cromp. Jurisd. fol. 147. Pupilla oculi. par. 5. cap. 22 Manwood, pag. 1. fol. 1. Where he sets down the Charters of Canutus, and fol. 17. that which was made 19 Hen. 3. with the Charter of the Forest. Of these Charters you have al∣so a long discourse in Fleta, lib. 3. cap 14. Who particularly expounds every substantial part of a Deed of Gift. See Magna Charta.

Charter-land (terra per Chartam) Is such as a Man holds by Charter, that is by evidence in writing, otherwise called Freehold. Anno 19 Hen. 7. cap. 13. and Kitchin, fol. 86. This in the Saxons time was called Bocland, which was held (according to Lambert in his Explication of those words, Verbo, Terra ex scripto) with more commodious and easier conditions, then Folkland was; that is, Land held without wri∣ting; because that was Haereditaria libera atque immunis; whereas, Fundus sine scripto censum pensitabat annuum, atque officiorum quadam ser∣vitute est obligatus; Priorem viri plerumque no∣biles atque ingenui, posteriorem rustici ferè & pagani possidebant. Illam nos vulgò Freehold & per Chartam; hanc ad voluntatem Domini appellamus. Thus Lambert.

Charter-party (Lat. Charta partita, Fr. Chartre-parti, i. A Deed or Writing divided) Is that among Merchants and Sea-••aring men, which we commonly call a Pair of Indentures, containing the Covenants and Agreements made between them, touching their Merchandise and Maritime Affairs. Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case, and 2 Inst. fol. 673.

Chartis Reddendis, Is a Writ which lies against him that hath Charters of Feo••ment en∣trusted to his keeping, and refuseth to deliver them. Old Nat. Br. fol. 66. Reg. of Writs, fol. 159.

Chase, (Fr. Chasse) Signifies two things: First, a driving Cattle to, or from any place; as to chase a Distress to a Fortlet. Old Nat. Br. fol. 45. Secondly, it is a place of Receipt for Deer, and Wilde Beasts, of a middle nature between a Forest and a Park, being commonly less then a Forest, and not endued with so many Liberties, as the Courts of Attachment, Swain-mote, and Justice-seat; and yet of a larger compass, and stored with greater diver∣sity, both of Keepers and Wilde Beasts, or Game, then a Park. Crompton in his Jurisd. fol. 148. says, A Forest cannot be in the hands of a Subject, but it forthwith loseth its name, and becomes a Chase; and yet fol. 197. he says, A Subject may be Lord and owner of a Forest, which though it seems a contradiction, yet both sayings are in some sort true. For the King may give or alienate a Forest to a Subject, yet so, as, when it is once in the Subject, it loseth the true property of a Forest; because the Courts called the Justice-seat, Swain-mote, and Attachment, do forthwith vanish; none being able to make a Lord Chief Justice in Fyr of the Forest, but the King; as Manwood well observes Par. 2. cap. 3. & 4. Yet it may be grant∣ed in so large a manner, as there may be At∣tachment, Swain-mote, and a Court equivalent to a Justice Seat, as appears by him in the same Chapter, num. 3. So that a Chase differs from a Forest in this, because it may be in the hands of a Subject, which a Forest, in his proper and true nature, cannot; and from a Park, in that it is not enclosed, and hath not onely a larger compass, and more variety of Game; but of Keepers also, and Officers. See For∣est.

Chattels or Catals (Catallia alias Capi∣talia) Comprehend all Goods moveable and immoveable, except such as are in nature of Freehold, or parcel of it, as may be collected out of Stamf. Praerog. cap. 16. and Anno 1 E∣liz. cap. 2. Yet Kitchin, fol. 32. says, That Money is not to be accounted Goods or Chat∣tels, because it is not of it self valuable; nor Hawks and Hounds, for they are Ferae naturae. Chattels are either personal or real. Personal, may be so called in two respects: One, because they belong immediately to the person of a

Man, as a Bow, Horse, &c. The other, for that being any way injuriously withheld from us, we have no means to recover them, but Personal Actions. Chattels real, are such as either appertain not immediately to the person, but to some other thing, by way of dependency, as a Box with Charters of Land, Apples upon a Tree, or a Tree it self growing on the Ground. Cromp. Just. of Peace, fol. 33. or else such as are issuing out of some immoveable thing to a person, as a Lease or Rent for term of years. See Bracton, lib. 3. cap. 3 num. 3. & 4. Chattels are bona quaecunque mobilia & im∣mobilia; propriè tamen ea bonorum pars, quae in animalibus consistit, a quorum capitibus, res ipsae alias capita alias capitalia dicta sunt. Spelman.

Chaumpert.—Et quod tam praedictae xx. virgatae terrae, quam terrae, unde dicta quater∣viginti quarteria srumenti annua proveniunt, de nobis in Capite, per servitium, vocatum Chaum∣pert, viz. Undecimae garbae, nobis per manus tenentium to••rarum earundem, annuatim sol∣vendae, tenentur. Pat. 35 Edw. 3. pag. 2. m. 18. Hospital. de Bowes infra Insulam de Gernesey.

Chaunce-medley. See Chance-medley.

Chaunter (Cantator) A Singer in the Quire. Anno 13 Eliz. cap. 10. At S. Davids in Pem∣brokeshire, the Chaunter is next to the Bishop, for there is no Dean. Cam Britan.

Chauntry (Cantaria) Aedes sacra; ideo instituta & dotata praediis, ut Missa ibidem can∣taretur pro anima fundatoris & propinquorum ejus. These were usually little Chappels or particular Altars in some Cathedral or Paro∣chial Church, and endowed with Lands, or other Revenue, for the maintenance of one or more Priests, to officiate as abovesaid. Men∣tioned 37 Hen. 8. cap. 4.—1 Edw. 6. c. 14. & 15 Car. 2. cap. 9. Of these Chantries, there were forty seven belonging to S. Pauls Church in London; for which, see Mr. Dugdales History of that Church.

Sciant—quod ego Reginaldus Suard dedi—Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae, &c. Dat. apud Leominstre die Martis prox. post Festum Sancti Hillarii, Anno 7 Hen. 5.

Chawdren of Sea-Coals. Anno 9 Hen. 5. cap. 10. See Chaldron.

Check-Roll, Is a Roll or Book, contain∣ing the names of such as are attendants, and in pay to the King, or other great persons, as their Houshold-servants. Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll, Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted, or derived from the Exchequer, which vide. Clerk of the Check, see in Clerk

Chemin. See Chimin.

Chensers (Anno 27 H. 8. cap. 7.) Quaere If not such as paid tribute or Cense; Quit-rent, or Cheif Rent; For so the Fr. Censier signifies.

Cherset. See Churchesset.

Chevage (Chevagium, from the Fr. chef, i. caput) Signifies a Tribute, or sum of Money formerly paid by such as held Lands in Villan∣age or otherwise, to their Lords in acknow∣ledgment; and was a kinde of Head, or Poll-Money. Whereof Bracton, lib. 1. cap. 10. says thus, Chevagium dicitur recognitio in sig num sub∣jectionis & Dominii de capite suo. It seems also to be used for a sum of Money, yearly given to a Man of power, for his Countenance and Protection, as to their cheif Head or Leader. Lambert (lib. 2. cap. 5. Eirenarch.) writes it Chivage; we now call it Chiefage. Est & apud Wallos Chevagii genus quod Amabr vocant, Principi Walliae pro maritandis filiabus, olim ab omnibus (ut asserunt) hodie a quibusdam (etiam liberis) persolutum, says Spelman on the word Chevagium. See Coke on Littl. fol. 140.

Chevisance (Fr. Chevissance) An Agree∣ment or Composition made; an End or Order set down between a Creditor and a Debtor; sometimes taken for an indirect gain or booty. Lo. Verulam in his Hen. 7. But in our Statutes it is most commonly used for an unlawful Bargain or Contract. As 37 Hen. 8. cap. 9. 13 Eliz: c. 5. and 8 & 12 Car. 2. cap. 13.

Chevitiae & Chevisc••, Hades at the end of Ploughed Lands.—Novem acras terrae cum Cheviscis ad ipsas pertinentibus. Mon. Angl 2 par. fol 116.

Chief. See Capite.

Chiefage. See Chevage.

Chief Pledge (Plegius vel vas capitalis) Anno 20 Hen. 6. cap. 8. See Borowhead.

Childwit (Sax.) Signifies a power to take a Fine of a Bond-woman, unlawfully begotten with childe. Prior habeat Gersumam de Nativa sua impraegnata sine licentia maritandi. Ex Re∣gistro Priorat. de Cokes ord. Every reputed Father of a base child, gotten within the Mannor of Writtel in Com. Essex, pays to the Lord for a Fine 3 s, 4 d. Where it seems to extend as well to Free as Bond-women; and the Custom is there also called Childwit.

Chimin (Fr. Chemin, i. aditus, via) Sig∣nifies a way; which is of two sorts. The Kings High-way, and a private way. Kitchin, fol. 35. The Kings High-way (Chiminus Regius) is that, in which the Kings Subjects, and all others un∣der His Protection, have free liberty to pass, though the property of the soyl, where the way lies, may perhaps belong to some private man. A Private way is that, in which one man or more have liberty to pass, either by Pre∣scription or by Charter, through another mans ground. And this is divided into Chimin in gross, and Chimin appendant. Kitchin, fol. 117. Chimin in gross, is that way which a man holds principally and solely in it self; Chimin ap∣pendant is that which a man hath as appurtenant to some other thing. As, if he hire a Close of Pasture, with Covenant for ingress and regress, through some other Ground, in which, other∣wise he might not pass. See Coke on Littl. fol. 56.

Chiminage (Chiminagium) Signifies a Toll for Wayfarage through the Forest. Cromp.

Jurisd. fol 189. Telonium quod in Forestis exige∣bant Forestarii a plaustris & equis oneris causâ eò venientibus. Charta Forestae, cap. 14. Nullus Forestarius de caetero, qui non sit Forestarius de feodo, reddens nobis firmam pro baliva sua, capiat Chiminagium aliquod in Baliva sua, &c. The Feadists call it Pedagium. This in Poulton, fol. 8. is falsly Printed Chimmage; and in a Re∣cord in the Tower, I finde Chimage.

Chimney Money, Otherwise called Hearth-Money. By Statute 14 Car. 2. cap. 12. Every Fire-Hearth and Stove of every Dwelling, and other House within England and Wales, (except such as pay not to Church and poor) shall be chargeable with Two shil∣lings per annum, parable at Michaelmas and Lady-day, to the King, His Heirs, &c. Which payment is vu••gar••y called Chimney-Money. See Smoak-Silver and Fuage.

Chirgemot, Circgemot, or Chirch ge∣mot. (Sax) Forum Ecclesiasticum.—Quos∣que Chirgemot Discordantes inveniet, vel amore congreget, vel sequestret judicio. LL. Hen. 1. cap 8. and 4 Inst. fol. 321.

Chirographer of Fines, (Chirographus Fi∣nium & Concordarum, of the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. A writing of a Mans own hand, where∣by he acknowledges a debt to another) Sig∣nifies that Officer in the Common-Pleas, who ingrosseth Fines in that Court acknowledged into a Perpetual Record, (after they are exa∣mined, and fully passed by other Officers) and that writes and delivers the Indentures of them to the Party. Anno 2 Hen. 3. cap. 8.—2 Hen. 4. 8. and Fitz. Nat. Br. fol. 147. A. This Officer makes two Indentures, one for the Buyer, another for the Seller, and makes one other indented piece, containing also the effect of the Fine, which he delivers to the Custos Brevium, which is called the Foot of the Fine. The Chirographer also, or his Deputy, proclaims all the Fines in the Court every Term, accord∣ing to the Statute, and endorseth the Procla∣mations, upon the backside of the Foot there∣of; and always keeps the Writ of Covenant, and the Note of the Fine. See Tabling of Fines, Anno 23 Eliz. cap. 3. and 2 Part. Inst. fol. 468.

Chivage. See Chevage.

Chivalry (Servitium Militare) Comes from the Fr. Chivalier, i. eques; and signifies a Tenure of Land by Knights-service, whereby the Tenant was bound to perform a Service in War unto the King or the Mesn Lord, of whom he held by that Tenure: The further explica∣tion of which Tenure, and the several Branches of it may be omitted, since by Stat. 12 Car. 2. cap. 24. All Tenures by Knights-service of the King, or of any other person, Knight-service in Capite, or Soccage in Ca∣pite of the King, and the Fruits and con∣sequences thereof, hapned, or which shall or may happen, or arise thereupon, or thereby, are taken away and discharged: And all Tenures of Houses, Mannors, Lands, &c. shall be construed and adjudged for ever, to be turned into Frée and Com∣mon Soccage, &c.

Choral (Choralis) may relate to any per∣son, that by vertue of any of the Orders of the Clergy, was in ancient time admitted to sit and serve God in the Quire, in Latin (Cho∣rus.) Accordingly Mr. Dugdale (in his History of S. Pauls Church, pag. 172.) says, There were anciently Six Vicars Choral belonging to that Church.

Chose (Fr.) Thing: It is used with divers Epithetes; as Chose Local, is such a thing as is annexed to a place: For example, a Mill is Chose Local. Chose Transitory seems to be that thing, which is moveable, and may be taken away or carried from place to place. Kitchin, fol. 18: Chose in Actin, is a thing incorpo∣real, and onely a right, as an Annuity, Obli∣gation for Debt, a Covenant, Voucher by Warranty, and generally all Causes of Suit, for any Debt or Duty, Trespass or Wrong, are to be accounted Choses in Action. And it seems Chose in Action may be also called Chose in Suspence; because it hath no real existence, or being, nor can properly be said to be in our possession. Broke, tit. Chose in Action.

Chop-chirch (Ecclesiarum permutatio) Is a word used 9 Hen. 6. 65. a. By the sence of which Book, it was in those days a kinde of Trade; For the Judges say, It was a lawful Occupation, and a good Addition; yet Brook in his A∣bridgment calls it not an Occupation, but a thing permissible by Law. It was (without doubt) a nick-name given to those that used to change Benefices: For to chop and change, is an usual expression to this day. I have also read Church-Chopper, for him that used to make such changes.—Alii vero quorundam satorum zizaniae, sub∣versorum Justiciae, & inauditae abusionis inven∣torum, ut illis verbis utamur Choppe-Churches, communiter appellati, mediatione dolosa interve∣niente, execrabili ardore avaritiae, quandoque in subdolis permutationibus, hos nimia inaequalitate Beneficiorum, ac illos quandoque optentis beneficiis, fucatis coloribus totaliter destituunt & defraudant; in tantum quod ex inde de opulentibus effecti miseri, & fodere non valentes, aliquando inordi∣natâ concepta doloris anxietate deperiunt, & saepius in Cleri & Ecclesiae scandalum nimid egesta∣tis penuriâ, mendicare miserabiliter compellun∣tur. Litera missa omnibus Episcopis suffra∣gancis Domini contra Choppe-Churches. An. 1391. Spelm. de Conc. vol. 2. fol. 642.

Church-Reve. A Church-Warden. Praepo∣situs Ecclesiae or Gardianus Ecclesiae; of whom, thus Chaucer, speaking of the Jurisdiction of Archdeacons.

Of Church-Reves, and of Testaments, Of Contracts, and lack of Sacraments, &c.

Church-Wardens (Ecclesiae Gardiani) Are Officers yearly chosen, by consent of the Mini∣ster and Parishioners, according to the custom of every place, to look to the Church, Church∣yard, and such things as belong to both, and

to observe the behavior of their Parishioners, for such faults as appertain to the Jurisdiction or Censure of the Court-Ecclesiastick. These are a kinde of Corporation, enabled by Law to sue, and be sued for any thing belonging to the Church, or Poor of their Parish. Anno 12 H. 7. cap. ult. See Lambert in his duty of Church-Wardens.

Churchesset, Ciricsceat, Chirset, or Curcscet (Sax.) Census vel tributum Ecclesiae Chirchescot. Certam mensuram bladi tritici significat, quam quilibet olim Sanctae Ecclesiae die Sancti Martini, tempore tam Britonum quam Anglorum contribuerunt. Plures tamen Mag∣nates, post Romanorum adventum, illam contri∣butionem secundum veterem legem Moysi nomine primitiarum dabant: Prout in brevi Regis Knuti, ad summum Pontificem transmisso, continetur, in quo illam contributionem Churchset appellant, quasi, semen Ecclesiae. See Ciricsceat. Seldens Hist. of Tithes, pag. 216.—Et de essarto & de prato & de Chirset ejusdem villae, &c. Cart. de Anno 1 Edw. 3. num. 3. And in Pat. 13 Edw. 4. par. 2. m. 17. it is written Cherchez; but the true Saxon is Cyricsceat.

Cinque Ports (Quinque Portus) Are those special Havens that lie towards France, and therefore have been thought by our Kings, to be such as ought most vigilantly to be pre∣served against Invasion. In which respect, they have an especial Governor or Keeper, called, by his Office, Lord Warden of the Cinque Ports, and divers priviledges granted them, as a pe∣culiar Jurisdiction, their Warden having the authority of an Admiral among them, and sending out Writs in his own name. Crompton in his Jurisd. fol. 28. names the Cinque Ports, Dover, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe; whereof two must either be added to the first institution, by some later Grant, or be accounted as Appendants to some of the rest. See Gardein of the Cinque Ports, and the Stat. 32 Hen. 8. cap. 48. See Quinque Portus. and 4 Inst. fol. 222.

Cippus, A Pair of Stocks to put offenders in.—Habeant, nec non Cippos & conclusoria in singulis villis, ad correctionem delinquentium. Mon. Angl. 2 par. fol. 349. a.

Circuit of Action (Circuitus Actionis) Is a longer course of proceeding to recover the thing sued for, then is needful. As, if a Man Grant a Rent-charge of x l. out of his Mannor of Dale, and after the Grantee Disseiseth the Grantor of the same Mannor, who brings an Assise, and recovers the Land, and xx l. damages; which being paid, the Grantee brings his Action for x l. of his Rent due, during the time of the Disseisin, which he must have had, if no Disseisin had been. This is called Circuit of Action, because; whereas the Grantor was to receive xx l. damages, and pay x l. rent, he might have received but x l. onely for damages, and the Grantee might have kept the other x l. in his hands, by way of Deteiner for his Rent, and so have saved his Action. Terms Ley.

Circumspecte Agatis, Is the Title of a Statute made in the Thirteenth of Edward the First. Anno Domini 1285. prescribing certain Cases to the Judges, wherein the Kings Pro∣hibition lies not. Coke, lib. 7. fol. 44. Lib. 5. fol. 67. And 2 Part. Inst. fol. 487.

Circumstantibus (i. By-standers) Signifies the supply or making up the number of Jurors (if any impaneld, appear not, or appearing be challenged by either party) by adding to them so many of those that are present or standing by, as will serve the turn. 35 H. 8. c. 6. and 5 Eliz. cap. 25.

Ciric seat (Sax. Cyric-sceat, Vectigal Ec∣clesiasticum, frumenti tributum.) Church-scot, a certain Tribute or Payment made to the Church, commonly of Corn. Fleta calls it Circsed, quasi, Semen Ecclesiae debitum. Joh. Southam ad Festum S. Martini in Yeme debet 1 Gallinam (de red∣ditu) & 5 Gallinas de Chirseat. Custumar. Mo∣nast. de Bello. fol. 87. a. This Tribute was an∣ciently payable at the Feast of S. Martin, and sometimes at Christmas, as appears by Domes∣day, and called by Sir Edw. Coke, Church-seed, on Littl. fol. 88. b. See Churchesset.

City (Civitas) Signifies with us, as it doth in other Regions, such a Town Corporate, as hath a Bishop and a Cathedral Church Yet Crompton in his Jurisdictions, in reckoning our Cities, leaves out Ely, though it have a Bishop and a Cathedral Church. Anno 35 Eliz. cap. 6. Westminster is called a City, and it appears by the Statute 35 Hon. 8. cap. 10. that then there was a Bishop of Westminster: But by Letters Patent dated 21 May, 2 Eliz. (pursuant to an Act of Parliament of 1 Eliz. not Printed) the Revenues of that late Monastery were vested in the Dean and Chapter of the Collegiate Church of Westminster, which hath caused Error in the Pleadings of some Cases, by styling it the Cathedral, for Collegiate, Church of Westminster. Cassanaeus de Consuetud. Burgun. pag. 15. saith, That France hath within its Territories 104 Cities, and gives his reason, Because there are so many Seats of Archbishops and Bishops. Yet Sir Edward Coke: notes Cambridge to be a City by ancient Record (viz. Mich. 7 Rich. 1. Rot. 1.) Though I finde no mention of its ever having been an Episcopal See. On Littl. fol. 109. b. And in the Stat. 11 Hen. 7. cap. 4. it is called the Town of Cambridge.

Clack; As to clack, force, and bard alias beard good Wooll, Anno 8 Hen. 6. cap. 22. whereof the first, viz. to clack Wooll, is to cut off the Sheeps mark, which makes it weigh less, and so yield the less custom to the King. To force Wooll is, to clip off the upper and more hairy part of it; to bard or beard it, is to cut the head and the neck from the rest of the Fleece.

Claim (Clameum) Is a Challenge of In∣terest in any thing that is in the possession of another, or, at the least, out of his own; as Claim by Charter, Claim by Descent, &c. Old Nat. Br. fol. 11. Si Dominus infra annum cla∣meum qualitercunque apposuerit. Bracton, lib. 1.

cap. 10. See the definition and divers sorts of Claim, in Plowden, Casu Stowel, fol. 359. a.

Clamea Aomittenda in itinere per At∣turnatum, Is a Writ whereby the King com∣mands the Justices in Eyre, to admit of ones Claim by Atturney, who is employed in the Kings-service, and cannot come in his own per∣son. Reg. of Writs, fol. 19. b.

Clap-bord (Anno 35 Eliz. cap. 11.) Is Board cut in order to make Cask or Vessels.

Clarentius. See Herald.

Claves Insulae, i. The Keys of the Island. In the Isle of Man all ambiguous and weighty Cases, are referred to Twelve, whom they call Claves Insulae.

Clausum Fregit. Mr. Somner, in his Saxon Dictionary, conceives the original of those much used words in our Law-Pleadings, might come from the Saxon Eder-bryce, which signifies Hedge-breaking (the Boughs, which close the top of the Hedge, being usually called Ethe∣rings.)

Clausum Paschae. Stat. of Westm. 1. Len∣demaine de la Cluse de Pasche, that is, In Crastino clausi Paschae, or, in Crastino Octabis Paschae, which is all one; viz. The morrow of the Utas of Easter. 2 Part. Inst. fol. 157.—Ad Curiam cum visu Franc. Pleg. tent. apud Maur∣din die Jovis prox. post Festum Clausi Paschae, Anno 17 Edw. 4. Testatum fuit quod, &c. Clausum Paschae, i. Dominica in Albis; sic dictum, quòd Pascha Claudat.

Clausura Heye—Johannes Stanley Ar. clamat quod ipse & haeredes sui sunt quieti de Clausura Heye de Macclesfield, scil. Clausura unius Rodae terrae circitèr hayam praedict. Rot. Plac. in Itinere apud Cestriam; Anno 14 Hen. 7.

Clergy (Clerus) Is diversly taken, some∣time for the whole number of those, who are De Clero Domini, of our Lords lot or share, as the Tribe of Levi was in Judaea; sometimes for a Plea to an Indictment, or an Appeal, and is by Stamf. (Pl. Cor. lib. 2. cap. 41.) thus de∣fined.—Clergy is an ancient liberty of the Church, which hath been confirmed by divers Parliaments, and is, When a Priest, or one in Orders, is arraigned of Felony before a Secu∣lar Judge, he may pray his Clergy, which is as much, as if he prayed to be delivered to his Ordinary, to purge himself of the offence ob∣jected. And this might be done in case of Murder. Coke, lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri. Anno 9 Edw. 2. c. 26. and what persons might have their Clergy, and what not, see Stamf. Pl. Cor. lib. 2. cap. 42, & 43. Yet there are many Statutes made since he wrote that Book, whereby the benefit of Clergy is abrigded; As Anno 8 Eliz. cap. 4.—14 Ejusdem, cap. 5.—18 Ejusdem, cap. 4, 6, 7.—Anno 23 Ejusdem, cap. 2.—29 Ejusdem, cap. 2. 31 Ejusdem, cap 12. and 39 Ejus∣dem, cap. 9. & 15. Of this see Cromptons Justice of Peace, fol. 102—105. And Lam∣bert Eiren. lib. 4. cap. 14. And note, that the ancient course of Law in this point, is much altered; for by the Statute of 18 Eliz: cap. 7. Clerks are no more delivered to their Ordinaries to be purged, but now every Man, to whom this benefit is granted, though not in Orders, is put to read at the Bar, after he is found guilty, and convicted of such Felony; and so burnt in the hand, and set free for the first time, if the Ordinaries Commissioner or Deputy standing by do say—Legit ut Clericus; or otherwise he suffers death for his transgressi∣on. Cowel.

Clerico Admittendo, Is a Writ directed to the Bishop, for the admitting a Clerk to a Benefice, upon a Ne Admittas tryed and found for the party that procures the Writ. Reg. of Writs, fol. 31.

Clerico capto per Statutum Mercato∣rum, &c. Is a Writ for the delivery of a Clerk out of prison, who is imprisoned upon the Breach of a Statute Merchant. Reg. of Writs, fol. 147.

Clerico convicto commisso Goalae in de∣fectu Ordinarii deliberando, Is a Writ for the delivery of a Clerk to his Ordinary, that was formerly convict of Felony, by reason his Ordinary did not challenge him according to the priviledges of Clerks. Reg. of Writs, fol. 69. a.

Clerico infra sacros ordines constituto, non eligendo in Officium, Is a Writ direct∣ed to the Bailiffs, &c. that have thrust a Baili∣wick or Beadleship upon one in holy Orders, charging them to release him. Reg. of Writs, fol. 143. a.

Clerk (Clericus) Hath two significations; one, as it is the title of him that belongs to the holy Ministery of the Church; under which, where the Canon Law hath full power, are, not onely comprehended Sacerdotes & Diaconi, but also Subdiaconi, Cantores, Acolyti, Exorcistae, & Ostiarii. And in this signification, a Clerk is either Religious (otherwise called Re∣gular) or Secular. Anno 4 Hen. 4. cap. 12. The other denotes those, who by their functi∣on or course of life, practise their Pen in any Court, or otherwise; as, the Clerk of the Rolls of Parliament, Clerks of the Chancery, &c. whose peculiar Offices shall be set down in order.

Clerk of the Ax (Clericus Securis) Is an Officer in the Navy, whose function is to carry a Silver Ax, wherewith to mark and seise Timber for the Kings use in His Navy, or otherwise, and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts, I suppose by mistake.

Clerk of the Parliament Rolls (Cleri∣cus Rotulorum Parliamenti) Is he that Records all things done in the High Court of Parlia∣ment, and engrosseth them fairly in Parch∣ment Rolls, for their better preservation to posterity. Of these there are two, One of the Lords House, another of the House of Commons, Cromp. Jurisd. fol. 4. & 8. Smith de Repl. Angl. pag. 38. See also Vowels Book; touching the Order of the Parliament.

Clerk of the Crown in Chancery (Cleri∣cus Coronae in Cancellaria) Is an Officer there, who, by himself or Deputy, is continually to attend the Lord Chancellor, or Lord Keeper; writes and prepares, for the Great Seal of Eng∣land, special Matters of State by Commission, or the like, either immediately from His Ma∣jesty, or by Order of His Council, as well or∣dinary as extraordinary, viz. Commissions of Lieutenancy, of Justices Itinerant, and of As∣sises, of Oyer and Terminer, of Goal Delivery, and of the Peace, with their Writs of Associa∣tion, and the like. Also, all General Pardons upon Grants of them, at the Kings Coronation, or at a Parliament, where he sits in the Lords House in Parliament time; info whose Office the Writs of Parliament, made by the Clerks of the Pettibag, with the names of Knights and Burgesses, elected thereupon, are to be returned and filed. He hath also the making of all special Pardons, and Writs of Execu∣tion upon Bonds of Statute Staple forfeited, which was annexed to his Office in the Reign of Queen Mary, in consideration of his continual and chargeable attendance: Both these before being common for every Cursitor and Clerk of the Court of Chancery to make.

Clerk of the Crown (Clericus Coronae) Is a Clerk or Officer in the Kings Bench, whose function is to frame, read, and record all In∣dictments against Traitors, Felons, and other Offendors, there arraigned or indicted upon any publick crime. He is otherwise termed Clerk of the Crown Office. And Anno 2 Hen. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench.

Clerk of Assise (Clericus Assisorum) Is he that writes all things judicially done by the Justices of Assise in their Circuits. Cromp. Ju∣risd. fol. 227.

Clerk of the Chest (Anno 16 Car. 2. c. 5.) Keeps an accompt of the Moneys collected, and kept in a Chest, for the use of sick and maimed Seamen and Mariners.

Clerk of the Estreats (Clericus Extracto∣rum) Is a Clerk belonging to the Exchequer, who Termly receives the Estreats out of the Lord Treasurers Remembrancers Office, and writes them out to be levied for the King. He also makes Schedules of such sums estreated, as are to be discharged. See the Practice of the Exchequer, pag. 82.

Clerk of the Pell (Clericus Pellis) Is a Clerk belonging to the Exchequer, whose Office is to enter every Tellers Bill into a Parchment Roll, called (Pellis. Receptorum,) and also to make another Roll of Payments, which is called Pellis Exituum, wherein he sets down by what Warrant the Money was paid. This Officer is called in ancient Records Clericus Domini Thesauri.

Clerk of the Warrants (Clericus Warran∣torum) Is an Officer belonging to the Court of Common Pleas, who entreth all Warrants of Atturney for Plaintiff and Defendant, and inrols all Deeds of Indentures of Bargain and Sale, which are acknowledged in the Court, or before any Judges out of the Court. And he Estreats into the Exchequer all Issues, Fines, and Amerciaments, which any way grow due to the King in that Court, and hath a standing Fee of Ten pounds of the King, for making the same Extreats. See Fitzh. Nat. Br. fol. 76.

Clerk of the Pettibag (Clericus Parvae bagae) Is an Officer of the Chancery, of which sort there are three, and the Master of the Rolls their cheif. Their Office is to record the Re∣turn of all Inquisitions out of every Shire; to make all Patents of Customers, Gangers, Comptrollers, and Aulnegers; all Conge de Eslires for Bishops; all Liberates upon Extents of Statute Staples; the recovery of Recog∣nisances forfeited; and all Elegits upon them; the Summons of the Nobility, Clergy, and Burgesses to the Parliament; Commissions di∣rected to Knights, and others of every Shire, for Assessing Subsidies; Writs for the nomina∣tions of Collectors for Fifteenths; and all Traverses upon any Office, Bill, or otherwise; to receive the Fees for Homages due to the Lord Great Chamberlain; of the Nobility, Bishops, &c. This Officer is mentioned, 33 Hen. 8. cap. 22.

Clerk of the Kings Great Wardrobe (Clericus Magnae Garderobae Regis) Is an Officer of the Kings House, that keeps an Accompt or Inventary in Writing, of all things belonging to the Kings Wardrobe. Mentioned Anno 1 Edw. 4. cap. 1.

Clerk of the Market (Clericus Mercati Hospitii Regis) Is an Officer of the Kings House (Anno 1 Edw. 4. cap. 1. and Anno 13 Rich. 2. cap. 4.) whose duty is to take charge of the Kings Measures, and to keep the Standards of them, that is, The examples of all the Mea∣sures that ought to be through the Land: As of Elns, Yards, Lagens, Quarts, Pottles, Gallons, &c. Of Weights, Bushels, and such like; and to see that all Measures in every place be an∣swerable to the said Standard. Fleta, lib. 2. cap. 8, 9, 10, 11, 12. Of which Office, as also of our diversity of Weights and Measures, you may there finde a Treatise worth the read∣ing. Britton also, in his 30 Chap. saith in the Kings Person, to this effect: We will that none have Measures in the Realm, but we our selves; but that every Man take his Measures and Weights from our Standards. And so goes on with a Tractat of this matter, that well shews the an∣cient Law and Practice in this point. Touching this Officers duty, you have also good Statutes. Anno 13 Rich. 2. cap. 4. and Anno 17 Car. 1. cap. 19. See 4 Inst. fol. 273.

Clerk of the Kings Silver (Clericus Argenti Regis) Is an Officer belonging to the Court of Common Pleas, to whom every Fine is brought, after it hath been with the Custos Brevium, and by whom the effect of the Writ of Covenant, is entred into a Paper-Book; and, according to that Note, all the Fines of that Term are also recorded in the Rolls of

the Court. And his Entry is in this form: He puts the Shire in the Margin, and then saith, A. B. dat Domino Regi dimidium marcam (or more according to the value) pro licentia concordandi cum C. D. pro talibus terris, in tali villa, & habet chirographum per pacem admis∣sum, &c.

Clerk of the Peace (Clericus Pacis) Is an Officer belonging to the Sessions of the Peace. His duty is, in the Sessions to read the Endict∣ments, to enrol the Acts, and draw the Pro∣cess: To record the Proclamations of Rates for Servants Wages, to enrol the discharge of Apprentices, to keep the Counterpart of the Indenture of Armor, to keep the Register Book of Licenses, given to Badgers and Laders of Corn, and of those that are Licensed to shoot in Guns, and to certifie into the Kings Bench Transcripts of Indictments, Outlaries, Attainders, and Convictions had before the Justices of the Peace, within the time limitted by Statute. Lamberts Eiren. lib. 4. cap. 3. fol. 379.

Clerk of the Signet (Clericus Signeti) Is an Officer attendant continually on His Ma∣jesties Principal Secretary, who always hath the custody of the Privy Signet, as well for sealing His Majesties private Letters; as also such Grants as pass His Majesties Hand by Bill signed. Of these there are four that attend in their course, and have their diet at the Secre∣taries Table. More largely you may read of their Office in the Statute made Anno 27 H. 8. cap. 11.

Clerk of the Privy Seal (Clericus Privati Sigilli) There are four of these Officers that attend the Lord Privy Seal, or (if none such) the Principal Secretary, writing and making out all things that are sent by Warrant from the Signet to the Privy Seal, and are to be passed to the Great Seal; as also to make out (as they are termed) Privy Seals upon any special oc∣casion of His Majesties affairs; as for Loan of Money, and such like. Of this Officer and his Function, you may read the Statute 27 H. 8. cap. 11. He that is now called the Lord Privy Seal, seems in ancient time to have been called Clerk of the Privy Seal, and to have been reckoned, notwithstanding, in the number of the great Officers of the Realm. Read the Sta∣tute 12 Rich. 2. cap. 11.

Clerk of the Juries or Jurata Writs (Clericus Juratorum) Is an Officer belonging to the Court of Common Pleas, who makes out the Writs called (Habeas Corpora) and (Di∣stringas) for appearance of Juries, either in Court, or at the Assises, after the Jury or Pa∣nel is returned upon the (Venire facias.) He enters also into the Rolls the Awarding of these Writs, and makes all the continuance from the going out of the (Habeas Corpora) until the verdict be given.

Clerk of the Pipe (Clericus Pipae) Is an Officer in the Exchequer, who, having all Ac∣compts and Debts due to the King, delivered and drawn out of the Remembrancers Offices, charges them down into the great Roll; who also writes Summons to the Sheriff, to levy the said Debts upon the Goods and Cattels of the Debtors; and if they have no Goods, then he draws them down to the Lord Treasurers Remembrancer, to write Estreats against their Lands. The ancient Revenue of the Crown re∣mains in charge before him, and he sees the same answered by the Farmers and Sheriffs. He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax, and sees it an∣swered upon their Accompts. He hath the drawing and ingrossing all Leases of the Kings Land. In Henry the Sixths time, he was called Ingrossator Magni Rotuli.

Clerk of the Hamper or Hanaper (Cle∣ricus Hanaperii) Is an Officer in Chancery, (Anno 2 Edw. 4. cap. 1.) otherwise called Warden of the Hamper, in the same Statute, whose Function is to receive all the Money due to the King for the Seals of Charters, Patents, Commissions, and Writs; as also Fees due to the Officers for enrolling and examining the same, with such like. He is tied to attendance on the Lord Chancellor, or Lord Keeper daily in the Term time, and at all times of sealing, having with him Leather Bags, wherein are put all Charters, &c. After they are sealed, those Bags, being sealed up with the Lord Chancel∣lors Private Seal, are delivered to the Comp∣troller of the Hamper, who upon receipt of them, doth, as you shall read in his Office. This Hanaper represents a shadow of that which the Romans termed (Fiscum) which contained the Emperors treasure.

Clerk of the Pleas (Clericus Placitorum) Is an Officer in the Exchequer, in whose Office all the Officers of the Court (upon especial Priviledge belonging unto them) ought to sue, or to be sued upon any Action, &c. See the Practice of the Exchequer, pag. 86. and 4 Inst. fol. 107.

Clerk of the Treasury (Clericus Thesau∣rariae) Is an Officer belonging to the Common Pleas, who hath the charge of keeping the Re∣cords of the Court, and makes out all the Re∣cords of Nisi Prius, hath the Fees due for all searches, and hath the certifying all Records into the Kings Bench, when a Writ of Error is brought: Also he makes all Exemplications of Records being in the Treasury. He is taken to be the servant of the Cheif Justice, and re∣moveable at his pleasure, whereas all other Officers are for term of life. There is also a Secundary, or Under-Clerk of the Treasury for Assistance, who hath some allowances. And likewise an Under-Keeper, who always keeps one Key of the Treasury door, and the cheif Clerk of the Secondary an other; so as the one cannot come in, without the other.

Clerk of Essoyns (Clericus Essoniorum) Is an Officer belonging to the Court of Common Pleas, who keeps the Essoyn-Rolls, and hath for entring every Essoyn six pence, and for every Exception to Bar the Essoyn, in case where the party hath omitted his time, six

pence. He hath also the providing of Parch∣ment, and cutting it out into Rolls, and mark∣ing the numbers upon them, and the delivery out of all the Rolls to every Officer, and the receiving them again when they are written, and the binding and making up the whole Bundles of every Term; and this he doth as Servant to the chief Justice. For the chief Justice is at charge for the Parchment of all the Rolls; for which he is allowed, as the chief Justice of the Kings Bench, besides the penny for the Seal of every Writ of Priviledge and Utlary, the seventh penny taken for the Seal of every Writ under the Green Wax, or Petit Seal in the Court of Kings Bench and Common Pleas respectively, the said Lord Chief Justices having annexed to their several Offices or pla∣ces, the custody of the said Seals belonging to each Court.

Clerk of the Outlaries (Clericus Utlaga∣riarum) Is an Officer belonging to the Court of Common Pleas, being onely the Servant or De∣puty to the Kings Atturney General, for making out Writs of (Capias Utlagatum) after Outlary; the Kings Atturnies name being to every one of those Writs. And whereas seven pence is paid for the Seal of every other Writ, betwixt party and party, there is but a penny paid for the Seal of this Writ, because it goes out at the Kings Suit.

Clerk of the Errors (Clericus Errorum) In the Court of Common Pleas does transcribe and certifie into the Kings Bench, the Tenor of the Records of the Cause or Action; upon which, the Writ of Error (made by the Cursitor) is brought, there to be adjudged and deter∣mined: The Clerk of the Errors in the Kings Bench, does likewise transcribe and certifie the Records of such Causes in that Court, in∣to the Exchequer, if the Cause or Action were by Bill: If by Original, the Lord Chief Justice certifies the Record into the House of Peers in Parliament, by taking the Transcript from the Clerk of the Errors, and delivering it to the Lord Keeper, there to be determined, accord∣ing to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records, certified thither out of the Kings Bench, and prepares them for Judgment in the Court of Exchequer, to be given by the Justices of the Common Pleas, and Barons there. See 16 Car. 2. cap. 2. and 20 Eiusdem, cap. 4.

Clerk of the Sewers (Clericus Suerarum) Is an Officer appertaining to the Commissioners of Sewers, writing all things that they do by vertue of their Commission, for which see Sewers: And see the Statute of 13 Eliz. cap. 9.

Clerk Comptroller of the Kings House (whereof there are two) Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants, Mes∣sengers of the Green-cloth, or other like. He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers, and to sit in the Counting-house with the Superior Officers (viz.) The Lord Steward, Mr. Treasurer, Comptroller, and Cosserer, either for correcting, or bettering things out of Order. This Officer is mentioned Anno 33 Hen. 8. cap. 12.

Clerk of the Nichils or Nihils (Clericus Nihilorum) Is an Officer in the Exchequer, who makes a Roll of all such sums, as are nihiled by the Sheriffs upon their Estreats of Green∣wax, and delivers the same into the Lord Treasurers Remembrancers Office, to have ex∣ecution done upon it for the King. See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer, pag. 101. See Nihil.

Clerk of the Check, Is an Officer in the Court, so called because he hath the Check and Controlment of the Yeomen of the Guard, and all other ordinary Yeomen and Huissiers belonging either to His Majesty, the Queen, or Prince; either giving leave or allowing their Absences or Defects in attendance, or dimi∣nishing their Wages for the same. He also nigntly by himself, or Deputy, takes the view of those that are to watch in the Court, and hath the setting of the Watch. This Officer is mentioned Anno 33 Hen. 8. cap. 12. Also there is an Officer of the same name in the Kings Navy, and mentioned Anno 19 Car. 2. cap. 1.

Clerk Marshal of the Kings House, Seems to be an Officer that attends the Marshal in His Court, and Records all His proceedings. Anno 33 Hen. 8. cap. 12.

Closh, Was an unlawful Game, forbidden by the Statute of 17 Edw. 4. cap. 3. and seems to have been the same with our Nine Pins; els∣where called Closh-cayls. Anno 33 Hen. 8. cap. 9. Though some think it might be the same Game, which is still used by idle persons in Lincolns-Inn Fields, and now called The Wheel of Fortune, wherein they turn about a thing like the Hand of a Clock, in Fr. Cloche.

Clove, Is the Two and thirtieth part of a Weigh of Cheese, i. Eight pound. An. 9 Hen. 6. cap. 8. See Waga.

Cocherings, An Exaction or Tribute in Ireland. See Bonaght.

Cocket or Coket (Cokettum) Is a Seal belonging to the Kings Custom-house. Reg. of Writs, fol. 192. a. Also a Scrol of Parchment sealed and delivered by the Officers of the Custom-house to Merchants, as a Warrant, that their Merchandises are customed. Anno 11 Hen. 6. cap 16. Which Parchment is other∣wise called Literae de Coketto, or Literae testi∣moniales de Coketto. Reg. fol. 179. a. So is the word used, Anno 5 & 6 Edw. 6. cap. 14. And 14 Edw. 3. Stat. 1. cap. 21. None shall make Wools to be Cocketted, but in the name of him to whom the Wools be. Anno 13 Rich. 2. cap. 9.

Coket, Is also used for a distinction of Bread in the Statute of Bread and Ale, made 51 Hen. 3. The words are, When a quarter of Wheat is sold for xii d, then Wastel-Bread of a

Farthing shall weigh vi 1. and xvi s; but Bread-Cocket of a Farthing, of the same Corn and Bultel, shall weigh more then Wastel by ii s. And Cocket-Bread made of Corn of lower price, shall weigh more then Wastel by v s. Bread made into a Simnel, shall weigh ii s. less then Wastel: Bread made of the whole Wheat, shall weigh a Cocket and a half; so that a Cocket shall weigh more then a Wastel by v s. Bread of Treet shall weigh two Wastels; and Bread of Common Wheat shall weigh two great Cockets. When a Quarter of Wheat is sold for xviii d. then Wastel-Bread of a Farthing, White and well-baked, shall weigh iv l, x s. when for ii s, iii l. viii s. &c. By which, we may perceive, that Wastel-Bread was the finest, Cocket-Bread next, then Bread of Treet, and lastly, Bread of Common Wheat; as we now call the finest Bread, Wheaten, or French Bread, the second sort White Bread, the third Brown, or Houshold Bread, &c.

Codicil (Codicillus) A Schedule or Supple∣ment to a Will, or some other Writing; some Writers, conferring a Testament, and a Codicil together, call a Testament a great Will, and a Codicil a little one; and compare a Testament to a Ship, and the Codicil to the Boat tied to the Ship.

Codicil is used as an addition annexed to a Testament, when any thing is omitted, which the Testator would add, explain, alter, or re∣tract; and is the same with a Testament, but that it is without an Executor. Sec Swinb. pag. 1. sect. 5. and Touchstone of Wills, pag. 21, 22.

Coffée (Anno 15 Car. 2 cap. 11) A kinde of drink brought hither from the Turks and Persians, black, thick, and bitter, distrained from Berries of that nature and name, yet thought to be good and wholesome.

Cofferer of the Kings Houshold, Is a Principal Officer of the Court, next under the Comptroller, who in the Counting-House, and elswhere, hath a special charge and over-sight of other Officers of the Houshold, for their good demeanor and carriage in their Offices, and pays their wages. This Officer is mention∣ed. Anno 39 Eliz. cap. 7.

Cogs (Cogones) Seems to be a kinde of Vessel or Boat, upon the River of Ouse, and Water of Humber, mentioned in the Statute of 23 Hen. 8. cap. 18. Also a kinde of Ship; For I finde in Matth. Westm. Anno Dom. 1066.—Venit ad hoc in Angliam (Rex Noricorum) trecentis Coggonibus advectus.

Cognatione. See Cosenage.

Cognisor. See Conisor

Cognitionibus Mittendis, Is a Writ to a Justice, or other that hath power to take a Fine (who having taken it, defers to certifie it into the Court of Common Pleas) commanding him to certifie it. Reg. of Writs, fol. 68. b.

Cognizance (Fr. Cognisance, i. cognitio) Is used diversly; sometimes signifying the Badge of a Waterman, or Serving-Mans Sleeve, which is commonly the givers Crest, whereby he is discerned to belong to this, or that No∣ble or Gentleman: Sometimes an acknowledg∣ment of a Fine, or Confession of a thing done; as Cognoscens latro. Bract. lib. 3. tract. 2. cap. 3. 20, 32. And to make Cognizance of taking a Distress. Sometimes, as an audience or hearing a matter judicially, as to take Cognizance. Sometimes a Power or Jurisdiction, as Cogni∣zance of Plea, is an ability to call a Cause or Plea out of another Court, which no Man can do but the King, except he can shew Charters for it. Manw. par. 1. pag. 68. For such Cogni∣zance lies not in Prescription.

Cogware, Seems to be a sort of Course Cloaths, made in the North of England, men∣tioned in the Stat. 13 Rich. 2. cap. 10. Where there is mention also of Cogmen, that is, Buy∣yers of, Makers or Dealers in, such Cogware.

Coif (Coifa, Fr. Coiffe) Our Serjeants at Law, are otherwise called Serjeants of the Coif; from the Lawn Coif they wear on their Heads, under their Cap, when they are created, and always after. See Serjeant.

Coin (Fr. Coign, i. Angulus, which pro∣bably verisies the opinion of such as hold the ancientest sort of Coyn to be cornered, and not round) any sort of Money coyned. Cromp. Just. of P. fol. 220.

Coinage, Besides the general signification, relating to Money: It is (says Camden) by a Law provided, That all the Tin in Cornwal, after it is cast and wrought, shall be weighed and signed with a stamp, which is called Coyn∣age. Britan. fol. 186. and Anno 11 Hen. 7. cap. 4. Some Authors write it Cunage.

Coket. See Cocket.

Coliberts (Colliberti) Sunt tenentes in libero Soccagio. M. S. Or such as of Villains were made Freemen.

Collateral (Collateralis) Side-wise, or which hangs by the side, or comes in side-wards, not direct: As Collateral Assurance, is that which is made over and beside the Deed it self; as, If a Man covenant with another, and enter Bond for performance of his Covenant, the Bond is termed Collateral Assurance; because it is external, and without the nature and es∣sence of the Covenant. And Crompton (Juris. fol. 185.) saith, That, to be subject to the feeding of the Kings Deer, is Collateral to the Soil with∣in the Forest. So we may say, That Liberties to pitch Booths, or Standings for a Fair in another Mans Ground, is Collateral to the Ground. The Private Woods of a common person, with∣in a Forest, may not be cut without the Kings Licence; for it is a Prerogative Collateral to the Soil. Manwood, par. 1. pag. 66.

Collateral Warranty. See Warranty.

Collation of Benefice (Collatio Beneficii) Signifies properly the bestowing a Benefice by the Bishop, who hath it in his own gift or pa∣tronage, and differs from Institution in this, That Institution into a Benefice, is performed by the Bishop, at the motion or presentation of an∣other, who is Patron of it, or hath the Patrons

right for the time. Yet Collation is used for pre∣sentation, Anno 25 Edw. 3. Stat. 6.

Collatione facta uni post mortem alteri∣us, &c. Is a Writ directed to the Justices of the Common Pleas, commanding them to direct their Writ to a Bishop, for the admitting a Clerk in the place of another presented by the King, who, during the suit between the King and the Bishops Clerk, is departed this life: For, Judgment once passed for the Kings Clerk, and he dying before admittance, the King may bestow his presentation on another. Reg. of Writs, fol. 31. b.

Colour (color) Signifies a probable Plea, but in truth, false, and hath this end, to draw the tryal of the Cause from the Jury to the Judges. As, in an Action of Trespass for taking away the Plaintiffs Beasts, the Defendant saith, That before the Plaintiff had any thing in them, he himself was posseised of them, as of his proper Goods, and delivered them to A. B. to deliver them to him again, when, &c. And A. B. gave them to the Plaintiff, and the Plaintiff, supposing the property to be in A. B. at the time of the gift, took them, and the Defendant took them from the Plaintiff, where∣upon the Plaintiff brings his Action.—This is a good Color, and a good Plea. See Doctor and Student, lib. 2. cap. 13. And Broke, tit. Color in Assise, Trespass, &c. fol. 104.

Collusion (Collusio) Is a deceitful agree∣ment or compact between two or more, for the one party to bring an Action against the other to some evil purpose, as to defraud a third person of his right, &c. See the Statute of Westmin. 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale ju•• and enquiry in such Cases. See Broke, tit. Collusion, and Reg. of Writs, fol. 179. a. Gifts made by Collusion, see in 50 Edw. 3. cap. 6.

Combat (Fr.) Signifies as much as Certa∣men, pugna; But with us it is taken for a for∣mal tryal between two Champions, of a doubt∣ful cause or quarrel, by the Sword or Bastons; of which you may read at large in Glanvile, lib. 14. cap. 1. Bracton, lib. 3. tract. 2. cap. 21. Britton, cap. 22. Horns Mirror of Justices, lib. 3. cap. Des Exceptions in fine proxime & cap. Juramentum Duelli. Dyer, fol. 301. num. 41, 42: When Alan de la Zouch had judicially sued John Earl of Warren, who chose rather to try the title by the Sword Point, than by Point of Law, he was wounded by him even in Westminster-hall, in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy, Appel∣lant, and David Ramsey, Esquire, Defendant, Scotchmen, in the Painted Chamber at West∣minster, before Robert Earl of Lindsey, Lord High Constable, Thomas Earl of Arundel, Earl Marshal, with other Lords; where, after the Court had met several times, and Bill, An∣swer, and Replication put in by the Parties, and Council heard with other Formalities, it was at last determined, that the matter should be referred to the Kings will and pleasure, whose favor enclined to Ramsey. Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales, fol. 65. And Spelmans Gloss. at large, verbo, Campus.

Comitatu Commisso, Is a Writ or Com∣mission, whereby the Sheriff is authorised to take upon him the charge of the County. Reg. of Writs, fol. 295. Cokes Rep. lib. 3. fol. 72. a.

Comitatu & Castro Commisso, Is a Writ whereby the charge of a County, with the keep∣ing of a Castle is committed to the Sheriff. Reg. of Writs, fol. 295.

Comitatus.—Of dead Ferms and Debts desperate, whereof there is no hope, one Roll shall be made, and shall be entituled, Comitatus, and read every year upon the account of Sheriffs. 10 Edw. 1. cap. unico.

Commandry (Praeceptoria) Was a Mannor or cheif Messuage, with Lands and Tenements appertaining thereto, belonging to the Priory of St. Johns of Jerusalem in England; and he, who had the Goverment of any such Mannor or House, was called the Commander; who could not dispose of it, but to the use of the Priory, onely taking thence his own sustenance, accord∣ing to his degree, who was usually a Brother of the same Priory. New Eagle in the County of Lincoln, was, and still is called the Commandry of Eagle, and did anciently belong to the said Priory; so were Slebach in Pembrokeshire, and Shengay in Cambridgeshire Commandries, in time of the Knights-Templers, says Camd.—These, in many places of England, are termed Temples, as Temple Bruere in Lincoln∣shire, Temple Newsum in Yorkshire, &c. because they formerly belonged to the said Templers. Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem, cap. 24. See Preceptories.

Commandment (Praeceptum) Hath a di∣vers use; as the Commandment of the King, when, upon his meer motion and from his own mouth, he casts any Man into Prison. Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary. Absolute, as when, upon their own Authority in their Wis∣dom and Discretion, they commit a Man to prison for a punishment. Ordinary is, when they commit one rather for safe-custody, then punishment. A Man committed upon an Ordi∣nary Commandment is replevisable. Pl. Cor. fol. 73. Commandment is again used for the offence of him, that willeth another Man to transgress the Law, or to do any thing contrary to the Law; as Murther, Theft, or such like. Bracton, lib. 3. tract. 2. cap. 19. which the Civilians call Mandatum.

Commendam (Ecclesia Commendata) Is a Benefice or Church-Living, which being void, is commended to the charge and care of some sufficient Clerk, to be supplied, until it may be conveniently provided of a Pastor. And, that this was the true original of this practise, you may read at large in Durandus, De sacris Ecclesiae Ministeriis & Beneficiis, lib. 5. cap. 7. He to whom the Church is commended, hath the Fruits and Profits thereof, onely for a certain

time; and the Nature of the Church is not changed thereby, but is as a thing deposited in his hands in trust, who hath nothing but the custody of it, which may be revoked. When a Parson is made Bishop, there is a Cession of his Benefice by the Promotion; but if the King gives him power to retain his Benefice, he shall continue Parson, and is said to hold it in Com∣mendam. Hob. Rep. fol. 144. Latches Rep. fol. 236, 237. See Ecclesia commendata, in Gloss. x. Scriptor.

Comminalty (Fr. Communauté) Includes all the Kings Subjects. So in Art. super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre, signifies all the People of England. 2 Inst. fol 539.

Commissary (Commissarius) Is a Title of Ecclesiastical Jurisdiction, appertaining to such a one, as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City, as the Chancellor cannot call the Subjects to the Bishops Principal Consistory, without their too great molestation. This Commissary is by the Canonists called Commissa∣rius or Officialis foraneus. Lyndwoods Provin. cap. 1. And is ordained to this special end, that he supply the Bishops Jurisdiction and Office in the out places of the Diocess, or else in such Parishes as are peculiar to the Bishop, and exempted from the Jurisdiction of the Arch-deacon. For where either by Prescrip∣tion or Composition, Arch-deacons have Juris∣diction within their Arch-deaconries, as in most places they have, this Commissary is but superfluous, and oft-times vexations to the peo∣ple. Therefore the Bishop, taking Prestation Money of his Arch-Deacons yearly, Pro exte∣riori Jurisdictione, as it is ordinarily called, does by super-onerating their circuit with a Commissary, not onely wrong Arch-deacons, but the poorer sort of Subjects much more. Cowel. and see 4 Inst. fol. 338.

Commission (Commissio) Is with us, as much as delegatio with the Civilians, and is taken for the Warrant or Letters Patent, which all Men (exercising Jurisdiction, either ordinary or extraordinary) have to authorise them to hear or determine any cause or action. Of these see divers in the Table of the Reg. of Writs, and see Broke, tit. Commission; yet this word is sometimes extended farther then to Matters of Judgment, as the Commission of Purveyors or Takers, Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute, for taking away Pur∣veyance. Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament, 17 Car. 1. cap. 11. and that again explained by another Act, 13 Car. 2. cap. 12.

Commission of Association (mentioned 18 Eliz. cap. 9.) Is a Commission under the Great Seal, to associate two or more learned persons, with the several Justices in the several Circuits and Counties in Wales.

Commission of Anticipation, Was a Commission under the Great Seal, to collect a Subsidy before the day. Anno 15 Hen 8. Cokes 12 Rep. fol. 120.

Comission of Rebellion (Commissio Rebel∣lionis) Is otherwise called a Writ of Rebellion, and Issues, when a Man (after Proclamation issued out of the Chancery, and made by the Sheriff, to present himself, under pain of his allegiance to the Court, by a certain day) ap∣pears not. And this Commission is directed by way of command to certain persons, three, two or one of them, to apprehend or cause to be apprehended, the party, as a Rebel, or con∣temner of the Kings Laws; wheresoever they finde him within the Kingdom, and bring or cause him to be brought to the Court upon a day therein assigned: The Form of it you have in West, Tract. Touching proceedings in Chancery, Sect. 24.

Commissioner (Commissionarius) Is he that hath Commission, as Letters Patent, or other lawful Warrant, to execute any Publick Of∣fice; as Commissioners of the Office of Li∣cences of Alienation. West. Part. 2. Symb. Tit. Fines, Sect. 106. Commissioners in Eyr. Anno 3 Edw. 7. cap 26. With many such like.

Committée. Is he, or they to whom the consideration or ordering of any matter is re∣ferred, either by some Court or Consent of Parties to whom it belongs. As in Parliament, a Bill being read, is either consented to and passed, or denied, or neither, but referred to the consideration of some certain persons, appoint∣ed by the House farther to examine it, who thereupon are called a Committee. Committee of the King. West. pa. 2. Symb. tit. Chancery, Sect. 144. This word seems to be strangely used in Kitchin, fol. 160. where the Widdow of the Kings Tenant being dead, is called the Commit∣tee of the King, that is, one committed by the ancient Law of the Land, to the Kings care and protection.

Commoigne (Fr.) A Fellow-Monk, that lives in the same Convent. 3 Part. Instit. fol. 15.

Common (Commune, i. quod ad omnes per∣tinet) Signifies that Soil or Water, whereof the use is common to this or that Town or Lordship; as Common of Pasture, (Commune Pasturae.) Bracton, lib. 4. cap. 19. & 40. Commun of Fishing, (Commune Piscariae.) Idem, lib. 2. cap. 34. Common of Turbary, (Commune Tur∣bariae, i. Of digging Turves.) Idem, lib. 4. cap. 41. Common of Estovers, (Commune Estove∣riorum,) Kitchin, fol. 94, &c. Common is divided into Common in Gross, Common Appendant, Common Apportenant, and Common per cause de Vicinage, i. By reason of Neighborhood.

Common in Gross, Is a liberty to have Com∣mon alone (that is) without any Land or Te∣ment, in another Mans Land, to himself for life, or to him, and his heirs; and it is com∣monly passed by Deed of Grant or Specialty. Old Nat. Br. fol. 31. & 37.

Common Appendant, and Common Appur∣tenant, are in a manner confounded, as ap∣pears by Fitz. Nat. Br. fol. 180. And are de∣fined to be a Liberty of Common Appurtaining to, or Depending on such, or such a Freehold; which Common must be taken with Beasts Commonable; as Horses, Oxen, Kine, and Sheep, being accounted fittest for the Plough∣man; and not of Goats, Geese, and Hogs: But some make this difference, That Common Appurtenant may be severed from the Land whereto it pertains, but not Common Appen∣dant; which (according to Sir Edw. Coke, lib. 4. fol. 37.) had this beginning—When a Lord enfeoffed another in Arabic Lands, to hold of him in Soccage; the Feoffce, to main∣tain the service of his Plough, had at first, by the Curtesie or Permission of the Lord, Com∣mon in the Wastes of his Lord, for his neces∣sary Beasts, to ear and compost his Land, and that for two Causes; one, for that, as then it was taken, it was tacitly implied in the Feoff∣ment, by reason the Feoffee could not Till, nor Compost his Land without Cattle, and Cattle could not be sustained without Pasture, and so by consequence the Feoffee had, as a thing necessary and incident, Common in the Wastes and Land of the Lord. And this appears by the ancient Books, Temp. Ed. 1. tit. Common 24. and 17 Edw. 2. tit. Common 23. and 20 Edw. 3. tit. Admeasurement 8. and by the rehearsal of the Statute of Merton, cap. 4. The second rea∣son was, for maintenance and advancement of Tillage, which is much regarded and favored by the Law.

Common per cause de Vicinage (i. Common by reason of Neighborhood) Is a Liberty that the Tenants of one Lord in one Town, have to Common with the Tenants of another Lord in another Town: Those that challenge this kinde of Common (which is usually called Intercommoning) may not put their Cattel into the Common of the other Town; for then they are distrainable, but, turning them into their own Field, if they stray into the Neighbor-Common, they must be suffered; provided they do not surcharge either Common. Common of Pasture, the Civilians call Jus compascendi.

Common Bench (Bancus Communis, from the Sax. banc, i. A Bank, or Hillock, and metaphorically a Bench, High Seat or Tribu∣nal.) The Court of Common Pleas was ancient∣ly so called. Anno 2 Edw. 3. cap. 11. because (saith Camden in his Britan, pag. 113.) Communia Placita inter subditos ex jure nostro, quod Commune vocant, in hoc disceptantur, that is, the Pleas or Controversies between common persons are there tryed. And the Justices of that Court in Legal Records, are termed Justiciarii de Banco. Coke on Littl. fol. 71. b. See Common Pleas.

Common Fine (Finis Communis) Is a certain sum of Money, which the Resiants within the view of some Leets, pay to the Lord thereof, called in divers places Head-silver, in others Cert-money, or Certum Leta, and Head-pence; and was first granted to the Lord towards the charge of his purchase of the Court Leet, whereby the Resiants had now the ease, to do their Suit-Royal neerer home, and not be compelled to go to the Sheriffs Turn. As in the Mannor of Sheapshead in Com. Leic. e∣very Resiant pays 1 d per Poll to the Lord, at the Court held after Michaelmas, which is there called Common Fine. There is also Common Fine of the County, for which see Fleta, lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine, Anno 13 Rich. 2. cap. 4. For Common Fine, the Lord cannot distrain without a prescription. Godfreys Case, in Sir Edw. Cokes 11 Report.

Common Pleas (Communia Placita) Is the Kings Court, now constantly held in West∣minster Hall, but in ancient time moveable, as appears by Magna Charta, cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi, Parte 5. cap. 22. But Gwin, in the Preface to his Readings, saith, That until Henry the Third granted the Great Charter, there were but two Courts in all, cal∣led the Kings Courts, viz. The Exchequer and the Kings Bench, which was then called Curia Domini Regis, and Aula Regis; because it fol∣lowed the Court or King, and that upon the Grant of that Charter, the Court of Common Pleas was erected and setled in one place cer∣tain, viz. Westminster Hall; amd therefore after that, all the Writs ran, Quod sit coram Justi∣ciariis meis apud Westm. whereas before the party was commanded by them to appear, Coram me vel Justiciariis meis, simply without addition of place, as he well observes out of Glanvile and Bracton, the one writing in Henry the Second's time, before this Court was erected; the other in the later end of Henry the Third's time, who erected this Court. All Civil Causes, both Real and Personal, are or were in former times tryed in this Court, according to the strict Law of the Realm; and by Fortescu, cap. 50. it seems to have been the onely Court for Real Causes. The Cheif Justice thereof, is called the Lord Cheif Justice of the Common Pleas, accompanied with three or four Judges, Assist∣ants, or Associats, who are created by Let∣ters Patent, and, as it were, enstalled or placed on the Common Bench, by the Lord Chancellor, and Lord Chief Justice of the Court, as appears by Fortescu, cap. 51. who expresseth all the circumstances thereof. The rest of the Officers belonging to this Court, are, The Custos Brevium, three Prothonotaries, otherwise called Prenotaries, Chirographer, 14 Filazers. 4 Exigenters, Clerk of the War∣rants, Clerk of the Juries, or Jurata Writs, Clerk of the Treasury, Clerk of the Kings Silver, Clerk of the Essoyns, Clerk of the Outlaries, Clerk of the Errors. Whose distinct Functions read in their places. See Common Bench, and 4 Inst. fol. 99.

Common Day in Plea of Land (Anno 13 Rich. 2. Stat. 1. cap. 17.) Signifies an Ordi∣nary day in Court, as Octabis Hillarii, Quindena

Pasche, &c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench.

Common Intendment, Is Common Un∣derstanding or Meaning, according to the Sub∣ject Matter, not strained to an exotick sense. Bar to Common Intendment, is an Ordinary or General Bar, which commonly disables the Declaration of the Plaintiff. Of Common In∣tendment, a Will shall not be supposed to be made by Collusion. Coke on Littl. fol. 78. b. See Intendment.

Commons House of Parliament, Is so called, because the Commons of the Realm, that is, the Knights, Citizens, and Burgesses repre∣senting them, do sit there. Crompt. Jurisd. 9.

Common Law (Communis Lex) Hath three significations: First, It is taken for the Laws of this Realm simply, without any other Law joyned to it; As, when it is disputed, what ought of right to be determined by the Common Law, and what by the Spiritual Law, or Ad∣mirals Court, or the like. Secondly, For the Kings Court, as the Kings Bench or Common Pleas, onely to shew a difference between them and the Base Courts, as Customary Courts, Court Barons, County Courts, Pipowders, and such like: As when a Plea of Land is re∣moved out of Ancient Demesn, because the Land is Frank-fee, and pleadable at the Common Law, that is, in the Kings Court, and not in Ancient Demesn, or any other Base Court. Thirdly, and most usually, by the Common Law, is understood such Laws as were generally taken and holden for Law, before any Statute was made to alter the same. As, neither Tenant for Life, nor for Years, were punishable by the Common Law for doing Waste, till the Statute of Glouc. cap. 5. was made, which gives an Action of Waste against them. But Tenant by the Curtesie, and Tenant in Dower, were punishable for it before the said Statute. See Law.

Commorth. See Comorth.

Commore (Br. Cwmmwd, i. Provincia) In Wales is half a Cantred or Hundred, contain∣ing Fifty Villages. Stat. Walliae, 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seig∣nory, and may include one or divers Mannors. Coke on Littl. fol. 5.

Commune. See Comminalty.

Communi Custodia, Is a Writ that did lie for that Lord, whose Tenant, holding by Knights-service, died and left his eldest Son under age, against a Stranger that entred the Land, and obtained the Ward of the Body. Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24.

Communication (Communicatio) A talk∣ing, consultation, or conferring with. Where there is onely a Parley betwixt two, and no perfect Agreement, that is, no such Contract between them, as on which to ground an Action, it is called a Communication.

Communia placita non tenenda in Scar∣cario, Is a Writ directed to the Treasurer and Barons of the Exchequer, forbidding them to hold Plea, between common persons in that Court, where neither of them belong thereto. Reg. of Writs, fol. 187. b.

Comorth (Comortha) From the British Cymmorth, Subsidium) A Contribution: Subsidium à pluribus collatum. Anno 4 Hen. 4. cap. 27. And 26 Hen. 8. cap. 6. Prohibits the Le∣vying any such in Wales, or the Marches, &c. It seems this Commorth was gathered at Marri∣ages, and when young Priests said or sung their first Masses, and sometimes for redemption of Murders or Felonies.

Companion of the Garter, Is one of the Knights of that most Noble Order. Anno 24. Hen. 8. cap. 13. See Garter.

Compositio Mensurarum, Is the Title of an ancient Ordinance for Measures, not Printed, and is mentioned in the Statute of 23 Hen. 8. cap 4.

Compromise (Compromissum) Is a mutual promise of two or more parties at difference, to refer the ending of their Controversies to the Arbitrement, and Equity of one or more Arbitrators. West defines a Compromise or Sub∣mission to be the faculty or power of pronoun∣cing Sentence between Persons at Controver∣sie, given to Arbitrators by the Parties mutual private consent, without publick Authority. Par. 2. Symbol. Tit. Compromise. Sect. 1.

Computation (Computatio) Is the true ac∣count and construction of time; to the end, that neither party do wrong to the other, nor that the determination of time be so left at large, as to be taken otherways then according to the just Judgment of the Law. As, if In∣dentures of Demise are engrossed, bearing date 11 May, 1669. To have and to hold the Land in S. for three years from henceforth, and the Indentures are delivered the Fourth day of June following: In this Case, from henceforth shall be accounted from the day of the Delivery, and not from the date; and if the Indenture be delivered at four of the Clock in the Afternoon of the said Fourth day of June, the Lease shall end the Third day of June, in the Third year. For the Law, in this Computation, rejects all fractions or divisions of the day, for the incertainty, which always is the Mother of Contention. So where the Sta∣tute of Enrolments, made 27 Hen. 8. cap. 16. is, That Writings shall be enrolled within six Moneths after the date thereof, if such Wri∣tings have date, the Six Moneths shall be ac∣counted from the date, and not from the De∣livery; but if they want date, then it shall be accounted from the Delivery. Coke, lib. 5. fol. 1.

If any Deed be shewed to a Court at West∣minster, it shall remain in Court (by Judgment of the Law,) all the Term, in which it is shewed, for all the Term in Law, is but as one day. Coke, lib. 5. fol. 74. If a Church be void, and the Patron does not present within Six Moneths,

then the Bishop of the Diocess may collate his Chaplain, but these Six Moneths shall not be Computed according to Twenty eight days in the Moneth, but according to the Kalendar. See Kalendar-moneth.

Computo (Lat.) Is a Writ so called of the Effect, which compels a Bailiff, Chamberlain, or Receiver, to yield his account. Old Nat. Br. fol. 58. It is founded on the Statute of Westm. 2. cap. 2. And it lies also for Executors of Executors. 15 Edw. 3. Stat. de provis. victual. cap. 5. Thirdly, Against the Guardian in Soc∣cage for Waste made in the Minority of the Heir. Marlbr. cap. 17. And see further in what other Cases it lies, Reg. of Writs, fol. 135. Fitz. Nat. Br. fol. 116.

Conabel (Fr. Convenable, i. Convenient or fitting)—We ordain, that there be made a Hache of Conabyl heythe, crestyd with Pikes of Herne, to sore the entry of your Kechyne, that no strange peopille may enter with certain Clekets, advised be you, and be your Steward to such persons, as you and them think honest and Conable. Artic. Decani & Capit. S. Pauli Priorat. S. Helenae. Dat. 21 Junii, 1439.

Concealers (Concelatores) Are such as finde out concealed Lands, that is, such Lands as are privily kept from the King by common persons, having nothing to shew for their Title or Estate therein. Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. They are so called a Concelando, as Mons à Movendo, per Antiphrasin. See 3 Part. Inst. fol. 188. Where the Author calls them Turbidum hominum genus.

Concessi (a word much used in Convey∣ances) In Law it creates a Covenant, as Dedi does a Warranty. Coke on Littl. fol. 384.

Concord (Concordia, Agreement) Is, by a peculiar signification, defined to be the very Agreement between Parties, who intend the levying a Fine of Lands one to the other, how, and in what manner the Land shall pass. But in the form of it, many things are to be considered. West, pa. 2. Symb. tit. Fines and Concords, Sect. 30. whom read at large.

Concord is also an Agreement made (upon any Trespass committed) betwixt two or more; and is divided into a Concord Executory, and a Concord Executed. See Plowden, in Reniger and Fogassa's Case, fol. 5, 6, & 8. where it ap∣pears by some opinion, That the one bindes not, as being imperfect; the other absolute, and ties the party: Yet by some other opinion in the same Case, it is affirmed, That Agree∣ments Executory, are perfect, and binde no less then Agreements executed.

Concubinage (Fr.) Signifies properly the keeping a Whore for ones own filthy use; but it is used as an exception against her, who sues for Dower, alleaging thereby that she was not Wife lawfully married to the party, in whose Lands she seeks to be endowed, but his Concubine. Britton, cap. 107. Bracton, lib. 4. tract. 6. cap. 8.

Conders (from the Fr. Conduire, i. to con∣duct) Are such as stand upon high places, near the Sea-coast, at the time of Herring-Fishing, to make signs with Boughs, &c. to the Fishers, which way the shole of Herrings passeth, which may better appear to such as stand upon some high Cliff on the shore, by a kinde of blew colour they cause in the Water, then to those that are in the Ships. These are otherwise cal∣led Huers, (of the Fr. Huyer, i. Exclamare) and Balkers, Directors, and Guiders, as appears by the Statute 1 Jac. cap. 23.

Condition (Conditio) Is a Manner, Law, Quality, or Restriction annexed to Mens Acts, qualifying or suspending the same, and making them uncertain, whether they shall take effect, or no. West, pa. 1. Symb. lib. 2. sect. 156. In a Lease there may be two sorts of Conditions; Condition collateral, or Condition annexed to the Rent. Coke, lib. 3. Penants Case, fol. 64. Col∣lateral Condition, is that which is annexed to any Collateral Act, as, that the Lessee shall not go to Paris. Ibidem, fol. 65. Condition is al∣so divided into Condition in Deed or Fact, and Condition in Law; which otherwise may be termed Condition expressed, and Condition implied. Perkins, tit. Conditions.

Condition in Deed, Is that which is knit and annexed by express words to the Feoffment, Lease, or Grant, either in writing, or without writing: As if I enfeoff a Man in Lands, re∣serving a Rent to be paid at such a Feast, upon Condition, if the Feoffee fail of payment at the day, then it shall be lawful for me to re∣enter.

Condition Implied, which is called a Condi∣tion in Law, Is when a Man Grants to another the Office of Keeper of a Park, Steward, Bai∣liff, or the like for Life, though there be no Condition at all expressed in the Grant; yet the Law makes one covertly, which is, if the Grantee does not justly execute all things per∣taining to his Office by himself, or his sufficient Deputy, it shall be lawful for the Grantor, to enter and discharge him of his Office. See Littleton, lib. 3. cap. 5.

Cone and Key. Bracton, lib. 2. cap. 37. num. 3. Foemina in tali atate (i. 14 & 15 Anno∣rum) potest disponere Domui suae & habere Cone & Key. Colne in the Saxon, signifies Cal∣culus, computus; and Key, clavis. So that a Woman was then held to be of competent years, when she was able to keep the Accounts and Keys of the House; and Glanv. lib. 7. cap. 9. hath somewhat to the same purpose.

Confederacy (Confederatio) Is when two or more confederate or combine themselves to do any damage to another, or to commit any unlawful act. And though a Writ of Conspi∣racy does not lie, if the party be not indited, and in lawful manner acquitted, for so are the words of the Writ; yet false confederacy be∣tween divers persons shall be punished, though nothing be put in execution, which appears by the Book of 27 Assis. Placit. 44. where two w••••e indited of Confederacy, each to maintain

other, whether their matter were true or false, and though nothing were supposed to be put in practise, the Parties were enjoyn'd to an∣swer, since the thing is forbidden by Law. So in the next Article, in the same Book, enquiry shall be made of Conspirators and Confederators, which binde themselves together, &c. This Confederacy, punishable by Law before it be executed, ought to have four incidents. First, It must be declared by some matter of prose∣cution, as by making of Bonds or Promises the one to the other: 2. Malicious, as for un∣just revenge. 3. It ought to be false, against an innocent. Lastly, to be out of Court, voluntary. Terms de la Ley.

Confirmation (Confirmatio) Is a strength∣ning or confirming an estate to one, who hath the possession, by a voidable Title, though not at present void. As, a Bishop grants his Chancellorship by Patent for term of the Pa∣tentees life: This is no void grant, but void∣able by the Bishops death, except it be strength∣ned by the Dean and Chapters Confirmation. See more of this in West, pa. 1. Symb. lib. 2. sect. 500. Fitz. Nat. Br. fol. 169. b. and Littleton, lib. 3. cap. 9.

Confiscate, From the Lat. Confiscare, and that from Fiscus, which originally signifies a Hamper, Pannier or Basket; but Metonymi∣cally the Emperors Treasure, which was an∣ciently kept in such Hampers; and though our King keeps not His Treasure in such things, yet (as the Romans said) such Goods as were for∣feited to the Emperors Treasury for any offence, were Bona confiscata, so say we of those that are forfeited to our Kings Exchequer. And the title to have these Goods, is given the King by the Law, when they are not claimed by some other. As, if a Man be indited for feloniously stealing the Goods of another, where in truth they are the proper Goods of him indited, and they are brought in Court against him; who, being asked what he saith to the said Goods, disclaims them. By this Disclaimer he shall lose the Goods, though he be afterwards ac∣quitted of the Felony, and the King shall have them as Confiscate; but otherwise, if he had not disclaimed them. So where Goods are found in the Felons possession, which he dis∣avows, and afterwards is attainted of other Goods, and not of them, there the Goods which he disavows, are Confiscate to the King; but had he been attainted of the same Goods, they should have been said forfeited, not Con∣fiscate, notwithstanding his disavowment. See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note, Confiscare & Forisfacere, are Synonyma; and Bona confiscata, are Bona forisfacta. 3 Inst. fol. 227.

Confrairie (Fr.) A Fraternity, Fellow∣ship, or Society; as the Confrairie de Seint George, or de les Chivaliors de la bleu Jartier. Selden.

Confréeres (Fr. Confreres) Brethren in a Religious House; Fellows of one and the same House or Society. Anno 32 Hen. 8. cap. 24.

Congeable (from the Fr. Conge, i. Leave, Licence, or Permission) Signifies as much as lawful or lawfully done, or done with leave of permission, as, The entry of the Disseisee is conge∣able: Littleton, sect. 410. and 2 par. Croke, fol. 31.

Conge d'••••ccorder. (Fr. i. Leave to ac∣cord or agree) I finde it in the Statute of Fines, An. 18 Edw. 1. in these words—When the Writ original is delivered in presence of the Parties before Justices, a Pleader shall say this, Sir Justice Conge d'Accor∣der, and the Justice shall say to him, What saith Sir R. and shall name one of the Parties, &c.

Conge d'Eslire (Fr. i. Leave to chuse) Signifies the Kings Permission Royal to a Dean and Chapter, in time of Vacation, to chuse a Bishop, or to an Abbey or Priory of his own Foundation, to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169, 170.—Gwin, in the Preface to his Readings, says, The King of England, as Soveraign Patron of all Arch-Bishopricks, Bishopricks, and other Eccsesiasti∣cal Benefices, had of ancient time free appoint∣ment of all Ecclesiastical Dignities, whensoever they chanced to be void, investing them first per baculum & annulum; and afterwards by His Letters Patent, and that in process of time he made the Election over to others, under certain Forms and Conditions; as namely, that they should, at every vacation, before they chuse, demand of the King Conge d'Eslire, that is, Leave to proceed to Election, and then after the Election, to crave His Royal assent, &c. And he affirms, that King John was the first that granted this, which was afterward confirmed by Westm. 1. cap. 1. and again, by Articuli Cleri, cap. 2.

Congius, An ancient Measure of Six Sex∣taries; which is about a Gallon, and a Pint.—Et reddat quinque Congios celia & unum Ydromelli, & triginta panes cum pertinentibus pulmentariis. Carta Edmundi Regis de Anno 946.

Conisance. See Cognizance.

Conisor alias Cognizor (Recognit••r.) Is used in the passing of Fines for him that ac∣knowledges the Fine, and the Conizee is he to whom the Fine is acknowledged. Anno 32 Hen. 8. cap. 5. West. pa. 1. Symb. lib. 2. sect. 49. and Parte 2. tit. Fines, sect. 114.

Conjuration (Conjuratio) Signifies a Plot or Confederacy, made by some persons com∣bining themselves together, by oath or promise, to do some publick harm. But it is more espe∣cially used for the having personal conference with the devil, or some evil spirit, to know any secret, or to effect any purpose. Anno 5 Eliz. cap. 16. The difference between Con∣juration and Witchcraft seems to be, because the one endeavors by Prayers and Invocation of Gods powerful names, to compel the divol to say or do what he commands him; the other deals rather by friendly and voluntary con∣ference or agreement with the devil or familiar,

to have her, or his desires served, in lieu of blood, or other gift offered him, ospecially of his or her Soul. And both these differ from Enchantments or Sorc••ries; because those are personal conferences with the Divel, as is said; and these are but Medicines and Ceremonial Forms of words (called commonly Charms) without Apparition. Cowel.

Consanguineo, Is a Writ, which see in the Reg. of Writs; de Avo. Pro avo, & Consanguineo, fol. 226.

Conservator of the Truce, and safe Con∣ducts (Conservator induciarum & salvorum Regis Conductuum) Was an Officer appointed in every Sea-Port, under the Kings Letters Pa∣tent, and had forty pound for his yearly stipend at the least. His charge was to enquire of all offences done against the Kings truce and safe Conducts upon the main Sea, out of the Fran∣chises of the Cinque Ports, as the Admirals of Custom were wont, and such other things as are declared Anno 2 Hen. 5. cap. 6. Touching this matter also, see the Statute of 4 Hen. 5. cap. 7.

Conservator of the Peace (Conservator vel custos Pacis) Is he that hath an especial charge, by vertue of his Office, to see the Kings Peace kept: Which Peace, Lambert defines to be, a with-holding or abstinence from that injurious force and violence, which boisterous and un∣ruly persons are, in their nature, prone to use towards others, were they not restrained by Laws, and fear of punishment: He farther adds, that before the time of King Edward the Third, who first erected Justices of Peace, there were sundry persons, who by the Commmon Law, had interest in keeping the Peace. Of those, some had that charge, as incident to the Offices they bore, and so included in the same, that they were called by the name of their Office onely; others had it simply as of it self, and were there∣of named Custodes Pacis, Wardens, or Conser∣vators of the Peace. The former and later sort he again subdivides in his Eyren, lib. 1. cap. 3. The Corporation of the great Level of the Fens, does consist of one Governor, Six Bai∣liffs, Twenty Conservators and Commonalty; as by the Act of Parliament, 15 Car. 2. cap. 17. appears. The Chamberlain of Chester, is a Conser∣vator of the Peace in that County, by vertue of his Office. 4 Inst. fol. 212. And Petty Con∣stables are by the Common Law, Conservators of the Peace, &c. Conservators of the Privi∣ledges of the Hospitalers, and Templers, &c. Westm. 2. cap. 43. See 4 Inst. fol. 341.

Consideration (Consideratio) Is the mate∣rial cause, the Quid pro quo of any Contract, without which no Contract binds. This Con∣sideration is either expressed, as if a Man bar∣gain to give Five pounds for a Horse; or im∣plied, as when the Law it self inforces a Con∣sideration; as if a Man come into a Common Inn, and there stay some time, taking Meat and Lodging, or either for himself and his Horse, the Law presumes he intends to pay for both, though there be no express Contract be∣twixt him and his Host; and therefore, if he discharge not the House, the Host may stay his Horse. Fulb. Paral. tract. Contracts, fol. 6.

Consistory (Consistorium) Signifies as much as Praetorium or Tribunal. It is commonly used for a Council-House of Ecclesiastical Persons, or the place of Justice in the Court Christian; a Session or Assembly of Prelates. Every Arch∣bishop and Bishop of every Diocess, hath a Consistory Court held before his Chancellor or Commissary in his Cathedral Church, or other convenient place of his Diocess, for Ecclesia∣stical Causes. See 4 Inst. fol. 338.—Sciatis vos omnes & caeteri mei fideles, qui in Anglia ma∣nent, quod Espicopales Leges, quae non bene se∣cundum Sanctorum Canonum praecepta, usque ad mea tempora, in Regno Anglorum fuerunt, communi Concilio Archiepiscoporum meorum & caeterorum Episcoporum & Abbatum & omnium Principum Regni mei, emendendas judicavi. Propterea mando & Regia Authoritate praecipuo, ut nullus Episcopus vel Archi-Deaconus de Legi∣bus Episcopalibus amplius in Hundret placita teneant, nec causam, quae ad regimen animarum pertinet, ad judicium secularium hominum ad∣ducant, &c. This Law, made by the Conqueror, seems to give the original of the Bishops Con∣sistory, as it sits with us divided from the Hun∣dred or County-Court, wherewith in the Saxon time it was joyned. And, in the same Law of his, is further added, Hoc etiam defendo, ut nullus laicus homo de Legibus quae ad Episcopum pertinent, se intromittat, &c. Seldens Hist. of Tithes, pag. 413, 414.

Consolidation (Consolidatio) Is used for the combining and uniting two Benefices in one. Broke, tit. Union, and Anno 37 Hen. 8. cap. 21. This word is taken from the Civil Law, where it signifies properly an uniting of the possession, occupation, or profit, with the property. As, if a Man have by Legacy Usum-fructam fundi, and afterwards buy the Property or Fee-simple (as we call it) of the Heir; this is called a Consolidation. See Union, and Unity of Pos∣session.

Conspirators, Are (according to the Sta∣tute) those that do confeder, or ••ind them∣selves by Oath, Covenant, or other Ali∣ance, that every of them shall aid, and hear the other, falsly and maliciously to indite, or cause to indite, or falsly to move or maintain Pleas: And also such as cause Children within age, to Appeal Men of ••elony, whereby they are imprisoned and sore grieved; and such as retain Men in the Countrey, with Liveries or Fées to main∣tain their malicious enterprises: And this extendeth as well to the takers, as to the givers. And Stewards and Bailiffs of great Lords, which by their Seigniory, Office, or Power, undertake to hear or maintain Quarrels, Pleas, or Debates that concern other Parties, then such as touch the estate of their Lords, or them∣selves. Anno 33 Edw. 1. Stat. 2.—2 Part. Inst. ••ol. 384. and 562.

Conspiracy (Conspiratio) Though both in Latin and French, it be used for an Agreement of Men to do any thing, either good or bad; yet in our Law-Books, it is always taken in the evil part. Anno 4. Edw. 3. cap. 11.—3 Hen. 7. cap. 13.—1 Hen. 5. cap. 3. and 18 Hen. 6. cap. 12. As also New Book of Entries, verbo Conspi∣racy. In which places, Conspiracy is taken more generally, and confounded with Maintenance and Champerty; but, in a more special signi∣fication, it is used for a Confederacy of two, at the least, falsly to endite one, or to procure one to be endited of Felony. And the punishment of it, upon an Indictment of Felony, at the Kings suit, anciently was, That the party at∣tainted, lose his Frank-Law, to the end, he be not empannel'd upon Juries or Assizes, or such like employments, for testifying the truth; and if he have to do in the Kings Court, that he make his Atturney; and that his Lands, Goods, and Chattels be seised into the Kings hands, his Lands estreaped (if he finde no bet∣ter favor) his Trees raced, and his Body com∣mitted to prison. 27 Lib. Assis. 59. Cromptons Just. of Peace, fol. 156. b. This is called Vil∣lanous Judgment or Punishment. See Villanous Judgment. But if the party grieved, sue upon the Writ of Conspiracy, then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight; As Conspiracies made by Victualers, touching selling of Victuals, shall be grievously punished. See 37 Hen. 8. 23. and 3 Part. Inst. fol. 143.

Conspiratione, Is a Writ that lies against Conspirators. Fitz. Nat. Br. fol. 114. d. Cromp∣tons Jurisd. fol. 209. See also the Register, fol. 134.

Constable (Constabularius) Is a Saxon word compounded of Cuning or Cyng, and Staple, which signisie the stay and hold of the King. Lamb. Duty of Constables, num. 4. But I have seen it derived from Comes Stabuli, which seems more probable; because we had this Officer, and many others from the Caesarean Laws, and Customs of the Empire, as well as from the Saxons.

This word is diversly used, First for the Constable of England, of whose great Dignity and Authority, we may finde many proofs in the Statutes and Chronicles of this Realm. His Function consists in the care of the common Peace of the Land, in Deeds of Arms, and Matters of War. Lamb. ubisupra. With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says, To the Court of the Constable. and Marshal, it appertains to have Conusance of Contracts and Deeds of Arms and of War, out of the Realm, and also of things that touch War within; as Combats, Blasonry of Arms, &c. But it may not meddle with Battel in Ap∣peals, nor generally with any other thing that may be tryed by the Law of the Land. See For∣tescu, cap. 32. and 4 Inst. fol. 123.

Out of this High Magistracy of Constable of England (says Lambert) were drawn those Inferior Constables, which we call Constables of Hundreds and Franchises; and first ordained by the Statute of Winchester, Anno 13 Edw. 1. which appoints for conservation of the Peace, and view of Armor, two Constables in every Hundred and Franchise, which in Latin are called Constabularii Capitales, High Constables; because continuance of time and increase, both of People and Offences, hath, under these, made others in every Town called Petit-Constables, in Latin Sub-Constabularios, which are of like nature, but of Inferior Authority to the other. The making of a Petty Constable belongs to the Lords of divers Mannors, Jure Feudi. Of these, read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places, called by this name, as Constable of the Tower. Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer, Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle, Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly, as Lambert Notes, though confounded in name with the other. See the Statute Anno 32 Hen. 8. cap. 38.—Manwood, par. 1. cap. 13. mentions a Constable of the Forest.

Constat (Lat.) Is the name of a kinde of Certificate, which the Clerk of the Pipe, and Auditors of the Exchequer make, at the request of any person, who intends to plead or move in that Court, for discharge of any thing. Anno 3 & 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record, touching the mat∣ter in question, and the Auditors Fee for it, is 13 s. 4 d.

A Constat is held to be Superior to a Certi∣ficat, because this may erre or fail in its Con∣tents, that cannot; as certifying nothing, but what is evident upon Record. Also, the Exem∣plification under the Great Seal of the Inrol∣ment of any Letters Patent is called a Constat. Coke on Littl. fol. 225. b. The difference be∣tween a Constat, Inspeximus & Vidimus, you may read at large in Pages Case. Cokes fifth Re∣port.

Consuetudinibus & Servitiis, Is a Writ of Right Close, which lies against the Tenant that deforceth his Lord of the Rent or Service due to him. Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs, fol. 159.

Consultation (Consultatio) Is a Writ whereby a Cause, being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian, to the Kings Court is returned thither again. For, if the Judges of the Kings Court, upon comparing the Libel with the sug∣gestion of the party, finde the suggestion false, or not proved; and therefore, the Cause to be wrongfully called from the Court Christian, then upon this Consultation or Deliberation, they Decree it to be returned again; where∣upon the Writ in this Case obtained, is called a Consultation. Of this you may read Reg. of Writs, fol. 44, 45.—Usque 58. Old Nat. Br. fol. 32. Fiiz. Nat. Br. fol. 50. The Statute of

the Writ of Consultation, Anno 24 Edw. 1. and 2 Part. Inst. fol. 105.

Contenement (Contenementum, As—Sal∣vo contenemento suo, Mag. Cha. cap. 14.) Sig∣nifies his Countenance, Credit, or Reputation, which he hath, together with, and by reason of his Freehold; and in this sence does the Sta∣tute of 1 Edw. 3. and Old Nat. Br. use it, where Countenance is used for Contenement: The Armor of a Soldier is his Countenance; the Books of a Scholler, his Countenance, and the like. Coke, 2 Part. Inst. fol. 28. Bracton, lib. 3. Tract. 2. cap. 1. num. 3. And Sir Henry Spelman says, Contenementum est ••stimatio & conditionis forma, qua quis in Repub. subsistit.

Contingent Use, Is a Use limited in a Conveyance of Land, which may, or may not happen to Vest; according to the contingency expressed in the Limitation of such Use. See Chudleighs Case, in Cokes 1 Rep.

Continuance, Is as Prorogatio in the Civil Law. For example, Continuance until the next Assise. Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said, if a Record in the Treasury be alleaged by the one party, and denied by the other, a Certiorari shall be sued to the Treasurer, and the Chamberlain of the Exchequer, who, if they certifie not in the Chancery, That such a Record is there, or that it is likely to be in the Tower, the King shall send to the Justices, repeating the Certificate, and will them to continue the Assise. In this signification, it is likewise used by Kitchin, fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action, is from one Term to another, in case where the Sheriff hath not returned or executed a former Writ, issued out in the said Action.

Continual Claim, Is a Claim made from time to time, within every year and day, to Land, or other thing, which in some respect, we cannot attain without danger. As, if I be disseised of Land, into which, though I have a right, I dare not enter for fear of beating, it behoves me to hold on my right of Entry at my best opportunity, by approaching as neer it as I can, once every year, as long as I live, and so I save the right of Entry to my Heir. See more in Littleton, verbo, Continual Claim, and the New Book of Entries, ibidem. And Fleta, lib. 6. cap. 53.

Continuando, Is a word used in a special Declaration of Trespass, when the Plaintiff would recover damages for several Trespasses in the same Action: For, to avoid multiplicity of Sutes, a Man may in one Action of Trespass, recover damages for forty or more Trespasses, laying the first to be done with a Continuance to the whole time, in which the rest of the Tres∣passes were done; and is in this Form, Con∣tinuando transgressionem praedictam, &c. 〈◊〉〈◊〉 prae∣dict•• die, &c. Usque such another day, inclu∣ding the last Trespass.

Contours. See Countors.

Contrabanded Goods (from contra, and the Ital. Bando, an Edict or Proclamation) Are those which are prohibited by Act of Parlia∣ment, or Proclamation, to be imported into, are exported out of this, or other Nations.

Contract (Contractus) Is a Covenant or A∣greement between two, with a lawful Conside∣ration or Cause. West, pa. 1. Symb. lib. 1. sect. 10. As if I sell my Horse for Money, or Co∣venant, in consideration of 20 l. to make you a Lease of a Farm; these are good Contracts, because there is Quid pro quo.

Usurious Contract, Is a Contract to pay more interest for any Money, then the Laws and Sta∣tutes of this Realm allow. It is a Devastavit in an Executor, to pay a Debt upon an Usurious Contract. Noys Reports, fol. 129.

Contrafaction (Contrafactio) A Counter∣feiting. As Contrafactio sigilli Regis.

Contra formam Collationi••, Was a Writ that ••ay against an Abbot, or his Successor, for him or his heir, who had given Land to an Abbey for certain good uses, and found a Fe∣ofment made thereof by the Abbot, with as∣sent of the Tenants, to the Dis••••herison of the House and Church. This was founded on the Statute of Westm. 2. cap. 41. See Reg. of Writs, fol. 238. and Fitz. Nat. Br. fol. 210.

Contra formam Feoffamenti, Is a Writ that lies for the Heir of a Tenant enseoffed of certain Lands or Tenements, by Charter of Feoffinent of a Lord, to make certain Services and Sutes to his Court, and is afterward di∣strained for more, then is contained in the said Charter. Reg. of Writs, fol. 176. Old Nat. Br. fol. 162.

Contributione facienda, Is a Writ, that lies, where more are bound to one thing, and one is put to the whole burden. Fitzh. (Nat. Br. fol. 162.) brings these examples, If Tenants in Common or Joynt, hold a Mill Pro indiviso, and equally take the profits thereof, the Mill falling to decay, and one or more of them re∣fusing to contribute towards its reparation, the rest shall have this Writ to compel them. And if there be three Coparceners of Land, that ow sute to the Lords Court, and the eldest per∣forms the whole, then may she have this Writ to compel the refuser to a Contribution. Old Nat. Br. (fol. 103.) frames this Writ to a Case, where one onely sute is required for Land, and that Land being sold to divers, sute is required of them all, or some of them by Distress, as intirely, as if all were still in one. See Reg. of Writs, fol. 176.

Controller (Fr. Contrerolleur) We have divers Officers of this name; as Controller of the Kings House, Anno 6 Hen. 4. cap. 3. Controller of the Navy, 35 Eliz. cap. 4. Controller of the Custom, Cromp. Jurisd. fol. 105. Controller of Calis, 21 Rich. 2. cap. 18. Controller of the Mint, 2 Hen. 6. cap. 12.

Controller of the Ha••per, Is an Officer in the Chancery attending the Lord Chancellor daily in the Term time, and upon Seal days. Hia Office is to take all things sealed from the Clerk of the Hanaper, inclosed in Bag•• of Leather, and to note the just number and effect of all

things so received, and enter the same in a Book, with all the duties, appertaining to His Majesty, and other Officers for the same, and so charges the Clerk of the Hanaper with it.

Controller of the Pipe, Is an Officer of the Exchequer, who writes out Summons twice e∣very year to the Sheriffs to levy the Farms, and Debts of the Pipe, and keeps a Controlment of the Pipe, and was anciently called Duplex Ingrossator.

Controller of the Pell, Is also an Officer of the Exchequer, of which sort there are two, viz. The two Chamberlains Clerks, that do or should keep a Controlment of the Pell, of re∣ceipts and goings out: This Officer was origi∣nally one, who took notes of any other Offi∣cers accounts or receipts, to the intent to dis∣cover him, if he dealt amiss, and was ordain∣ed for the Princes better security; for proof whereof, read Fleta, lib. 1. cap. 18. And the Stat. 12 Edw. 3. cap. 3.

Controvor (Fr. Controuveur) He that of his own head, devises or invents false bruits, or feigned news. 2 Inst. fol. 227.

Convenable (Fr.) Agreeable, suitable, convenient or fitting. Anno 27 Edw. 3. Stat. 2. cap. 21. and 2 Hen. 6. cap. 2. See Coven∣able.

Conventicle (Conventiculum) A little pri∣vate Assembly or Meeting, for exercise of Re∣ligion; first, attributed in disgrace to the Schools of Wickcliff in this Nation, above 200 years since, and now applied to the Illegal Meetings of the Non-conformists, and is men∣tioned in the Stat. 1 Hen. 6. cap. 3. and 16 Car. 2. cap. 4.

Conventio, Is a word much used both in Ancient and Modern Law-pleadings, for an Agreement or Covenant: For example, take this pleasant Record.

Ex libro Rotulorum Curiae Manerii de Hatfield (juxta Insulam de Axholme) in Com. Ebor.

Curia tenta apud Hatfield die Mercurii Prox^o post Festum—Anno xi^o. Edw. 3^tii.

RObertus de Roderham qui optulit se versus Johannem de Ithen de eo quod non teneat Conventionem inter eos factam, & unde queri∣tur, quòd certo dio & anno apud Thorne conveni•• inter praedictum Robertum & Johannem, quod praedictus Johannes vendidit praedict•• Roberto Diabolum ligatum in quodam ligamine pro iii^d. ob. & super praedictus Robertus tradidit prae∣dicto Johanni quoddam obolum-earles (i. earn∣est-money) per quod proprietas dicti Diaboli commoratur in persona dicti Roberti ad haben∣dam deliberationem dicti Diaboli, infra quartam diem prox' sequent. Ad quam diem idem Ro∣bertus venit ad praefatum Johannem, & petit deliberationem dicti Diaboli, s••••undum Conven∣tionem inter eos factam; idem Johannes prae∣dictum Diabolum deliberare noluit, nec adhuc vult, &c. ad grave dampnum ipsius Roberti lx^fol. Et inde producit sectam, &c. & praedictus Johannes venit, &c. Et non dedicit Conventi∣onem praedictam. Et quia videtur Curiae quod tale placitum non jacet inter Christianos, Ideo partes praedicti adjournantur usque in infernum, ad audiendum judicium suum, & utraque pa••s in misericordia, &c.

Conventione, Is a Writ that lies for the breach of any Covenant in writing. Reg. of Writs, fol. 185. Old Nat. Br. fol. 101. Fitz. (Nat. Br. fol. 145.) calls it a Writ of Covenant, who divides Covenants into personal and real, making a discourse of both, as also how this Writ lies for both.

Conventuals, Are those Religious Men, who are united together in a Convent or Religious House. See Frier Observant.

Conventual Church. See Parish.

Convict (Convictus) Is he that is found guil∣ty of an O••fence by Verdict of a Jury. Stamf. Pl. Cor. fol. 186. yet Crompton, out of Judge Dyers Commentaries, 275, saith, That Convicti∣on is, either when a Man is outlawed, or ap∣pears, and confesseth, or else is found guilty by the Inquest. Cromp. Jus••. of Peace, fol. 9. Conviction and Attainder are often confounded. See Attaint and Attainted.

A Convict Recusant, Is one that hath been legally presented, indicted and convic•• for re∣fusing to come to Church to hear the Common-Prayer, according to the Statutes. 1 Eliz. 2.—23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants; though any others, that refuse to come to Church for the purpose aforesaid, may as properly be called Recusants. See Ju••y.

Convocation (Convocatio) Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament: And as there are Two Houses of Parliament; so are there Two Houses of Convocation; the one called the Higher Convocation House, where the Arch∣bishops and Bishops sit severally by themselves, the other the Lower Convocation House, where all the rest of the Clergy sit. Anno. 25 Hen. 8. cap. 19. See Prolo••utor.

Conusance. See Cognisance.

Conusant (Fr. Cognoissant) Knowing, un∣derstanding, apprehending.—If the son be Conusant, and agrees to the Fe〈…〉〈…〉ment, &c. Coke on Littl. fol. 159. b.

Conusor. See Cognizor.

Coopertura, A Thicket or Covert of Wood. Carta de Foresta, cap. 12.

Ca••••••ceners (Farticip••s) Otherwise called Parceners, are such as have equal portion in the inheritance of their Ancestor. Littleton (lib. 3.) says, Paroenors are either by Law, or by Custom; Parcenors by Law, are the issue Female, which (in default of Heir-male)▪ come in equality to the Lands of their A〈…〉〈…〉. Bracto••, lib. 2. cap. 30. Parce••••rs by Cust•••• are those, who by custom of the Country, challenge equal part in such Lands, as in Kent, by ••••vol∣kind. Of these you may read more at large in

Littl. lib. 3. cap. 1. & 2. and Brittan, cap. 27. The Crown of England is not subject to Copar∣cinery. Anno 25 Hen. 8. cap. 22.

Cope, Is a Custom or Tribute due to the King, or Lord of the Soil, out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby; of which, thus Mr. Manlove in his Treatise of those Liberties and Customs, Printed 1653.

—Egress and Regress to the Kings High-way, The Miners have; and Lot and Cope they pay. The Thirteenth Dish of Oar within their Mine, To the Lord for Lot, they pay at Measuring time. Six pence a Load for Cope the Lord demands, And that is paid to the Berghmasters hands, &c.

Copia libelli deliberanda, Is a Writ that lies in Case, where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefia∣stical. Reg. of Writs. fol. 51.

Copihold (Tenura per Copiam Rotuli Curiae) Is a Tenure for which the Tenant hath nothing to shew, but the Copy of the Rolls made by the Steward of his Lords Court. For, as the Ste∣ward enrols and makes Remembrances of all other things done in the Lords Court; so he does also of such Tenants as are admitted in the Court, to any parcel of Land or Tenement belonging to the Mannor, and the Transcript of this, is called the Court-Roll, the Copy where∣of the Tenant keeps, as his onely evidence. Coke, lib. 4. fol. 25. b. This is called a Base Te∣nure, because it holds at the Will of the Lord. Kitchin, fol. 80. cap. Copiholds. Fitzh. (Nat. Br. fol. 12.) says, It was wont to be called Te∣nure in Villenage, and that Copihold is but a new name; and yet it is not simply at the Will of the Lord, but according to the Custom of the Mannor. So that if a Copiholder break not the Custom of the Mannor, and thereby forfeit his Tenure, he seems not so much to stand at the Lords curtesie for his right, that he may be displaced at his pleasure. These Customs are infinite, varying in one point, or other, almost in every several Mannor.

Copiholders do upon their Admittances, pay a Fine to the Lord of the Mannor, of whom the Lands are holden, which Fines are in some Mannors certain, in others incertain: Those which are incertain, the Lord rates at what Fine he pleaseth; but if it exceeds two years value, the Courts of Chancery, Kings Bench, Common Pleas, or Exchequer, have in their several Jurisdictions, power to reduce the Fine unto two years value.

Copiholds, are a kinde of Inheritance, and called in many places Customary; because the Tenant dying, and the hold being void, the next of the Blood, paying the Customary Fine, as Two shillings for an Acre, or such like, may not be denied his admission. Secondly, some Copiholders have by Custom, the Wood grow∣ing upon their own Land, which by Law they could not have. Thirdly, Others hold? by the Verge in ancient Demesns, and though they hold by Copy, yet are they in account a kinde of Freeholder; for if such a one commit Fe∣lony, the King hath Annum, diem & vastum, as in case of Freehold; some others hold by Common Tenure, called Meer Copihold, whose Land, upon Felony committed, Escheats to the Lord of the Mannor. Kitchin, fol. 81. Cha. Tenants per Verge in ancient Demesn. This is the Land, which (in the Saxons time) was cal∣led Folkland. West, (Par. 1. Symbol. lib. 2. sect. 646.) says, A Copiholder is he who is ad∣mitted Tenant of any Lands, or Tenements within a Mannor, which, time out of minde, by the use and custom thereof, have been Demisable to such as will take the same, by Copy of Court-Roll, according to the custom of the said Mannor, &c. Where you may read more on this subject, see Freebench.

Coram non judice,—In a Cause where∣of they (the Judges) have not any Jurisdiction, and then it is Coram non judice. 2 Part. Croke, fol. 351. Powels Case.

Coraage (Coraagium) Is a kinde of Impo∣sition extraordinary, growing upon some un∣usual occasion, and it seems to be of certain Measures of Corn. For Corus tritici, is a Measure of Corn. Bracton, lib. 2. cap. 116. num. 6. Who in the same Chapter, num. 8. hath these words.—Sunt etiam quaedam communes prae∣stationes, quae servitia non dicuntur, nec de con∣suetudine veniunt, nisi cum necessitas intervene∣rit, vel cum Rex venerit; sicut sunt Hidag••a, Coraagia, & Carvagia, & alia plura de necessi∣tate & ex consensu communi totius Regni intro∣ducta, &c.

Cord of Wood, Ought to be eight foot long, four foot broad, and four foot high, by Statute.

Cordage (Fr.) Is a general application for Stuff to make Ropes, and for all kinde of Ropes belonging to the Rigging of a Ship. Mentioned 15 Car. 2. cap. 13. Seamans Dicti∣onary.

Cordiner (vulgarly Cordwaner) From the Fr. Codovannier, a Shoo-maker, and is so used in divers Statutes, as 3 Hen. 8. cap. 10.—5 E∣jusdem, cap. 7. and others.

Cornage (Cornagium from Cornu, a Horn) Was a kinde of Grand Serjeanty; the ser∣vice of which Tenure, was to blow a Horn when any Invasion of the Scots was perceived. And by this many Men held their Land Northward, about the Picts-wall. Camd. Britan. pag. 609. and Littleton, fol. 35. But by Stat. 12 Car. 2. cap. 24. All Tenures are turned into free and common Soccage.

Sir Edward Coke (on Littl. fol. 107.) says, Cornage is also called in old Books Horngeld, but quaere, for they seem to differ much. See Horngeld, and 2 Inst. fol. 9.

Corner-Tile. See Gutter-Tile.

Corody or Corrody (Corrodium, from Corrodo) Signifies a sum of Money or allow∣ance of Meat, Drink, and Cloathing, due to the King from an Abbey, or other House of

Religion, whereof he is Founder, towards the reasonable sustenance of such a one of his servants, or vadelets, as he thinks good to bestow it on: The difference between a Corody and a Pension, seems to be, That a Corody is allowed towards the maintenance of any of the Kings servants in an Abbey; a Pension is given to one of the Kings Chaplains for his better maintenance, till he may be provided of a Benefice. Of both these, read Fitzh. Nat. Br. fol. 250. who sets down all the Corodies and Pensions certain, that any Abbey, when they stood, was bound to perform to the King.

Corody seems to be ancient in our Law; for in Westm. 2. cap. 25. it is ordained, that an Assisc shall lie for a Corody. It is also apparent by the Stat. 34 & 35 Hen. 8. cap. 26. That Corodies belonged sometimes to Bishops and Noblemen from Monasteries. Tenure in Frankalmoin was a discharge of all Corodies in it self. Stat. 1 Edw. 3. cap. 10. See 2 Part. Inst. fol. 630.

SCiant—quod nos Radulphus Abbas Mona∣sterii S. Johannis de Haghmon & ejusdem loci Conventus, ad instanciam & speciale roga∣tum excellentissimi & reverendissimi Domini no∣stri Thomae Comitis Arundeliae & Surreiae, De∣dimus—Roberto Lee unum Corrodium pro ter∣mino vitae suae, essendo cum Abbate Monasterii praedicti Armigerum, cum uno Garcione & duobus equis; capiendo ibidem esculenta & po∣culenta sufficientia pro scipso, sicut Armigeri Ab∣batis, qui pro tempore fuerint, capiunt & perci∣piunt; & pro Garcione suo, sicut Garciones Ab∣batis & Armigerorum suorum capiunt & perci∣piunt; capiendo etiam pro equis suis foenum & praebendam—Et quod idem Robertus habeat vesturam Armigerorum, &c. Dat. 3 Hen. 5. Mon. Angl. 2 par. fol. 933. a.

Corodio Habendo, Is a Writ, whereby to exact a Corody of an Abbey, or Religious. House. See Reg. of Writs, fol. 264.

Coronatore Eligendo, Is a Writ, which, after the death or discharge of any Coroner, is directed to the Sheriff out of the Chancery, to call together the Freeholders of the County, for the choice of a new Coroner, to certifie into Chancery, both the election, and the name of the party elected, and to give him his Oath. See Westm. 1. cap. 10. Fitzh. Nat. Br. fol. 163. and Reg. of Writs, fol. 177.

Coroner (Coronator a Corona) Is an ancient Officer of this Land (for mention is made of his Office in King Athelstans Charter to Bever∣ley, Anno 925.) and is so called, because he deals wholly for the King and Crown. There are four of them commonly in every County, in some fewer, and in some Counties but one; they are chosen by the Freeholders of the same by the Kings Writ, and not made by Letters Patent. Crompt. Jurisd. fol. 126. This Officer, by the Statute of Westm. 1. cap. 10. ought to be a sufficient person, that is, the most wise and discreet Knight, that best would, and might attend upon such an Office, yea, there is a Writ in the Register, Nisi sit Miles, fol. 177. b. whereby it appears. it was sufficient cause to remove a Coroner chosen, if he were not a Knight, and had not a hundred shillings Rent of Freehold. The Lord Cheif Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person, i. wheresoever he abodes, Lib. Assisarum, fol. 49. Coke, lib. 4. Case of Wardens, &c. of the Sadlers, fol. 57. b. His Office especially concerns the Pleas of the Crown: But what anciently belonged to him, read at large in Bracton, lib. 3. tract. 2. cap. 5, 6, 7 & 8. Britton. cap. 1. Fleta, lib. 1. cap. 18. and Horns Mirror, lib. 1. cap. del Office del Coroners. But more aptly for the present times. Stamf. Pl. Cor. lib. 1. cap. 51.

There are also certain special Coroners within divers Liberties, as well as these ordinary Officers in every County; as the Coroner of the Verge, which is a certain compass about the Kings Court, whom Cromp. in his Jurisd. fol. 102. calls the Coroner of the Kings House; of whose Authority, see Cokes Rep. lib. 4. fol. 46. By certain Charters belonging to some Col∣ledges and Corporations, they are licensed to appoint their Coroner within their own Pre∣cincts. Of this Office, see also 4 Inst fol. 271. Smith de Rep. Angl. lib. 2. cap. 21. And Lamb. Eiren. lib. 4. cap. 3. pag. 380. And of the Coro∣ners Office in Scotland, read Skene, verbo, Iter.

Corporal Oath. See Oath.

Corporation (Corporatio) A Body Politick, or a Body Incorporate; so called, because the persons are made into a Body, and of capacity to take, and grant, &c. And this Body Politick or Incorporate, may commence, and be esta∣blished three manner of ways, viz. By Prescrip∣tion, by Letters Patent, or by Act of Parlia∣ment. Every Body Politick or Corporate, is either Ecclesiastical, or Lay: Ecclesiastical, ei∣ther Regular, as Abbots, Priors, &c. or Secu∣lar, as Bishops, Deans, Arch-Deacons, Parsons, Vicars, &c. Lay, as Major, Commonalty, Bailiffs, and Burgesses, &c. Also every Body Politick or Corporate, is either Elective, Pre∣sentative, Collative, or Donative. And again, it is either sole or aggregate of many, which last is by the Civilians called Collegium or Uni∣versitas. Coke on Littl. fol. 250. and 3 Inst. fol. 202.

Corpus Christi day, (being always on the next Thursday after Trinity Sunday) Is a Feast instituted by the Church, in honor of the Blessed Sacrament: To which also, a College in Ox∣ford is dedicated. It is mentioned in 32 Hen. 8. cap. 21. By which Statute, Trinity Term is ap∣pointed for ever to begin the Friday next after this Feast.

Corpus cum Causa, Is a Writ, issuing out of the Chancery, to remove both the Body and Record, touching the Cause of any Man lying in Execution, upon a Judgment for Debt, into the Kings Bench, &c. There to lie till he have satisfied the Judgment. Fitz. Nat. Br. fol. 251. E.

Corrector of the Staple, Is an Officer or Clerk belonging to the Staple, who Writes and Records the Bargains of Merchants there made. Anno 27 Edw. 3. Stat. 2. cap. 22. & 23. The Romans called them Mersarios.

Corrody. See Corody.

Corruption of Blood (Corruptio Sanguinis) Is an Infection growing to the State of a Man (attainted of Felony or Treason) and to his Issue: For, as he loseth all to the Prince, or other Lord of the Fee, as his case is; so his issue cannot be heirs to him, or to any other Ancestor by him. And, if he were Noble, or a Gentleman before, he and his children are thereby ignobled and ungentiled. But, if the King pardon the offender, it will cleanse the corruption of Blood in those Children, which are born after the Pardon, and they may in∣herit the Land of their Ancestor, purchased at the time of the pardon, or afterward; but so cannot they, who were born before the pardon. Yet note, there are divers offences made Trea∣son by Act of Parliament, whereof, though a Man be Attaint, yet his Blood, by Provisoes therein, is not corrupt, nor shall he forfeit any thing, but what he hath for his own life; for which, see the several Statutes of 5 Eliz. cap. 1, 11 & 14.—18 Eliz. cap. 1.—31 Eliz. cap. 4. and 1 Jac. cap. 12.

Corselet (Fr.) Signifies a little Body, in Latin Corpusculum. It is used with us for an Armor to cover the whole Body, or Trunck of a Man (Anno 4 & 5 Phil. & Ma. cap. 2.) where∣with the Pikemen, commonly placed in the Front and Flanks of the Battle, are armed, for better resistance of the enemies assaults, and surer guard of the Gunners, placed behinde, or within them. See Barrets Discourse of War. Lib. 3. Dial. 2.

Cosenage (Fr. Cousinage, i. Kinred, Cosin∣ship) Is a Writ that lies, where the Tresail (that is, Tritavus, the Father of the Besail, or Great Grand-father) being seised in Fee, at his death of certain Lands or Tenements, and dies; a stranger enters and abates, then shall his heir have this Writ of Cosenage. The form whereof, see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large, cap. 89.

Cosening, Is an offence, whereby any thing is done deceitfully in or out of Contracts, which cannot be fitly termed by any especial name. West, pa. 2. Symb. lit. Indictments, Sect. 68. It is called Stellionatus in the Civil Law.

Corsepresent (from the Fr. Corps presenté, i. the Body presented) Signifies a Mortuary, Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed, seems to be, That where a Mortuary, after any Mans Death, became due, the Body of the best or second Beast, was, ac∣cording to the Custom, offered or presented to the Priest, and carried along with the Corps.

In nomine Patris & Filii & Spiritus sancti. Ego Brianus de Brompton Sen. Anno Domini MCCLXII. in vigilia Apostorum Simonis & Judae condo Testamentum meum. Volo corpus meum se∣peliri in Prioratu Majoris Malverniae inter Prae∣decessores meos, & cum corpore meo Palefridum meum, cum hernesio & Equum summarium, cum lecto meo, &c. In codice M. S. penes Gul. Dug∣dale, Arm.

Cot, Is a kinde of Refuse Wool; so clung or clotted together, that it cannot be pulled a sunder. Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided, That neither Denizen, nor Foreiner, make any other refuse of Wools, but Cot, Gare, and Villein. Cot or Cote, sig∣nifies also as much as Cotage in many places, and was so used by the Saxons, according to Ver∣stegan.

Cotland alias Cotsetbland. Lib. Rames. Sect. 265.—Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Bene∣dicto idem Hugo tenebat, unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe & unum Maignagium in foro ejusdem villa—Coth∣sethlandam hic intelligo Cotae sedem & praedii quidpiam ad eandem pertinens. Spelman.—De una Cothlanda terrae in Wathford. Pat. 9 Edw: 2. par. 2. m. 2.

Cotage (Cotagium & Chota, from the Sax. Cote) Is a House without Land belonging to it. Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages, are called Cotagers. But by a later Statute of 31 Eliz. cap. 7. No Man may build a House, but he must lay four Acres of Land to it; so that a Cotage is properly any little House newly built, that hath not four Acres of Land belonging to it.—Dedit Cho∣tam, & quendam campum junctum huic Chotae. Mon. Angl. 1 par. fol. 201. b.

Cottarius, A Cotager.

Coucher, Signifies a Factor, that continues in some place or Countrey for Traffick; as formerly in Gascoign, for buying Wines. Anno 37 Edw. 3. cap. 16. It is also used for the General Book, in which, any Religious House or Corporation Register their particular Acts. Anno 3 & 4 Edw. 6. cap. 10.

Covenable (Fr. Convenable) Fit, conve∣nient, or suitable.—That every of the same thrée sorts of Fish, be good and covenable, as in old time hath béen used. 31 Edw. 3. Stat. 3. cap. 2. Plowden, fol. 472. a.

Covenant (Conventio) Is the Consent or Agreement of two or more in one thing, to do or perform somewhat. West, par. 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum, with the Civilians. Covenant is either in Law, or in Fact. Coke, lib. 4. Nokes Case, fol. 80. Or Covenant Express, and Cove∣nant in Law. Idem, lib. 6. fol. 17. Covenant in Law, is that which the Law intends to be made, though it be not expressed in words: As if the Lessor demise and grant B. Acre to the Lessee for a certain term, the Law intends a Covenant on the Lessors part, that the Lessee shall, during the term, quietly enjoy his Lease against all lawful incumbrance. Covenant in Fact, is that which is expresly agreed between the parties. There is also a Covenant meerly per∣sonal,

and a Covenant real. Fitz. Nat. Br. fol. 145. who seems to say, a Covenant real is that, whereby a Man ties himself to pass a thing real, as Land or Tenements; or to levy a Fine of Land, &c. Covenant meerly personal is, where a Man Covenants with another by Deed, to build him a House, or any other thing, or to serve him, &c. See Conventio.

Covenant is also the name of a Writ, for which see Conventione, and New Book of En∣tries, verbo Covenant.

NOverint omnes praesentes scriptum Cyrogra∣phatum visur. vel auditur. quod xviii die April. Temporis gratiae MCCLX, ita convenit inter nos Hugonem de Okelesthorp & Adam silium Ade de Thowes, generum ejusdem Hugo∣nis, sc. quod ego Adam non dabo, impignorabo, vendam, nec alienabo aliquam partem tenementi mei de quo fui vestitus & saisitus praedicto die, nec tenementi mihi contingentis nomine baereditatis, sine voluntate & assensu praedicti Hugonis vel haeredum suorum, Et quod amabiliter tractabo uxorem meam, filiam praedicti Hugonis; Et nisi fecero, ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fu∣crit, secundum or dinationem dicti Hugonis. Omnia autem praescripta fideliter & sine fraude obser∣vanda pro me & haeredibus meis, tactis sacrosanctis, juravi & affidavi; Et ne istud alicui hominum vertatur in dubium, nos praedicti Hugo & Adam sigilla nostra partium hiis mutuis scriptis apposui∣mus. Hiis testibus, Stephano Sperry, tunc Cyro∣graphar. Civitatis Ebor. Daniele de Tottie Cle∣rico, Ricardo de Waleys de Acculum, Ade de Northfolch, Thomâ Edwyn Allutario de Ebor. & aliis. Ex M. S. penes Gul. Dugdale, Ar.

Covenant (Foedus) The late Solemn League and Covenant, first hatch'd in Scotland, was a Seditious Conspiracy, too well known to need any Explication; it was Voted Illegal and Irreligious by Parliament in May, 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm, against the known Laws and Liberties of the same.

Covent or Convent (Conventus) Signifies the Society or Fraternity of an Abby or Prio∣ry; as Societas does the number of Fellows in a College. Bracton, lib. 2. cap. 35.

Coverture (Fr.) Any thing that covers, as Apparel, a Coverlet; but it is particularly applied to the state and condition of a married Woman, who by our Law is Sub potestate viri, and therefore disabled to contract with any, to the prejudice of her self or husband, without his consent and privity, or, at least, without his allowance and confirmation. Broke, hoc ti∣tulo. Omnia quae sunt uxoris, sunt ipsius viri. Vir est caput mulieris. Sine viro respondere non potest. Bracton, lib. 2. cap. 15. & lib. 4. cap. 24. And if the husband alien the wifes Land, during the Coverture, she cannot gainsay it, during his life. See Cui ante divortium, and Cui in vita.

Covine (Covina) Is a deceitful Compact or Agreement between two or more, to preju∣dice a third person. As if Tenant for Life conspires with another, that this other shall re∣cover the Land which the Tenant holds, in prejudice of him in Reversion. Plow. Com. fol. 546.

Count (Fr. Conte) Signifies the original Declaration in a Real Action; as Declaration is, in a personal. Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both. Yet Count and Declaration are sometimes confound∣ed, as Count in Debt. Kitchin, fol. 281. Count or Declaration in Appeal. Pl. Cor. fol. 78. Count in Trespass. Britton, cap. 26. See Declaration.

Countée (Fr. Comte. A Comitando, be∣cause they accompany the King) Was, next to the Duke, the most eminent Dignity of a Sub∣ject, before, as well as since, the Conquest; and those, who in ancient time, were created Coun∣tees, were Men of great Estate and Dignity: For which cause, the Law gives them great priviledges; as, their persons may not be ar∣rested for Debt, Trespass, &c. (because the Law intends, that they assist the King with their Council for the Publick Good, and preserve the Realm by their Prowess and Valor;) they may not be put upon Juries. If issue be taken, whether the Plaintiff or Defendant be a Coun∣tee, or not, This shall not be tried by the Countrey, but by the Kings Writ. Also the Defendant shall not have a day of Grace against a Lord of the Parliament, because it is in∣tended he attends the Publick. And of old the Countee was Praefectus, or Praepositus Comi∣tatus, and had the charge and custody of the County, whose Authority the Sheriff now hath. Coke, lib. 9. fol. 49. And is therefore called Viscount. See Earl.

Countenance, Seems to be used for credit or estimation. Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words, Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance. See Contenement.

Counter (from the Lat. Computare) Is the name of two Prisons in London, the Poultry Counter, and Woodstreet Counter; whereinto if any enter, he is like to account ere he get thence.

Counter-mand, Is where a thing formerly executed, is afterward, by some Act or Cere∣mony, made void, by the party that first did it. As, if a Man makes his last Will, and de∣vises his Land to I. S. and afterward enfeoffs another of the same Land, here this Feoff∣ment is a Countermand to the Will, and the Will void, as to the disposition of the Land.

Counter-plée, Signifies a Replication to Ayde Prier; For, when Tenant by curtesie in Dower, or other Real. Action, prays the View or Aid of the King, or him in the Reversion, for his better defence; or else, if a stranger to the Action begun, desires to be received, to say what he can for the safegard of his Estate,

that which the Demandant alleageth against this request, why it should not be admitted, is called a Counter-plee. In which sence it is used, 25 Edw. 3. Stat. 3. cap. 7.

Counter-rols,—That Sheriffs shall have Counter-rols with the Coroners, as well of Appeals, as of Enquests, &c. Anno 3 Edw. 1. cap. 10.

Countors (Fr. Contours) Have been taken for such Serjeants at Law, as a Man retains to defend his cause, or speak for him in any Court for their Fee. Horns Mirror, lib. 2. cap. des Loy∣ers. And of whom thus Chaucer,

—A Sheriff had he béen, and a Contour, Was no where such a worthy Uavasour.

They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a.

County (Comitatus) Signifies the same with Shire; the one coming from the French, the other from the Saxons, both containing a circuit or portion of the Realm, into which the whole Land is divided, for the better Go∣vernment of it, and more easie Administration of Justice: So that there is no part of this Na∣tion that lies not within some County, and every County is governed by a yearly Officer, whom we call a Sheriff. Fortescu, cap. 24. Of these Counties, there are four of special mark, which therefore are termed Counties Palatines, As Lancaster, Chester, Durham, and Ely. Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke, and of Hexam, Anno 33 Hen. 8. cap. 10. (which last, did belong to the Archbishop of York.)—This Act, nor any thing therein contained, shall not extend to the County Palatine of Hexam, within the County of Northumberland, ne to the County Palatine of Ely, within the Coun∣ty of Cambridge, &c. But by the Stat. 14 E∣liz. cap. 15. this County Palatine of Hexham was stript of its Priviledge, and reduced to be a part of the County of Northumberland. The cheif Governors of these Counties Palatines, by special Charter from the King, did hereto∣fore send out all Writs in their own names, and did all things touching Justice, as absolutely as the Prince himself in other Counties, onely ac∣knowledging him their Superior and Soveraign. But by the Statute 27 Hen. 8. cap. 24. This power is much abridged, to which I refer the Reader; as also to Cromp. Jurisd. fol. 137. and 4 Instit. fol. 204, & 221.

Besides these Counties of both sorts, there are likewise unto some Cities, some Territory, or Lands, or Jurisdiction annexed, as the County of Middlesex, by King Henry the First, to the City of London. The County of the City of York, Anno 32 Hen. 8. cap. 13. Chester, Anno 43 Eliz. cap. 15. Canterbury, Lamb. Eiren. lib. 1. cap. 9. Norwich, Worcester, Coventry, Exe∣ter, &c. The County of the Town of King∣ston upon Hull, 32 Hen. 8. cap. 13. Newcastle upon Tine, &c. The County of the Town of Haverford West, 35 Hen. 8. cap. 16.

County is, in another signification, used for the County Court, which the Sheriff keeps every Moneth, either by himself or his Deputy. Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton, lib. 3. cap. 7. and lib. 3. tract. 2. cap. 12.

The word Comitatus, is also used for a Juris∣diction or Territory, among the Feudists.

County Court (Curia Comitatus) Is by Lambert otherwise called Conventus, and di∣vided into two sorts; one retaining the gene∣ral name, as, the County Court held every Moneth by the Sheriff, or his Deputy the Under-Sheriff. The other called the Turn, held twice every year; of both which, you may read in Cromp. Jurisd. fol. 231. This County Court had, in ancient times, the cognition of great matters, as may appear by Glanvile, lib. 1. cap. 2, 3, 4. by Bracton, and Britton in di∣vers places, and by Fleta, lib. 2. cap. 62. but was abridged by Magna Charta, cap. 17. and much by 1 Edw. 4. cap. unico. It had also, and hath the Determination of certain Trespasses and Debts under Forty shillings. Britton, cap. 27. & 28.

Counting-House of the Kings Houshold (Domus Computus Hospitii Regis) Commonly called the Green-Cloth, in respect of the Green∣cloth on the Table; where sit the Lord Ste∣ward, the Treasurer of the Kings House, the Comptroller, Master of the Houshold, Coffer∣er, and two Clerks Comptrollers; for daily taking the Accompts of all Expences of the Houshold, making provisions, and ordering payment for the same; for the good Govern∣ment of the Kings Houshold Servants, and for paying the Wages of those below Stairs. Vide 39 Eliz. cap. 7. and 4 Inst. fol. 131.

Courratier (Fr.) A Horse-courser. 2 Inst. fol. 719.

Coursitour. See Cursiter.

Court (Curia) Signifies the Kings Palace, or Mansion; and more especially the place where Justice is judicially administred, of which, you may finde Thirty two several sorts in Cromptons Jurisdictions well described; where∣of most are Courts of Record, some not, and therefore are accounted Base Courts, in com∣parison of the rest. Besides these, there are also Courts Christian. Smith de Rep. Angl. lib. 3. cap. 6. which are so called, because they handle matters especially appertaining to Chri∣stianity, and such as, without good knowledge in Divinity, cannot be well judged of, being held heretofore by Archbishops and Bishops, as from the Pope, because he challenged the superiority in all Causes Spiritual, but since his ejection, they hold them by the Kings Au∣thority, Virtute Magistratus sui, as the Admiral of England doth his Court: Whereupon they send out their Precepts, in their own names, and not in the Kings, as the Justices of the Kings Courts do. And therefore, as the Appeal from these Courts did lie to Rome, now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery.

Court Baron (Curia Baronis) Is a Court, which every Lord of a Mannor (who in ancient times were called Barons) hath within his own Precincts. Barons in other Nations, have great Territories and Jurisdiction from their Sove∣raigns. But here in England, what they are, and have been heretofore, see in Baron. Of this Court, and Court Leet, read Kitchin. Sir Edward Coke, lib. 4. among his Copihold Cases, fol. 26. b. says, That this Court is twofold after a sort; and therefore, if a Man, having a Mannor, grant the Inheritance of the Copi∣holders to another, the Grantee may keep a Court for the Customary Tenants, and accept Surrenders to the use of others, and make both Admittances and Grants; the other Court is of Freeholders, which is properly called the Court Baron, wherein the suters, that is, the Free∣holders are Judges; whereas of the other, the Lord or his Steward, is Judge.

Court of Py-powders. See Py-Powders.

Court of Requests (Curia Requisitionum) Was a Court of Equity, of the same nature with the Chancery, but inferior to it; princi∣pally instituted for the relief of such Petition∣ers, as in conscionable Cases, addressed them∣selves by Supplication to His Majesty. Of this Court, the Lord Privy Seal was chief Judge, assisted by the Masters of Requests, and had be∣ginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject. Mich. 40 & 41 Eliz. in the Court of Common Pleas, it was adjudged upon solemn Argument, That this Court of Requests, or the Whitehal, was no Court that had power of Judicature, &c. See 4 Part. Inst. fol. 97.

Court of the Legat, Was a Court ob∣tained by Cardinal Woolsey, of Pope Leo the Tenth, in the Ninth year of Henry the Eighth, wherein he had power to prove Wills, and dis∣pence with Offences against the Spiritual Laws, &c. And was but of short continuance.

Court Christian (Curia Christianitatis) So called, because, as in the Secular Courts, the Kings Laws do sway, and decide Causes; so in Ecclesiastical Courts, the Laws of Christ should rule and direct; for which Cause, the Judges in those Courts are Divines, as, Archbishops, Bishops, Arch-Deacons, &c. Linwoods words are these. In Curia Christianitatis, i. Ecclesiae, in qua servantur Leges Christi, cum tamen in foro regio serventur Leges mundi. 2 Part. Inst. fol. 488. See before in Court.

Court of Delegates. See Delegates.

Court of Chivalry (Curia Militaris) Other∣wise called the Marshal Court; the Judges, of it, are the Lord Constable of England, and the Earl Marshal of England: This Court is the Fountain of the Marshal Law, and the Earl Marshal, is both one of the Judges, and to see execution done. See Constable, and 4 Part. Instit. fol. 123.

JEhan, filz, frere, & uncle au Roys, Duc de Bedford, & d'Anjou, Conte Richemond & de Kendal, & Conestable d'Angleterre, a nostre treschere Cousin Jehan Due de Norfolk, Mare∣shal d'Angleterre salus. Nous vous mandons & chargeons qui vous facez arrestre & venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint Hillaire prochain venant William Clopton du Counte de Suffolke Esquier, pour adunques respondre devant nous ou nostre Lieutenant, en la Cour de Chivalrie, a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes, ad & appose le Seel de ces Armes a un faux & forge fait, as domages du dit Robert de Cl. & plus a ce quil dit Remandantz par d'evers nous a dit jour, ove icest nostre mandement, tout ce que vous en aurez faitz. Donne soubz le seel du nostre Office le xxiii. jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme.

Courtilage. See Curtilage.

Couthutlaugh (Sax. Couch, sciens, & Utlaugh, exlex) Is he that willingly receives a Man out-lawed, and cherishes or conceals him. In which case, he was, in ancient time, subject to the same punishment that the Outlaw himself was. Bracton, lib. 3. tract. 2. cap. 13. num. 2.

Cranage (Cranagium) Is a liberty to use a Crane for drawing up Wares from the Vessels, at any Creek of the Sea, or Wharff, unto the Land, and to make profit of it. It signifies also the Money paid and taken for the same. New Book of Entries, fol. 3.

Crastino Sancti Uincentii (i. the mor∣row after the Feast of St. Vincent the Martyr, which is 22 Januarii) Is the date of the Sta∣tutes made at Merton, Anno 20 Hen. 3.

Cravent or Craven. In a tryal by Battel, upon a Writ of Right, the ancient Law was, That the Victory should be proclaimed, and the vanquished acknowledge his fault, in the audience of the people, or pronounce the hor∣rid word Cravant, in the name of Recreantise, &c. and presently Judgment was to be given, and after this, the Recreant should Amittere liberam legem, that is, He should become infa∣mous, &c. See 2 Part. Instit. fol. 247, 248. We retain the word still for a Coward. If the Ap∣pellant joyn Battel, and cry Craven, he shall lose liberain legem; but if the Appellee cry Cra∣ven, he shall be hanged 3 Inst. fol. 221.

Crayer. Seems to be a kinde of small Sea-Vessel or Ship, mentioned in the Stat. 14 Car. 2. cap. 27.

Creansor (Creditor, of the Fr. Coyance, persuasio) Signifies him that trusts another with any debt, be it in Money or Wares. Old Nat. Br. fol. 67. Anno ••8 Edw. 3. cap. 5.

Creast-tile. See Roof-tile.

Créek (Creca) Seems to be a part of a Ha∣ven, where any thing is landed from the Sea. So that when you are out of the main Sea with∣in the Haven, look how many Landing places you have, so many Creeks may be said to be∣long to that Haven. See Cromp. Jurisd. fol. 110. a. This word is mentioned in the Stat.

2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow. Casu, Ronyger & Fo∣gassa.

Crocards, A sort of Money. See Pol∣lards.

Croft (Sax) Croftus & Crofta, A little Close or Pitle, enclosed near a Dwelling House, for any particular use. Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus, pro se & hominibus, sive tenentibus suis, inclu∣dere Crof••os, sive pratum juxia pontem separa∣litèr quantum illis placuerit. Ingulf. In some ancient Deeds Crufta occurs, as the Latin word for a Croft; but Cum Toftis & Croftis, is most frequent.

Crosses (Cruce signati) Are used by Brit∣ton (cap. 122.) for Pilgrims, because they wear the sign of the Cross upon their Garments. Of these, and their Priviledges, read Bracton, lib. 5. p••. 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy, cap. 49. Under this word, are also signified the Knights of S. John of Jerusalem, created for the de••ence of Pil∣grims; and all those worthy Men of the No∣bility and Gentry of England, who in the Reigns of King Henry the Second, Richard the First, Henry the Third, and Edward the First, were Cruce signati, as dedicating and listing themselves to the Wars, for the recovery of Jerusalem, and the Holy Land. Greg. Syntag. lib. 1••. cap. 13 & 14.

Euekingstool or Cokestool (Tumbrella) Is an Engin invented for the punishment of Scolds and unquiet Women, by Ducking them in the Water, called in ancient time a Tumbrel. Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella. Kitchin, (cap. Charge in Court Leet, fol. 13. a.) says, Every one having view of Frank-pledge, ought to have a Pillory, and a Tumbrel. This was in use even in our Saxons time, by whom it was called S••eal 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and described to be Cathedra, in qua rixosae mu∣lieres sedentes, aquis demergebantur: And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws, who were thereupon, in such a Stool or Chair, to be duck∣ed and immerged in Stercore, some muddy or stinking Pond.

Cudutlaugh. See Couthutlaugh.

Cut antè divortium, Is a Writ, which a Woman, divorced from her Husband, hath to recover Lands or Tenements from him, to whom her Husband did alienate them during the marriage, because, during the marrige, she could not gainsay it. Reg. of Writs, fol. 233. Fit••. Nat. Br. fol. 204.

Cui in vita, Is a Writ of Entry, which a Widow hath against him, to whom her Husband alienated her Lands or Tenements in his life time, which must specifie, that During his life, she could not withstand it. Reg. of Writs, fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries, verbo, Cui in vita.

Culagium, Is when a Ship is laid in the Dock to be repaired. M. S. Arth. Trevor, Arm. de Plac. Edw. 3.

Culvertage, (Culvertaginm, from Culum & vertere, to turn tail.) Omnes cum equis & armis jussit sub nomine Culvertagii convenire. Matth. Paris, fol. 233. That is, under the penalty of Cowardise, or being accounted Cowards. See Gloss. in x. Scriptores.

Cunage (Cunagium)—De Cunagio Stan∣neriae, & de emptione totius Stanni in Com. De∣von. & Cornub. Rot. Pat. 21 Edw. 3. See Coinage.

Cuneus, A Mint or place to Coyn Money in. Mandatum est Reginaldo de Cornhil, &c. Sciatis quod concessimus venerabili Patri nostro Cicestr. Fpiscopo, quod habeat Cuneum suum in Civitate Cicestriae, & quod currat donec nostri in eadem civitate currant, & tunc una cum illis currat. Et ideo vobis praecipimus, quod ei, vel certo nuncio suo Cuneum illum habere sine di∣latione faciatis. 〈◊〉〈◊〉. 29 Apr. Claus. 6 Joh. m. 3.

Cuntey-Cuntey, Is a kinde of tryal, as appears by Bracton, in these words, Negotium in hoc casu terminabitur per Cuntey-Cuntey, si∣cut inter Cohaeredes.—And, In brevi de recto ne∣gotium terminabitur per Cuntey-Cuntey, which seems to be as much as the Ordinary Jury. Bracton, lib. 4. tract. 3. cap. 18.

Curfeu (Ignitegium) of the Fr. Couvrir feu, i. Cover the Fire) Signifies an Evening Peal, by which the Conqueror commanded every Man to take warning, for raking up his fire, and put∣ting out his light: So that in many places at this day, where a Bell is customably rung to∣wards Bed-time, it is said to ring Curfeu. Hil. 3 Rich. 2. Coram Rege, Rot. 8. London.

Curia. See Court.

Curia advisare vult, Is a Deliberation which the Court sometimes takes, before they give Judgment in a Cause, wherein there seems to be any point of difficulty; for which, see the New Book of Entries on this word.

Curia claudenda, Is a Writ that lies against him, who should fence and enclose his ground, if he refuse or defer to do it. Reg. of Writs, fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries, verbo Curia claudenda.

Curia Penticiarum. Id est, Curia in civi∣tate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis. Pl. in Itin. apud Cestriam, 14 Hen. 7. It is probable this Court was originally held under a Pentice, or Shed covered with Bords, and thence took denomi∣nation.

Curnock, Is four Bushels, or half a Quarter of Corn. Fleta, lib. 2. cap. 12.

Cursitors (Clerici de cursu) Of these there are in the Chancery twenty, who make out ori∣ginal Writs, and are a Corporation of them∣selves, and to every Clerk are appointed cer∣tain Counties. 2 Inst. fol. 670.

Curtesie of England, (Jus Curialitatis An∣gliae) Is where a Man takes a Wife, seised of Land in Fee-simple, Fee-tail general, or as Heir in Tail special, and hath issue by her, Male or Female, born alive; if the Wife die, the Husband shall hold the Land, during his

life, by the Law of England, And he is called Tenant by the Curtesie of England; because this Priviledge is not allowed in any other Realm, except in Scotland, where it is called Curialitas Scotiae. See more upon this word in the Terms of the Law.

Curteyn (Curtana) Was the name of King Edward the Confessors Sword, which is the first Sword that is carried before the Kings of England, at their Coronation. Matth. Paris in Hen. 3. And it is said, the point of it is broken, which may argue an emblem of Mercy.

Curtilage (Curtilagium) Hortus olitorius, vel ubi olera leguntur. A Gardin; Yard, Back∣side, or (as they call it in Herefordshire) a Fold. Persoluat (decimam) Lactis, hortorum, Curtila∣giorum, Lanae, &c. Provinciale Angl. lib. 3. tit. de Decimis.—Et si in Curtilagio alicujus bla∣dum seminaretur, decimam garbam illius bladi, sicut in campis percipiet. Inq. 36 Hen. 3. Mihi dici videtur Curtilagium (says Spelman) à Cur∣tillum & ago, scil. locus ubi curtis vel curtilli ne∣gotium agitur. It is mentioned Anno 4 Edw. 1. cap. unico. Anno 35 Hen. 8. cap 4. and 39 E∣liz. cap. 2. See Coke, vol. 6. fol 64. a. and Bul∣strodes Rep. 2 par. fol. 113.

Custode admittendo, & Custode amo∣vendo, Are Writs for the admitting or re∣moving of Guardians. Reg. of Writs, in in∣dice.

Custodes libertatis Angliae Authoritate Parliamenti, Was the stile or title in which Writs, and other Judicial Proceedings did run, in the Rump time, that is, from the De∣collation of King Charles the First, till the Vsurper Oliver was declared Protector, &c. men∣tioned in the Statute of 12 Car. 2. cap. 3.

Custom (Consuetudo) hath the same signi∣fication with us, as with the Civilians, being by both accounted a part of the Law. Consuctudo quandoque pro lege servatur (saith Bracton) in partibus uhi fuerit more utentium approbata; longavi enim temporis usus & consuetudinis non est vilis authoritas. Lib. 1. cap. 3. Custom is a Law or Right not written, which being established by long use, and the consent of our Ancestors, and those of our Kinred, that are Ultra Tritavum, hath been and daily is practised. So that allowing the Father to be so much older then his Son, as pubertas, or the years of generation require, the Grand-father so much elder then him, and so forth usque ad tritavum, we cannot say this or that is a Custom, except we can justifie, it hath continued so one hundred years: For tritavus must be so much elder then the party that pleads it; yet, be∣cause that is hard to prove, it is enough for the proof of a Custom, if two or more wit∣nesses can depose they heard their Fathers say, it was a Custom all their time, and that their Fathers heard their Fathers also say, it was so in their time. If it be to be proved by Re∣cord, the continuance of one hundred years will suffice. Sir Jo. Davies Rep. in Praef. & fol. 32.

Custom is either general or particular: Ge∣neral is that which is currant through England, whereof you shall read divers in Doctor and Student, lib. 1. cap. 7. Particular, is that which belongs to this or that Lordship, City, or Town.

Custom differs from Prescription, that being common to more; Prescription, for the most part, particular to this or that Man. Again, Prescription may be for a far shorter time, than Custom, viz. for five years or less. Out of our Statute you may have greater diversity, which see collected in Cowels Institutes, tit. de usucap. & longi temp. praescript.

Custom is also used for the Tribute or Toll (called Tonnage and Poundage) which Merchants pay to the King for carrying out, and bringing in Merchandise. Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signifi∣cation it is Latined, Custuma. Reg. of Writs, fol. 138. a. and 4 Inst. fol. 29. And lastly, for such services, as Tenants of a Mannor ow to their Lord.

Custom-house, Is a House in London, where the Kings Customs are received, and the whole business, relating thereunto, transacted. Anno 12 Car. 2. cap. 4.

Customary Tenants (Tenentes per consuc∣tudinem) Are such Tenants as hold by the Custom of the Mannor, as their special Evi∣dence. See Copihold.

Custos brevium, Is an Officer belonging to the Court of Common Pleas, and made by the Kings Letters Patent, whose Office is to receive and keep all the Writs retornable in that Court, and put them upon Files, every return by it self, and to receive of the Proto∣notaries all the Records of Nisi Prius, called the Postea's. For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary, who entered the Issue in that mat∣ter, to enter the Judgment. And four days after the return thereof, (which is allowed to speak in Arrest of Judgment) the Protonotary enters the Verdict and Judgment, thereupon into the Rolls of the Court, and afterwards delivers them over to the Custos Brevium, who binds them into a bundle, and makes entry also of the Writs of Covenant, and the Con∣cord upon every Fine; and maketh forth Exem∣plifications and Copies of all Writs and Re∣cords in his Office, and of all Fines lovied. The Fines after they are engrossed are thus di∣vided between the Custos brevium, and the Chirographer; this always keeps the Writ of Covenant, and the Note; the other keeps the Concord, and the Foot of the Fine, upon which Foot, the Chirographer causeth the Pro∣clamations to be endorsed, when they are pro∣claimed. In the Court of Kings Bench there is likewise a Custos brevium & Rotulorum, who fileth such Writs as are there used to be filed, and all Warrants of Attorney, and transcribeth or maketh out the Records of Nisi Prius, &c.

Custos placitorum Coronae (Bracton, lib. 2. cap. 5.) Seems to be all one with him, whom

we now call Custos Rotulorum.) Of which, I finde mention in the Writ De Odio & atia. Reg. of Writs, fol. 133. b.

Custos Rotulorum, Is he, who hath the custody of the Rolls or Records of the Sessions of Peace, and of the Commission of the Peace it self. He is always a Justice of Peace and Quorum, in the County, where he hath his Office; and by his Office, he is rather termed an Officer or Minister, then a Judge; because the Commission of the Peace, by express words, lays this special charge upon him, Quod ad dies & loca praedicta, Brevia, Praecepta, Processus & Indictamenta praedicta coram te & dictis sociis tuis venire facias. Lamb. Eiren. lib. 4. cap. 3. pag. 373. where you may read more touching this Office. Who shall appoint the Custos Rotu∣lorum in every County. See 37 Hen. 8. cap. 1. and 3 & 4 Edw. 6. cap. 1. 2 Inst. fol. 674.

Custos of the Spiritualties (oustos spiri∣tualitatis vel spiritualium) Is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Diocess, during the vacancy of the Sea; the appointment of whom, by the Canon Law, appertains to the Dean and Chapter. But with us in England, to the Archbishop of the Pro∣vince by Prescription. Howbeit, divers Deans and Chapters (if Gwin say true in his Preface to his Readings) challenge this by ancient Char∣ters from the Kings of this Land.

Cutter of the Talleys, Is an Officer in the Exchequer, that provides Wood for the Talleys, and cuts the sum paid upon them, and then casts the same into the Court, to be written upon.

Cyricsceat (Sax.) Vectigal Ecclesiae. Pri∣mitias seminum quisque ex eo dato Domicilio; in quo ipso natali die domini commoratur. Spelm. de Concil. vol. 1. fol. 125. See Churchesset.

D.

DAkir. According to the Stat. 51. Hen. 3. De Compositione ponderum & Mensura∣rum, A Last of Hides consists of Twenty Da∣kirs, and every Dakir of Ten Hides. But by 1 Jac. cap. 33. or Last of Hides or Skins is Twelve dozen. I have also read of a Dakir of Iron, but finde not its quantity.

Damage (Lat. Damnatio, Fr. Dommage) Signifies generally any hurt or hindrance, that a Man receives in his Estate, but particularly, a part of that the Jurors are to enquire of, when the Action (be it real or personal) passeth for the Plaintiff. For, after Verdict given of the principal cause, they are asked their Con∣sciences touching Costs (which are the charges of Sute, called by the Civilians Expensae litis) and Damages, which comprehend a recompence for what the Plaintiff or Demandant hath suffer∣ed, by means of the wrong done him by the the Defendant or Tenant. Coke on Littl. fol. 257.

Damage Cléer (Damna Clericorum) Is now assessed by the Tenth part in the Common Pleas, and the Twentieth part in the Kings Bench and Exchequer of all Damages, (exceed∣ing Five Marks) recovered either by Verdict, Confession, or Judgment of the Court, in all Actions upon the Case, Covenant, Trespass, Battery, False imprisonment, Dower, and all others, wherein the Damages are incertain, which the Plaintiff must pay to the Prothono∣tary or chief Officer of that Court, wherein they are recovered, before he shall have any Executi∣on for them. For example, If one lends another on his word, or note under hand, One hundred pound, or sells commodity to that value; the Lender or Seller is forced to sue in an Action of the Case, recovers, must pay Ten pound, if in the Common Pleas, and Five pound in the Kings Bench or Exchequer, (and so propor∣tionably for a greater or lesser sum) before he can have Execution. This was originally no other then a gratuity given the Prothonotaries, and their Clerks, for drawing special Writs and Pleadings, which afterwards grew to a cer∣tainty, and was not, as some have fancied, anciently, a Tenth part of the Damages re∣covered; For it doth appear by ancient Re∣cords, that it hath been at an incertain rate, sometimes a Sixth, and at other times a Third part. This, by Act of Parliament, 17 Car. 2. cap. 6. is taken away from and after the 29 of September, 1672. And till that time, and no lon∣ger, Damage Cleer shall be paid out of such Moneys onely, as shall be actually levied, or otherwise paid by the Defendants, and onely for the proportion of the Money which shall be so levied or paid, and no more, or other∣wise.

Damage Fesant (Fr. Dammage Faisant, i. Doing hurt or damage) As when a strangers Beasts are doing hurt, or spoil in the Grass, Corn, Woods, &c. of another Man, without his leave or licence. In which case, the party, whom they damage, may therefore take, di∣strain, and impound them, as well in the night as day. But in other cases, as for Rent, Ser∣vices, and such like, none may distrain in the night. Stat. De Districtione Scaccarii, Anno 51 Hen. 3.

Danegelt, Danegold, or Dane-geld (Gelt in Dutch signifies Money) Was a Tri∣bute laid upon our Ancestors of Two shillings for every Hide of Land, through the Realm by the Danes, who once mastered us, in regard (as they pretended) of clearing the Seas of Pyrats, which greatly annoyed our Coasts in those days. Camd. Britan. 83. Stow in his Annals, fol. 118. says, This Tribute came to 40000 l. per annum, and began in the time of King Etheldred, who, being much distressed by the continual invasion of the Danes, to pro∣cure his Peace, was compelled to charge his people with heavy payments. For first he gave them at five several payments 113000 l. and afterwards 48000 l. yearly, which was released by Edward the Confessor, according to Ingul∣phus,

fol. 510. a. Others say it continued till Hen. 1. or K. Stephen. See Hoveden par. post. Annal. fol. 344. a. Spelmans Glossarium, and Seldens Marc clausum, fol. 190.—Et sint quieti de Lene, Danegeld & Gaywitte, & de om∣nibus aliis consuetudinibus, &c. Carta Hen. 7. Ballivis & Burgens. Mountgomer.

Danelage. See Merchenlage.

Darrein, Is a Corruption from the French Dernier, i. Ultimus; and we use it in the same sence, as

Darrein Continuance. See Continu∣ance.

Darrein Presentment, (ultima Presenta∣tio.) See Assize of Darrein Presentment.

Datife, or Dative, (Dativus,) That may be given, or disposed of. Whether a Prior shall be Datife, and removable, or perpetu∣al, shall be tryed by the Ordinary. Anno 9 Rich. 2. ca. 4. Si Prior Datife & removeable suffer eschape, respondeat superior. 45 Ed. 3. 9, 10.

Day, (Dies,) Is sometimes used for the Day of Appearance in Court, either Originally, or upon Assignation; and, sometimes for the Returns of Writs. For example, Dayes in Bank are Dayes set down by Statute, or Order of the Court, when Writs shall be returned, or when the Party shall Appear upon the Writ served; for which, you may read the Statutes 51 Hen 3. ca. 1 & 2.—Marlb. ca. 12—52 Hen. 3. and the Statute de Anno Bissextili. 21 Hen. 3. and lastly, 32 Hen. 8. ca. 21. To be dismis∣sed without Day, is to be finally discharged the Court. He had a Day by the Roll; that is, he had a day of Appearance Assigned him. Kitchin, fol. 193 & 197. Day, Year, and Wast. See Year, Day, and Wast. And see Dies.

Deadly Feud, (Feuda & Faida,) Is a Profession of an Irreconcileable Enmity, till we are revenged even by the death of our Enemy. It is deduced from the German word (Feed,) which, as Hottoman, (in verbis Feudalibus) saith, Modo bellum, modo capitales inimicitias significat. It is used Anno 43 Eliz. ca. 13.

Dead Pledge, (mortuum vadium.) See Morgage.

De-afforested, That is discharged from being Forest; or, that is freed and exempted from the Forest-Laws. Anno 17 Car. 1. ca. 16.

Johannes Dei Gratia, &c Archiepiscopis, Episco∣pis, &c. Sciatis nos omnino Deafforestaise Fore∣stam de Brewood de omnibus quae ad Forestam & Forestarios pertinent. Quare volumus & firmiter praecipimus quod praedicta Foresta & homines in illa manentes & haeredes eorum sint Deafforestati imperpetuum, &c. Dat. apud Brug. 13 Martii Anno regni nostri 5.

Dean, (Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, decem,) Is an Ecclesiastical Magistrate, so called, because he presides over Ten Canons or Prebends at the least. We call him a Dean that is under the Bishop, and chief of the Chapter, ordinarily in a Cathedral Church; and, the rest of the So∣ciety or Corporation we call Capitulum, the Chapter. But, how diversly this word is used, read Lindwood, Tit. de Constitut. ca. 1. verbo, Decani Rurales; where Rural Deans are said to be certain persons that have Jurisdiction Ec∣clesiastical over other Ministers and Parishes neer adjoyning, assigned them by the Bishop and Arch-Deacon, being placed and displaced by them: Such are the Dean of Croiden in Surrey, Dean of Battel in Kent, &c.

As there are two Foundations of Cathedral Churches in England, the old and the new, (the new are those which Henry the Eighth upon Sup∣pression of Abbies transformed from Abbot, or Prior and Convent, to Dean and Chapter,) so are there two means of Creating these Deans: For, those of the Old Foundation were exalted to their Dignity much like Bishops; the King first sending out his Conge d'Eslire to the Chap∣ter, the Chapter then chusing, the King yielding His Royal Assent, and the Bishop Confirming him, and giving his Mandate to enstal him. Those of the New Foundation are by a shorter course Enstalled, by Vertue of the Kings Let∣ters-Patent, without either Election or Con∣firmation. This word is also applyed to di∣vers that are the chief of certain peculiar Churches or Chappels, as the Dean of the Kings Chappel, the Dean of the Arches, the Dean of St. Georges Chappel in Windsor, &c. Nec Collegio alicui praefecti, nec jurisdictione ulla donati, no∣mine tamen velut honoris gratia insignes, sayes Spelman.

De bene esse, Are three common Latin words, but their signification more mysteri∣ous, conceiv'd to be thus, To take or do any thing De bene esse, is to accept or allow it, as well done for present; but, when it comes to be more fully examin'd or try'd, to stand or fall, to be allowed or disallowed, according to the Merit or Well-being of the thing in its own nature; or (as we say) Valeat quantum valere potest: So in Chancery, upon motion to have one of the less-principal Defendants in a Case, examin'd as a Witness, the Court (not then throughly examining the justice of it, or not hearing what may be objected on the other side) often orders such a Defendant to be ex∣amined de bene esse. i. That his Depositi∣ons shall be allowed or suppressed at the Hear∣ing of the Cause, upon the full debate of the Mat∣ter, as the Court shall then think fit, but for the present they have a well-being, or conditional∣allowance. It is used in Langhams Caso. Croke 3 Part. fol. 68.

Debentur, Was by a Rum•• Act in 1649, ordained to be in the nature of a Bond or Bill, to charge the Common-wealth (forsooth) to pay the Souldier-Creditor, or his Assignes the Sum due upon Auditing the Account of his Ar∣rears. The Form of which Debentur, as then used, you may see in Scobels Rump-Acts Anno 1649, ca. 63. The word is also men∣tion'd in the Act of Oblivion, 12 Car. 2. ca. 8. Sect. 7. and is used in the Exchequer. See Auditor of the Receipts.

Debet & solet, Are Latin words, often used in our Law-Writers. In old Nat. Br. fol. 98. it is said, This Writ De secta molendini, be∣ing in the debet and solet, is a Writ of Right, &c. And again, fol. 69. A Writ of quod per∣mittat may be pleaded in the County before the Sheriff; and, it may be in the debet, and solet, or in the debet, without the solet, according as the Demandant claims. Wherefore note, that those Writs which are in this sort brought, have these words in them as Formal words, not to be omitted. And, according to the diver∣sity of the Case, both debet and solet are used, or debet alone; That is, if a man sue to reco∣ver any Right, whereof his Ancestor was dis∣seis'd by the Tenant or his Ancestor, then he useth only the word debet in his Writ; because solet is not fit by reason his Ancestor was dis∣seis'd and the Custom discontinued: but, if he sue for any thing that is now first of all de∣ny••d him, then he useth both these words; be∣cause his Ancestors before him, and he himself usually enjoyed the thing sued for, as sute to a Mill, or Common of Pasture, until this pre∣sent refusal of the Tenant. The like may be said of debet and detinet, as appears by the Reg. of Writs in the Writ De debito, fol. 140. a.

Debito, or De debito, Is a Writ which lies, where a Man ows another a Sum of Money by Obligation, or Bargain for any thing sold him, Fitz. Nat. Br. fo. 119. This Writ is made sometime in the detinet, and not in the debet, which properly falls out, where a Man owes an Annuity, or a certain quantity of Wheat, Bar∣ley, or such like, which he refuseth to pay, Old. Nat. Br. fo. 75. See Debet and solet.

Decem tales. See Tales.

Deceit, (Deceptio, dolus,) Is a Subtile, wily Shift, or Trick; whereunto may be drawn all manner of Craft, Subtilty, Guile, Fraud, Slight, Cunning, Covin, Collusion and Practise used to Deceave another Man by any Means; which hath no other more proper or particular Name then Deceit, or Offence. West, pa. 2. Symbol. tit. Inditements. Sect. 68. See Cosoning, and New Book of Entries, verbo Disceit.

Decenna, and Decenniers. See Deciners.

Decennary, (Decennaria,) The Limits or Compass of ten Friburghs. See Deciners.

Deceptione, Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another. (Fitz. Nat. Br. fol. 95.) And is either Original, or Judicial, as appears by Old Nat. Br. fol. 50. where you may read the use of both, to this effect; This Writ of Deceit, when it is Original, lies where deceit is used to a Man by another, by not sufficiently performing a Bargain or Promise, or by using some Guile, whereby he may be disinherited, or evil in∣treated, &c. And, when Judicial, it lies out of the Rolls of Record, as in the Case where scire facias is sent to the Sheriff, that he warn a man to be before the Justices at a certain day, and the Sheriff returns the Writ, served, whereas the Party was not warned, whereby he that sues the scire facias recovers; then the Party, who ought to have been warned, shall have the said Writ against the Sheriff. See Reg. of Writs, fol. 112. and Reg. Judicial in the Table, verbo, Deceptione.

Decies tantum, Is a Writ that lies against a Juror, who hath taken Money for giving his Verdict, called so of the effect; because it is to recover ten times so much as he took. It lies also against Embracers that procure such an Enquest. Anno 38 Ed. 3. ca. 13. Reg. of Writs, fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries, verbo, Decies tantum.

Decimation, (Decimatio,) the punishing every tenth Souldier by Lot was termed De∣cimatio Legionis: Also a tithing, or paying the tenth part. What Decimation was in the late Usurpers time, (1655,) is still in the Memory of many good Subjects of this Realm. See Tenths.

Decimis solbendis pro possessionibus ali∣enigenarum, Is a Writ or Letters Patent, yet extant in the Register, which lay against those that had farmed the Priors aliens Lands of the King, for the Rector of the Parish, to recover his Tyth of them. Reg. of Writs, fol. 179.

Deciners alias Decenniers, alias Dozi∣ners, (Decenarii, Decearchi,) Signifie, in the Ancient Monuments of our Law, such as were wont to have the oversight and check of the Friburghs, for Maintenance of the Kings Peace; And, the limits, or compass of their Jurisdicti∣on was call'd Decenna. Bracton lib. 3. Tract. 2. ca. 15. of whom you may also read Fleta, lib. 1. ca. 27. And Reg. of Writs, fol. 98. b. These seemed to have large Authority in the Saxons time, taking knowledge of Causes within their Circuit, and redressing Wrongs by way of Judgment, and compelling Men thereunto, as you may read in the Lawes of K. Edward the Confessor, published by Lambert, Numb. 32. In later times I find mention of them, as in Britton. ca. 12. who sayes, in the Kings Per∣son, (for so he Writes his whole Book,) We will, that all those who are 14 years old, shall make Oath, That they shall be sufficient and loy∣al to Us; and, neither be Felons, nor assenting to Felons: And, We will, That all Profess them∣selves to be of this or that Dozein, and make, or offer Surety of their Behaviour by these or those Doziners; except Religious Persons, Clerks, Knights eldest Sons, and Women. Yet, the same Author in his 29th Chap. sayes, all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn, except Earles, Prelates, Barons, Religious persons, and Women. Stamf. Pl. Cor. fol. 37. has these words; The like Law is, where the Dozeniers make Presentment, that a Felon is taken for Felony, and delivered to the Sheriff, &c. And, Kitchin, (fol. 33.) thus; Religious persons, Clerks; Knights, or Women, shall not be Deceniers.

A Dozein seems now to extend so far, as every Leet extends; because in Leets onely this Oath is Ministred by the Steward, and taken by

such as are twelve years old and upwards, dwel∣ling within the Precinct of the Leet where they are sworn. Fitz. Nat. Br. fol. 261. a. The par∣ticulars of this Oath, you may read in Bracton, lib. 3. tract. 2. cap. 1. num. 1. who sets down fif∣teen years for the age of those that are to be sworn to the Kings Peace, but afterwards names twelve years. See Inlaugh.

We may note out of the Premisses, a diver∣sity between the ancient and these modern times, in this Point of Law and Government, as well in the age of those who are to be sworn, as also that Decennier is not now used for the chief Man of a Dozein, but for him that is sworn to the Kings Peace; and lastly, That now there are no other Dozeins but Leets, and that no Man ordinarily gives other security for keeping the Kings Peace, but his own Oath, and that therefore no Man answers for anothers transgression, but every Man for himself. See Frank-pledge, and 2 Part. Inst. fol 73.

Declaration (Declaratio) Is properly the shewing forth, or laying down in writing the Cause of Action in any sute at Law, wherein the party supposes to have wrong. This, in an Action Real, is properly called a Count, which ought to contain Demonstration, Declaration, and Conclusion. In Demonstration, are con∣tained three things, viz. Who complains, against whom, and for what matter: In the Declaration there ought to be comprised, how, and in what manner the Action rose between the parties, when, what day, year, and place, and to whom the Action shall be given. And in the Conclusion he ought to aver and proffer to prove his sute, and shew the damage he hath sustained by the wrong done him. Terms de la Ley.

Decretals (Decretales) Are a Volume of the Canon Law, so called; or Books contain∣ing the Decrees of sundry Popes; or a Digesti∣on of the Canons of all the Councils that per∣tained to one Matter, under one Head.

Dedi (as if it be said in a Feoffment, I. S. hath Given, granted, &c.) It is a Warranty in Law to the Feoffee, and his Heirs. Coke on Littl. fol. 384. a.

Dedimus Potestatem (i. We have given power) Is a Writ whereby Commission is given to one or more private persons, for the speed∣ing of some Act appertaining to a Judge. The Civilians call it Delegationem. And it is granted most commonly upon suggestion, that the party, who is to do something before a Judge, or in a Court, is so weak, he cannot travel. It is used in divers Cases, as to take a Personal Answer to a Bill of Complaint in Chancery, to examine witnesses in a Cause depending in that Court; to levy a Fine, &c. West, part. 2. Sym∣bol. tit. Fines, sect. 112. and divers other, as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs, verbo, Dedimus Potesta∣tem.

Déed (Factum) Is an Instrument written in Parchment or Paper, consisting of three things, viz. Writing, Sealing, and Delivery, and com∣prehending a Contract or Bargain between party and party: Of which, there are two sorts, Deeds Indented, and Deeds Poll; which names arise, from the form or fashion of them, the one being cut in and out in the top or side, which we call Indented, the other being plain. A Deed Indented, is a Deed consisting of two parts, or more (for there are Tripartite and Quadripartite Deeds) in which it is expressed, That the parties thereto, have to every part thereof interchangably set their several Seals. The cause of their Indenting is, that it may appear they belong to one business or contract. A Deed Poll or polled (anciently called Charta de una parte) is a plain Deed without Indent∣ing; as if we should say, The Indenting is polled or cut off; and is used, when the Vendor for example onely Seals, and there is no need of the Vendees sealing a Counterpart, by rea∣son the nature of the Contract is such, as it requires no Covenant from the Vendee, unless in such case the Vendor will out of caution or curiosity have a Counterpart, to see, upon any occasion, what Covenants himself hath given. See Coke on Littl. fol. 35. b.

Déemsters or Demsters (from the Saxon dema, i. a Judge or Umpire) All Controver∣sies (in the Isle of Man) are decided without Process, Writings, or any Charges, by certain Judges, whom they chuse from among themselves, and call Déemsters. Camd. Brit. tit. British Islands.

Deer-Hays, Are Engins or great Nets, made of Cords to catch Deer. Anno 19 Hen. 7. cap. 11.

De essendo quietum de Tolonio, Is a Writ that lies for those, who are by priviledge freed from the payment of Toll, which read at large in Fitz. Nat. Br. fol. 226.

De expensis militum, Is a Writ command∣ing the Sheriff to levy four shillings per diem, for the expences of a Knight of the Shire. And a like Writ De expensis Civium & Burgen∣sium, to levy two shillings per diem, for every Citizen and Burgess of Parliament, 4 Inst. fol. 46.

De facto, (Anno 12 Car. 2. cap. 30.) Which is actually done, done indeed.

Default (Fr. Defaut) Is an Offence in o∣mitting that which we ought to do: Of this Bracton hath a whole Tract, lib. 5. tract. 3. By whom it appears, that Default is most notori∣ously taken for non-appearance in Court at a day assigned. Of this you may also read Fleta, lib. 6. cap. 14. and Coke on Littl. fol. 259. b.

Defeizance (of the Fr. Desfaire, i. to un∣do or defeat) Signifies a Condition relating to a Deed, as to a Recognizance or Statute, which being performed by the Recognizor, the Deed is disabled and made void, as if it never had been done. The difference between a Proviso or Condition in Deed, and a Defeiz∣ance, is, That those are inserted in the Deed or Grant; this is usually in a Deed by it self. Of which you may read, West at large, Par. 1. Symb. lib. 2. sect. 156.

Defend (Fr. Defendre) Signifies, in our ancient Laws and Statutes, to prohibit or for∣bid. As—Usuarios defendit quoque Rex Ed∣wardus, ne remanerent in Regno. LL. Ed. Conf. cap. 37. & 5 Rich. 2. cap. 7. Of which, thus Chaucer.

Where can you say in any manner age, That ever God defended Marriage.

And in 7 Edw. 1. we have a Statute, entituled Statutum de defensione portandi arma, &c. It is defended by Law to Distrain in the Highway. Coke on Littl. fol. 161.

To this day, in divers parts of England, we say, God defend, instead of God forbid. And the Fench Moneth is more truly called the De∣fence Moneth, i. the Forbidden Moneth. See Fench Moneth.

Defendant (Defendens) Is he that is sued in an Action Personal; as Tenant is he, who is sued in an Action Real. See Impediens.

Defendemus, Is a word used in Feof∣ments and Donations, and hath this force, that it binds the Donor and his Heirs to defend the Donce; if any Man go about to lay any servi∣tude on the thing given, other then is contained in the Donation. Bracton, lib. 2. cap. 16. num. 10. See Warranty.

Defender of the Faith (Defensor fidei) Is a peculiar title given to the Kings of England by the Pope, as Catholicus to the King of Spain, Christianissimus to the King of France, and Advocatus Ecclesiae to the Emperor: Which title was given by Pope Leo the Tenth to King Henry the Eighth, for writing against Martin Luther, in behalf of the Church of Rome, and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth, fol. 105.

Deforcement (Deforciamentum) Matth. Paris, fol. 422. Quicunque deforciaverit eis do∣tem, & de ipso deforciamento convicti fuerit. id est, Per vim abstulerit. A withholding Lands or Tenements by force from the right owner. See Deforceor, and Coke on Littl. fol. 331. b.

Deforciant (Anno 23 Eliz. cap. 3.) The same with Deforceor.

Deforceor (Deforciator, of the Fr. Forceur, i. expugnator) Is one that overcomes and casts out by force, and differs from Disseisor: First in this, because a Man may disseise another without force, which is called Simple Disseisin. Britton, cap. 53. Next, because a Man may de∣force another that never was in possession. For example, if more have right to Lands, as Common Heirs, and one entring, keeps out the rest, the Law says, He deforceth them, though he do not disseise them. Old Nat. Br. fol. 118. And Littleton, (cap. Discontinuance, fol. 117.) says, He who is inseoffed by the Tenant in Tail, and put in Possession, by keeping out the Heir of him in Reversion being dead, doth deforce him, though he did not disseise him; because he entered, when the Tenant in Tail was living, and the Heir had no present right. A Deforceor differs from an Intruder, because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Pos∣sessor; And a Deforceor is he that holds out the right Heir as abovesaid. Bracton, lib. 4. cap. 1.

Degrading. See Disgrading.

Delegates (Anno 25 Hen. 8. cap. 19.) Are Commissioners so called, because delegated or appointed by the Kings Commission under the Great Seal, to sit upon an Appeal to the King in the Court of Chancery in three Cases.

First, When a Sentence is given in any Ec∣clesiastical Cause, by the Archbishop or his Official.

Secondly, When any Sentence is given in any Ecclesiastical Cause in places exempt.

Thirdly, When a Sentence is given in the Admiral Court in Sutes, Civil and Marine, by order of the Civil Law. 4 Part. Inst. fol. 339. Anno 8 Eliz. cap. 5

Deliverance. See Replegiare.

Delf (from the Sax. delfan, to dig or delve) Is a Quarry or Mine, where Stone or Coal is dug. Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth, there is mention of a Mine or Delf of Copper. Camd.

Demain or Demesn (Dominicum. Gallis, Domanium. Italis, Demanium) Accipitur mul∣tipliciter (says Bracton) Est autem Dominicum, quod quis habet ad mensam suam & propriè, sicut sunt Bordlands, Anglicè, i. Dominicum ad mensam. Item dicitur Dominicum, Villenagium quod traditur villanis, quod quis tempestive & & intempestive resumere possit pro voluntate sua & revocare. Lib. 4. tract. 3. cap. 9. num. 5. De∣mains (according to common speech) are the Lords chief Mannor place, with the Lands thereto belonging, which he and his Ancestors have from time to time kept in their own Manu∣al occupation; howbeit (according to Law) all the parts of a Mannor (except what is in the hands of Freeholders) are said to be De∣mains. And the reason why Copihold is account∣ed Demain, is because Copiholders are adjudged in Law to have no other estate, but at the will of the Lord; so that it is still reputed to be in a manner in the Lords hands.

Demain is sometimes used in a more special signification, as opposite to Frank-fee: For example, those Lands which were in the posses∣sion of King Edward the Confessor, are called Ancient Demains, and all others Frank-fee; and the Tenants which hold any of those Lands are called Tenants in Ancient Demain; the others, Tenants in Frank-fee. Kitchin, fol. 98. See more on this subject in the Learned Spel∣man, verbo, Dominicum.

Demand (Fr. Demande, i. postulatio) Sig∣nifies a calling upon a Man for any thing due. It hath also a proper signification, distinguished from Plaint: For all Civil Actions are pur∣sued, either by Demands or Plaints; and the pursuer is called Demandant or Plaintiff, viz. Demandant in Actions Real, and Plaintiff in

Personal. And where the Party pursuing is cal∣led Demandant, the party pursued is called Tenant; where Plaintiff, there Defendant. If a Man release to another all Demands, this is the best Release which the Releasee can have, and shall enure most to his advantage. Littl. fol. 117. a. There are two manner of Demands, the one in Deed, the other in Law: In Deed, as in every Praecipe, there is express Demand: In Law, as every Entry in Land, Distress for Rent, taking or seising of Goods, and such like acts, which may be done without any words, are Demands in Law. As a Release of Sutes is more large then a Release of Quarrels or Acti∣ons; so a Release of Demands is more large and beneficial, then either of them. By Re∣lease of all Demands, all Executions, and all Freeholds and Inheritances executory are re∣leased; By Release of all Demands to the Dis∣seisor, the right of Entry in the Land, and all that is contained therein, is released. And he that releaseth all Demands, excludes himself from all Actions, Entries, and Seisures; but a Release of all Demands, is no Bar in a Writ of Error to Reverse an Outlary. Coke, lib. 8. fol. 153, 154.

Demandant (Petens) Is he, who is Actor or Plaintiff in a Real Action, because he de∣mandeth Lands, &c. Coke on Littl. fol. 127. b. See Demand.

Demain-Cart of an Abbot, Seems to be that Cart, which the Abbot used upon his own Demain. Anno 6 Hen. 3. cap. 21.

Demi-haque. See Haque and Haquebuz.

Demise (Dimissio) Is applied to an Estate either in Fee-simple, Fee-tail, or for term of Life, and so it is commonly taken in many Writs. 2 Part. Inst. fol. 483. The Kings death is in Law, termed the Demise of the King.

Demsters. See Deemsters.

Demurrer (from the Fr. Demeurer, i. Ma∣nere in aliquo loco, vel morari) Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty, which must be determined by the Court, before any further proceedings can be had therein: For in every Action, the Controversie consists, either in Fact or in Law; if in Fact, that is tried by the Jury; if in Law, the Case is plain to the Judge, or so hard and rare, as it breeds just doubt. We call that plain to the Judge, where∣in he is assured of the Law; though perhaps the party and his Council yield not to it: And in such case, the Judge with his Associats, pro∣ceed to Judgment, without more ado; but when it is doubtful, then stay is made, and a time taken, either for the Court to consider further of it, and agree if they can; or else, for all the Judges, to meet together in the Ex∣chequer Chamber, and upon hearing what the Serjeants can say on both sides, to determine what is Law, And whatsoever they conclude, stands firm without further Appeal. Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege. At the Common Law, the Defendant sometimes demurreth to the Plaintiffs Count or Declaration, and sometimes the Plaintiff de∣murs to the Defendants Plea, by averring, That it is not a sufficient Plea in the Law, &c. In Chancery, the Defendant demurs to the Plain∣tiffs Bill, averring it to be defective in such, or such a point, and demands the Judgment of the Court thereupon, whether he shall be compelled to make any further or other answer thereunto, &c. See Moratur in Lege.

Denariata terrae. See Fardingdeal of Land.

Denariatus, Precium rei quae Denario con∣stat: Mercis, redditus, terrae. Sciant—quod ego Willielmus filius Philippi de Colewal Dedi—Egidio de la Berne de Hereford pro quadam summa pecuniae—Octo Denariatos annui reddi∣tus, &c. Sine dat.

Denelage or Danelage, (From the Sax. dane and laga, lex) Is the Law the Danes made here in England. See Merchenlago.

Denizen (Fr. Donaison, i. Donatio) Sig∣nifies an Alien that is enfranchised here in Eng∣land, by the Kings Charter and Donation, and enabled in many respects, to do, as the Kings Native Subjects do, namely, to purchase and possess Lands, to be capable of any Office or Dignity. Yet is it short of Naturalization; because a stranger naturalized may inherit Lands by descent, which a Denizen cannot. And again in the Charter, whereby a Man is made Denizen, there is commonly contained some one clause or other, that abridges him of that full benefit which natural subjects enjoy. And when a Man is thus enfranchised, he is said to be under the Kings Protection, or Esse ad fidem Regis Angliae; before which time, he can enjoy nothing in England. Bracton (lib. 5. tract. 5. cap. 25. num. 3.) saith, That he and his goods might be seised to the Kings use. See Horns Mirror, lib. 1. cap. de la Venue de Franc-plege, and 2 Part. Inst. fol. 741.

De non Residentia Clerici Regis, Is an ancient Writ, the Form whereof see in 2 Part. Inst. fol. 624.

Deodand (Deodandum) Is a thing given or forfeited, as it were to God for the pacification of his Wrath, in a Case of Misadventure, whereby a Christian Soul comes to a violent end, without the fault of any reasonable Crea∣ture. As, if a Horse strike his Keeper and kill him: If a Man, in driving a Cart, falls so, as the Cart-wheel runs over him, and presses him to death: If one be felling a Tree, and gives warning to the standers by, to look to them∣selves, yet a Man is killed by the fall of it. In the first of these Cases, the Horse; in the second, the Cart-wheel, Cart, and Horses; and in the third, the Tree is to be given to God, that is, to be sold and distributed to the Poor, by the Kings Almoner, for expiation of this dreadful event, though effected by unreason∣able, yea, sensless and dead creatures. Stamf. Pl. Cor. lib. 1. cap. 2. Bracton, lib. 3. tract. 2. cap. 5.

Omnia quae movent ad Mortem sunt Deo∣danda. * 3.1

Fleta says, This Deodand is to be sold, and the price distributed to the Poor, for the Soul of the King, his Ancestors, and all faithful people departed this life. Lib. 1. cap. 25. De Submersis. Which Law seems to bear an imitation of that in Exodus, cap. 21. Si cornu perierit bos virum vel mulierem, ita ut moriatur, lapidabitur bos neque comedetur caro ejus, ac Dominus ejus crit innocens. This word is mentioned in the Stat. De Officio Coronatoris, Anno 4 Edw. 1. See 3 Part. Inst. fol. 57.

Deoneranda pro rata portionis, Is a Writ that lies where one is distrained for a Rent, that ought to be paid by others propor∣tionably with him. For example, a Man holds ten Oxgangs of Land, by Fealty, and ten shillings Rent of the King, and aliens one Ox∣gang thereof to one, and another to another in Fee: Afterward, the Sheriff or other Of∣ficer distrains onely one of them for the Rent, he that is so distrained, may have this Writ for his relief. Fitz. Nat. Br. fol. 234.

Departer or Departure Is a word properly applied to him, who, first pleading one thing in Bar of an Action, and being replied unto, does in his Rejoynder, wave that, and shew another matter contrary, or not pursuing his first Plea. Plow∣den in Reneger and Fagossa, fol. 7, 8. Or it may be applied to a Plaintiff, who in his Replica∣tion, shews new matter from his Declaration. As in Crokes 2 Part, Bagshaws Case, fol. 147. The Defendant hereupon demurred, because it was a departure from the Declaration. So if a Man plead a General Agreement in Bar, and in his Rejoynder alleage a special one, this shall be adjudged a Departure in Pleading.

Departure in despight of the Court, Is when the Tenant or Detendant appears to the Action brought against him, and hath a day over in the same Term, or is called after, though he had no day given him, so it be in the same Term; if he do not appear, but make default, it is a Departure in despight of the Court, and therefore he shall be condemn∣ed; which departure is always of the part of the Tenant or Defendant, and the Entry of it is, Quod praedictus A, licet solenniter exactus, non revenit, sed in contemptum Curiae, recessit & defaltum fecit Coke, lib. 8. fol. 62.

Departers of Gold and Silver. See Finors.

Depopulation (Depopulatio) A wasting, pilling, or destruction; a desolation, or un∣peopling of any place. Cokes 12 Rep. fol. 30.

Depopulatores agrorum, It appears by the Stat. 4 Hen. 4. cap. 2. that they were great offenders by the ancient Law, and that the Ap∣peal or Indictment of them, ought not to be General, but in Special manner. They are cal∣led Depopulatores Agrorum, for that by pro∣strating or decaying the Houses or Habitation of the Kings people, they depopulate, that is, dispeople the Towns. 3 Part. Inst. fol. 204.

Deposition (Depositio) Is the Testimony of a Witness, otherwise called a Deponent, put down in writing by way of answer to Interro∣gatories, exhibited to that purpose in the Court of Chancery; And when such witness is exami∣ned in open Court, he is said to be examined Viva voce. Deposition is also used for death; as in Provin. Angl. lib. 2. tit. De feriis. Ordi∣namus quod Festum Depositionis Sancti Johannis de Beverlaco, 7 die Mail.—Per Provinciam nostram antedictam perpetuit temporibus cole∣bretur.

Deprivation (Deprivatio) A depriving, bereaving, or taking away.—With the loss or deprivation of all the Spiritual Promo∣tions, whereof, &c. Anno 2 & 3 Edw. 6. cap. 20. Deprivation of Bishops and Deans. Anno 39 Eliz. cap. 8.

De quibus sur Disseisin, Is a Writ of Entry. See Fitz. Nat. Br. fol. 191.

Deraign or Dereyn (Disrationare vel di∣rationare) Signifies generally, to prove, as Dirationabit jus suum haeres propinquior. Glan∣vil. lib. 2. cap. 6. And, Dirationabit terram illam in Curia mea, He proved that Land to be his own. Idem, lib. 2. cap. 20. Bracton uses it in the same sence, Habeo sufficientem disratioci∣nationem & probationem, lib. 4. tract. 6. cap. 16. And so he useth disrationare, lib. 4. cap. 22. And to Dereyn the Warranty, Old Nat. Br. fol. 146. To Deraign that right, 3 Edw. 1. cap. 40. And Westm. 2. cap. 5. Anno 13 Edw. 1. cap. 5. When the Parson of any Church is disturbed to de∣mand Tythes in the next Parish, by a Writ of Indicavit, the Patron shall have a Writ to de∣mand the Advowson of the Tythes, being in demand, and when it is Deraigned, then shall the Plea pass in the Court Christian, as far forth as it is Deraigned in the Kings Court. In some places the Substantive Dereinment is used in the very literal signification with the French Disrayer or desranger, that is, turning out of course, displacing or setting out of order; as Deraignment or departure out of Religion, Anno 31 Hen. 8. cap. 6. and 5 & 6 Edw. 6. cap. 13. And Dereinment or discharge of their pro∣fession. 33 Hen. 8. cap. 29. Which is spoken of those Religious Men, who forsook their Or∣ders and Professions. So Kitchin, fol. 152. The Leasee enters into Religion, and afterwards is dereigned. And Britton, cap. 21. hath these words Semounse desrenable, for a Summons that may be challenged, as defective, or not lawfully made. Of this you may read something more in Skene, verbo, Disrationare, where, in one signification, he confounds it with our waging and making of Law. See Lex Deraisnia.

Descent. See Discent.

De son tort demesn (Fr.) Are words of Form, used in an Action of Trespass by way of Reply to the Defendants Plea. For example,

A. sues B. in such an Action, B. answers for himself, that he did that which A. calls a tres∣pass, by the command of C. his Master; A. saith again, that B. did it, de son tort demesne, sans ceo que C. luy command, modo & forma—That is, B. did it of his own wrong, without that that C. commanded him, in such form, &c.

Detinet. See Debito and Debet and Solet.

Detinue, (detinendo,) Is a Writ that lies against him, who, having Goods or Chattels de∣liver'd him to keep, refuses to re-deliver them. See Fitz. Nat. Br. fo. 138. To this is answe∣rable in some sort actio depositi in the Civil Law. And he takes his Action of Detinue, who intends to recover the thing deteined, and not the Damages sustained by the Detinue. Kitchin, fol. 176. See the New Book of Entries, verbo, Detinue.

Devastaverunt bona Testatoris, Is a Writ lying against Executors, for paying Lega∣cies and Debts without Specialties, to the pre∣judice of the Creditors that have Specialties, before the Debts on the said Specialties are due; for in this Case the Executors are as lia∣ble to Action, as if they had wasted the Goods of the Testator riotoufly, or converted them to their own use; and are compellable to pay such Debts by Specialty out of their own Goods, to the value of what they so paid ille∣gally. For the orderly payment of Debts and Legacies by Executors, so as to escape a Deva∣station or charging their own Goods; See the Office of Executors, ca. 12.

Devenerunt, (lat.) Is a Writ anciently directed to the Escheator, when any of the Kings Tenants, holding in Capite, dyed; and when his son and heir, within age, and in the Kings custody, dyed; then this Writ went forth, commanding the Escheator, that he, by the Oath of good and lawful men, enquire what Lands and Tenements, by the death of the Tenant, came to the King. See Dyer, fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused, yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled, An Act for preventing frauds, and regulating abuses in His Majesties Customes.

Devest, (Devestire) Is contrary to Invest; for, as Invest signifies to deliver the posession of any thing; so Devest signifies the taking it away.

Devise, or Divise, (from the French, De∣viser, to confer, or converse with; or from Diviser, to divide, or sort into several parcels) Is properly that act, by which a Testator gives, or bequeaths his Lands or Goods, by his last Will in Writing. He who makes the Devise is called the Devisor; and he to whom the Devise is made, the Devisee. The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed; For, if Land be Devised to a man, to have to him for ever, or to have to him and his Assignes; in these two Cases the Devisee shall have a Feesimple; but, given in the same manner by Feoffment, he has but an Estate for term of life. So, if one De∣vise Land to an Infant in his Mothers Belly, it is a good Devise; but, 'tis otherwise by Feoff∣ment, Grant or Gift, for in those Cases, there ought to be one of ability, to take presently, otherwise it is void. 14 Eliz. Dyer. 304. and Coke on Litt. fol. 111.

Deboires of Caleis, (Anno 2 Rich. 2. Stat. 1. ca. 3.) Were the Customes due to the King, for Merchandise brought to, or carried out of Caleis, when our Staple was there.—Paying their Customes and Devoyres to the King. Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty.

Devorce. See Divorce.

Dictum de Kenelworth, Was an Edict or Award, between King Henry the Third and all those Barons and others, who had been in Armes against him; and so called, because it was made at Kenelworth-Castle in Warwickshire. Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeit∣ed them in that Rebellion.

Dicker of Leather, Is a quantity consisting of Ten Hides; The word probably comes from the Greek, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifies Ten.

Diem claufit extremum, Was a Writ that Issued out of the Chancery, to the Escheator of the County, upon the death of any of the Kings Tenants in Capite, to inquire by a Jury, of what Lands he died seised, and of what va∣lue, and who was next heir to him. Fitz. Nat. Br. fol. 251.

Dies. In the Common-Law there are Dies juridici, & Dies non juridici. Dies non juridici are all Sundayes in the Year; and, in Easter-Yerm, the Feast of the Ascension of our Lord; in Trinity Term, the Nativity of St John Bap∣tist; in Michaelmas Term the Feasts of All Saints, and All Souls; and, in Hillary Term, the Purification of the Blessed Virgin-Mary. And this was the Antient Law of England, and extends not onely to Legal Proceedings, but to Contracts. 2 Part. Inst. fol. 264.

Dies datus, Is a Day, or time of Respit given to the Tenant or Defendant by the Court. Brooke, tit. Continuance.

Dignitaries, (dignitarii,) Are those who are advanced to the Ecclesiastical dignity of Dean, Arch-deacon, Prebendary, &c. See 3 Part. Inst. fol. 155.

Dieta rationabilis, Is in Bracton used for a reasonable days Journey. Lib. 3. Tract. 2. ca. 16.

Dignity Ecclesiastical, (Dignitas Ecclesi∣astica,) Is mention'd in the Stat. 26 Hen. 8. ca. 31 & 32. ejusdem, ca. 15. And is by the Canonists defin'd to be, Administratio cum jurisdictione & potestate aliqua conjuncta; where∣of you may read divers examples in Duarenus. de Sacris Eccles. Ministris & Beneficiis, lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161.

Dilapidation, (dilapidatio,) A wastful spending, or destroying; or the letting Build∣ings run to ruine and decay for want of due re∣paration.

Anno 13 Eliz. ca. 10. Money re∣cover'd for dilapidations shall be employ'd in repair of the same Houses. Anno 14 Eliz. ca. 11.

Dioces, (diocesis, from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,) signifies with us the Circuit of every Bishops Jurisdiction; for, this Realm hath two sorts of Divisions, one into Shires or Counties, in respect of Temporal Policy; another into Diocesses, in order to Jurisdiction Ecclesiasti∣cal, of which we reckon 22 in England, and 4. in Wales.

Dimidietas, The one half. Sciant—quod ego Matilda filia Willielmi le Franceys dedi—Waltero de Stetton dimidietatem illius Burgagii, &c. sine dat. Ex libro Cart. Priorat. Leo∣minstr.

Disability, (disabilitas,) Is, when a man is disabled, or made incapable, to inherit or take that benefit which otherwise he might have done; which may happen four wayes; by the act of the Party, or his Ancestor; by the act of Law, or of God. Disability by the parties own act, is, If I bind my self, that upon surrender of a Lease, I will grant a new Estate to the Lessee, and afterwards I grant over my Rever∣sion; In this case, though I afterwards repur∣chase the reversion, yet I have forfeited my Obligation, because I was once disabled to per∣form it. Coke lib. 5. fol. 21. Also if a Man be Excommunicated, he cannot, during that time, sue any Action, but shall be thereby disabled. Coke lib. 8. fol. 69. Disability by the act of an Ancestor is, if a man be attainted of Treason or Felony; by this attainder, his blood is cor∣rupt, and both himself and children disabled to inherit. Disability by the Act of Law is most properly, when a Man by the sole act of the Law is disabled; and so is an Alien born, who is disabled to take any benefit thereby. Disa∣bility by the Act of God, is, where a man is not of whole Memory, which disables him so, that in all cases, where he passeth any Estate out of him, it may, after his death, be disanull'd; for it is a Maxim in Law, That a Man of full Age shall never be recceav'd to disable his own person. Coke. lib. 4. fol. 123, 124.

Disalt, Signifies as much as to disable. Lit∣tleton in his Chapter of Discontinuance.

Discarcatio, An unloading. Ex Codice M. S. in Turr. Lond.

Disboscatio, A turning Wood-ground into Arable or Pasture, an assarting. See As∣sart.

Disceit. See Deceit and Deceptione.

Discent, (Latin, Discensus. French Des∣cente,) An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors; As to make his discent from his An∣cestors, (Old Nat. Br. fol. 101.) is to shew how and by what particular degrees the Land in question came to him from his Ancestors. This Discent is either Lineal or Collateral; Lineal Discent is convey'd downward, in a right-line, from the Grandfather to the Father, and from the Father to the Son, and from the Son to the Nephew, &c. Collateral Discent springs out of the side of the whole blood, as Grandfathers brother, Fathers brother, &c. If one die seised of Land (in which another has right to enter,) and it des∣cends to his Heir, such discent shall take away the others right of entry, and put him to his Action for recovery thereof. Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237.

Disclaimer, (from the French, Clamer, with the privative Dis,) Is a Plea containing an express denyal, renouncing, or disclaiming. As, if the Tenant sue a Replevin upon a Di∣stress taken by the Lord, and the Lord Avow, saying, That he holds of him, as of his Lord, and that he Distreyned for Rent not paid, or Service not perform'd; then the Tenant, de∣nying to hold of such Lord, is said to Disclaim, and the Lord proving the Tenant to hold of him, the Tenant loseth his Land. Also if a man denying himself to be of the Blood or Kindred of another in his Plea, is said to Disclaim his Blood. See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Fe∣lony, Disclaim Goods; being cleared, he loseth them. See Broke, and New Book of Entries, tit. Disclaimer: And Stamf. Pl. Cor. fol. 186. In Chancery, if a Defendant by his Answer Disclaim the having any interest in the thing in question, this is also called a Disclaimer.

Discontinuance, (Discontinuatio,) Signi∣fies an interruption, intermission, or breaking off; as Discontinuance of Possession, or of Pro∣cess: The effect of Discontinuance of Posses∣sion is this, That a Man may not enter upon his own Land or Tenement alienated, whatsoe∣ver his right be to it, of his own self, or by his own authority, but must bring his Writ, and seek to recover Possession by Law: As if a Man alien the Lands he hath in right of his Wife, or if Tenant in Taile make any Feoff∣ment, or Lease for Life, not warranted by the Stat. 32 Hen. 8. by Fine, or Livery of Seizin, such Alienations are called Discontinuances; which are indeed impediments to an Entry, whereby the true owner is left onely to his Action. See the Institutes of the Common-Law, ca. 43. and Cokes Reports, lib. 3. Case of Fines. The effect of Discontinuance of Plea, is, That the opportunity of Prosecution is lost, and not recoverable, but by beginning a new Sute; For to be Discontinued, and to be put without Day is all one, and nothing else but finally to be dismissed the Court for that instant. So Crompton, in his Jurisdict. fol. 131. useth it, in these words, If a Justice Seat be Discon∣tinued, by the not coming of the Justices, the King may renew the same by His Writ, &c. In this signification Fitz. (in his Nat. Br.) useth it divers times, as Discontinuance of Corody, fol. 193. a. To Discontinue the right of his Wife, fol. 191. L. and 193. L. Discontinuance of an Action, Discontinuance of an Assize, fol. 182. D. 187. B. Anno 31. Eliz. ca. 1.—12 Car. 2. ca. 4. and 14 ejusdem, ca. 10. Coke on Littl. fol. 325.

Disfranchise, (14 Car. 2. ca. 31.) To

take away ones Freedom or Priviledge; it is the contrary to Enfranchise, which vide.

Disgrading or Degrading (Degradatio) Is the punishment of a Clerk, who, being de∣livered to his Ordinary, cannot purge himself of the offence, whereof he was convict by the Jury, and it is the privation or devesting of the Holy Orders which he had, as Priesthood, Deaconship, &c. Stamf. Pl. Cor. fol. 130 & 138. There is likewise the Disgrading of a Lord, Knight, &c. Sir Andrew Harkley, Earl of Carlisle was convicted. degraded, and attainted of Treason, Hill. 18 Edw. 2. Coram Rege, Rot. 34, 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson, Sir Henry Mildmay, and others therein named, were degraded from all Titles of Honor, Dignities, and Prehe∣minencies, and none of them to bear or use the Title of Lord, Knight, Esquire, or Gentleman, or any Coat of Arms for ever after, &c. By the Canon Law there are two sorts of degrading, one Summary, by word onely; the other, So∣lemn, by devesting the party degraded of those Ornaments and Rights, which are the Ensigns of his Order or Degree. See Seldens Titles of Honor, fol. 787.

Disherison (Fr. Desheritement) Is an old word, signifying as much as Disinheriting. It is used in the Statute of Vouchers, made 20 Edw. 1. Our Lord the King, considering his own damage and disherison of his Crown, &c. And in 8. Rich. 2. cap. 4.

Disheritor.—The Sheriff shall forth∣with be punished, as a Disheritor of our Lord the King, and his Crown. Anno 3 Edw. 1. cap. 39. One that disinheriteth, or puts another out of his inheritance.

Dismes (Decimae) Are Tythes, or the Tenth Part of all the Fruits, either of the Earth or Beasts, or our Labor, due to God; and consequently to him, who is of the Lords lot, and had his share, viz. our Pastor. Also the Tenths of all Spiritual Livings, yearly given to the Prince (called a Perpetual Dism, Anno 2 & 3 Edw. 6. cap. 35.) Which in ancient times were paid to the Pope, till he gave them to Richard the Second, to aid him against Charles the French King, and those others that upheld Clement the Seventh against him. Pol. Virg. Hist. Angl. lib. 20. Lastly, It signifies a tribute levied of the Temporalty. Holinshed in Hen. 2. fol. 111.

Disparagement (Disparagatio) Was used especially for matching an Heir in Marriage under his or her degree, or against decency. See Cowels Institutes, tit. De Nuptiis, sect. 6. and Coke on Littl. fol. 107. b.

Dispauper, When any person by reason of his poverty, attested by his own Oath, of not being worth 5 l, his Debts being paid, is ad∣mitted to sue in forma pauperis; if afterwards, before the sute be ended, the same party have any Lands, or Personal estate faln to him, or that the Court, where the sute depends, think fit, for that or other reason, to take away that priviledge from him, then he is said to be dis∣paupered, that is, put out of the capacity of suing in Forma Pauperis.

Disrationare, Est contrarium ratiocinando asserere, vel quod assertum est ratiocinando de∣struere. We now call it Traversare, to Traverse. See Gloss. in decem Scriptor. And Deraign.

Disseisin (Fr. Dissaisine, not from Dissei∣sir, as Cowel mistakes it) Signifies an unlaw∣ful dispossessing a Man of his Land, Tene∣ment, or other immovable or incorporeal right. And how far this extends, see Bracton, lib. 4. cap. 3. Therefore the Assises are called Writs of Disseisin, that lie against Disseisors in any Case, whereof some are termed little Writs of Disseisin, being Vicontiel, that is suable before the Sheriff in the County Court, be∣cause determined by him without Assise. Reg. of Writs, fol. 98. As, for Nusances of no great prejudice.

Disseisin is of two sorts, either Simple Dis∣seisin, committed by day without force and arms, (Bracton, lib. 4. cap. 4, Britton, cap. 42, 43, 44.) Or Disseisin by Force, for which see Deforceor and Fresh Disseisin. See Redisseisin and Post disseisin. See Skene, verbo Disseisina. How many ways Disseisin is committed, see Fleta, lib. 4. cap. 1. Sect. Fit autem; and when it is lawful, cap. 2. Wrongful Disseisin is no de∣scent in Law. 32 Hen. 8. cap. 33.

Disseisor, Is he that disseiseth or puts an∣other out of his Land: And Disseisee is he that is so put out. Anno 4 Hen. 4. cap. 7.

Disseisoresse, Is she that disseiseth another. Coke on Littl. fol. 357. b.

Distress (Fr.) Signifies most commonly a Compulsion in certain Real Actions, whereby to cause a Man to appear in Court, or to pay Rent, or other duty denied; or it is the thing distreined. The effect whereof most com∣monly is, To compel the party Distreined to Replevy the Distress, and so take his Action of Trespass against the Distreiner, or else to compound neighborly with him for the Debt or Duty, for which he Distreins. There are di∣vers things not distreinable, as another Mans Gown in the House of a Tailor, or Cloth in the House of a Fuller, Sheerman, or Weaver: For they, being common Artificers, it is pre∣sumed such things belong not to themselves, but to others. Victual is not distreinable, nor Corn in Sheaves, unless they be in a Cart: For a Distress ought to be of such things, whereof the Sheriff may make Replevin, and deliver again in as good Case, as they were at the time of the taking. A Man may Distrein for Homage of his Tenant, for Fealty, Escuage, and other services, and for Fines, and Amerceaments as∣sessed in a Leet, but not in a Court Baron, and for Damage-feasant, &c. But not for Rent due for any Land, except upon the same Land charged therewith, &c. When one hath taken a Distress, it behoves him to bring it to the Com∣mon Pound, or he may keep it in an open place, so that he give notice to the party, that he (if the Distress be a Quick-beast) may give

it food. See the Stat. De districtione Scaccarii, 51 Hen. 3.

Distress, is by Britton, cap. 71. divided into Personal and Real. Distress Personal is made by distreining a Mans movable Goods, and seising all the profits of his Lands and Tene∣ments from the Teste, or date of the Writ, for the Defendants contempt, in not appearing to an Action brought against him, after he was Summoned or Attached; and the Issues so re∣turned by the Sheriffs, are forfeited to the King, and Estreated into the Exchequer.

Distress Real, is made upon immovable Goods. This differs from an Attachment in this (among others) that it cannot be taken by any common person, without the compass of his own Fee; except it be presently after the Cattle, or other thing, is driven or born off the Ground, purposely to avoid the Distress. Fitz. Nat. Br. fol. 904. See Attach. and the Stat. 17 Car. 2. cap. 7.

Distress is also divided into Finite and In∣finite; Finite is that which is limited by Law, how often it shall be made to bring the party to tryal of the Action, as once, 〈◊〉〈◊〉, &c. Old Nat. Br. fol. 43. Distress infin••••••, is with∣out limitation, until the party come; as against a Jury, which refuseth to appear upon Certifi∣cate of Assise, the Process is Venire facias, Habeas corpora, and Distress infinite. Old Nat. Br. fol. 113. Then it is divided into a Grand Distress (Anno 52 Hen. 3. cap. 7.) which Fitz∣herbert calls Magnam Districtionem, and an Or∣dinary Distress. A Grand Distress is that which is made of all the Goods and Chattels that the party hath within the County. Britton, cap. 26. fol. 52. But see whether it be not sometimes all one with a Distress infinite. Idem, fol. 80. With whom also the Statute of Marlbridge seems to agree. Anno 52 Hen. 3. cap. 7, 9 & 12. See Grand Distress and Attachment.

District (Districtus) Is the place in which a Man hath the power of distreining, or the Cir∣cuit or Territory wherein one may be compel∣led to appear. Britton, cap. 120. Where we say, Hors de son Fee, others say, Extra districtum suum.

Distringas, Is a Writ directed to the Sheriff, or any other Officer, commanding him to Distrein one for a Debt to the King, &c. or for his not appearance at a day. See great diversity of this Writ in the Table of Register, Judic. verbo Distringas. This was sometimes of old called Constringas, as appears by this Writ in Henry the First or second days. Lib. Rames. sect. 227. Henricus Rex Angliae hominibus Ab∣batis de Ramesia salutem. Praecipio quod cito & justè reddatis Abbati Domino vestro, quicquid ei debetis in censu, & firma, & debitis, & pla∣citis, sicut justè monstrare poterit quod ei debea∣tis. Quod si nolueritis, ipse vos inde constrin∣gat per pecuniam vestram. Teste Cancellar, apud Glocester. By Pecuniam vestram, in those days was understood Bona & catalla.

Dividend, in the Exchequer seems to be one part of an Indenture. Anno 10 Edw. 1. cap. 11. and 28 Ejusdem, Stat. 3. cap. 2.

Dividend in the University, is that share or part, which every one of the Fellows does e∣qually and justly divide, either by an Arith∣metical or Geometrical Proportion of their Annual stipend.

Divise. See Devise.

Divorce (Divortium à divertenda) Is a Separation of two; de facto married together; of which, there be two kindes, one A Vinculo Matrimonii; the other, A mensa & thoro. The Woman divorced, A Vinculo Matrimonii re∣ceives all again that she brought with her. This onely arises upon a nullity of the marriage, through some essential impediment, as Con∣sanguinity or Affinity within the degrees for∣bidden, Precontract, Impotency, &c. Of which Impediments, Divines reckon fourteen, compre∣hended in these Verses,

Error, Conditio, Votum, Cognatio, Crimen, Cultus, Disparitas, Vis, Ordo, Ligamen, Honestas, Si sis affinis, Si fortè coire nequibis, Si Parochi & duplicis desit presentia testis, Raptave sit mulier, nec parti reddita tutae.

Divorce, Is a Judgment Spiritual, where∣fore, if there be occasion, it ought to be re∣versed in the Spiritual Court. See Coke, lib. 7. Kennes Case. Idem, lib. 5. fol. 98. And on Littl. fol. 235.

In the Old Law, the Woman divorced was to have of her husband a writing (as S. Jerome and Josephus testifie) to this effect, I promise, that hereafter I will lay no claim to thee; which was called A Bill of Divorce.

Docket, Is a Brief in Writing. Anno 2 & 3 Ph. & Ma. cap. 6. West writes it Dogget, by whom it seems to be some small peece of Paper or Parchment, containing the effect of a greater Writing. Symbol. par. 2. tit. Fines, sect. 106.

To do Law (Facere Legem) Is as much as to make Law. Anno 23 Hen. 6. cap. 14. See Make.

Dogdraw, Is a manifest deprehension of an Offender against Venison in a Forest, when he is found drawing after a Dear by the scent of a Hound, led in his hand. There are four of these noted by Manwood, par. 2 cap. 18. num. 9. viz. Stablestand, Dogdraw, Back bear, and Bloodihand.

Dogger, A kinde of little Ship. Anno 31 Edw. 3. stat. 3. cap. 1.—All the Ships called Doggers and Landships, &c.

Dogger-fish. Ibidem, cap. 2. Seems to be Fish brought in those Ships to Blackness Haven, &c.

Dogger-men (25 Hen. 8. cap. 4.) Sea-men that belong to Dogger-ships.

Dogget. See Docket.

Doitkin, Was a kinde of base Coyn of small value, prohibited by the Stat. 3 Hen. 5. cap. 1. Hence we still retain the phrase, Not worth a Doitkin.

Dole (Dola. Sax. doel. Pars, portio, a doelan, dividere, distribuere) Is a part or porti∣on most commonly of a Meadow, so called to this day. As Dole-Meadow (Anno 4 Jac. cap. 11.) where several persons have shares. In le Suthmede (i. prato australi) habet Prior per sortem illam quae vocatur Crumddprest, tres Dolas, sicut sors illa cadit. Et in qualibet Dola, habet 4 Polas, sive octo andenas (i. Swaths) jacentes simul. Lib. Priorat. Dunstable, cap. 5.

Dolefish, Seems to be that Fish, which the Fisher-men, yearly employed in the North-Seas, do of Custom receive for their allowance or shares. See the Stat. 35 Hen. 8. cap. 7.

Dolg-bote (Sax.) A recompence, amends, or satisfaction made for a Scar or Wound. Sax. Dict. LL. Aluredi Regis, cap. 23. Dolgbot legitur.

Dom-boc (Sax.) Liber judicialis. Legg. Edovardi Regis senioris, cap. 8. Bede swa Dom∣boc taece, i. Compenset sicut Liber judicialis statuerit. Some Book of Statutes or Decrees proper to the English Saxons; such haply as that wherein the Laws of former Saxon Kings were contained. That Chapter seeming to refer to the Laws of King Ina, cap. 29.

Domesday or Domesdei (Liber Judicia∣rius, aliàs Censualis Angliae) Comes from the Saxon dom, i. Judgment, not Domus Dei, (as some Authors have it) is a Book, which now remains in the Exchequer, containing two great Volumes; It was made in William the Conque∣rors time, according to Camden in his Britan∣nia, who proves it out of Ingulphus, that flourished in the same time; and whose words are, Totam terram descripsit, nec erat Hyda in totā Angliā, quin valorem ejus & possessorem scivit, nec lacus, nec locus aliquis, quin in Regis Rotulo extitit descriptus, ac ejus reditus & proven∣tus, ipsa possessio & ejus possessor Regiae notitiae manifestatus, juxta taxatorum fidem, qui electi de qualihet patriâ territorium proprium describe∣bant. Iste Rotulus vocatus est Rotulus Win∣toniae, & ab Anglis, pro sua generalitate, quòd omnia Tenementa totius terrae continuit, Domes∣day cognominatur. So it is called in the Stat. 1 Rich. 2. cap. 6. And in Ockams Lucubrations de fisci Regis ratione, which seems to be taken out of Liber Rubeus, in the Exchequer.

It is called Liber Judiciarius; Quia in eo totius Regni descriptio diligens continetur, singu∣lorumque fundorum valentia exprimitur: And Domesday (as Gervas. Tilbur. says) Non quod in eo de propositis aliquibus dubiis feratur sen∣tentia, sed quod a praedicto Judicio non liceat ulla ratione discedere. It was begun in the year 1081. and finished 1086. Camden calls it Gulielmi librum Censualem, the Tax-Book of William. See more, if you please, in Spelm. Gloss. and 4 Inst. fol. 269. I finde it also writ∣ten Domesdey, in an ancient Record.

Domicellus and Domicella. John of Gaunt, Duke of Lancaster, had by Katherine Swinford, before marriage, four illegitimate Children, viz. Henry, John, Thomas, and Joan; and, because they were born at Beaufort in France, they were vulgarly called Henry de Beaufort, &c. John before 20 Rich. 2. was Knighted, and Henry became Priest. At the Parliament holden 20 Rich. 2. the King, by Act of Parliament in form of a Charter, did legiti∣mate these Children. Rex—Charissimis con∣sanguineis nostris nobilibus viris Johanni Militi, Henrico Clerico, Thomae Domicello ac dilectae nobis nobili mulieri Johannae Beaufort Domi∣cellae, Gormanis praecharissimi Avunculi nostri, Johannis Ducis Lanc. natis ligeis nostris, salu∣tem, &c. Teste Rege apud Westm. 9. dic Febr. per ipsum Regem in Parliamento. In this Act (says Sir Edw. Coke, 4 Inst. fol. 37.) the said Thomas, before his Legitimation, could not be called Esquire; and therefore had the Addition Do∣micello, derived of the French word Domoicel, which (says he) signifies a young Soldier not yet Knighted, or nobly born, &c. which is a mistake; for there is no such French word as Domoicel, but Damoisel; nor can Domicellus properly be derived from thence, but is an obsolete Latin word, and anciently given▪ as an Appellation or Addition to the Kings (natu∣ral) Sons in France, and sometimes to the eld∣est Sons of Noblemen there; from whence, doubtless, we borrowed the words. See Spel. Gloss. verbo Domicellus. Tidemannus permissi∣one Divina Wigorn. Episcopus dilecto in Christo filio Johanni de Fulwode nostrae Dioc. Domicello, salutem.—Dat. 7 Febr. 19 Rich. 2. Here it is used to a private Gentleman, as Lord of a Mannor.

Dominica in Ramis Palmarum, Palm-Sunday. Md. quod ego Henricus de Erding∣ton feci Homagium & fidelitatem Domino Will. de Stafford apud Bromshulf in Com. Staff. dic Mercurii prox. ante Dominicam in Ramis Pal∣marum, Anno Regni Regis Edw. xxiii, pro terris & tenementis quae teneo in villa de Hun∣stanscote in Com. War. &c.

Domo Reparanda, Is a Writ that lies for one against his neighbor, by the fall of whose House, he fears damage to his own. Reg. of Writs, fol. 153. In which Case, the Civilians have the Action De damno infacto.

Donative (Donativum) Is a Benefice meerly given and collated by the Patron to a Man, without either Presentatiou to, or In∣stitution by, the Ordinary, or Induction by his command. Fitz. Nat. Br. fol. 35. E. See the Stat. 8 Rich. 2. c. 4. And where a Bishop hath the gift of a Benefice, it is properly called a Do∣native, because he cannot present to himself. Petrus Gregorius, de Beneficiis, cap. 11. num. 1. hath these words.—If Chappels founded by Laymen, were not approved by the Diocesan, and (as they term it) spiritualized, they are not ac∣counted Benefices, neither can they be conferred by the Bishop, but remain to the pious disposition of the Founders; wherefore the Founders and their Heirs, may give such Chappels, if they will, without the Bishop. Gwin in the Preface to his Readings, saith, That the King might of ancient time, found a Free-Chappel, and exempt it from the Jurisdiction of the Diocesan: So also may

he, by his Letters Patent, give Licence to a common person to found such a Chappel, and make it Donative, not presentable; and that the Chaplain shall be deprivable by the Found∣er, or his Heir, and not by the Bishop, which seems to be the original of Donatives in Eng∣land. Fitzherbert saith, fol. 23. That there are some Chantries which a Man may give by his Letters Patent. All Bishopricks were, in ancient time, Donative by the King. Coke, lib. 3. fol. 75.

Donor, Is he who gives Lands or Tene∣ments to another in Tail; and Donee is he to whom the same are given.

Doom (Sax. dom) A Judgment, Sentence, Ordinance, or Decree; also sence or significa∣tion. Substantiva quaedam (says Mr. Somner) exeunt in Dom, ubi compositionis gratia videtur appositum, & quandoque munus denotat vel Officium, item Ditionem & Dominium, ut in Kingdom, Earldom, &c.—Habeat Grithbriche & Forstal, & Dom, & Som, & Wreche in Mari. Mon. Angl. 1. par. fol. 284. a.

Dorture (Dormitorium) Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night. Anno 25 Hen. 8. cap. 11.

Dote Assignanda, Is a Writ that lay for a Widow, where it was found by Office, That the Kings Tenant was seised of Tenements in Fee or Fee-tail, at the day of his death; and that he held of the King in Cheif, &c. In which Case, the Widow came into the Chancery, and there made Oath, That she would not marry without the Kings leave. Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Es∣cheator, for which, see Reg. of Writs, fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows. See Widow.

Dote unde nihil habet, Is a Writ of Dower that lies for the Widow, against the Tenant, who bought Land of her Husband in his life time, whereof he was solely seised in Fee∣simple or Feetail, in such sort, as the issue of them both might have inherited. Fitz. Nat. Br. fol 147.

Dotis Admensuratione. See Admea∣surement, and Reg. of Writs, fol. 171.

Doubles (Anno 14 Hen. 6. cap. 6.) Signifie as much as Letters Patent, being a French word made of the Latin Diploma.

Double Plea (Duplex Placitum) Is that wherein the Defendant alleageth for himself two several matters, in Bar of the Plaintiffs Action, whereof either is sufficient to effect his desire, which shall not be admitted for a Plea. As, if a Man alleage several matters, the one nothing depending upon the other, the Plea is accounted Double, and not admittable; but, if they be mutually depending each of other, then is it accounted single. Kitchin, fol. 223. See Brook, hoc tit. And Sir Tho. Smith gives this reason why such Double Plea, is not admitted by our Law; because the tryal is by Twelve rude Men, whose Heads are not to be troubled with over many things at once. Lib. 2. de Rep. Angl. cap. 13.

Domus Conversorum. See Rolls.

Domus Dei, The Hospital of S. Julian in Southampton, so called. Mon. Angl. 2 par. fol. 440. b.

Double Duarrel (Duplex Querela) Is a Complaint made by any Clerk, or other, to the Archbishop of the Province, against an Inferi∣or Ordinary, for delaying Justice in some Cause Eccsesiastical; as to give Sentence, In∣stitute a Clerk presented, or the like; and seems to be termed a Double Quarrel, because it is most commonly made against both the Judge and him, at whose sute Justice is delayed. Cowels Interp.

Dowager (Dotata) A Widow endowed, or that hath a Jointure; a Title or Addition, applied in general to the Widows of Princes, Dukes, Earls, and Persons of Honor onely.

Dower (Dos & Dotarium) The first (Dos) properly signifies that which the Wife brings her Husband in Marriage, otherwise called Maritagium, Marriage Goods. The other, (Do∣tarium or Doarium) that Portion of Lands or Tenements, which she hath for term of her life from her Husband, if she out-live him. Glanvile, lib. 7. cap. 1. Bracton, lib. 2. cap. 38. Britton, cap. 101. in Princip. Some Authors have for distinction, called the First a Dowry, and the other a Dower, but they are often con∣founded. Of the former our Law-books speak little, of the later, there are five kindes, viz.

• 1. Dower per Legem Communem
• 2. Dower per Consuetudinem.
• 3. Dower ex Assensu Patris.
• 4. Dower ad Ostium Ecclesiae.
• 5. Dower de la Plus Bele.

Dower by the Common Law, Is a Third Part of such Lands, as the Husband was sole seised of in Fee, during the Marriage, which the Wife is to enjoy, during her life; for which, there lies a Writ of Dower. Dower by Custom, gives the Wife, in some places, half her Husbands Lands, so long as she lives sole, as in Gavelkind: And as Custom may enlarge, so may it abridge Dower, and restrain it to a fourth part. Ex Assensu Patris, ad Ostium Ecclesiae, the Wife may have so much Dower, as shall be so assigned or agreed upon, but it ought not to exceed a third part of the Hus∣bands Lands. Glanv. lib. 6. cap. 1. And if it be done before Marriage, it is called a Joynture. Dower de la Plus Bele, Is when the Wife is endowed of the fairest, or best part of her Husbands Estate. See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retri∣buere, ideo verbo genuino carent quo hoc dignos∣citur; & rem ipsam in Germanorum moribus miratur Tacitus. Dotem. (inquit) non uxor Marito, sed uxori Maritus affert. Spelm.

To the consummation of Dower three things are necessary, viz. Marriage, Seizin, and the Husbands death. Binghams Case, 2 Rep. If the

Wife be past the age of nine years at the death of her Husband, she shall be endowed; If a Woman elope, or go away from her Husband with an Adulterer, and will not be reconcil'd, she loseth her Dower, by the Stat. of Westm. 2. ca. 34. 2 Part Inst. fol. 433.

Camden (in his Brit. tit. Sussex,) relates this memorable Case, (out of the Parl. Records, 30 Edw. 1.) Sir John Camois, son of the Lord Raph Camois, of his own free-will gave and de∣mised his own Wife Margaret, Daughter and Heir of John de Gaidesden, unto Sir Will. Panell Knight; and, unto the same William, Gave, Granted, Released, and Quit-claimed all her Goods and Chattels, &c. So that neither he himself, nor any Man else in his Name, might make Claim, or ever Challenge any Interest in the said Margaret, or in her Goods or Chat∣tels, &c. By which Grant, when she demanded her Dower in the Mannor of Torpull, part of the Possessions of Sir John Camois her first Husband, there grew a Memorable Sute in Law, but wherein she was overthrown, and Judgment pronounced, That she ought to have no Dower from thence••, upon the Stat. of Westm. 2. Quia recessit a marito suo in vita sua, & vixit ut Adultera cum praedicto Guilielmo, &c. This Case is cited also in 2 Inst. fol. 435.

Of Dower Read Fleta, who Writes largely and Learnedly of it, Lib. 5. ca. 22. & seq.—

Among the Jews, the Bridegroom, at the time of the Marriage, gave his Wife a Dowry Bill, the Form whereof you may see in Moses and Aaron, pa. 235.

Dozein, (Decenna,) In the Stat. for view of Frankpledge, made 18 Ed. 2. one of the Ar∣ticles for Stewards in their Leets to enquire of, is; If all the Dozeins be in the Assize of our Lord the King, and which not, and who received them. Art. 3. See Deciners. Also there is a sort of Devonshire Kersies, called Do∣zens. Anno 5 & 6 Ed. 6. ca. 6.

Drags. Anno 6 Hen. 6. ca. 5. seem to be Wood or Timber, so joyned together, as that, swimming or floating upon the Water, they may bear a burden or load of other Wares down the River.

Drawlatches. Anno 5 Edw. 3. ca. 14. and 7 Rich. 2. ca. 5. Lamb. (in his Eiren. lib. 2. ca. 6.) calls them Miching Thieves; as Wasters and Roberds-men, mighty Thieves; saying the Words are grown out of use.

Dreit-Dreit, Signifies a double-right, that is, Jus possessionis & jus Dominii. Bracton lib. 4. ca. 27. and lib. 4. Tract. 4. ca. 4. and lib. 5. Tract. 3. ca. 5. Coke on Litt. fol. 266.

Drenches, or Drenges, (Drengi) Were Tenentes in Capite, sayes an ancient M. S. Domes∣day Tit. Lestrese. Roger. Pictaviens. Neuton. Hujus Manerii aliam terram 15 homines quos Drenches vocabant, pro 15 Maneriis tenebant. They were (sayes Spelman,) e genere vassal∣lorum non ignobilium, cum singuli qui in Domesd. nominantur singula possiderent Maneria. Such as at the coming in of the Conqueror, being put out of their Estates, were afterward, upon complaint unto him, restored thereunto; for that they being before owners thereof, were neither in auxilio or consilio against him: of which number was Sharneburne of Nōrfolk. Sir Edward Coke, on Littl. fol 5. b. sayes, Dreuchs are Free-Tenants of a Mannor: misprinted doubtless for Drenches. In Cukeney manebat quidam homo, qui vocabatur Gamilbere; & fuit ver us Dreynghe ante Conquestum, tenuit duas Carucatas terrae de Domino Rege in Capite, pro ta∣li servicio, de ferrando Palefridum Dom. Regis su∣per quatuor pedes de Cluario Dom. Regis, quoties∣cunque ad Manerium suum de Mansfeld jacuerit, & si inclaudet Palefridum Domini Regis, dabit ei Palefridum quatuor Mercarum. Mon. Angl. 2. p. fol. 598. a.

Drengage, (Drengagium, vel servitium Drengarii,) The Tenure by which the Drenches held their Lands, of which see Trin. 21 Ed. 3. Ebor. & Nortbumb. Rot. 191. Notandum est, eos omnes eorumve antecessores, qui e Drengo∣rum classe erant, vel per Drengagium tenuere, sua incoluisse patrimonia ante adventum Nor∣mannorum. Spelm.

Drie Exchange, (Anno 3 Hen. 7. ca. 5. (cambium siccum,) Seems to be a cleanly term, invented for the disguising foul Usury; in which something is pretended to pass on both sides, whereas in truth nothing passeth but on the one side, in which respect it may well be cal∣led Dry. Of this Lud. Lopes tract. de Contract. & Negotiat. lib. 2. ca. 1. Sect. Deinde postquam, writes thus, Cambium est reale vel siccum; Cam∣bium reale dicitur, quod consistentiam veri Cam∣bii realem habet, & Cambium per trans, & Cam∣bium minutum. Cambium autem siccum est Cam∣bium non habens existentiam Cambii, sed appa∣rentiam ad instar arboris exsiccatae, quae humore vitali jam carens, apparentiam arboris habet, non existentiam.

Drie rent, rent seck. See Rent.

Drift of the Forest, (Agitatio animalium in Foresta,) Is an exact View, or Examination, what Cattel are in the Forest, that it may be known whether it be over. charged or not, and whose the Beasts are; and, whether they are Commonable Beasts &c. When, how often in the Year, by whom, and in what manner this Drift is to be made, See Manwood, Part. 2. ca. 15. and 4 Inst. fol. 309.

Drinklean, (Sax. drinc-lean,) In some Records written Potura Drinklean; Is a Con∣tribution of Tenants towards a Potation, or an Ale provided to entertain the Lord, or his Steward; a Scot-ale.

Drofdennes,—Quod Dominus debet ha∣bere Drofdennes arbores de crescentia xl. an∣norum & infra. Kane. Pasch. 44 Edw. 3. quaere. Drofdenn, (among our Saxons) signified a Grove, or Woody place, where Cattel were kept; and, the Keeper of them was called Drofman.

Drofland, or Dryfland, (from the Sax. dryfene. i. Driven,) Was antiently a Quit∣rent, or Yearly payment made by some Te∣nants to their Landlords, for driving their Cat∣tel

through the Mannor to Faires and Markets. Mr. Philips Mistaken Recompence, fol. 39.

Droit,, (French, Droict,) In Law there are six kinds of it, viz.

• 1. Jus recuperandi.
• 2. Jus intrandi.
• 3. Jus habendi.
• 4. Jus retinendi.
• 5. Jus percipiendi.
• 6. Jus possidendi.

All these several sorts of rights, following the relations of their objects, are the effects of the Civil Law. Vide Coke on Littl, fol. 266 & 345. b.—Of meer droit, and very right. Anno 27 H. 8. ca. 26.

Droit de Advowzen. See Recto de Advo∣catione Ecclesiae.

Droit close. See Recto clausum.

Droit de Dowre. See Recto dotis.

Droit sur disclaimer. See Recto sur dis∣claimer.

Droit patent. See Recto patens and Cal∣throps Rep. fol. 132.

Duces tecum, Is a Writ, commanding one to appear at a day in the Chancery, and to bring with him some Evidences, or other thing which the Court would view. Which is also granted, where a Sheriff, having in his custody a Priso∣ner in an Action Personal, returns, upon a Ha∣beas Corpus, that he is adeo languidus, that, without danger of death, he cannot have his Body before the Justices. See New Book of Entries on this Word.

Duell, (Duellum, according to Fleta,) Est singularis pugna inter duos ad probandam verita∣tem litis, & qui vicerit, probasse intelligitur, &c. Stat. de Finibus levatis, 27 Edw. 1. The trial by Duel, Combat, or Campfight, in doubtful Ca∣ses is now difused, though the Law on which it was grounded be still in force. See 3 Part. Inst. fol. 221. and see Combat. Per libertatem habe∣re duellum, Johannes Stanley Ar. clamat, quod si aliquis placitaverit aliquent de libero te∣nemento in Curia sua de Aldford per breve Do∣mini Comitis de recto patent. tenere & terminare praedictum placitum per duellum, prout jus est per Communem legem. Plac. in Itin. apud Cestriam 1. 4. Hen. 7.

Stephanus de Nerbona omnibus—Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio & servicio suo, & propter Duellum quod fecit pro me,—Duas virgatus terrae,—Sine Dat. M. S. penes Will. Dugdale, Ar.

Duke, (Lat. Dux, Fr. Duc,) Signified among the ancient Romans, Ductorem exercitus, such as Led their Armies; Since which they were called Duces, to whom the King commit∣ted the Custody or Regiment of any Province. In some Nations at this day the Soveraigns of the Country are called by this Name, as Duke of Russia, Duke of Savoy, &c. In England Duke is the next in Secular Dignity to the Prince of Wales; And, (as Camden says,) Heretofore in the Saxons time, were called Dukes, without any addition, being ineer Offi∣cers and Leaders of Armies. After the Con∣queror came in, there were none of this Title till Edward the Thirds dayes, who made Ed∣ward his Son Duke of Cornwal, after which there were more made, in such sort, as their Titles descended to their Posterity; They were created with Solemnity per cincturam gla∣dii, Cappaeque & circuli aurei in Capite imposi∣tionem. Vide Cam. Britan. p. 166. Zazium de feudis, pa. 4. Num. 7. Cassan. de Consuetud. Burg. pa. 6 & 10. And Ferns Glory of generosi∣ty, pa. 136.

Dutchy-Court, Is a Court wherein all mat∣ters appertaining to the Dutchy, or County-Pa∣latine of Lancaster are decided by the decree of the Chancelor of that Court; the Original of it was in Henry the Fourths days, who, obtaining the Crown by Deposing Richard the Second, and having the Dutchy of Lancaster by Descent, in Right of his Mother, was seized thereof as King, and not as Duke; So that all the Liber∣ties, Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal, and not by Livery or Atturnement, as the Pos∣sessions of Everwick, the Earldom of March, and such others did, which had descended to the King by other Ancestors then the Kings; But, at last, Henry the Fourth, by Authority of Parliament, passed a Charter, whereby the Po∣sessions, Liberties, &c. of the said Dutcky were sever'd from the Crown; yet Henry the Seventh reduced it to its former nature, as it was in Henry the Fifths days. Crom. Jur. fol. 136.

The Officers belonging to this Court, are, the Chancellour, Atturney, Receiver-General, Clerk of the Court, Messenger: Besides which, there are certain Assistants, as one Atturney in the Exchequer, one Atturney of the Dutchy in Chancery, four Persons learned in the Law, re∣tained of Councel with the King in the said Court; whereof Gwin (in Preface to his Rea∣dings,) speaks thus; It grew out of the grant of King Edward the Third, who gave that Dutchy to his Son John of Gant, and endowed it with such Royal Right, as the County Palatine of Che∣ster had. And, for as much as it was afterward extinct in the Person of King Henry the Fourth, by reason of the Union of it with the Crown, the same King (suspecting himself to be more rightfully Duke of Lancaster, then King of Eng∣land,) determined to save his Right in the Dutchy, whatever should befall the King∣dom; and therefore he separated the Dutchy from the Crown, and setled it so in the natural Persons of Himself and his Heires, as if he had been no King or Politic Body at all; In which condition it continued, during the Reign of Henry the Fifth, and Henry the Sixth, that descended from him, But, when Henry the Fourth had, (by recovery of the Crown,) re∣continued the Right of the House of York, he feared not to appropriate that Dutchy to the Crown again; yet so, that he suffer'd the Court and Officers to remain as he found them; In which manner it came, together with the Crown, to Henry the Seventh, who, liking well of

Henry the Fourths Policy, (by whose Right also he obtained the Kingdom,) made a like sepa∣ration of the Dutchy, and so left it to His Po∣sterity, who still injoy it. Cowel.

Dum fuit infra aetatem, Is a Writ, which lies for him, (who, before he came to full age, made a Feoffment of his Land,) to reco∣ver it again from the Vendee. Fitz. Nat. Br. fol. 192.

Dum non fuit compos mentis, He, who being not of found Memory, and Aliens any Lands or Tenements, may have this Writ against the Alience. Fitz. Nat. Brev. fol. 202.

Duplicat, Is used by Crompton for a second Letters Patent, granted by the Lord Chancel∣lour, in a Case wherein he had formerly done the same, and was therefore thought void. Crom. Jurisd. fol. 215. Also a second Letter written and sent to the same party and purpose, as a former, for fear of a miscarriage of the first, or for other reason, is called a Duplicat. The word is used 14 Car. 2. ca. 10.

Duress, (Duritia,) Is, where one is kept in Prison, or restrained of his Liberty, contra∣ry to the Order of Law; or threatned to be kill'd, maym'd, or beaten: And, if such per∣son, so in Prison, or in fear of such Threats, make any Specialty, or Obligation, by reason of such Imprisonment, or Threats, such Deed is void in Law: and, in an Action brought upon such Specialty, the Party may Plead, That it was made by Duresse; and so avoid the Action. Broke in his Abridgment joyneth Dures and Manasse together. i. duritiam & mi∣nas; hardship, and threatnings.

Dyke-reeve, A Bailiff, or Officer, that has the care and over-sight of the Dykes and Draines in Deeping-Fens, &c. mentioned Anno 16 & 17 Car. 2. ca. 11.

E.

EAlderman, or Ealdorman, (Alderman∣nus) Among the Saxons, was as much as Earl among the Danes. Cam. Britan. pa. 107. Also, an Elder, Senator or States-Man; and, at this day we call them Aldermen, who are As∣sociates to the Chief Officer in the Common-Councel of a City, or Borough-Town. 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called. See Alderman.

Earl, (Sax. Eorl, Comes,) This Title, in ancient times, was given to those, who were Affociates to the King in his Councels, and Martial-Actions; And, the manner of their Investiture into that Dignity, was, Por cinctu∣ram gladio Comitatus; without any Formal Charter of Creation. See Mr. Dugdales War∣wickshire, fol. 302. But, the Conquerour, (as Camden notes) gave this Dignity, in Fee, to His Nobles, annexing it to this or that County, or Province; and, allotted them, for their Maintenance, a certain proportion of Money arising from the Princes Profits, for the Plead∣ings, and Forfeitures of the Provinces: For example, he brings an ancient Record in these words; Henricus 2. Rex Angliae, bis verbis Co∣mitem creavit; Sciatis nos fecisse Hugonem Bi∣got Comitem de Norf. &c. de tertio denario de Norwic. & Northfolk; sicut aliquis Comes An∣gliae liberius Comitatum suum tenet. About the Reign of King John, and ever since, our Kings have made Earles by their Charter, of this or that County, Province, or City; but, of late, giving them no Authority over the County, nor any part of the Profits arising by it; onely some Annual Fee out of the Exchequer, &c. The manner of their Creation is, by Girding them with a Sword. Cam. pa. 107. but, see the Solemnity described more at large in Stowes Annals, pa. 1121. Their place is next to a Marquess, and before a Viscount. Comitatus a Co∣mite dicitur, aut vice versa. See more on this Subject in Spelmans Gloss. verbo Comites; and in Seldens Titles of Honour, fol. 676. and see Countee.

Easement, (Aisiamentum, from the French, Aise. i. commoditas,) Is a Service, or Convenience, which one Neighbour has of another by Charter, or Prescription, without Profit; as, a Way through his Ground, a Sink, or such like, Kitchin, fol. 105. Whioh, in the Civil-Law is called Servitus praedii.—Praecipias R. quod juste & sine dilatione permit∣tat habere H. aisimenta sua in Bosco & in pastura de villa illa, &c. Breve Regium vetus, apud Glanvil. lib. 12. ca. 14.

Eberemurder, (Sax. ebere-mord.) A∣pertum Murdrum; Was one of those Crimes, which, by Henry the Firsts Laws, ca. 13. Emen∣dari non possunt. Hoc ex scelerum genere fuit, nullo pretio, (etiam apud Saxones nostros,) ex∣piabilium, cum alia licuit pecuniis commutare. Spelman.

Ecclesia, (Lat.) Is most used for that place where Almighty God is Served, commonly cal∣led a Church. But Fitz. sayes, by this word Ecclesia, is meant onely a Parsonage; and therefore, if a Presentment be made to a Chappel, as to a Church, by the name Eoclesia, this does change the nature of it, and makes it presently a Church. Nat. Br. 32. When the Question was, Whether it were Ecclesia aut Capella pertinens ad matricem Ecclesiam; The issue was, Whether it had Baptisterium & Se∣pulturam: for, if it had the Administration of Sacraments and Sepulture, it was in Law judg∣ed a Church. Trin. 20 Edw. 1. in banco, Rot. 177. 2 Inst. fol. 363.

Ecclesiastical Persons, Are, either Regu∣lar, or Secular; Regular are such as lead a Mo∣nastical Life, under certain Rules; and, have Vowed Obedience, perpetual Chastity, and wil∣fal Poverty: When a Man is Professed in any of the Orders of Religion, he is said to be a Man of Religion, a Regular, or Religious; of this sort are Abbots, Priors, Monks, Friers, &c. Secular are those, whose ordinary Conversation is among Men of the World, and Profess the

Undertaking the Charge of Souls, and live not under the Rules of any Religious Order; such, are Bishops, Parish-Priests, &c.

Eele fares, alias Eele vare, (Anno 2. 5. H. 8.) The Fry, or Brood of Eeles.

Effractores, (Lat.) Burglars, that break open Houses to steal. Qui furandi causa do∣mos effringunt, vel se 〈◊〉〈◊〉 carcere proripiunt; Eti∣am qui scrinia expoliant. MS.

Egyptians, (Aegyptiani) Are, in our Statutes, a Counterfeit kind of Rogues; who, being English or Welsh People, disguise them∣selves in strange habits, smearing their faces and bodies, and framing to themselves an un∣known Canting Language, wander up and down; and, under pretence of Telling Fortunes, Cu∣ring Diseases, and such like, abuse the Com∣mon-people, by stealing all that is not too hot, or too heavy for their carriage. Anno 1 & 2 Phil. & Ma. ca. 4. Anno 5 Eliz. ca. 20. These are like those whom the Italians call Cin∣gari.

Ejectione custodiae, Ejectment de gard, Is a Writ, which lay properly against him that did cast out the Gardian from any Land, during the Minority of the Heir. Reg. of Writs, fol. 162. Fitz. Nat. Br. fol. 139. There are two other Writs not unlike this, the one termed Droit de gard, or, Right of gard; the other Ravish∣ment de gard, which see in their places.

Ejectione firmae, Is a Writ, which lies for the Lessee for years, who is ejected before the expiration of his term, either by the Lessor, or a stranger. Reg. of Writs, fol. 227. Fitz. Nat. Br. fol. 220. See Quare ejecit infra ter∣minum, and New Book of Entries, verbo Ejectio∣ne firmae.

Eigne, (French, Aisne,) Eldest, First-born. As Bastard eigne & mulier puisne. Litt. Sect. 399. See Mulier.

Einecia, (borrowed of the French, Aisne i. Primogenitus,) signifies Eldership. Stat. of Ireland, 14 Hen. 3. Of this read Skene, verbo Eneya. And see Esnecy.—Eyniciam filiam suam maritare; to Marry his eldest Daugh∣ter.

Eire, alias Eyre, (from the old French word Erre. i. Iter, as a grand erre. i. magnis itineribus,) Signifies the Court of Justices Iti∣nerant; For Justices in Eyre are those whom Bracton in many places calls Justiciarios Itine∣rantes. The Eyre of the Forest is the Justice Seat, otherwise called; which, by ancient Cu∣stom, was held every three years by the Justi∣ces of the Forest, journying up and down to that purpose. Bracton. lib. 3. Tract. 2. ca. 1 & 2. Britton. ca. 2. Cromp. Jur. fol. 156. Manwood par. 1. pa. 121. Read Skene, verbo, Iter; where∣by, as by many other places, you may see great affinity between these two Kingdoms in the Ad∣ministration of Justice and Government. See Justice in Eyre.

Election, (Electio,) Is, when a Man is left to his own Free-will, to take or do one thing or another, which he pleaseth. In case an Ele∣ction be given of two several things, he who is the first agent, and ought to do the first act, shall have the Election: As if a man make a Lease, rendring a Rent, or a Robe, the Lessee shall have the Election, as being the first agent, by payment of the one, or delivery of the other. Coke on Litt. pa. 144. b.

Election de Clerk, (Electione clerici) Is a Writ that lies for the choice of a Clerk, assign∣ed to take and make Bonds, called Statute-Merchant; and is granted out of the Chancery, upon suggestion, that the Clerk formerly Assign∣ed is gone to dwell in another place, or hath impediments to follow that business,; or, not Land sufficient to answer his transgression, if he should deal amiss, &c. Fitz, Nat. Br. fol. 164.

Elegit, (from the words in it Elegit sibi li∣berari,) Is a Writ Judicial, and lies for him that hath recover'd Debt or Damages, or upon a Recognizance in any Court, against one not able in his Goods to satisfie, and directed to the Sheriff, commanding him to make delivery of half the Parties Lands, and all his Goods; Oxen and Beasts for the Plough excepted. Old. Nat. Br. fol. 152. Reg. of Writs, fol. 299, and 301. and the Table of the Reg. Judicial, wh••ch expresseth divers uses of this Writ. The Creditor shall hold the Moity of the said Land so delivered to him, till his whole Debt and Dammages are satisfy d; and, during that term he is Tenant by Elegit. Westm. 2. cap. 18. See Coke on Litt. fol. 289. b.

Elk, A kind of Ewe to make Bows, Anno 33 Hen. 8. ca. 9.

Eloine, (from the French, Esloigner; to remove, banish, or send a great way from,)—If such as be within Age be Eloined, so that they cannot Sue Personally, their next Friends shall be admitted to Sue for them. Anno 13 Edw. 1. ca. 15.

Elopement, Is, when a Marryed Woman of her own accord departs from her Husband, and lives with an Adulterer; whereby, without voluntary submission, or reconcilement to her Husband, she shall lose her Dower, by the Stat. of Westm. 2. ca. 34. according to this old Dy∣stich,

Sponte virum mulier fugiens, & Adultera facta, Dote sua careat, nisi sponso sponte retracta.

A Woman, thus leaving her Husband, is said to Elope, and her Husband in this case shall not be compell'd to allow her any Alimony. See Alimony. I am perswaded the word is taken from the Saxon geleowan. i. To depart from one place to dwell in another, the Saxon w be∣ing easily mistaken for a p.

Emblements, (from the French, Embl••∣vence de bled. i. Corn sprung, or put up above ground,) Signifies strictly the Profits of Land which has been Sowed; but, the word is some∣times used more largely, for any Profits that arise and grow naturally from the Ground, as Grass, Fruit, Hemp, Flax, &c. If Tenant for Life sow the Land and die, his Executor shall

have the Emblements, and not he in reversion; But, if Tenant for years sow the Land, and before severance the term expires, there the Lessor, or he in reversion shall have the Em∣blements, and not the Lessee. Vide Coke. lib. 11. fol. 51.

Embraceor, (Anno 19 Hen. 7. ca. 13.) Is he, that, when a Matter is in Trial between Party and Party, comes to the Bar with one of the Parties, (having receiv'd some Reward so to do,) and speaks in the Case, or privately labors the Jury, or stands there to survey, or over-look them, whereby to awe, or put them in fear. The Penalty whereof is 20 l. and Im∣prisonment at the Justices discretion, by the said Statute.

Embracery, Is the Act or Offence of Em∣braceors. To instrnct the Jury, or promise re∣ward for, or before appearance, is Embracery. Noys Rep. fol. 102.

Embre, or Embring-dayes, (Anno 2 & 3 Edw. 6. ca. 19.) Are those, which the ancient Fathers called Quatuor tempora, and are of great Antiquity in the Church, being ob∣serv••d on Wednesday, Friday and Saturday next after Quadragesima Sunday, Whitsunday, Holy∣rood day in September, and St. Lucy's day in December; and, are so called from the Saxon ymb-ren. i. cursus vel circulus; because con∣stantly observ'd at set seasons in the course or Circuit of the Year. They are mention'd by Britton, ca. 53. and others. In 3 Part. Inst. fol. 200. it is said, These Embring dayes are the week next before Quadragesima, which is a great mistake.

Emendals, (Emenda,) Is an old word, still used in the Accounts of the Inner-Temple; where, so much in Emendals at the fcot of an Account, signifies so much in the Bank or Stock of the House, for Reparation of Losses, or other emergent occasions; Quod in restaura∣tionem damni tribuitur, says Spelman.

Empanel, (Ponere in Assisis & Juratis,) Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule, or Roll of Paper, by the Sheriff, whom he has Sum∣mon'd to appear for the performance of such Publick Service, as Juries are employ'd in. See Panel.

Emparlance, (From the French, Parler, to speak,) Signifies a Desire or Petition in Court of a Day to pause, what is best to do; (the Civilians call it, Petitionem induciarum.) Kitchin, (fol. 200.) says, If he imparl, or pray continuance, &c. where praying continuance is spoken interpretatively; and fol. 201. mentions imparlance general and special; The first seems to be that, which is made onely in one word, and in general terms: Emparlance special, where the Party requires a Day to deliberate; adding also these words, Saluis omnibus ad∣vantagiis tam ad jurisdictionem Curiae, quam ad breve & narrationem—or such like. Britton useth it for the conference of a Jury upon the Cause committed to them, ca. 53. See Im∣parlance.

Encheson, (French,) Signifies occasion, cause, or reason, wherefore any thing is done. 50 Ed. 3. ca. 3. See Skene in hoc verbum.

Encroachment, or Accroachment, (Fr. Accrochement. i. A grasping, or hooking,) Signifies an unlawful encroaching, or gathering in upon another man; As, if two mens Grounds lying together, the one presseth too far upon the other; or, if a Tenant owe two shillings Rent-service, and the Lord exacts three. So Hugh and Hugh Spencer encroached unto them Royal Power and Authority. Anno 1 Edw. 3. in Proaem.

Enditement, (Indictamentum, from the French, Enditer. i. Deferre nomen alicujus,) Is a Bill or Declaration drawn in form of Law, for the benefit of the Common-wealth, and exhibited by way of Accusation against one for some offence, either Criminal or Penal, and preferred unto Jurors, and, by their Verdict found, and Presented to be true before a Judge or Officer that has power to punish, or certifie the Offence. An Inditement is alwayes at the Sute of the King, and differs from an Accusati∣on in this, That the Preferrer of the Bill is no way tied to the Proof of it, upon any Penalty, except there appear conspiracy. See Stamf. pl. Cor. lib. 2. ca. 23. us{que} 34. Enditements of Treason, and of all other things ought to be most curiously and certainly penned. Coke. 7. Rep. Calvins Case. The day, year and place must be put in. See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst. fol. 134.

Endowment, (Dotatio,) Signifies the bestowing or assuring of a Dower. See Dower. But, it is sometimes used Metaphorically, for the setting forth or severing a sufficient porti∣on for a Vicar towards his perpetual mainte∣nance, when the Benefice is appropriated. See Appropriation, and the Stat. 15 Rich. 2. ca. 6.

Endowment de la plus belle part, Is, where a man dying seized of some Lands hol∣den in Knights-service, and other some in Soc∣cage, the Widow is sped of her Dower, in the Lands holden in Soccage, as being the fairer or better part. Of which see Lattleton at large, lib. 1. cap. 5.

Enfranchise, (French, Enfranchir,) To make Free, to Incorporate a man into any So∣ciety or Body Politic, to make one a Free De∣nizen.

Enfranchisement, (French,) Signifies the Incorporating a Man into any Society or Body Politick; For example, he that by Charter is made Denizen of England, is said to be En∣franchised; and so is he that is made a Citizen of London, or other City, or Burgess of any Town Corporate; becaufe he is made parta∣ker of those Liberties that appertain to the Corporation, whereinto he is Enfranchised. So a Villain was Enfranchised, when he was made Free by his Lord.

Englecerie, Englecherie, or Engleschyre (Engleceria) Is an old abstract word, signify∣ing the being an Englishman. For example, if

a Man were privily slain or murdered, he was in old time accounted Francigena, (which com∣prehended every alien, especially Danes) until Englecerie was proved, that is, until it were made manifest, that he was an Englishman. Bracton, lib. 3. tract. 2. cap. 15. num. 3.

This Englecery (for the abuses and troubles that afterward were perceived to grow by it) was absolutely taken away, by Stat. 14 Edw. 3. cap. 4.

Enheritance. See Inheritance.

Enitia pars. See Esnecy.

Enquest, Fr. (Lat. Inquisitio) Is especially, taken for that Inquisition of Jurors, or by Jury, which is the most usual tryal of all Causes, both Civil and Criminal in this Realm. For in Causes Civil, after proof is made on either side, so much as each party thinks good for himself, if the doubt be in the fact, it is re∣ferred to the discretion of Twelve indifferent Men, impannelled by the Sheriff for the pur∣pose; and as they bring in their Verdict, so Judgment passeth: For the Judge saith, the Jury findes the Fact thus, then is the Law (if their Verdict do not contradict it) thus, and so we judge. As to the Enquest in Causes cri∣minal, see Jury, and see Sir Tho. Smith de Re∣pub. Angl. lib. 2. cap. 19. An Enquest is either of Office, or at the Mise of the party. Stamf. Pl. Cor. lib. 3. cap. 12.

Entail (Feudum talliatum, Fr. Entaille, i. inscisus.) Is a Substantive Abstract, signifying Fee-tail or Fee entailed; that is abridged, cur∣tailed, or limited, and tied to certain condi∣tions. See Fee and Tail.

Entendment (Fr. Entendement) Signifies as much as the true meaning, intent, or signifi∣cation of a Word, Sentence, Law, &c. See Kitchin, fol. 224. See Intendment.

Enterplede (Fr. Entreplaider) Signifies to discuss or try a Point incidently falling out, before the Principal Cause can be determined. For example, Two persons being found Heirs to Land by two several Offices in one County, the King is brought in doubt, to which of them, Livery ought to be made; therefore before Livery be made to either, they must Enterplede, that is formally try between themselves, who is the right heir. Stamf. Praerog. cap. 12. See Broke tit. Enterpleder.

Entiertie or Intiertie (From the Fr. En∣tierete, 〈◊〉〈◊〉. Entireness) The whole: Contradistin∣guished in our Books to Moity.

Entire Tenancy, Is contrary to Several Tenancy, and signifies a sole possession in one man, whereas the other signifies a joynt or com∣mon one in more. See Broke Several Tenancy. See New Book of Entries, verbo Entier-te∣nancy.

Entrie (Fr. Entree, i. Introitus, ingnessus) Properly signifies the taking possession of Lands or Tenements. See Plowden, Assize of Fresh∣force in London, fol. 93. b. It is also used for a Writ of Possession, for which see Ingressu; and read West, pa. 2. Symbol. tit. Recoveries, sect. 2, 3. who there shews for what it lies, and for what not. Of this Britton in his 114 Chapter writes to this effect. The Writs of Entry savor much of the Right of Property. As for exam∣ple, some are to recover Customs and Services, in which are contained these two words (solet & debet) as the Writs Quo Jure, Rationabilibus Di∣visis, Rationabili Estoverio, with such like. And in this Plee of Entry there are three degrees: The first is, where a Man demands Lands or Tenements of his own Seisin, after the term expired; the second is, where one demands Lands or Tenements, let by another, after the Term expired; the third, where one demands Lands or Tenements of that Tenant, who had Entry by one, to whom some Ancestor of the Plaintiff did let it for a Term now expired. According to which degrees, the Writs, for more fit remedy, are varied. And there is yet a fourth form, which is without degrees, and in case of a more remote Seisin, whereunto the other three degrees do not extend. The Writ in the second degree is called a Writ of Entry In le Per; in the third degree, a Writ of Entry In le per & cui; and in the fourth form without these degrees, it is called a Writ of Entry In le post; that is, after the Disseisin, which such a one made to such a one. And if any Writ of Entry be conceived out of the Right Case, so that one form be brought for another, it is abateable.

In these four degrees, are comprehended all manner of Writs of Entry, which are without certainty and number. Thus far Britton, by whom you may perceive, that those words Solet & debet, and those other, In le per, in le per & cui, and In le Post, which we meet with many times in Books shortly and obscurely mention∣ed, signifie nothing else but divers Forms of this Writ, applied to the Case, whereupon it is brought, and each Form taking its name from the words contained in the Writ. And of this read Fitz. Nat. Br. fol. 193.

This Writ of Entry differs from an Assize, because it lies for the most part against him, who entred lawfully, but holds against Law; where∣as an Assize lies against him that unlawfully disseised; yet sometimes a Writ of Entry lies upon an Entrusion. Reg. of Writs, fol. 233. b. See the New Book of Entries, verbo Entre Br••∣vis, fol. 254. col. 3. There is also a Writ of En∣try in the nature of an Assize. Of this Writ, in all its degrees, see Fleta, lib. 5. cap. 34. & seq.

Entrusion (Intrusio) Is a violent or unlaw∣ful entrance into Lands or Tenements (void of a Possossor) by him that hath no right at all to them. Bracton, lib. 4. cap. 2. For example, a Man steps into Lands, the owner whereof lately died, and the right heir, neither by himself or others, hath as yet taken possession of them. See the difference between Abator and Intrudor, in Coke on Littl. fol. 277. Though the New Book of Entries, fol. 63. C. latines Abatement by this word Intrusionem. See A∣batement, see Disseisin, and Britton, cap. 65. En∣trusion is also taken for the Writ brought

against an Intrudor, which see in Fitz. Nat. Br. fol. 203.

Entrusion de Gard, Is a Writ, that lies, where the Infant within age, entred into his Lands, and held his Lord out. For in this Case, the Lord shall not have the Writ De Communi custodia, but this. Old Nat. Br. fol. 90.

Envoice. See Invoice.

Enure, Signifies to take place or effect, to be available. Example, A Release shall Enure by way of extinguishment. Littleton, cap. Re∣lease. And a Release, made to a Tenant for term of life, shall Enure to him in the Re∣version.

Eques Auratus (Lat.) A Knight, so cal∣led, because anciently it was lawful for Knights onely to beautifie and gild their Armor, and Caparisons for their Horses with Gold. Fern's Glory of generosity, pag. 102. Eques Auratus is not used in Law; but Chivalier or Miles. Cokes 4 Inst. fol. 5.

Equity (Equitas) Is the Correction or Qualification of the Law, generally made, in that part wherein it faileth, or is too severe. For, Ad ea quae frequentiùs accidunt jura adap∣tantur: As, where an Act of Parliament is made, That whosoever does such a thing, shall be a Felon, and suffer Death, yet if a Mad∣man, or an Infant of tender years do the same, they shall be excused. Breaking of Prison, is Felony, in the prisoner himself, by the Statute De Frangentibus Prisonam; yet if the Prison be on fire, and they within break Prison to save their lives; this shall be excused by the Law of Reason. So to save my life, I may kill another that assaults me.

Erminstréet. See Watlingstreet.

Errant (Errans) Is attributed to Justices of Circuit. Pl. Cor. fol. 15. and Bailiffs at large. See Justices in Eyre, and Bailiff. See Eyre.

Errour (Error) Signifies more specially an Error in Pleading, or in the Proces. (Broke, tit. Errour.) Whereupon, the Writ, which is brought for remedy of this over-sight, is cal∣led a Writ of Error, in Latin, De Errore Corri∣gendo, thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record, as in the Common Bench, London, or other City, having power (by the Kings Charter, or Prescription) to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice, which they call Proposition d'Erreur; whereof you may read in Gregorius de Appell. pag. 36. In what diversity of Cases this Writ lies, see the Statute of 27 Eliz. cap. 9. R••g. of Writs in the Table, and Reg. Judicial, fol. 34. There is likewise a Writ of Error to Reverse a Fine, West, par. 2. Symbol. tit. Fin••s, 151. New Book of Entries, verbo Error. For preventing A∣batements of Writs of Error upon Judgments in the Exch••qu••r, see 16 Car. 2. cap. 2. and 20 Ejusdom, cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries, the Statute of 23 Eliz. cap. 3. for Inrolling them.

Errore corrigendo. See Error.

Escambio (from the Span. Cambiar, to change) Is a Licence granted to one, for the making over a Bill of Exchange to another over Sea. Reg. of Writs, fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange, or return Money beyond Sea without the Kings License.

Escape (from the Fr. Eschapper, i. Effugere) Signifies a violent or privy evasion out of some lawful restraint. For example, if the Sheriff, upon a Capias directed to him, take one, and endeavor to carry him to the Goal, and he by the way, either by violence or slight, breaks from him; this is called an Escape. Stamf. (lib. 1. cap. 26 & 27. Pl. Cor.) names two kindes of Escape; voluntary and negligent. Voluntary, is when one Arrests another for Felony, or other crime, and afterward lets him go: In which Eseape, the party that permits it, is by Law guilty of the fault committed by him that escapes, be it Felony, Treason, or Trespass. Negligent Escape is, when one is Arrested, and afterward escapes against his will that arrested him, and is not pursued by fresh suit, and taken again, before the party pursuing hath lost the sight of him. Read Cromptons Justice, fol. 36.

Eschange or Exchange (Escambium)—Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton, & ipsum Scambium valet duplum. Domesday. See Exchange.

Escheat (Esehaeta, from the Fr. Escheoir, i. cadere, accidere) Signifies any Lands, or other profits, that casually fall to a Lord within his Mannor, by way of Forfeiture, or by the Death of his Tenant, leaving no Heir general nor special; Mag. Charta, cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit, in which the King or other Lord hath Escheats of his Tenants. Bracton, lib. 3. tract. 2. cap. 2. Pupilla ocull par. 2. cap. 22. Escheat (thirdly) is used for a Writ, which lies, where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord, dies seised without Heir general or special: In which case the Lord brings this Writ against him that possesseth the Lands, after the death of his Tenant, and shall thereby recover the same in lieu of his servi∣ces. Fitz. Nat. Br. fol. 144. In the same sence, as we say, The Fee is Escheated, the Feudists use Feudum Aperitur. See Coke on Littl. fol. 92. b.

Escheator (Escaetor) Was an Officer (ap∣pointed by the Lord Treasurer) who observed the Escheats due to the King in the County, whereof he was Escheator and certified them into the Chancery or Ex••hequer, and found Offices after the Death of the Kings Tenants, which held by Knights-service in Capite, or otherwise by Knights-service; he continued in his Office but one year, nor could any be Es∣cheator above once in three years, Anno 1 H. 8.

cap. 8. & 3 Ejusdem, cap. 2. See more of this Officer, and his Authority, in Crom. Just. of Peace. Fitzberbert calls him an Officer of Re∣cord, Nat. Br. fol. 100. because that which he certified by vertue of his Office, had the cre∣dit of a Record. Officium Escaetriae, is the Es∣cheatorship. Reg. of Writs, fol. 259. b. This Office, having its cheif dependence on the Court of Wards, is now, in a manner, out of date. See 4 Inst. fol. 225.

Escbequer (Scaccarium, from the Fr. Es∣chequier, i. Abacus, tabula lusoria) Is a Court of Record, wherein all Causes touching the Revenue of the Crown, are heard and deter∣mined, and wherein the Revenue of the Crown is received. Pol Virgil, lib. 9. Hist. Angl. says, the true word in Latin is Statarium, and by abuse called Scaccarium. Camden in his Bri∣tan. pa. 113. saith, This Court, or Office, took name A Tabula ad quam Assidebant, the Cloth which covered it, being parti-coloured or Chequered. We had it from the Normans, as appears by the Grand Custumary, cap. 56. where it is thus described, The Eschequer is called an Assembly of High Justiciers, to whom it ap∣pertains to amend that which the Bailiffs, and other Inferior Justiciers, have misdone, and unadvisedly judged, and to do right to all men without delay, as from the Princes Mouth.

This Court consists of two parts, whereof one is conversant, especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers, anciently called Scacca∣rium Computorum; the other is called the Re∣ceipt of the Exchequer, which is properly em∣ployed in the receiving and payment of Money. The Officers belonging to both these, you may finde named in Cam. Brit. cap. Tribunalia An∣gliae, to whom I refer you. The Kings Ex∣chequer, which now is setled at Westminster, was in divers Counties of Wales. Anno 27 Hen. 8. cap. 5. & 26. See Orig. Juridiciales, fol. 49. and 4 Part. Inst. fol. 103.

Escuage (Scutagium, from the Fr. Escu, i. a Buckler or Shield) Signifies a kinde of Knights-service, called Service of the Shield; the Tenant, holding by it, was bound to fol∣low his Lord into the Scotish or Welsh Wars, at his own charge. For which see Chivalry. Escuage is either uncertain or certain. Escuage uncer∣tain, is properly Escuage and Knights-service, being subject to Homage, Fealty, and (hereto∣fore) Ward and Marriage; so called, because it was uncertain how often a man should be cal∣led to follow his Lord into those Wars, and what his charge would be in each journey. Escuage certain, is that which yearly pays a cer∣tain Rent in lieu of all Services, being no fur∣ther bound, then to pay his Rent, be it a Knights Fee, half, or the fourth part of a Knights Fee, according to the quantity of his Land; and this loseth the nature of Knights-service, though it hold the name of Escuage, being in effect Soccage. Fitz. Nat. Br. fol. 84. This is taken a∣way and discharged by Act of Parliament, 12 Car. 2. cap. 24. See Capite.

Eskippeson. Shipping. Cesie Endenture faite parentre lui noble home Mons. Thomas Beau∣champ Counte de Warwyke d'une parte & John Russell Escuier d'autre parte, Tesmoigne, &c. Et que le dit John aura Eskypesoun covenable pour son passage & repassage outre meer, as cusiages le dit Counte, &c. done a Warwyke. 2 Jan. 50 Edw. 3.

Esnecy (Aeisnecia, Fr. Aisneesse, i. Dig∣nitas Primogeniti) Is a Prerogative allowed the eldest Coparcener to chuse first after the Inhe∣ritance is divided. Fleta, lib. 5. cap. 10. sect. In Divisionem. Salvo capitali Mesuagio primogenito Filio pro dignitate Aeisneciae suae. Glan••. lib. 7. cap. 3. Jus Esnetiae, i. Jus Primogeniturae. In the Statute of Marlbridge, cap. 9. it is called Initia pars Haereditatis. See Coke on Lattl. fol. 166. b.

Esples (Expletia, from Expleo) Are the full Profits, which the Ground or Land yields, as the Hay of the Meadows, the Feed of the Pasture, the Corn of the Arable, the Rents, Services, and such like Issues. The Profits comprised under this word, the Romans proper∣ly call Accessiones.

Note, that in a Writ of Right of Land, Advowson, or such like, the Demandant ought to alleage in his Court, That he or his Ance∣stors took the Esplees of the thing in demand, else the Pleading is not good. T. Ley.

Espervarius, and Sparverius (Fr. Esper∣vier,) A Spar-Hawk. Char. Foresta, cap. 14.—Reddit. solut. Willielmo Talboys Arm. ad Manerium suum de Kyme pro omnibus serviciis secularibus unum Espervarium vel 2 s. per an∣num ad Festum Sancti Mich. &c. Comput. Davidis Gefferon Collect. Redd. de Wragby. Anno 35 Hen. 6.—Dicunt quod Ricardus de Herthall die quo obiit tenuit Manerium de Poley in Com War. in Dominico suo ut de feodo per fide∣litatem & servitium unius Espervarii vel 2 s. ad Festum S. Jacobi, &c. Esc. de Anno 19 Edw. 2. num. 53.

Esquier, Was originally he, who attending a Knight in time of War, did carry his Shield, whence he was called Escuier in French, and Scutifer or Armiger in Latin: Howbeit this Addition hath not of long time had any respect at all to the Office, or employment of the per∣son to whom it hath been attributed, but been meerly a title of dignity; and next in degree below a Knight. Those to whom this title is now of right due, are, All the Younger Sons of Noblemen, and their Heirs-male for ever: The Four Esquiers of the Kings Body; the Eldest Sons ot all Baronets; so also of all Knights of the Bath, and Knights Batchelors, and their Heirs∣male in the right Line: Those that serve the King in any Worshipful Calling (to use Camdens words) as the Serjeant Chirurgeon, Serjeant of the Ewry, Master Cook, &c. Such as are created Esquiers by the King, with a Collar of S. S. of Silver, as the Heraulds and Serjeants at Ar〈…〉〈…〉 The cheif of some ancient Families, are like∣wise Esquiers by Preseription; those that hear any Superior Office in the Commonwealth, as High Sheriff of any County, who retains the title of Esquire during his life, in respect of

the great trust he has had, of the Posse Comita∣tus; He, who is a Justice of Peace has it, during the time he is in Commission, and no longer; if not otherwise qualify'd to bear it: Vtter Barrasters, in the late Acts of Parliament for Pol-Money, were ranked among Esquires, and so wete many wealthy Men, (by reason they were commonly reputed to be such,) and paid accordingly: In Walsinghams History of Rich∣ard the Second, we read of one John Blake, who is said to be Juris Apprenticius, and has the Addition of Scutifer there given him; but, whether intituled thereto by reason of that his Profession, or otherwise, does not appear. See Camd. Brit. fol. 111. And 2 Inst. fol. 595.

A Principe fiunt Armigeri vel scripto vel Sym∣bolo vel munere. Scripto, cum Rex sic quempiam constituerit. Symbolo, quum collum ergo alicujus argenteo sigmatico (hoc est torque ex SS confecto) adornaberit, eumve argentatis cal∣caribus (ad discrimen equitum, qui aureis usi sunt) donavorit. Tales in occidentali Angliae plaga (ut aliquando didici in conventu rei an∣tiquae studiosorum) White spurrs dicti sunt. Munere, cum ad munus quempiam evocaverit, vel in Aula vel in Reipub. Armigerō designa∣tum: cujusmodi multa hodie, patribus nostris in∣cognita. Inter Armigeros qui fiunt (non nas∣cuntur) primarii habentur quatuor illi Armigeri ad Corpus Regis (Esquires of the Body;) quos & Equitum filiis primogenitis anteponendos asserunt. Thus the Learned Spel. in whose Glossarium you may find mention of another species of Esquires, viz. Squier born de qua∣ter Cotes.

OMnibus—Walterus de Pavely miles filius quondam Reginaldi de Pavely salutem. No∣vertitis me obligari Rogero Marmion filio quondam Philippi Marmion omnibus diebus vitae suae in una Roba cum pellura de secta Armigerorum meorum annuatim ad Festum Nativitatis Domini percipiend. sine aliqua contradictione vel retractio∣ne mei vel haeredum meorum aut assignatorum. Ad quam quidem solutionem Robae praedictae cum pellura annuatim ad terminum supradictum fide∣liter persoluendum obligo me & haredes meos, bo∣na & catalla nostra mobilia & immobilia ubi∣cunque fuerint inventa in maneriis meis in Hun∣dredo de Westbury existentibus vel extra, &c. sine dat. Ex codice M. S. penes Gul. Dug∣dale Arm.

Essendi quietum de Tolonio, Is a Writ that lies for Citizens and Burgesses of any City or Town that have a Charter or Prescription to exempt them from paying Toll through the whole Realm, if it chance that the same is any where exacted of them. Fitz. Nat. Br. fol. 226.

Essoin, (Essonium, from the Fr. Essonie, or Exonnie. i. Causarius miles, he that has his presence forborn or excused upon any just cause, as sickness or other impediment,) Sig∣nifies an alleadgment of an Excuse for him that is summon'd, or sought for to appear and an∣swer to an Action real, or to perform Sure to a Court-Baron upon just Cause of absence: It is as much as excusatio with the Civilians. The causes that serve to Essoin any Man Summon'd, are divers, yet drawn to five Heads, whereof the First is ultra mare; the Second, de terra sancta; the Third, de malo veniendi, which is also called the common Essoin; the Fourth is de malo lecti; the Fifth de servitio Regis. For further knowledge of these, I refer you to Glanvile, lib. 1. Bracton. lib. 5. tract. 2. per totum. Britton, ca. 122—125. and to Horns Mirror, lib. 7. ca. des Essoins, who mentions some more Essoins, touching the Service of the King Celestial, then the rest do. Of these Es∣soins you may read further in Fleta, lib. 6. ca. 8. & seq. and, that these came to us from the Ci∣vil-Lawes and the Normans is well shewed by the grand Custumary, where you may find in a manner all that our Lawyers say of this matter, ca. 39. to 45.

Essoins and Profers, Anno 32 Hen. 8. ca. 21. See Profer.

Essonio de malo lecti, Is a Writ directed to the Sheriff, for sending four lawful Knights to view one that has Essoined himself de malo lecti. Reg. of Writs, fol. 8. b.

Establishment of Dower, Seems to be the assurance or settlement of Dower, made to th Wife by the Husband, or his Friends, before or at Marriage. And Assignment is the setting it out by the Heir afterwards, according to the Establishment. Britton. ca. 102, 103.

Estandard, or Standard, (Fr. Estandart. i. Signum, vexillum,) An Ensign for Horse∣men in War, and is commonly that of the King, or Chief General: But, it is also used for the Principal or Standing-Measure of the King, to the scantling whereof all the Measures throughout the Land, are, or ought to be fra∣med by the Clerks of the Market, Aulneger, and other Officers, according to their several Offices; For it was established by Magna Charta, 9 Hen. 3. ca. 9. That there should be but one scantling of Weights and Mea∣sures through the whole Realm; which was confirm'd by the. Stat. 14 Edw 3. ca. 12. From henceforth there shall be one Weight, one Measure, and one Yard, according to the Standard of the Exchequer throughout all the Realm. 17 Car. 1. ca. 19. It is called a Standard with good reason, because it stands constant and immoveable, and hath all other Measures coming towards it for their Confor∣mity, as Souldiers in the field have their Standard or Colours to repair to. Of these Measures read Britton, ca. 30.

Estate, (Fr. Estat. i. Conditio,) Signifies especially that Title or Interest which a Man hath in Lands or Tenements, as Estate simple, otherwise called Fee simple, and Estate conditi∣onal, or upon condition, which is (according to Litt. lib. 3. ca. 5.) either upon Condition in Deed, or upon Condition in Law; The first is,

where a Man by Deed indented, infeoffs another in Fee, reserving to him and his heires yearly a certain Rent, payable at one Feast or at di∣vers, upon condition, that if the Rent he be∣hind, &c. it shall be lawful for the Feoffer and his heirs to enter—Estate upon condition in Law, is such, as hath a Condition in Law annex∣ed to it, though it be not specify'd in writing: For example, if a Man grant to another by his Deed, the Office of a Parker, for life; This Estate is upon condition in the Law, or imply'd by Law, viz. If the Parker so long shall well and truly keep the Park, &c. We read also of an Estate particular, which is an Estate for life, or for years. Perkins, Surrenders 581.

Esterling. See Sterling.

Estopel, (from the Fr. Estouper. i. Oppi∣lare, Obstipare,) Is an impediment, or bar of an Action, growing from his own Fact, who hath, or otherwise might have had his Action; For example, a Tenant makes a Feoffment by collu∣sion to one, the Lord accepts the Services of the Feoffee, by this he debars himself of the Wardship of his Tenants heir. Fitz. Nat. Br. fol. 142. k. And Broke, hoc titulo. Coke lib. 2. Casu Goddard, defines an Estopel to be a bar or hindrance to one to plead the truth, and re∣strains it not to the impediment given a man by his own act onely, but by anothers also. Lib. 3. Case of Fines, fol. 88. There are three kinds of Estopel, viz. By matter of Record, by matter in Writing, and by matter in Paiis; Of which see Coke on Litt. fol. 352. a.

Estovers, (Estoveria, from the Fr. Estou∣ver. i. Fovere,) Signifies nourishment, or maintenance: Bracton. (lib. 3. tract. 2. ca. 18. num. 2.) uses it for that sustenance, which a man, apprehended for Felony, is to have out of his Lands or Goods for himself and his Family, during his Imprisonment; And the Stat. 6 Ed. 1. ca. 3. useth it for an allowance in meat or cloth. It is also used for certain allowances of Wood, to be taken out of another Mans Woods; Westm. 2. ca. 25. 20 Car. 2. ca. 3. West, pa. 2. Symbol. tit. Fines. Sect. 26. sayes, Estovers comprehends House-bote, Hay-bote and Plow-bote; As, if one hath in his Grant these general words, De rationabili Estoverio in boscis, &c. He may thereby claim these three. In some Mannors the Tenants have Common of Estovers, that is, necessary Botes out of the Lords Woods, As at Orleton in Com. Heref. where the Tenants paid the Lord a Wood-hen yearly by way of Rent or Retribution for the same. Rationabile Estovorium. See Alimo∣ny.

Estray, (from the old Fr. Estrayeur, Lat. Extrahura. Pecus quod elapsum a custode cam∣pos pererrat, ignoto Domino,) Signifies any beast that is not wild, found within any Lordship, and not owned by any man; in which Case, if it be Cried according to Law in the next Mar∣ket-Towns, and it be not claimed by the Owner within a Year and a day, it is the Lords of the Soil. See Britton. ca. 17. See Estrays in the Forrest, Anno 27 Hen. 8. ca. 7. New Book of Entries, verbo, Trespas concernant Estrey. The ancient Law of K. Inas was—Diximus de ignotis pecoribus, ut nemo habeat sine testimonio Hundre∣di vel bominum Decennae. i. Sectatorum Letae. Spel.

Estreat, (Extractum,) Is used for the Co∣py or true Note of an Original Writing; and especially of Amerciaments, or Penalties set down in the Rolls of a Court, to be levied by the Bailiff or other Officer upon every Man for his Offence. See Fitz. Nat. Br. fol. 57, & 76. And so-it is used, We stm. 2. ca. 8.

Clerk of the Estreats. See in Clerk.

Estrepe, (Fr. Estropier. i. Mutilare,) To make spoil by a Tenant for life in Lands or Woods to the prejudice of him in rever∣sion.

Estrepement, or Estrepament, (From the Fr. Estropier. i. mutilare,) Signifies spoil made by the Tenant for term of life upon any Lands or Woods to the prejudice of him in the Re∣version, Stat. 6. Edw. 1. ca. 13. And, it may seem by the derivation, that Estrepament is properly the unreasonable soaking, or drawing away the heart of the Land, by Plowing and Sowing it continually, without Manuring, or other good Husbandry; And yet Estropier sig∣nifying mutilare, it may no less properly be ap∣plyed to those that cut down Trees, or lop them farther then the Law allowes. It signifies also a Writ, which lies in two Cases, the one, when a Man, (having an Action depending, as a Formdon, dum fuit infra atatem, Writ of right, or such like, wherein the Demandant is not to recover Damages,) sues, to inhibit the Tenant from making wast, during the Sute. The other is for the Demandant, who is adjudged to recover Seisin of the Land in question, and be∣fore Execution sued by the Writ Habere facias possessionem, for fear of waste to be made before he can get possession, sues out this Writ. See more in Fitz. Nat. Br. fol 60 & 67. Reg. of Writs, fol. 76. And Reg. Judic. fol. 37. In an∣cient Records we often find Vastum & Estrepa∣mentum facere. Videturque Estrepamentum gra∣vius Vasti genus designare. Spel.

Etheling, or Aetheling, in the Saxon sig∣nifies Noble, and it was (among our English Saxons) the title of the Prince, or Kings El∣dest Son; as we read in Camden,

Edgar Aetheling England's dearling.

Everwicscire, Yorkshire, anciently so cal∣led. Willielmus Rex Angliae Thumae Archiepis∣cupo & Bertramo de Verdon & Baronibus suis Francis & Anglis de Everwicscire, &c. Carta Will. Conq.

Evidence, (Evidentia,) Is used gene∣rally for any proof, be it testimony of Men, Records, or Writings. Sir Tho. Smyth hath these words, (Lib. 2. c. 17.) Evidence in this signification is Authentical Writings of Con∣tracts, Written, Sealed, and Delivered. And (lib. 2. ca. 23.) speaking of the Prisoner that stands at the Bar to plead for his life, he says

thus; Then he tells what he can say for himself; after him likewise all those, who were at the ap∣prehension of the Prisoner, or, who can give any Indices or Tokons, which we call in our language Evidence, against the Malefactor. It is called Evidence, because thereby the point in Issue is to be made evident to the Jury; probationes de∣bent esse evidentos. i. Perspicuae & faciles. See Coke on Litt. fol. 283.

Exactor Regis, The Kings Exactor; Qui publicas pecunias, tributa, vectigalia, & res fisco debitas exegit. Sometimes taken for the Sheriff. Hoc enim sensu, niger liber Seac. par. 1. ca. ult. Tabulas, quibus vicecomes censum Regium colligit, Rotulum Exactorium vocatur.

Examiners in the Chancery, (Examina∣tores,) Are two Officers, that examin, upon Oath, Witnesses produced on either side, upon such Interrogatories as the Parties to any Sute do exhibit for that purpose; and sometimes the Parties themselves are, by particular Order, examin'd also by them.

Excambiator, Was antiently used for an Exchanger of Land—Ita quod unusquisque eorum qui damna sustinuit aliquo casu contingen∣te, quod Excambiator refundat dampna, misas & expensas quocunque casu proveniente. Ex libro Cartarum Priorat. Leominstr. de anno 2 Edw. 2.

Exception, (Exceptio,) Is a stop or stay to an Action, being used in the Civil and Com∣mon Law both alike, and in both divided into dilatory and peremptory. Of these see Bracton, lib. 5. Tract. 5. per totum. And Britton, ca. 91, 92.

Exchange, (Cambium vel excambium,) Is used peculiarly for that compensation, which the Warrantor must make to the Warrantee, va∣lue for value, if the Land warranted be reco∣vered from the Warrantee. Bracton lib. 2. ca. 16. and lib. 1. cap. 19. It signifies also generally as much as permutatio with the Civilians, as the Kings Exchange, Anno 1 Hen. 6. ca. 1 & 4.—9 Ed. 3. Stat. 2. ca. 7. which is the place ap∣pointed by the King for exchange of Plate or Bullion for the Kings Coyn. These places have been divers heretofore, as appears by the said Statutes; but, now there is onely one, viz. the Tower of London, conjoyned with the Mint; which, in time past, might not be, as appears by 1 Hen. 6. ca. 4.

Exchangeors, Are those that return Mo∣ney beyond Sea by Bills of Exchange, which, (by the Stat. 5 Rich. 2. ca. 2.) ought not to be done without the Kings Licence. See Excam∣biator.

Exchequer. See Eschequer.

Excise, Is a Charge, or Imposition laid upon Beer, Ale, Sider, and other Liquors within the Kingdom of England, Wales and Berwick, by Act of Parliament, 12 Car. 2. ca. 13. during the Kings life, and, according to the Rates in the said Act mentioned. See 13 Car. 2. ca. 13.—15. ejusdem. 9. And 17 ejusdem, ca. 4.

Excommengement (Anno 23 Hen. 8. cap. 3.) Is in Law-French, the same with Excom∣munication.

Excommunication (Excommunicatio) Is a Censure inflicted by the Canon or Ecclesiasti∣cal Judge, depriving the person offending from the lawful Communion of the Sacraments, and sometimes of the liberty, of even conversing with the faithful. And it is divided, In majo∣rem & minorem: Minor est per quam quis a Sa∣cramentorum participatione conscientia vel sen∣tentia arcotur. Major, quae non solum a Sacra∣mentorum, verum-etiam fidolium Communione ox∣cludit, & ab omni actu legitimo separat & divi∣dit. Venatorius de Sent. Excom. Auctoritate Dei Patris omnipotentis & Filii & Spiritus Sancti; & beatae Dei genetricis Mariae, omniumque San∣ctorum, Excommunicamus, Anathematizamus, & a limitibus sanctae Matris Ecclesiae sequestra∣mus illos malefactores, N. consentaneos quoque & participes; & nisi resipuerint, & ad satisfactio∣nem venerint, sic extinguatur lucerna eorum ante viventem, in saecula saeculorum: Fiat, fiat. Amen. Ex Emendat. Legum Wil. Conquestor. in lib. vocat. Textus Roffensis.

Excommunicato Capiendo, Is a Writ di∣rected to the Sheriff, for apprehending him who stands obstinately Excommunicated Forty days: For the contempt of such a one, not seeking absolution, may be certified or signified into Chancery, whence issueth this Writ, for the laying him up without Bail or Mainprise, until he conform himself. Fitz. Nat. Br. fol. 62. Anno 5 Eliz. cap. 23. and Reg. of Writs, fol. 65.

Excommunicato Deliberando, Is a Writ to the Under-Sheriff for Delivery of an Ex∣communicate person out of prison, upon Cer∣tificate from the Ordinary of his Conformity, to the Jurisdiction Ecclesiastical. Fitz. Nat. Br. fol. 63. Reg. of Writs, fol. 67.

Excommunicato Recipiendo, Is a Writ, whereby persons excommunicate, being for their obstinacy committed to prison, and un∣lawfully delivered thence, before they have given caution to obey the Authority of the Church, are commanded so be sought for, and laid up again. Reg. of Writs, fol. 67. a.

Executione Facienda, Is a Writ, com∣manding Execution of a Judgment, the divers uses whereof, see in the Table of Register Judi∣cial.

Executione facienda in Witheinami∣um, Is a Writ that lies for the taking his Car∣tle, who formerly had conveyed out of the County the Cattle of another: So that the Bailiff, having authority from the Sheriff to Replevy the Cattle so conveyed away, could not execute his charge. Reg. of Writs, fol. 82. b.

Execution (Executio) Signifies the last performance of an Act, as of a Fine or Judg∣ment. Execution of a Fine, is the obtaining Actual Possession of the things contained in it, by vertue thereof, which is either by En••y in∣to the Lands, or by Writ; whereof see West

at large, Par. 2. Symbol. tit. Fines, sect. 137. Executing of Judgments, Statutes, and such like, see in Fitz. Nat. Br. in Indice 2. verbo, Execution.—Coke (vol. 6. casu Blumfield, fol. 87. a.) makes two sorts of Executions; one final, another with a quousque, tending to an end An Execution Final, is that which makes Money of the Defendants Goods, or extends his Lands, and delivers them to the Plaintiff, which he accepts in satisfaction, and is the end of the Sute, and all that the Kings Writ com∣mands to be done. The other Writ, with a Quousque, is tending to an end, but not final, as in the Case of Capias ad Satisfaciendum, &c. which is not final, but the Body of the party is to be taken, to the intent, to satisfie the De∣mandant; and his imprisonment is not abso∣lute, but until he satisfie. Idem, ibid.

Executor (Executor) Is he that is appoint∣ed by any Mans last Will and Testament, to have the Execution thereof, and the disposing of all the Testators substance, according to the tenor of the Will. See the Duty of Executors, a Book so entituled.

Executor de son tort, Or of his own wrong, is he that takes upon him the Office of an Exe∣cator by intrusion, not being so constituted by the Testator, or deceased, nor (for want of such Constitution) constituted by the Ordinary to administer. How far he shall be liable to Creditors, see 43 Eliz. cap. 8. Dyer 166. and the Duty of Executors, cap. 14.

Exemplification of Letters Patent (An. 13 Eliz. cap. 6.) Is a copy or example of Let∣ters Patent, made from the Inrollment thereof, and sealed with the Great Seal of England; which Exemplifications are as effectual to be shewed or pleaded, as the Letters Patent them∣selves. Nothing but matter of Record ought to be exemplified. 3 Inst. fol. 173. See Pages Case, 5 Rep.

Exemplificatione, Is a Writ granted for the Exemplification of an Original. See Reg. of Writs, fol. 290.

Ex gravi Querela, Is a Writ that lies for him, to whom any Lands or Tenements in Fee, (within a City, Town, or Borough, wherein Lands are devisable) are devised by Will, and the Heir of the Devisor enters, and detains them from him. Reg. of Writs, fol. 244. Old Nat. Br. fol. 87. See Fitz. Nat. Br. fol 198. L.

Exhibit (Exhibitum) When any Deed, Ac∣quittance, or other writing, is in a sute in Chancery exhibited to be proved by Witnesses, and the Examiner certifies on the back of it, that the Deed was shewed to such a one at the time of his Examination, this is there called an Exhibit. The word is mentioned Anno 14 Car. 2. cap. 14.

Exigendaries of the Common Bench (Exigendarii de Banco Communi) Are other∣wise 10 Hen. 6. cap. 4. called Exigenters, which Vide.

Exigent (Exigenda) Is a Writ that lies, where the Defendant in an Action Personal cannot be found; nor any thing of his within the County, whereby to be attached or distrain∣ed, and is directed to the Sheriff, to proclaim and call him five County days one after another, charging him to appear under pain of Outlary. This Writ also lies in an Indictment of Felony, where the party indicted cannot be found. Smith de Repub. Angl. lib. 2. cap. 19. It is called an Exigent, because it exacteth the party, that is, requires his appearance or forth-coming to an∣swer the Law; for if he come not at the last days Proclamation, he is said to be Quin∣quies Exactus, and then is Outlawed. Cromp. Jurisd. fol. 188. See the New Book of Entries, verbo, Exigent.

Exigenters (Exigendarii) Are four Officers of the Court of Common Pleas, who make a••l Exigents and Proclamations in all Actions, wherein Process of Outlary lies, and Writs of Supersedeas, as well as the Pronotaries, upon such Exigents as were made in their Offices. 18 Hen. 6. cap. 9. But the making the Writs of Supersedeas, is since taken from them by an Officer in the Court of Common Pleas, erected by King James, by his Letters Patent in the later end of His Reign.

Ex mero motu (Lat.) Are formal words used in the Kings Charters, and Letters Patent, signifying, that he does what is contained there∣in Of his own will and motion, without Petition or Suggestion made by any other; and the effect of these words is to Bar all Exceptions, that might be taken to the Instrument, wherein they are contained, by alleaging, that the Prince in passing such a Charter was abused by salse sug∣gestion. Kitchin, fol. 352.

Ex Officio. By vertue of a Branch of the Stat. 1 Eliz. cap. 1. the Queen, by Her Letters Patent might authorise any person or persons, &c. To administer an Oath Ex Officio, where∣by the supposed Delinquent was compelled to confess, accuse or purge himself of any criminal matter, and thereby be made liable to cen∣sure or punishment, &c. The Branch of which Statute relating to the said Oath is repealed, 17 Car. 1. cap. 11.

Exoneratione Sectae, Was a Writ that lay for the Kings Ward to be disburdened of all sute, &c. to the County, Hundred, Leet, or Court Baron, during the time of his Wardship. Fitz. Nat. Br. fol. 158.

Ex Parte (Lat.) Partly, or of one part. In the Court of Chancery it hath this significa∣tion, A Joynt-Commission is that wherein both Plaintiff and Defendant joyn; A Commission Ex parte, is that which is taken out and execu∣ted by one Party onely.

Ex parte talis, Is a Writ that lies for a Bailiff or Receiver, who, having Auditors as∣signed to hear his account, cannot obtain of them reasonable allowance, but is cast into Pri∣son by them. Fitz. Nat. Br. fol. 129. The man∣ner in this Case is, to take this Writ out of the Chancery, directed to the Sheriff, to take four Mainpernors to bring his Body before the Barons of the Exchequer, at a day certain,

and, to warn the Lord to appear at the same time.

Expectant. Used with this word Fee, dif∣fers from Fee-simple; For example, Lands are given to a Man and his Wife in Frank-Marri∣age, To hold to them and their Heirs; In this case they have Fee-simple; Bat, if it be given to them and the heires of their body, &c. they have Taile, and Fee-expectant. Kitchin, fol. 153.

Explees. See Esplees.

Expeditate, (Expeditare vel expaaltare,) In the Forest Laws signifies to cut out the Bal•• of great Dogs fore-feet, for preservation of the Kings Game. Every one that keeps any great Dogs, not expeditated, forfeits three shil∣lings to the King. The Ball of the foot of Mastists is not to be cut off, but the three Claws of the fore-foot to the skin. 4 Part. Inst. fol. 308.—Nullus Dominicos canes Abbatis & Monachorum expaaltari cogat. Charta, Hen. 3. Abbati de Rading.—& sint quieti de espedi∣tamentis canum. Ex magno Rot. Pipae, de An∣no 9 Ed. 2.

Expenditors, (Anno 37 Hen. 8. ca. 11.) Seems to signifie those that pay, disburse, or expend the Tax in the said Statute mentioned. Anno 7 Jac. ca. 20. Paymasters.

Expensis militum levandis, Is a Writ di∣rected to the Sheriff, for levying allowance for the Knights of the Parliament, Reg. of Writs, fol. 191. b.

Explorator, A Scout.—In memoriam Hen∣rici Croft Equitis aurati Exploratoris in Hiber∣nia generali••, qui obiit Anno 1609. Scoutma∣ster-general. Also a Huntsman or Chaser.—Idem Abbas habens Exploratores suos statim ponere fecit retia, &c. In Itin. Pickering, 8 Ed. 3. Rot. 4.

Extend, (Extendere,) To value the Lands or Tenements of one bound by Statute, &c. that has forfeited his Bond, to such an indif∣ferent rate, as by the yearly rent, the Creditor may in time be paid his Debt; The course, and circumstances of this see in Fitz. Nat. Br. fol. 131.

Extendi facias, Is ordinarily called a Writ of Extent, whereby the value of Lands is com∣manded to be made and levied in divers cases, which see in the Table of the Register of Writs.

Extent, (Extenta,) Sometimes signifies a Writ, or Commission to the Sheriff for the va∣luing of Lands or Tenements; Sometimes the Act of the Sheriff, or other Commissioner upon this Writ. Broke tit. Extent. fol. 313. An. 16 & 17 Car. 2. ca. 5.

Extinguishment, (from Extinguo,) Signi∣fies an effect of consolidation; For example, if a Man have a yearly rent due to him out of my Lands, and afterwards purchase the same Lands, now both the property and rent are consolida∣ted, or united in one possessor, and therefore the rent is said to be extinguished. So, where a Man has a Lease for years, and afterwards buys the property, this is a consolidation of the property of the Fruit, and an Extinguishment of the Lease. And, if there be Lord, Mesn and Tenant, and the Lord purchase the Te∣nancy, then the Mesnalty is extinct; but, the Mesne shall have the surplusage of the Rent, if there be any, as rent-seck. Terms ley.

Extirpatione, Is a Writ judicial that lies against him, who, after a Verdict found against him for Land, &c. does maliciously overthrow any House, or extirpate any Trees upon it; And, it is two-fold; one ante judicium, the other post judicium. Reg. judicial. fol. 13. 56. 58.

Extortion, (Extortio,) Is an unlawful or violent wringing of Money, or Money-worth from any Man. For example, if an Officer; by terrifying another in his Office, take more then his ordinary Fees or Duties, he commits, and is Inditeable of this offence: To this, (in Wests Judgment,) may be refer'd the exaction of unlawful Usury, winning by unlawful games, and (in one word) all taking of more then is due, by color or pretence of right; as exces∣sive Toll in Milners, excessive prizes of Alc, Bread, Victuals, Wares, &c. Part 2. Symb. tit. Inditements Sect. 65.—Manwood, (Part 1. pa. 216.) sayes, Extortion is colore Officii, not virtute Officii—Crompton (in his Justice of Peace, fol. 8.) sayes, to this effect, Wrong done by any Man in properly a Trespass, but excessive wrong is called Extortion; and, this is most properly in Sheriffs, Mayors, Bailiffs, and other Officers whatsoever, who, by color of their Office, work great oppression and wrong to the Kings Subjects, in taking excessive Re∣wards or Fees, for executing their Office; In the same Author, fol. 48. you may see great di∣versity of Cases touching Extortion. See also 3 Part. Inst. fol. 149.

Extracts. See Estreats.

Eyre. See Eire.

Eyet, (Insuletta,) A little Island; I have seen it corruptly written in some modern Con∣veyances, Eyght.

F.

F. He that shall maliciously strike any per∣son with a Weapon in Church or Church∣yard, or draw any Weapon there with intent to strike, shall have one of his Ears cut off; and, if he have no Ears, then shall be marked on the Cheek with a hot Iron, having the Letter F. whereby he may be known for a Fray-maker or Fighter. Anno 5 & 6 Edw. 6. ca. 4.

Fabrick-Lands, Are lands given towards the maintenance, rebuilding or repair of Cathedrals, or other Churches, and mentioned in the Act of Oblivion. 12 Car. 2. ca. 8. In Antient time almost every one gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv'd.—In Dei nomine Amen. Die veneris ante Festum Nativitatis Sancti Johannis Baptistae, Anno Dom. 1423. Ego Ricardus Smyth de Bromyard condo Testamontum meum in

hunc modum, Inprimis lego animam meam Deo & beatae Mariae & omnibus Sanctis, Corpusque meum sepeliendum in Cimiterio Beatae Edburgae de Bradway. Item lego Fabricae Ecclesiae Cathe∣dralis Hereford. xii d. Item lego Fabricae Capel∣la Beatae Mariae de Bromyard xl d. Item lego Fratribus de Woodhouse xx d. Residuum vero bono∣rum, &c. These Fabric-lands the Saxons cal∣led Tymber-londs.

Faculty, (Facultas,) As it is restrained from the Original and Active signification, to a particular understanding in Law, is used for a priviledge or especial power granted to a man by favour, indulgence and dispensation, to do that, which by the Common-Law he cannot; as, to eat Flesh upon dayes prohibited, to Marry without Banes first asked, &c. Anno 28 Hen. 8. ca. 16.

The Court of Faculties belongs to the Arch∣bishop of Canterbury, and his Officer is called Magister ad facultates; his power is to grant Dispensations, as, to Marry, to eate Flesh on dayes prohibited; the Son to succeed the Fa∣ther in his Benefice; one to have two or more Benefices incompatible, &c. This Authority was given by the Statute 25 Hen. 8. ca. 21. See 4 Part. Inst. fol. 337.

Faint, alias Feint-Action, (Fr. feinct,) Is as much as Fained-Action; that is, such an Action, as albeit the words of the Writ be true; yet, for certain causes, he has no Title to recover thereby: And, a false action is, where the words of the Writ are false. Coke on Lit. fol. 361. yet sometimes they are con∣founded.

Faint-Pleader, (from the Fr. Feinte, Fal∣sus,) Signifies a false, covenous or collusory manner of pleading, to the deceit of a third party, 34 & 35 Hen. 8. ca. 24.

Fair-pleading. See Beaupleder.

Faitours, (a French word, antiquated, or somewhat traduced; for, the modern French is Faiseur. i. Factor,) Is used in the Stat. 7 R 2. ca. 5. in the evil part, signifying a bad Doer; or, it may not improbably be interpreted an idle Liver, taken from faitardise, which signi∣fies a kind of num or sleepy Disease, proceed∣ing of too much sluggishness, which the Latines call Veturnus: For, in the said Statute it seems to be a Synonymon with Vagabond.

Falda, A Sheepfold.—Et quod oves sint levantes & cubantes in propria falda Canonico∣rum praedictorum. Rot. cart. 16 Hen. 2. m. 6.

Faldage, (Faldagium,) Is a priviledge which many Lords anciently reteined to them∣selves, of setting up sheep-folds, or Pens, in any Fields within their Mannors, the better to manure them; and this not onely with their own, but with their Tenants Sheep, which is cal∣led Secta faldae; This Faldage is call'd in some places a Fold-course, or Free-fold; and, in some ancient Charters Fald-soca. i. Libertas faldae, or Libertas foldagii.—Rogerus Rusteng concessit Eccesiae B. Mariae de Wimondbam 40 acras terrae in Scarnebrune, cum dimidia Fald-soca, &c. Char∣tular. Monasterialis Ecclesiae praedict. pa. 48.—De Faldagio habendo ad ducentos bidentes; ad plus, in villa de Atheburgh, Mon. Angl. 2 Par. fo. 275. a.

Falesia, (Fr. Falaize,) A Bank, Hill, or down by the Sea-side. Coke on Litt. fol. 5. b.

Falkland, alias Folkland. See Copyhold and Freehold.

False Amprisonment, Is a Trespass com∣mitted against a man, by Imprisoning him with∣out lawful cause; It is also used for the Writ brought upon this Trespass. Fitz. Nat. Br. fol. 86. K. and 88. P. vide Broke, and New Book of Entries, verbo, False Imprisonment.

False Prophecies. See Prophecies.

False returno brevium, Is a Writ lying against the Sheriff, for false returning of Writs. Reg. judicial. fol. 43. b.

Falsify, Seems to signifie as much as to prove a thing to be false. Perkins, Dower. 383, 385. Also to say or do falsly; as to falsi∣fy, or counterfeit the Kings Seal. Rex—Vic. Lincoln. Scias quod dedimus Adae de Essex Clerico nostro, pro servicio suo, omnes terras & tenementa quae fuerunt Will. de Scrubby, cujus terrae & tenementa sunt excaeta nostra, per Felo∣niam quam fecit de falsificatione Sigilli nostri. T. apud Linc. 28. Nou. &c. Claus. 6 Joh. m. 12. in dorso.

Familia, Pro hida, massa, manso, carucata.—Donavit terram quinquaginta Familiarum ad construendum Monasterium. Beda Hist. Eccl. lib. 4 ca. 3. This term Hide, is, by our Wri∣ters, sometimes called a Manse, sometimes a Family, sometimes Carucata, or a Plough-land; containing as much as one Plough and Oxen could cultivate in one year. Cressy's Church-Hist. fol. 723. b. Ubi Beda Familiam, Saxo∣nicus ejus interpres coaetaneus passim hide redderet, Anglo-Normannis Carucata terrae. Gloss. in x. Script.

Fanaticks, (Anno 13 Car. 2. ca. 6.) Is used as a general name for Quakers, Anabap∣tists, and other dissenters from the Church of England.

Faonatio, or Feonatio, (from the Fr. Faonner,) a fawning, or bringing forth young, as Does do. Carta Forestae, ca. 8.

Farding, or Farthing of Gold, (quasi fourth-thing,) was a Coin used in ancient times, containing in value the fourth part of a Noble, viz. xx d. Silver, and in weight the sixth part of an Ounce of Gold, that is, of 5 s. in Sil∣ver; mention'd 9 H. 5. Stat. 2. cap. 7. thus; Item, that the King do to be ordained good and just weight, of the Noble, half-Noble, and Farthing of Gold, with the rates neces∣sary to the same, for every City, &c. Where∣by it plainly appears to have been a Coin; as well as the Noble and half-Noble.

Farandman, (Sax. Faran, to Travel,) A Merchant-Stranger, or Pilgrim; to whom, by the Lawes of Scotland, Justice ought to be done with all expedition, that his business or journey be not hinder'd.

Fardel of Land, (Fardella terrae,) Is, (ac∣cording to some Authors, (the fourth part of

a Yard-land. Yet Noy, (in his compleat Lawyer, pa. 57.) sayes, Two Fardels of Land make a Nook, and four Nooks make a Yard-land.

Farding deal, (Sax feord i. quarta & del, or doele. pars.) alias Farundel of Land, (Quadrantata terrae,) Signifies the fourth part of an Acre. Crom. Jur. fol. 220. Qua∣drantata terrae is read in the Reg. of Writs, fol. 1. b. where you have also Denariata & obolata, solidata & librata terrae, which must probably rise in proportion of quantity from the Farding∣deal, as an half-penny, penny, shilling or pound rise in value; Then must Obolata be half an Acre, Denariata an Acre, Solidata twelve Acres, and Librata twelve score Acres; yet, I find Viginti libratas terrae vel redditus. Reg. fol. 94. a. and fol. 248. b. whereby it seems Librata terrae is so much as yields xx s. per an∣num; and, Centum solidatas terrarum, tenemen∣torum & redituum, fol. 249. a. And, in Fitz. Nat. Br. fol. 87. f. Viginti libratas terrae vel reditus, which argues it to be so much Lands as twenty shillings per annum. See Furlong. Others hold Obolata to be but half a Pearch, and Denariata a Pearch. See Spelmans Gloss. verbo, Obola∣ta terrae.—Sciatis me Rogerum de Ichtefeld dedisse—Medietatem unius Feorwendel terrae de meo dominio, &c. Mon. Angl. 2 Pa. fo. 913. b.

Fare (Sax.) A voyage or passage; or the Money paid for passing by Water. Anno 2 & 3 Ph. & Ma. cap. 16.

Farley or Farle••, In the Mannor of West Slapton in Com. Devon. if any Tenant die pos∣sessed of a Cottage, he is by the Custom to pay to the Lord six pence for a Farley. Which I suppose may be in Lieu of a Heriot: For in some Mannors Westward, they distinguish Far∣leu to be the best good, as Hariot is the best Beast payable at the Tenants death.

Farm (From the Sax. Feorme, i. Food.) Reditus est qui in ••locandis praediis Domino elocanti reservatur. See Ferm, and Spelm. Gloss. verbo, Firma.

Farthing of Land (Sax. Feorþling) Seems to be some great quantity, and to differ much from Fardingdeal: For I finde in a Survey Book of the Mannor of West Slapton in Devon∣shire, entred thus. A. B. holds six Farthings of Land at 126 l. per annum some hold it to be a Yardland. See Fardel, Fardingdeal, and Fard∣ing.

Fat or Uate, Is a great Wooden Vessel, which among Brewers and Maulsters, is used to measure Mault for expedition, containing a Quarter. Mentioned Stat. 1 Hen. 5. cap. 10. and 11 Hen. 6. cap. 8. It is likewise a Vessel or Pan of Lead, for the making of Salt, at Droitwich in the County of Worcester, whereof the several Owners or Proprietors do claim Estates of In∣heritance and Burgesship.

Fautors (Anno 16 Rich. 2. cap. 5.) Favor∣ers, supporters, or maintainers.

Fealty (Fidelitas, Fr. Feaulte, i. Fides) Signifies an Oath taken, at the admittance of every Tenant, to be true to the Lord of whom he holds his Land: And he that holds Land; by this onely Oath of Fealty, holds in the freest manner; because, all that have Fee, hold per fidem & ••iduciam, that is, by Fealty at the least. Smith de Repub. Angl. lib. 3. cap. 8. This Fealty is also used in other Nations, as in Lombardy and Burgundy. Cassanaeus de consue∣tud. Burgund. pag. 419. And indeed, as the very first creation of this tenure grew from the love of the Lord towards his Followers; so did it bind the Tenant to Fidelity, as appears by the whole course of the Feods; and the breach thereof, is loss of the Fee. Hotoman in his Commentaries, de verbis Feudalibus, shews a Double Fealty, one general, to be performed by every Subject to his Prince; the other spe∣cial, required onely of such, as in respect of their Fee, are tied by this Oath towards their Land-lords; we may read of both in the Grand Custumary of Normandy, &c.

Fealty special is with us performed, either by Freemen or by Villains; the form of both see, Anno 17 Edw. 2. in these words, When a Fréeman shall do Fealty to his Lord, he shall hold his right hand upon a Book, and shall say thus, Hear you my Lord R. that I. P. shall be to you, both faithful and true, and shall ow my Fealty to you for the Land that I hold of you, at the terms assigned. So help me God, and all his Saints. When a Uillain shall do Fealty to this Lord, he shall hold his right hand over the Book, and say thus, Hear you my Lord A. that I. B. from this day forth, unto you shall be true and faithful, and shall ow you Fealty, for the Land that I hold of you in Villange, and shall be justified by you, in Body and Goods: So help me God, and all his Saints. See Reg. of Writs, fol. 302. a. Fideli∣tas est fidei, ubsequii & servitii ligamen, quo gene∣raliter subditus Regi, particulariter vassallus do∣mino astringitur Spel.

Fée (Feodum alias Feudum) Is applied to all those Lands and Tenements, which we hold by perpetual right, and by an acknowledgment of any superiority to a higher Lord. Those that write of this subject, divide all Lands and Te∣nements, wherein a Man hath a perpetual estate to him, and his heirs, into Allodium and Feudum.

Allodium is defined to be every Mans own Land, &c. which he possesseth meerly in his own right, without acknowledgment of any service or payment of any Rent to any other, and this is a property in the highest degree.

Feudum, is that which we hold by the bene∣fit of another, and in the name whereof we ow Service, or pay Rent, or both, to a Superior Lord. And all our Land here in England (the Crown Land, which is in the Kings own hands, in right of His Crown excepted) is in the na∣ture of Feudum, or Fee: For though many have Land by descent from their Ancestors, and others have dearly bought Land for their Money, yet is it of such nature, that it cannot come to any, either by descent or purchase, but with the burthen that was laid upon him,

who had Novel Fee, or first of all received it, as a benefit from his Lord, to him, and to all such, to whom it might descend, or any way be conveyed. So that there is no Man that hath Directum Dominium, i. The very Property or Demain in any Land, but the Prince, in right of His Crown. Camd. Britan. pag. 93. For, though he that hath Fee, hath Jus perpetuum & utile Dominium, yet he ows a duty for it, and therefore it is not simply his own; which thing, I take those words, we use for the expressing our deepest Rights in any Lands or Tenements, to import; for he that can say most for his estate, saith thus, I am seised of this, or that Land, or Tenement, in my Demain, as of Fee; and that is as much, as if he had said, it is my Demain or Proper Land after a sort, because it is to me and my heirs for ever, yet not sim∣ply mine, because I hold it in the nature of a benefit from another; yet the Stat. 37 Hen. 8. cap. 16. useth the word (Fee) of Lands invest∣ed in the Crown, but it proceeds from an igno∣rance of the nature of the word; for Fee can∣not be without Fealty sworn to a Superior, as you may read partly in the word Fealty, but more at large in those that write De Feudis; and namely Hotoman, both in his Commentaries and Disputations; since no Man may grant, that our King or Crown oweth Fealty to any Superior, but God onely. And all that write De Feudis, hold, that Feudatarius hath not an en∣tire property in his Fee.

Fee is divided into Fee absolute, otherwise called Fee-simple, and Fee-conditional, other∣wise termed Fee-tail. Fee-simple (Feudum sim∣plex) is that whereof we are seised To us and our heirs for ever. Fee-tail (Feudum taliatum) is that whereof we are seised, with limitation, to us, and the heirs of our Body; &c. Which Fee-tayle is both general and special; General is, where Land is given to a Man and the heires of his body; the reason whereof is shewed by Lit∣tleton, lib. 1. ca. 2. because a Man seised of Land by such a gift, if he Marry one or more Wives, and have no issue by them, and, at length marry another by whom he hath issue, this issue shall inherit the Land. Fee-tayl speci∣al is that, where a Man and his Wife are seised of Lands to them and the heirs of their two bo∣dies; because in this case, the Wife dying without issue, and he Marrying another by whom he hath issue, this issue cannot inherit the Land, being especially given to such heirs, &c. This Fee-tayl has Original from the Stat. of Westm. 2. ca. 1. Yet see Bracton, lib. 2. ca. 5. num. 3. Item quaedam absoluta & larga & quae∣dam stricta & coarcta, sicut certis haeredibus. To whom add Plowden casu, Willion, fol. 235. For, before that Statute, all Land given to a Man and his heirs, either general or special, was accounted in the nature of Fee, and there∣fore held to be so firmly in him to whom it was given, that, any limitation notwithstanding, he might alienate it at his pleasure, Coke on Litt. fol. 19. for redress of which inconvenience the said Statute was made, whereby it is ordain'd, that if a Man give Lands in Fee, limiting the heirs to whom it shall descend, with a rever∣sion to himself or his heires for default, &c. that the form and true meaning of his gift shall be observed. He that hath Fee then, holdeth of another by some duty or other which is called Service.

This word Fee is sometimes used for the compass or circuit of a Lordship or Mannor. Bracton lib. 2. ca. 5. in eadem villa & de eodem Feodo. Thirdly, It is used for a perpetual right incorporeal, as, to have the keeping of Prisons in Fee. Old. Nat. Br. fol. 41. Rent grant∣ed in Fee. eodem fol. 8. Sheriff in Fee. Anno 28 Ed. 1. Stat. 13. ca. 8. Lastly, Fee signifies a reward or ordinary duty given a man for the execution of his Office, or the performance of his industry in his Art or Science; As the Lawyer or Physitian is said to have his Fee, when he hath the consideration of his pains ta∣ken, the one with his Client, the other with his Patient.

Fee expectant, Is by the Feudists termed Feudum expectativum. See Expectant.

Fee Farm, or Fee Ferm, (Feudi firma vel feofirma,) Is, when the Lord, upon creation of the Tenancy, reserves to himself and his heirs, either the rent, for which it was before letten to Farm, or at least a fourth part of that rent. 2 Part Inst. fo. 44. and, that with∣out homage, fealty, or other services, other then are especially comprized in the Feoffment, but, by Fitzh. it seems the third part of the value may be appointed for the Rent, or the finding of a Chaplain to Sing Divine-Service, &c. Nat. Br. fol. 210. C. And, the Nature of it is this, That, if the Rent be behind, and unpaid for the space of two years, then the Feoffor or his heirs have Action to recover the Lands, as their Demesnes. Britton. ca. 66. num. 4. But observe out of Wests Symbol. part 1. lib. 2. Sect. 463. that the Feoffment may contain ser∣vices and sute of Court, as well as rent: And, the Author of the New Terms of Law saith, That Feeferm oweth fealty, though not expres∣sed in the Feoffment, since Fealty belongs to all kinds of Tenures. See Ferm.

Felo de se, Is he that commits Felony by murdring himself. See Crom. Justice of P. fo. 28. and Lamb. Eiren. lib. 2. ca. 7. The Saxons cal∣led him Selfbana, Self-bane.

Felony, Felonia, (Fr. Felonnie.) Sir Edward Coke sayes, Ideo dicta est Felonia, quia fieri de∣bet felleo animo, lib. 4. fol. 124. b. We account any offence Felony that is in degree next Petit Treason, and compriseth divers particulars, as Murder, Theft, Killing ones self, Sodomy, Rape, Willful burning of Houses, and divers such like, which are to be gathered especially out of the Statutes, whereby many offences are daily made Felony, which were not so before. Felony is discerned from lighter offences, in that the pu∣nishment thereof is death: yet not alwayes; For petit Larceny, (which is the stealing any thing under the value of twelve pence) is Fe∣lony, as appears by Broke tit. Coron. num. 2;

his reason is, because the Inditement against such a one must run with these words, Felonice cepit, yet not punished by Death, though it be loss of Goods. Other exception I know not, but that a Man may call that Felony, which is under Petit-Treason, and punished by death: Of this there are two sorts, one lighter, which, for the first time, may be relieved by Clergy, another that may not; which, may also be known by the Statutes; for, Clergy is allowed where it is not expresly taken away. Of this read Stamf. pl: Cor. lib. 1. (but many offen∣ces are made Felony by Statute since he wrote,) and Lamb. Justice of P. lib. 2. ca. 7. in a Table drawn for the purpose. Felony is also punished by loss of Lands not intailed, and Goods and Chattels, both real and personal; yet the Sta∣tutes make difference in some cases concerning Lands, as appears by 37 Hen. 8. ca. 6. Felony ordinarily works corruption of Blood, unless a Statute, ordaining an Offence to be Felony, says, It shall not corrupt the Blood; As 39 Eliz. c. 17.

Feme covert, (Fr.) a Marryed Woman, (Anno 27 Eliz. ca. 3.) who is also said to be under Covert baron.

Fence-moneth, (Mensis prohibitionis, or Mensis vetitus,) Is a Moneth wherein the Fe∣male Deer do fawn, and therefore tis unlaw∣ful to Hunt in the Forest during that time, which begins fifteen dayes before Midsommer, and ends fifteen dayes after, in all 31 dayes. See Manwood, Part 2. cap. 13. per totum, and the Stat, 20 Car. 2. ca. 3. It is also called the Defence Moneth, that is, the Forbidden Moneth; for, the Latin is, Ponantur in defenso. There are also certain Fence, or Defence Moneths, or seasons for Fish, as well as wild Beasts, as appears by Westm 2. ca. 13. in these words; All waters where Salmons are taken shall be in Defence for taking of Sal∣mons from the Nativity of our Lady unto St. Martins-day. And likewise that young Salmons shall not be taken nor destroyed by Nets, &c. from the midst of April, to the Nativity of St. John Baptist. See also 13 R. 2. Stat. 1. ca. 19.

Fengeld, (Sax.) Pecunia vel tributum ad arcendos hostes erogatum. M. S. Antiq.

Feodal, (Feodalis vel feudalis,) of, or be∣longing to the Fee, Fee-Farm, or Fee-simple. Anno. 12 Car. 2. ca. 24.

Feodary, Feudary, or Feudatary, (Feu∣datarius,) Was an Officer, Authorized and made by the Master of the Court of Wards, by Letters Patent under the Seal of that Office; His Function was, to be present with the Eschea∣tor at the finding any Office, and to give Evi∣dence for the King, as well concerning the va∣lue, as the tenure, to Survey the Land of the Ward, after the Office found, and rate it. He did also assign the Kings Widows their Dow∣ers, and receive all the Rents of Wards lands within his Circuit. This Officer is mentioned Anno. 32 Hen. 8. ca. 46, and seems to be totally taken away by 12 Car. 2. ca. 24. Noble-Men had also particular Feodaries. Humfrey Count de Stafford & de Perch Seigneur de Tunbridge & de Cauz, a nostre Feodier en le Counte de War∣wick, &c. Saches que nous—Dat. 17 H. 6.

Feofment, (Feofamentum, from the Gothish word feudum,) Signifies Donationem feudi, any Gift, or Grant of any Honours, Castles, Man∣nors, Messuages, Lands, or other corporeal and immoveable things of like nature, to another in Fee; that is, to him and his heirs for ever, by the delivery of seisin, and possession of the thing given, whether the gift be made by word, or writing: when it is in writing it is called a Deed of Feofment; and, in every Feofment the giver is called the Feoffer, (Feofators) and, he that receives, by vertue thereof, the Feoffee, (Feofatus.) Litt. lib. 1. ca. 6. says, the proper difference between a Feoffor and a Donor, is, that the first gives in Fee-simple, the other in Fee∣tay〈…〉〈…〉 Feofamentum est ipsum Donum, Concessio vel actus feofandi. See Coke on Litt. fol. 9.

Ferdella terrae, Is ten Acres. See Virgata and Fardel.

Ferdendel. See Fardingdeal.

Ferdfare, Significat quictantiam eundi in Exercitum. Fleta, lib. 1. ca. 47.

Ferdwit, Significat quietantiam murdri in exercitu. Fleta, lib. 1. ca. 47.—Et sint quieti de Fictwite, Flictwite, & Ferdwite, & Hengewite, & Leirwite, &c. Carta 11 H. 3. m. 33.

Ferial-days, (Dies Feriales,) Feriae, (ac∣cording to the Latin Dictionary,) Signifies Holy-dayes, or dayes vacant from Labour and Pleading: But, in the Stat 27 Hen. 6. ca. 5. Fe∣rial dayes are taken for Working dayes; For, S. Silvester ordain'd—Sabbati & Dominici diei nomine retento, reliquos hebdomadae dies feria∣rum nomine distinctos, ut jam ante in Ecclesia vocari coeperant, appellari. So that Ferial dayes are properly all the dayes of the Week, ex∣cept Saturday and Sunday.

Ferling, (Ferlingus. Sax. feorthling,) The fourth part of a Penny; Quadrans. Quando Quarterium frumenti venditur pro 12 denar. tunc panis wastelli de Ferling is ponderabit 5 lib. & 16 Sol. Assis. panis & Cervis. Anno 51 Hen. 3. Cam. tit. Huntingdon, says, there were in this Borough four Ferlings, that is, quarters of Wards.

Ferlingata terrae, The fourth part of a Yardland. Decem acrae faciunt Ferlingatam, 4 Ferlingatae faciunt Virgatam, 4 Virgatae faciunt Hidam, 5 Hidae faciunt Feodum militare. Esc. 12 Ed. 2. n. 18. Ebor. In Ancient Records ferlingus terrae is also used. See Mon. Angl. 2 Part. fol. 8. a. and elsewhere Ferdlingus ter∣rae.

Ferm or Farm, (Lat. Firma. Sax. feorme. Fr. Ferme,) Signifies a Mouse and Land, taken by Lease in writing or parol. This in the North-parts is called a Tack; in Lancashire a Ferm-holt, in Essex a Wike. I find locare ad fir∣mam sometimes to signifie with others, as much as to let, or set to Farm with us; the reason may be in respect of the sure hold they have above Tenants at Will. Vide Vocab. utriusque

Juris, ver••o, Afflictus. How many ways Ferm is taken see Plowden, Casu Wriothesley, fol. 195. and Terms Ley, verbo, Farm.

Fermisona, The Winter season of Deer, as Tempus Pinguedinis is the Summer season.—Quod idem Hugo & haeredes sui de caetero quo∣libet anno possunt capere in praedicto Parco. (de Blore) unam damam in Fermisona inter Festum Sancti Martini & Purif. Beatae Mariae, & unum damum in Pinguedine inter Festum Sanctae Crucis in Mayo & Festum S. Crucis in Septembr. imperpetuum: Ita quod qualemcun∣que bestiam tempore Pinguedinis vel Fermisonae bersaverint, vel cum praedictis canibus ceperint, illa bestia cis remanebit; & si sit in Fermisona allocabitur cis pro dama, & si sit in Pinguedine, allocabitur cis pro dama, &c. Fin. Concor. in Guria Dom. Regis apud Litchfield coram Ro∣ger. de Turkilby, &c. inter Hugonem de A∣covre quer. & Wil. de Aldeleley Defore. Penes Williel. Dugdale, Arm. See Tempus Pingue∣dinis.

Rex—dilecto Ric. Cassel custodi Manerii de Brustwyk salutem. Cum mittamus dilectum va∣lettum nostrum Johannem de Fulham ad instan∣tem. Fermisonam in Pareis nostris ibidem, prout vobis & sibi melius ad opus nostrum fore videritis faciend, capiend. Vbbis mandamus, &c. Claus. 30 Edw. 1. m. 18.

Ferrure (Fr.) The Shooing of Horses. See Bouche of Court.

Festingmen—Ut illud Monasterium (sc. de Breodun) sit liberatum ab illis incommodis, quae nos Saxonica lingua Festingmen dicimus. Certa Berhtuulfi Regis Merciorum. In Mon. Angl. 1. par. fol. 123. a; The Saxon festen∣mon signifies Fidejussor, a surety: So that by this Charter probably they were to be free from the Franck-pledge, and not bound for any Mans forth-coming, who should transgress the Law.

Feud or Féed (Feida alias Faida) Signifies in the German tongue Guerram, i. Bellum. Lam∣bert writes it Féeth, and says it signifies Capi∣tales inimicitias. Feud is used in Scotland, and the North of England, for a Combination of Kinred to revenge the death of any of their Blood, against the killer, and all his race, or any other great enemy. See Skene verbo Affi∣datio, and 43 Eliz. cap. 13.

Feudal. See Feodal.

Feudary. See Feudary.

Feud-bote (Sax. foehthbote) A recom∣pence for engaging in a Feud or Faction, and for the damages consequent: It having been the custom of ancient times, for all the Kinred to engage in their Kinsmans quarrel, according to that of Tacitus, de Moribus German. Susci∣pere tam inimicitias, seu patris, seu propinqui, quam amicitias, necesse est. Sax. Dict.

Fictale, Fildale, and Filckale (Bract. lib. 3. fol. 117.) A kinde of Compotation or Entertainment made by Bailiffs, to those of their Hundreds for their gain; or (according to Sir Edw. Cokes 4. Instit. fol. 307.) an Extor∣tion Colore compotationis. See Scotale.

Fieri facias, Is a Writ Judicial, that lies at all times within the year and day, for him that hath recovered in an Action of Debt or Damages, to the Sheriff, to command him to levy the Debt or Damages, of his Goods, against whom the Recovery was had. This Writ had beginning from Westm. 2. cap. 18. See Old Nat. Br. fol. 152. And great diversity thereof in the Table of Regist. Judic. verbo, Fieri facias.

Fiftéenth (Decima quinta) Is a Tribute or Imposition of Money laid upon any City, Bo∣rough, or other Town through the Realm, not by the Poll, or upon this or that Man, but in general upon the whole City or Town; and is so called, because it amounts to a Fifteenth part of that which the City hath been valued at of old, or to a Fifteenth part of every Mans Goods and Personal Estate, according to a reasonable valuation. This is imposed by Par∣liament, and every Town, through the Realm, knows what a Fifteenth for themselves amounts unto, because it is always the same: Whereas the Subsidy, which is raised of every particular Mans Lands or Goods, must needs be incertain, because every Mans Estate is incertain: And in that regard, the Fifteenth seems to have been a Rate anciently laid upon every Town, accord∣ing to the Land or Circuit belonging to it, whereof Camden mentions many in his Britan. viz. pag. 171. Bath geldabat pro viginti hidis, quando schira geldabat, and pag. 181. Old Sarum pro quinquaginta hidis geldabat, &c. Which Rates were according to Domesday. So that this seemed in old time to be a yearly tribute in certainty, whereas now, though the Rate be certain, yet it is not levied, but by Parliament. See Tax and Quinsieme.

Fightwite (Sax.) Mulcta ob commissam pugnam in perturbationem pacis. In exercitu Regis 120 Sol. luebatur Fightwita, i. Forisfactura pugnae. M. S. Codex.

Filazer (from the Fr. Fil, a Thred, Line, or String) Is an Officer in the Court of Common Pleas (so called, because he Files those Writs, whereon he makes out Writs or Process) whereof there are fourteen in their several Di∣visions and Counties. They make out all Writs and Process upon Original Writs issuing out of the Chancery, as well Real, as Personal, and mixt, returnable in that Court. And in Actions meerly personal, where the Defendants are returned summoned, make out Pones or Attachments, which being returned and exe∣cuted, if the Defendant appears not, they make out a Distringas, and so Ad infinitum, or until he doth appear: If he be returned nihil, then Process of Capias infinite, if the Plaintiff will, or after the third Capias, the Plaintiff may proceed to Utlary in the County where his original is grounded, and have an Exigent with Proclamation. Also the Filazers make forth all Writs of View in Real Actions, where the View is prayed, and upon Replevins or Re∣cordares, Writs of Retorno habendo, Second Deliverance, and Writs of Withernam; in Real

Actions, Writs of Grand and Petit Cape before appearance. They enter all Appearances and Special Bails, upon any Process made by them. They make the first Scire Facias upon Special Bails, Writs of Habeas Corpus, Distringas, Nuper Vice-comitem vel Balivum, and Duces te∣cum, and all Supersedeas upon Special Bail or Appearance, &c. Writs of Habeas Corpus cum Causa upon the Sheriffs Return, that the De∣fendant is detained with other Actions, Writs of Adjournment of a Term, in case of Pesti∣lence, War, or Publick Disturbance; and (until an Order of that Court, made 14 Jac. which limited the Filazers to all mat∣ters and proceedings before Appearance, and the Prothonotaries to all after) did enter Decla∣rations, Imparlances, Judgments, and Pleas, whereunto a Serjeants hand was not requisite, and made out Writs of Execution, and divers other Judicial Writs after Appearance. And in the Kings Bench, of later times, there have been Filazers, who make Process upon Original Writs returnable in that Court, upon Actions Contra Pacem: The Filazers of the Common Pleas having been Officers of that Court before the Statute of 10 Hen. 6. cap. 4. wherein they are mentioned. F. P.

Filiolus, Is properly a little Son, also a Godson. Sciant—quod ego Johannes Lovet Miles Dominus de Elmeley Lovet, Dedi—Wal∣tero le Blount fratri meo & Johanni Filio suo, Filiolo meo quindecim solidos annui reditus, &c. Sine dat. Here Filiolus is used for a Nephew; for Walter Blount married the sister of this Sir John Lovet; unless John the Son, were also Godson to Sir John.

Filkale. See Sothale and Fictale.

File (Filacium) A Thred or Wier, where∣on Writs or other Exhibits in Courts and Offi∣ces are fastned, properly called Filed, for the more safe keeping them.

Finders (Anno 18 Edw. 3. stat. 1. and 14 Rich. 2. cap. 10.) Seem to be all one with those, which in these days we call Searchers.

Fine (Finis) Hath divers uses or significa∣tions; the first and most noble is, (according to Glanvile, lib. 8. cap. 1.) Amicabilis compositio & finalis concordia, ex consensu & licentia Domini Regis vel ejus Justiciariorum; or a Covenant made before Justices, and entred of Record for Conveyance of Lands, Tenements, or any thing inheritable, being In esse tempore Finis; to the end, to cut off all Controversies. Et Fi∣nis dicitur Finalis Concordia, quia imponit finem litibus, & est exceptio peremptoria, says Bracton, lib. 5. tract. 5. cap. 28. num. 7. See the New Book of Entries, verbo, Fines. And 27 Edw. 1. stat. 1. cap. 1. So that this Fine appears to be a Compo∣sition or Concord, acknowledged and recorded before a Competent Judge, touching some Hereditament, or thing immovable, that was in controversie between the parties to the same Concord; and that, for the better credit of the transaction, it is by imputation made in the presence of the King, because levied in his Court; and therefore it bindes Women-Co∣vert, being parties, and others whom ordinari∣ly the Law disables to transact, onely for this reason, That all presumption of deceit or evil meaning is excluded, where the King and His Court of Justice are supposed to be privy to the Act.

Originally the use of this Final Concord was instituted and allowed, in regard that, by the Law and ancient course of Proceedings, no Plaintiff (giving Real Security or Sureties, De clamore suo prosequendo, and being to be Fined or Amerced by the Judges, if he failed there∣in, which, as appeareth by the Records of King Edward the First, were duly Estreated and certified into the Exchequer) could agree without License of the Court: So as Fines have been anciently levied in Personal Actions, and for no greater a sum of Money then xi l. But subtilty of Wit and Reason, hath in time wrought other uses of it, viz. To cut off In∣tails; and with more certainty to pass the in∣terest or title of any Land or Tenement, though not controverted, to whom we think good, either for years or in Fee. In so much as the passing a Fine, in most Cases now, is but Mera fictio Juris, alluding to the use for which it was invented, and supposing an Action or Contro∣versie, where in truth none is, and so not one∣ly operating a present Bar, and Conclusion against the parties to the Fine, and their Heirs; but at five years end, against all others, not expresly excepted (if it be levied upon good consideration and without Covin) as Women∣covert, Persons under Twenty one years, Pri∣soners, or such as are out of the Realm, at the time of its acknowledging. Touching which, see the Statutes Anno 1 Rich. 3. cap. 7.—4 H. 7. cap. 14.—32 Hen. 8. cap. 36. and 31 Eliz. cap. 2.

This Fine hath in it five essential Parts, 1. The Original Writ taken out against the Cog∣nizor. 2. The Kings License giving the par∣ties liberty to accord, for which he hath a Fine, called the Kings Silver, being accounted part of the Crowns Revenue. 3. The Concord it self, which begins thus, Et est Concordia talis, &c. 4. The note of the Fine, which is an ab∣stract of the Original Concord, beginning thus. Sc. Inter R. querentem, & S. & T. uxorem ejus deforcientes, &c. (where in stead of Deforcien∣tes, anciently Impedientes was used) 5. The foot of the Fine (Haec est Finalis Concordia facta in Curia Domini Regis apud Westm, a die Poschae in Quindecim dies, Anno &c.) includes all, containing the day, year, and place, and be∣fore what Justice the Concord was made. Coke, vol. 6. Casu ••ey, fol. 38.

This Fine is either single or double; a Single fins is that by which nothing is granted or ren∣dred back again by the Cognizees to the Cogni∣zors, or any of them. A Double fine contains a grant, and render back, either of some Rent, common, or other thing out of the Land, or of the Land it self, to all or some of the Cogni∣zors for some Estate, limiting thereby many times Remainders to strangers, not named in

the Writ of Covenant; and a Fine is sometimes called a double fine, when the Lands do lie in several Counties. Again, a Fine is in its effect, divided into a Fine executed, and a Fine execu∣tory; a Fine executed is such, as of its own force gives a present possession (at least in Law) to the Conizec, so that he needs no Writ of Habere facias Seizinam, for Execution of the same; but may enter, of which sort is a Fine Sur cognizance de droit come ceo que il ad de son done, that is, upon acknowledgment, that the thing mentioned in the Concord is, Jus ipsius cogniza••i, ut illa quae idem habet de dono Cognitoris. West, sect. 51. K. The reason is, be∣cause this Fine passeth by way of Release of that thing, which the Conizee hath already (at least by supposition) by vertue of a former gift of the Conizor. Coke, lib. 3. Case of Fines, fol. 89. b. Which is, in very Deed, the surest Fine of all. Fines Executory, are such as of their own force, do not execute the possession in the Cognizees, as Fines, Sur cognizance de droit tantum, Fines sur done, Grant, Release, Con∣firmation, or Render. For, if such Fines are not levied, or such render made to those who are in possession at the time of the Fines levied, the Conizees must needs sue out Writs of Habere facias seisinam, according to their seve∣ral Cases, for obtaining their possessions, ex∣cept at the levying such Executory fines, the parties to whom the Estate is limited, be in possession of the Lands passed thereby: For in this Case such Fines do enure by way of extin∣guishment of Right, not altering the Estate or Possession of the Cognizee, but perhaps better∣ing it. West Symbol. sect. 20.

Touching the form of these Fines, it is to be considered, upon what Writ or Action the Concord is to be made, and that is most com∣monly, upon a Writ of Covenant, and then there must first pass a pair of Indentures be∣tween the Cognizor and Cognizee, whereby the Cognizor Covenants with the Cognizee, to pass a Fine to him, of such and such things, by a day limited: As these Indentures are first in this proceeding, so are they said to lead the Fine. Upon this Covenant, the Writ of Cove∣nant is brought by the Cognizee against the Cognizo••, who thereupon yields to pass the Fine before the Judge, and so, the Acknow∣ledgment being Recorded, the Cognizor and his Heirs are presently concluded, and all stran∣gers (not excepted) after five years passed. If the Writ, whereon the Fine is grounded, be not a Writ of Covenant, but of Warrantia Chartae, or a Writ of Right, or of Mesn, or of Customs and Services (for of all these Fines may also be founded, West, sect. 23.) then this Form is observed; the Writ is served upon the party that is to acknowledge the Fine, and then he appearing, doth accordingly. See Dyer, fol. 179. num. 46.

Fines are now onely levied in the Court of Common Pleas at Westminster, in regard of the solemnity thereof, ordained by the Statute of 18 Edw. 1. Before which time they were some∣times levied in the County Courts, Court Barons, and in the Exchequer, as may be seen in Mr. Dugdales Origines Juridiciales & alibi.

This word Fine sometimes signifies a sum of Money, paid for an income to Lands or Tene∣ments let by Lease, anciently called Gersuma, sometimes an amends, pecuniary punishment, or recompence upon an offence committed against the King, and his Laws, or a Lord of a Mannor. In which case a Man is said Facere Finem de transgressione cum Rege, &c. Reg. Jud. fol. 25. a. Of the diversity of these Fines, see Cromptons Just. of Peace, fol 141. b. 143, 144. and Lamb. Eiren. lib. 4. cap. 16. But in all these diversities of Uses, it hath but one significa∣tion, and that is a Final conclusion or end of differences between parties. And in this last sence, wherein it is used for the ending and remission of an Offence, Bracton hath it (lib. 2. cap. 15. num. 8.) speaking of a Common Fine, that the County pays to the King, for false Judgments, or other Trespasses, which is to be Assessed by the Justices in Eyr before their de∣parture, by the Oath of Knights, and other good men, upon such as ought to pay it; with whom agrees the Statute 3 Edw. 1. cap. 18. There is also a Common fine in Leets, see Kitchin, fol. 13. Vide Common Fine. Fleta, lib. 1. cap. 48. and Coke on Littl. fol. 126. b.

Fines for Alienation, Are reasonable Fines paid to the King by his Tenants in Cheif, for License to Alien their Lands, according to the Stat. 1 Edw. 3. cap. 12. But see the Stat. 12 Car. 2. cap. 24.

Fines pro Licentia Concordandi. Anno 21 Hen. 8. cap. 1. See Fine.

Fine force (from the Fr. Fin, i. crafty or subtil, and ferce, i. vis) Seems to signifie an ab∣solute necessity or constraint, not avoidable; and in this sence it is used, Old Nat. Br. fol. 78. And in the Stat. 35 Hen. 8. cap. 12. in Perkins, Dower, fol. 321. Plowden, fol. 94. Coke, vol. 6. fol. 111. a.

Fine adnullando levato de tenemento quod fuit de antiquo Dominico, Is a Writ to Justices, for disannulling a Fine levied of Lands holden in Ancient Demesn, to the pre∣judice of the Lord. Reg. of Writs, fol. 15. b.

Fine Capiendo pro terris, &c. Is a Writ lying for one, who upon Conviction by a Jury, having his Lands and Goods taken into the Kings hand, and his body committed to pri∣son, obtains favor for a sum of Money, &c. to be remitted his imprisonment, and his Lands and Goods to be re-delivered to him. Reg. of Writs, fol. 142. a.

Fine levando de tenementis tentis de Rege in Capite, &c. Was a Writ directed to the justices of the Common. Pleas, whereby to License them to admit of a Fine for the sale of Land holden in Capite. Reg. of Writs, fol. 167. a.

Fine non capiendo pro pulchre placi∣tando, Is a Writ to inhibit Officers of Courts to take Fines for fair pleading. Reg. of Writs, fol. 179.

Fine pro redisseisina capienda, &c. Is a Writ lying for the release of one laid in pri∣son for a Re-disseisin, upon a reasonable Fine. Reg. of Writs, fol. 222.

Finors of Gold and Silver, Are those that purifie and part those Mettals from other courser, by Fire and Water. Anno 4 Hen. 7. cap. 2. They are also called Parters in the same place, and sometimes Departers.

Firdstole. See Fridstole.

Firebare—Quod sine dilatione levari & re∣parari fac. signa & Firebares super montes al∣tiores in quolibet Hundredo: Ita quod tota patria, per illa signa, quo••iescu••que necesse fuit, prae∣muniri potest, &c. Ordinatio pro vigil. obser∣vand. a Lynne usque Yermouth, temp. Ed. 2. Perhaps from the Saxon Fyretor, a Beacon or a High Tower by the Sea-side, wherein were continual Lights, either to direct Sailers in the Night, or give warning of the Enemy.

Firebote (Sax.) Signifies allowance of Wood or Estovers, to maintain competent Fire for the use of the Tenant. See Hay∣bote.

Firma, see Ferme. Ad firmam noctis was a Custom or Tribute paid towards the entertain∣ment of the King for one night, according to Domesday. Comes Meriton T. R. E. (i. tempore Regis Edovardi Conf.) reddebat firmam unius noctis, i. Provision or Entertainment for one night, or the valne of it. Firma Regis, anci∣ently, Pro villa Regia, seu Regis Manerio. Spel.

First-fruits or Annates (Primitiae) Are the Profits, after Avoidance, of every Spiritual Living for one year, given in ancient time to the Pope throughout all Christendom, but by the Stat. 26 Hen. 8. cap. 3. translated here in England to the King: For ordering whereof, there was a Court erected 32 Hen. 8. cap. 45. but dissolved, 1 Mar. Sess. 2. cap. 10. And since that time, though those Profits are re∣duced again to the Crown, 1 Eliz. cap. 4. yet was the Court never restored, but all matters, formerly handled therein, were transferred to the Exchequer. See Annates.

Fish-garth (Anno 23 Hen. 8. cap. 18.) A Dam or Wear in a River, made for the taking of Fish; especially in the Rivers Owse and Humber. See Garth.

Fithwite, Rectiùs Fihtewite, a Sax. Feoht, pugna, and wite, mulcta; mulcta ob commissam pugnam in perturbationem pacis pub∣licae. Fithwite, i. si pugnaverint & percusse∣rint se, quamvis sanguinem non extraxerint, Prior habebit inde amerciamenta. Ex Registro Priorat. de Cokesford.

Fledwite or Flightwite (Sax. Flyht, fuga & wite, mulcta) Signifies, in our ancient Laws, a Discharge or Freedom from Amerciaments, when one, having been an outlawed Fugitive, comes to the Peace of our Lord the King, of his own accord, or with licence. Thus Rastal. But Quaere, whether it does not rather signifie a Mulct or Fine set upon a Fugitive?

Fléet (Sax. Fleot, i. A place, where the Water ebbs and flows, a running Water) A famous Prison in London, so called from the River, on the side whereof it stands. To this Prison, Men are usually committed for con∣tempt to the King, and his Laws, or upon ab∣solute command of the King, or some of His Courts, or lastly for Debt, when Men are un∣able, or unwilling to satisfie their Creditors.

Flem and Fleth. (Sax. Flema, an Outlaw, and Flet, a House) In Placito de quo Warranto Abbas de Burgo dicit quod clamat annum & vastum & medium tempus per haec verba Flem & Fleth. Trin. 7 Edw. 3.

Flemasiace (from the Sax. Flema, a Fugi∣tive, or Outlaw, and slean, to kill or slay) By vertue of this word were claimed Bona felo∣num, as appears upon a Quo Warranto, Temp. Edw. 3. See Keilways Rep. fol. 145. b.

Flemenesfirinthe (Rectiùs Flymenafyrmthe, A Sax. Flyma, i. Fugitivus & Fyrmþe, suscep∣tio, admissio. LL. Inae. cap. 29. & 47. LL. etiam Hen. 1. cap. 10, 12.) Signifies the receiving or relieving a Fugitive.—Cum Sacha & Socha, Tol & Team, Infangenethof & Flemenesfyrinthe & Gridbreche, Forstal, Hamsocne, Blodwite, Ordel & Oreste. Carta Edw. Conf. Monasterio de Waltham. I finde this word often in anci∣ent Charters erroneously written: As Fle∣meneferd, Flemenefrit, Flemnenefremeth, Flemanisflit, Flemenewurde, Fremene∣fenda, and Flemenesfreicthe. All doubtless intended for the same thing.

Flemenesfreme and Flemenesfrenthe, Interpretantur catalla fugitivorum. Mich. 10 H. 4. Hertf. 59. Coram Rege. Rot. 59. See Flemenes∣firinthe.

Flemeswite (Sax.) Signifies a Liberty or Charter, whereby to challenge the Cattle, or Amerciaments of your Man a Fugitive. Rastals Exposition of words. Fleta writes it two other ways, viz. Flemenesfrevie and Flemenesfreicthe, and interprets it, Habere catalla fugitivorum, lib. 1. cap. 47. See Flem, and Flemenesfi∣rinthe.

Fletwite (Sax.) Est mulcta utlagatis & fugitivis indicta, ob veniam & pacem Regis im∣petrandam. See Fledwite.

Flidethrift, otherwise called Shovegroate, Is the same game we now call Shovelboard, and mentioned 33 Hen. 8. cap. 9. This should rather have been called Slidethrift.

Flitchtwite alias Flitwite, (from the Sax. Flit, Convention or Strife) Significat mulctam ob contentiones, rixas & jurgia imposi∣tam, & cui haec à Principe conceduntur, potest in Curiâ suâ cognoscere de hujusmodi transgressi∣onibus, vel mulctas inde provenientes in Curia Regis, à delinquentibus exigere & sibimet retinere. Thus Spelman. Flitwite, i. Quod Prior ••o∣neat Placita in Curia sua de contentionibus & conviciis hominum suorum & habeat inde Amer∣ciamenta. Ex Reg. Priorat de Cokesford.

Florences (Anno 1 Rich. 3 cap. 8.) A kinde of Cloth so called.

Flotages (Fr. Flotage, i. a Floating or Swimming on the top) Are such things, as by accident float or swim on the top of the Sea, or great Rivers. I have seen the word used in the Commission of a Water-Bailiff.

Flotson alias Flotzan (from the Sax. fleo∣ten, i. natare) Is a word proper to the Seas, signifying any Goods lost by Shipwrack, and which lie floating or swimming on the top of the Water, which with Jetson, Lagon, and Shares, are given to the Lord Admiral by his Letters Patent. Jetson is any thing cast out of the Ship, being in danger of Wreck, and beaten to the shore by the Waves, or cast on it by the Mariners. Coke, vol. 6. fol. 106. a. Lagon, alias Lagan vel Ligam, Is that which lies in the bot∣tom of the Sea. Coke, ibid. Shares are Goods due to more by proportion.

Foder (Sax. fodre) Any kinde of Meat for Horses or other Cattle. See Forage. But among the Feudists it is used for a Prerogative that the Prince hath, to be provided of Corn, and other Meat for His Horses by His Subjects, in His Wars, or other expeditions. Hotoman de verbis feudal: See Fother.—Nec non redditus qui dicuntur Hidagium & Foddercorn in perpetuum Abbatibus (de S. Edmundo) de∣signentur. Mon. Angl. 1 Part. fol. 297. a.

Fogage (Fogagium) Fog or Feg, rank Grass not eaten in Summer. LL. Forestar. Scot. cap. 16.

Folc-lands (Sax.) Copihold Lands were so called in the time of the Saxons, and Char∣ter-Lands were called Boc-lands. Kitchin, 174. Fundus sine scripto possessus (says Master Somner) censum pensitans annuum, & officiorum servituti obnoxius. Terra Popularis.

Folcmote and Folkesmote (Sax. Folc-ge∣mot, i. Conventus populi) Signifies (according to Lambert) two kindes of Courts, one now called the County Court, the other the Sheriffs Turn. The word is still in use among the Lon∣doners, and signifies Celebrem ex omni Civitate conventum. Stow in his Survey. But Manwood says, It is the Court holden in London, where∣in all the folk and people of the City did com∣plain of the Major and Aldermen for any mis∣government. Mr. Somner in his Saxon Dicti∣onary says, It is a general Assembly of the peo∣ple for considering and ordering Matters of the Commonwealth. Omnes proceres Regni & Milites & liberi homines universi totius Regni Britanniae facere debent in pleno Folcmote fide∣litatem Domino Regi, coram Episcopis Regni. In Leg. Edw. Confes. cap. 35.

Fold-course (Croke, 2 Part. fol. 43.) See Faldage.

Folgheres or Folgeres (from the Sax. folger, i. to follow) Are properly followers; but Bracton (lib. 3. tract. 2. cap. 10.) says it sig∣nifies, Eos qui aliis deserviunt. Vide LL. Hen. 1. cap. 9.

Footgeld. See Foutgeld.

Foot of the Fine. See Chirographer.

Forage (Fr. Fourrage) Fodder for Cattle. Cestes. sont, les Covenants feates le Vendredy pro∣chein devant la Feste de Scinte Jake l'Apostle. 20 Edw. 3. Perentre Nichol de Stone d'une parte & John de Blount d'autre parte.—Et le dit John trovera au dit Nichol herbe & feyn & Forage pour un Hakeney & deux vaches, &c. Penes Wal. Kirkham-Blount Bar.

Forathe. Liberalis autem homo, i. Pegen. odò crimen suum non sit inter majora, habeat fidelem hominem qui possit pro eo jurare juramen∣tum, i. Forathe. Si autem non habet, ipsemet juret, nec perdonetur ei aliquod juramentum. Constitut. Canuti de Foresta, sect. 12.

Forbarre or Forebar, Is to Bar or de∣prive for ever. Anno 9 R. 2. cap. 2. and 6 H. 6. cap. 4.

Forbusher of Armor (Forbator) Si quis for∣bator arma alicujus susceperit, ad purgandum, &c. LL. Aluredi. M. S. cap. 22.

Force (Fr.) Is most usually applied to the evil part, and signifies unlawful violence, West defines it to be an offence, by which violence is used to things or persons. Parte 2. Symbol. tit. Indictments, sect. 65. where he also divides it into Simple and Compound: Simple force is that which is so committed, that it hath no other crime annexed to it; as if one by force do onely enter into another Mans possession, without doing any other unlawful act. Mixt force is when some violence is committed with such a fact, as of it self onely is criminal: As, if any by force enter into another Mans possession, and kill a Man, or ravish a Woman, &c. He further divides it into True force, and Force after a sort, and so proceeds to divers other Branch∣es, worth the reading, as forcible Entry, forci∣ble Detaining, unlawful Assembly, Routs, Riots, Rebellions, &c.

Forcible detaining, or with-holding possession, Is a violent act of resistance, by strong hand of Men weaponed, or other action of fear in the same place or elswhere, by which the lawful Entry of Justices, or others, is bard or hindered. West, pa. 2. Symbol. tit. Indict∣ments, sect. 65. Cromptons Just. of Peace, fol. 59.

Forcible Entry, (Ingressus manu forti factus) Is a violent actual entry into House or Land, &c. or taking a distress being weaponed, whether he offer violence or fear of hurt to any there, or furiously drive any out of possession. West and Crompton ut supra. It is also used for a Writ grounded upon the Stat. 8 Hen. 6. cap. 9. whereof read Fitz. Nat. Br. at large, fol. 248. New Book of Entries, verbo, Forcible Entry, and Lamberts Eiren. lib. 2. cap 4.

Foreclosed (Anno 33 Hen. 8. cap. 39.) Barred; shut out, or excluded for ever. 2 Part. Inst. fol. 298.

Foregoers, Were Purveyors, otherwise called, Going before the King in Progress, to provide for Him. Anno 36 Edw. 3. cap. 5.

Forein (Fr. Forain, Lat. Forinsecus) Is in our Law joyned with divers Substantives in Senses, not unworthy the Exposition: As Forein Matter, that is matter triable in another County (Pl. Cor. fol. 154.) or matter done in another County. Kitchin, fol. 126.

Forein Plea, Is a refusal of the Judge, as in∣competent, because the matter in question is not within his Jurisdiction. Kitchin, f. 75. Anno 4 Hen. 8. cap. 2. And 22 Ejusdem, cap. 2. & 14.

Forein Answer, Is such an Answer as is not triable in the County where it is made. 15 Hen. 6. cap. 5.

Forein Service, Is that, whereby a Mean Lord holds over of another, without the com∣pass of his own Fee, (Broke, tit. Tenures, fol. 28, 95, 251. num. 12. & 28. Kitchin, fol. 209.) or else that which a Tenant performs either to his own Lord, or to the Lord Paramount out of the Fee. Of which Services, thus Bracton, (lib. 2. cap. 16. num. 7.) Item sunt quaedam ser∣vitia, quae dicuntur forinseca, quamvis sunt in charta de Feoffamento expressa & nominata; & quae ideo dici possunt forinseca, quia pertinent ad Dominum Regem, & non ad Dominum capita∣lem, nisi cum in propria persona profectus fuerit in servitio, vel nisi cum pro servitio suo satisfecerit Domino Regi quocunque modo, & fiunt in certis temporibus, cum casus & necessitas evenerit, & varia habent nomina & diversa: Quandoque enim nominantur forinseca, largè sumpto voca∣bulo, quoad servitium Domini Regis, quandoque Scutagium, quandoque servitium Domini Regis, & ideo forinsecum dici potest, quia sit & capitur foris, sive extra servitium quod fit Domino capi∣tali. Forein Service, seems to be Knights-ser∣vice or Escuage uncertain. Perkins, Reserva∣tion. 650.—Salvo forinseco servicio. Mon. Angl. 2 Par. fol. 637. b.

Forein Attachment, Is an Attachment of Foreiners Goods found within a Liberty, or a City, for the satisfaction of some Citizen, to whom the Foreiner is indebted. At Lempster (anciently Leominstre) there is the Borough and the Forein; which last, is within the Juris∣diction of the Mannor, but not within the Bai∣liff of the Boroughs Liberty.

Forein Opposer or Apposer (Forinsecarum Oppositor) Is an Officer in the Exchequer, to whom all Sheriffs, after they are apposed of their sums out of the Pipe Office, do repair to be opposed by him of their Green Wax. He examines the Sheriffs Estreats with the Record, and apposeth the Sheriff, what he says to every particular sum therein. Practise of the Exchequer, fol. 87. See 4 Inst. fol. 107.

Forera, Terra transversalis, seu Capitalis, A Head-land, or (as they vulgarly call it) Hade-land.—Uno capite abuttante super Fore∣ram Rogeri Attecastel. Carta de Anno 47 Edw. 3. Penes Tho. Wollascot, Arm.

Forest (Foresta) Signifies a great or vast Wood; Locus silvestris & saltuosus. Our Law∣writers define it to be Locum, Ubi ferae inhabi∣tant vel includuntur. Others say it is called Foresta, quasi, Ferarum statio, vel tuba mansio ferarum. Manwood in his second Part of Forest Laws, cap. 1. defines it thus. A Forest is a certain Territory of Woody Grounds, and Fruitful Pastures, priviledged for Wilde Beasts and Fowls of Forest, Chase, and Warren, to rest in and abide, in the safe Protection of the King, for His Princely delight; meered and bounded with unremove∣able Marks, Meers and Boundaries, either known by Matter of Record or Prescription; Re∣plenished with Wilde Beasts of Venary or Chase, and with great Coverts of Vert, for succor of the said Beasts. For preservation and continuance of which place, with the Vert and Venison, there are certain particular Laws, Priviledges, and Officers, belonging onely thereto.

Its properties are these: First, A Forest, as it is truly and strictly taken, cannot be in the hands of any, but the King; because none hath power to grant Commission to be a Justice in Eyre of the Forest, but the King. (Yet the Abbot of Whitby had a Forest by Grant of Henry the Second, and King John, with all Officers incident thereto. 4 Inst. fol. 305. & 314.) The second property is the Courts, as the Justice Seat, every three years; the Swain∣mote thrice every year, and the Attachment, once every forty days. The third, may be the Officers belonging to it, for preservation of the Vert and Venison: As first, the Justices of the Forest, the Warden or Keeper, the Verderers, the Foresters, Agistors, Regarders, Bailiffs, Bedels, and such like, which see in their places. See Manwood, p〈…〉〈…〉 cap. 1. num. 4 & 5. But the most especial Court of a Forest, is the Swain-mote, which is no less incident to it, then the Court of Pye-Powders to a Fair. If this fail, then is there nothing of a Forest remaining, but it is turned into the nature of a Chace. There are reckoned to be in England Sixty eight Forests. For the ascertaining the Meets and Bounds of Forests. See Anno 17 Car. 1. cap. 16.

Forestagium,—Et sint quieti de Theoloneo & Passagio, & de Forestagio, & Theoloneo a∣quarum & viarum Forestam meam contingentium. Carta 18 Edw. 1. m. 10. n. 30. Seems to sig∣nifie some duty or tribute payable to the Kings Foresters; as Chiminage, or such like.

Forestal. See Forstal.

Forester, (Forestarius,) Is a Sworn Officer of the Forest, appointed by the Kings Letters Patent to walk the Forest both early and late, watching both the Vert and the Venison, at∣taching and presenting all Trespassers against them, within their own Bayliwick or Walk; whose Oath you may see in Crompton, fol. 201. And, though these Letters Patent are ordina∣rily granted, but quam diu se bene gesserint, yet they are granted to some and their heirs, who are hereby called Foresters, or Fosters in Fee. (Idem fol. 157 and 159. And Manwood, Part. 1. pa. 220.) whom, in Latin, Grompton calls Forastarium Feudi, fol. 175.

Fore-judging or Forjudging, (Forju∣dicatio,) Signifies a Judgment, whereby a Man is deprived, or put by the thing in question. Bracton, (lib. 4. Tract. 3. ca. 5.) has these words,—Et non permittas quod A, capitalis, Dominus Feudi illius, habeat custodiam haeredis, &c. quia in Curia nostra forisjudicatur de cu∣stodia, &c. So does Kitchin use it, fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat.

5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudica∣tus, with Authors of other Nations, signifies as much as banished, or as Deportatus in the anci∣ent Roman-Law, as appears by Vincentius de franchis Descis. 102.

Forjudged the Court, Is, when an Officer of any Court is banished, or expeld the same, for some offence, or for not appearing to an Action by Bill filed against him; and, in the later, he is not to be admitted to Officiate, till he shall appear to the Bill. Anno 2 Hen. 4. ca. 8.—He shall lose his Office, and be forjudged the Court, &c. Forjudicare inter∣dum est male judicare, Spel.

Forfang & Forefeng, (A Sax. fore, ante, fangen, prendere,) est captio obsoniorum, quae in foris aut nundinis ab aliquo fit, priusquam minister Regis ea ceperit quae Regi fuerint necessaria. An∣tecaptio.—Et sint quieti de Wardwite, & de utlewe & Forvenge & Withfange, &c. Carta Hen. 1. Hosp. Sancti Barth. Lond. An. 1133.

Forfeiture, (Forisfactura,) comes of the French Forfact, i. Scelus; but signifies with us, rather the effect of transgressing a Penal Law, then the transgression it self, as forfei∣ture of Escheats, Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus. Goods confiscated and goods forfcited differ. Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner, who has committed some offence, where∣by he loseth his Goods; Confiscate, are those, that are disavowed by an Offender, as not his own, nor claimed by any other. But, Forfeiture is rather more general, and Confiscation parti∣cular to such as forfeit onely to the Princes Ex∣chequer. Full forfeiture, (plena forisfactura) otherwise called plenawita, Is a forfeiture of life and member, and all else that a man hath. Manwood, Part. 1. pa. 341.

Forfeiture of Marriage, (Foris factura Maritagii,) Is a Writ which lay against him, who, holding by Knights-service, and being un∣der age, and unmarried, refused her, whom the Lord offer'd him, without his disparagement, and married another. Fitz. Nat. Br. fol. 141. Reg. of Writs, fol. 163. b.

Forfeng, forefeng, & Forbenge, Quie∣tantiam prioris prisae designat; In hoc enim de∣linquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt. Fleta, lib. 1. ca. 47. See Forfang.

Forger of false Deeds, (from the French, Forger. i. To beat on an Anvil, or bring into shape,) Signifies either him that fraudulently makes and publishes false Writings, to the pre∣judice of any mans right, or else the Writ that lies against him, who commits this offence. Fitz. Nat. Br. fol. 96. b. sayes, That a Writ of Deceit lies against him, who commits this of∣fence; and, the penalty of it is declared in the Stat. 5 Eliz. ca. 14.

Forlandum,—Et de duobus Forlandis xvi denarios, sc. de Forlando Johannis Wauker, quod jacet ante terram Ecclesiae, viii denarios. Mon. Angl. 2 Part. fo. 332.

Formdon, (Breve de forma donationis,) Is a Writ that lies for him, who has right to any Lands or Tenements, by vertue of any Intail, growing from the Stat. of Westm. 2. ca. 1. There are three kinds of it, viz. Forma Donationis, or, Formdon in the Descender, Formdon in the Reverter, and Formdon in the Remainder. Form∣don in the Descender lies for the recovery of Lands, &c. given to one and the heirs of his body, or, to a Man and his Wife, and the heirs of their two bodies, or to a Man and his Wife, being Cosin to the Donor, in Frank-Mar∣riage, and afterwards alienated by the Donee. For, after his decease his heir shall have this Writ against the Tenant or Alienee.

Fitz. Nat. Br. fo. 211, 217. and 214. makes three sorts of this Formdon in the Descender: The first is in the manner now express'd; The second for the heir of a Co-parcener, that aliens and dies; The third he calls Insimul tenuit, which lies for a Co-parcner, or heir in Gavel∣kind, before partition, against him to whom the other Co-parcner or heir has alienated, and is dead. Formdon in the Reverter lies for the Do∣nor or his heirs, (where Land is entailed to certain persons, and their Issue, with condition, for want of such issue, to revert to the Donor and his heirs,) against him to whom the Donee alienateth, after the issue extinct, to which it was entailed, Formdon in the Remainder, lies, where a Man gives Lands in Tayle, the Remain∣der to another in Tayle, and afterwards the former Tenant in Tayl dies without issue of his body, and a stranger abates, then he in Re∣mainder shall have this Writ, Reg. of Writs, fol. 238. 242. Of this see also the New Book of En∣tries, verbo, Formdon, and Coke on Litt. fol. 326. b.

Fornagium, (Fr. Fournage,)—Et Domi∣nus Rex proinde amittit per an. de exitibus For∣nagii sui x. libras. Pl. coram Rege & ejus Concil. in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Te∣nants, bound to Bake in his common Oven, (as is usual in the North of England,) or for a permission to use their own; also Chimney-Money, or Harth-silver. See Furnage.

Fornication, (Fornicatio, Anno 1 Hen. 7. ca. 4.) Whoredom, the Act of Incontinency, in single persons; for, if either party be Mar∣ried, it is Adultery; The first offence herein was punish'd with three Moneths Imprisonment, the second was made Felony, by a Rump-Act. Scobels Collection, Anno 1650, ca. 10.

SUffex. Praeceptum est Vic. quod venire faciat Juratores, qui in Assisa Nov. Disseisinae du∣bium fecerunt Sacramentum tangen. quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae, & non dixerint esse haeredem. Et in eo quod dixerint quod Ma∣tilda, quae fuit mater Agnetae, fuit uxor dicti Si∣monis, & non dixerunt utrum Patria habebat eam ut uxorem ejus. Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Ma∣tildam ut uxorem suam, & dicunt quod nunquam

dictam Matildam, matrem dictae Agnetae despon∣savit; Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda, per quod compellebatur unum de tribus facere, uxo∣rem vel ipsam affidare, vel vitam suam a∣mittere, vel ipsam Matildam retro osculare; ita quod ipse Simon ibidem dedit fidem suam prae∣dictae Matildae, matri praedictae Agnetae, quod ipsam desponsare debuit, sed ipsam nunquam alio modo desponsavit, &c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit sei∣sin. de 1 Messuag. &c. in Shepley, &c. Adam Gurdon & alii in misericordia. Pasch. 4 Ed. 1. Rot. 7. Sussex.

Forprise, (Forprisum, from the Fr. For, i. Extra & Prise captio,) An exception, or reservation; In which sense it is used in the Stat. of Exon, 14 Edw. 1. but there written Horseprise: We still use it in Conveyances and Leases, wherein Excepted and Forprised is an usual expression.

C'est Indenture fet entre Monsieur John Blount Chevalier le Eysne dune part, & Dame Johan Fouleshurst d autre parte, Tes∣moigne, que mesme les partes sont issint assen∣tuz, accordez, & assurez, que John Blount filts & heir a dict Monsieur John deuy espou∣sera, & prendera a femme Isabel la file de dite Dame du si briefe & dewe temps, que la dite Dame a ces properes custages voidera ordeigner & feire, issint que le dit Dame paye a dit Monsieur John xx Markes a temps de l'espousels, & xl. Liures a certeyne de pay, compris en un Obligation, le quelle le Dite Dame a fait a dit Monsieur John, &c. Pour quel payment le dit Monsieur John en∣feoffera ou fera enfeoffer les susdits John son fits, & la dite Isabel de son Manner jouste Utteskesather, appelle Blounts place, ensemblement ove toutes autres terres, tenements, rentes, services, &c. Forprise le Parke, &c. appelle Blounts Parke, &c. A avoir, & tener a dit John son fits, & Isabel & les heyres que mesmes cely John des Corps de mesme cely Isabel engendera, &c. Donnee south les seales, &c. le jour de St. Luke, L' an de R. le Roy Henry 4 disme. Penes Wal. Kirkham-Blount Baronet.

Forrein, Used for Forreiner. Anno 34 & 35 Hen. 8. ca. 18. See Forein.

Forschoke, (Derelictum,) Signifies originally as much as forsaken in our modern language. It is specially used in one of our Statutes, for Land or Tenements seised by the Lord, for want of Services due from the Tenant, and so quietly held and possessed beyond the year and day. As if we should say, that the Tenant, who, seeing his Land or Tenements taken into the Lords hand, and possessed so long, takes not the course appointed by Law to recover them, does, in due presumption of Law, disavow or forsake all the right he has to them; And then such Lands shall be called Forschoke, sayes the Stat. 10 Edw. 2. ca. unico.

Forses, (Catadupae,) Water falls. Cam. Brit. tit. Westmorland.

Forstal, (Forestallamentum,) Is to be quit of Amerciaments and Cattel arrested within your Land, and the Amerciaments thereof coming, sayes the Termes of the Law: But, the Learned Spelman sayes, 'tis Viae ob∣structio, vel itineris interceptio; with whom a∣grees Coke on Litt. fol. 161. b. In Domesday 'tis written Foristel.—Dedique eis Forstallum, quod est ante portum ipsorum, liberum atque quie∣tum, & terram quae jacet ex utraque parte ejus∣dem Forstalli, &c. Mon. Angl. 2 Part. fol. 112. 60.

Forstalling, (Viarum obstructio, a Sax. far. i. Via, & stel,) Signifies the buying or bar∣gaining for any Corn, Cattel, or other Mer∣chandise, by the way, before it comes to any Market or Fair to be sold, or by the way, as it comes from beyond the Seas, or otherwise, to∣ward any City, Port, Haven, or Creek of this Realm, to the intent to sell the same again at a more high and dear price. 51 H. 3. Stat. 6. West, Part. 2. Symbol. tit. Inditements, Sect. 64.—Forstaller, (in Cromptons Jurisd. fol. 153.) Is used for stopping a Deer, broken out of the Forest, from returning home again, or lay∣ing between him and the Forest, in the way he is to return. Fleta says, Significat obtrusio∣nem viae vel impedimentum transitus & fugae averiorum, lib. 1. ca. 47. See Regrators & En∣grossers. Who shall be adjudged a Forstaller see in 5 & 6 Edw. 6. ca. 14. Forstal est, si ali∣quis portaverit Halec vel hujusmodi res ad for∣um, & statim alius venerit & emerit ab ipso il∣las res; ut carius vendat, Prior habebit emen∣das ab ipso. Ex Reg. Priorat. de Cokesford. See 3 Part. Inst. fol. 195.

Fortility, (Fortalitium vel Forteletum,) (—Within the Towns and Fortilities of Berwick and Carlile. Anno 11 Hen. 7. ca. 18.) Signifies a fortify'd place, a Bulwark, Castle, or Fortlet.

Fortlet, (Fr.) A place of some strength, a little Fort. Old Nat. Br. fol. 45.

Fossa et Furca. See Furca.

Fossatum, (Lat.) A Ditch, or a place fen∣ced with a Ditch or Trench.—Ex dono Hen. Regis avi nostri unum Fossatum tam largum, quod naves possint ire & redire a flumine de Withonia usque ad Tupholme. Carta 20 Hen. 3. m. 9. where it seems to signifie a (cut) River.

Fosse-way, (from Fossus, digged;) Was anciently one of the four grand High-wayes of England; so called, because 'tis conceav'd to be digg'd, or made passable by the ancient Ro∣mans, or Ditch'd at least on one side, but, now several inferior High-wayes are so called. See Watlingstreet.

Foster-land, (Sax.) Land-given, assigned, or allotted to the finding of Food or Victuals, as in Monasteries for the Monks.

Fother or Fodder (Sax.) Is a Weight (of Lead) containing Eight Pigs, and every Pig One and twenty Stone and a half, which is about a Tun, or a common Wain or Cart Load. Speight in his Annotations upon Chaucer. I finde also in the Book of Rates, mention of a Fodder of Lead, which (according to Skene) is about Sixscore and eight Stone.

Founder (from fundere, to pour) Is he that melts Metal, and makes any thing of it, by pouring or casting it into a Mold. Anno 17 Rich. 2. cap. 1.

Fourcher (Fr. fourchir, i. Titubare lingua) Signifies a putting off, prolonging or delay of an Action: And it appears no unpleasant Me∣taphor; for, as by stammering we draw out our speech, not delivering that we have to say, in ordinary time, so by fourching, we prolong a snte that might be ended in a shorter space. In Westm. 1. cap. 42. you have these words, Co∣parceners and Joyntenants shall no more fourch, but onely shall habe one Essoyn, &c. And Anno 6 Edw. 1. cap. 10. it is used in the same sence.—The Defendants shall be put to answer without fourching, &c. Anno 23 Hen. 6. cap. 2 See 2 Part. Inst. fol. 250.

Foutgeld or Footgeld (Compounded of two German words, fous, i. pes, and gyldan, i. solvere, q. pedis redemptio) Signifies an A∣mercement for not cutting out the Balls of great Dogs Feet in the Forest. See Expeditate. And to be quit of Footgeld, is a priviledge to keep Dogs within the Forest, unlawed, without punishment or control. Cromptons Jurisd. fol. 197. Manwood, part 1. pag. 86. This privi∣ledge was allowed in Assis. Forest. de Pickring. 10 Edw. 3.

Fowles of Warren. See Warren.

Frampole Fences, Are such Fences as any Tenant, in the Mannor of Writtel in Essex, hath against the Lords Demeans; whereby he hath the Wood growing on the Fence, and as many Trees or Poles, as he can reach from the top of the Ditch with the Helve of his Ax, towards the repair of his Fence. I have heard the late Chief Justice Bramston, whilest he was a Practi∣ser and Steward of this Court, did acknow∣ledge he could not finde out the reason why these Fences were called Frampole. fram in Saxon signifies from, which seems to make out the etimology; or it may come from the Sax. Fremful, profitable.

Franchise (Fr.) Is sometimes taken for a priviledge or exemption from Ordinary Juris∣diction, and sometimes an immunity from tri∣bute. It is either Personal or Real, (Cromp. Jurisd. fol. 141.) that is, belonging to a person immediately, or else by means of this or that place, or Court of Immunity, whereof he is either Cheif, or a Member. In what particular things Franchises commonly consist, see Britton, cap. 19. Franchise Royal (Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine) Seems to be that where the Kings Writ runs not, as Chester and Durham, which are called Seignories Royal, Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland. 2 Hen. 5. cap. 5. Franchise Royal (according to another Author) is where the King grants to one and his heirs, that they shall be quit of Toll, or such like. See Franchise in the New Book of Entries, and Bracton, lib. 2. cap. 5. See Sac.

Francigena. See Engleceric.

Francling. Qui liberè tenet. A Freeholder. Vide Fortescu de LL. Angl. cap. 29.

Frank-almoin (Fr. Franc-ausmone) Is a Tenure or Title of Lands or Tenements be∣stowed upon God, that is, given to such peo∣ple, as devote themselves to the Service of God, in pure and perpetual Alms; whence the Feoffors or Givers, cannot demand any terresti-Service, so long as the Lands remain in the hands of the Feoffees. Grand Custumary of Norm. cap. 32. Of this you may read Bracton at large, lib. 2. cap. 5. & 10. and Fitz. Nat. Br. fol. 211. New Book of Entries, verbo, Frank∣almoin. But Britton (cap. 66. num. 5.) makes another kinde of this Land which is given in Alms, but not free Alms, because the Tenants in this are tied in certain Services to the Feoffor.

Frank-bank. See Freebench.

Frank-chase (Fr.) Is a liberty of Free chase, whereby all Men, having ground within that compass, are prohibited to cut down Wood, &c. Without the view of the Forester, though it be his own Demesn. Cromp. Jurisd. fol. 187.

Frank-fée (Feudum Liberum) Is (by Broke, tit. Demesn, num. 32.) thus expressed; That which is in the hand of the King or Lord of any Mannor, being Ancient Demesn of the Crown (viz. the Demesns) is called Frank-fee, and that in the Tenants hands is ancient De∣mesns onely. See Reg. of Writs, fol. 12. a. which says, that is Frank-fee which a Man holds at the Common Law to him and his Heirs, and not by such Service as is required in Ancient Demesn, according to the custom of the Man∣nor. And that the Lands which were said to be in the hands of King Edward the Confessor, at the making of Domesday Book, is Ancient De∣mesn, and all the rest Frank-fee; wherewith Fitzherbert agrees (Nat. Br. fol. 161.) So that all the Lands in the Realm by this Rule, are either Ancient Demesn or Frank-fee. Another defines Frank-fee to be a Tenure in Fee-simple of Lands, pleadable at the Common Law, and not in Ancient Demesn. Feudum francum est, pro quo nullum servitium praestatur Domino, says Fachineus, lib. 7. cap. 39.

Frank-ferm (Firma Libera) Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service, for cer∣tain yearly services; and whence neither Homage, Wardship, Marriage, nor Relief may be demanded, nor any other Service not contained in the Feofment. Britton, cap. 66. num. 3. See Fee-farm.

Frankfold, Is where the Lord hath the be∣nefit or folding his Tenants Sheep within his

Mannor, for the Manuring his Land. Keil. Rep. fol. 198. a. Quod vassallis olim & Usu∣fructuariis denegatum, Maneriorum & praediorum Dominis solum competebat, says Mr. Somner. It is compounded of the Fr. Franc, i. free; and the Sax. fald, i. a Fold. See Faldage.

Frank-Law (Libera Lex) Is the benefit of the Free and Common Law of the Land. He that for any offence, as Conspiracy, &c. loseth his Franc-Law, is said to fall into these mischeifs; first, That he may never be em∣panell'd upon any Jury or Assise, or otherwise used in testifying any truth. Next, if he have any thing to do in the Kings Court, he must not approach it in person, but appoint his At∣turney. Thirdly, his Lands, Goods, and Chattels, must be seised into the Kings hands, and his Lands must be Estreaped, his Trees rooted up, and his Body committed to prison. Thus Crompton in his Just. of Peace, fol. 156. Who cites the Book of Assises, fol. 59. See Conspiracy.

Frank-marriage (Liberum Maritagium) Is a Tenure in Tail-special, growing from these words in the gift. Sciant, &c. me T. B. de O. dedisse & concessisse, & presenti Charta mea con∣firmasse A. B. filio meo & Mariae uxori ejus, filiae verae C. D. in liberum maritagium unum Messuagium, &c. West, par. 1. Symbol. lib. 2. sect. 303. The effect of which words is, That they shall have the Land to them, and the heirs of their Bodies, and shall do Fealty to the Donor, until the fourth degree. Glanvile, lib. 7. cap. 18. and Bracton, lib. 2. cap. 7. num. 4. where he divides Maritagium, in liberum, & ser∣vitio obligatum. See Marriage. Fleta gives this reason why the heirs do no service until the fourth degree, Ne Donatores vel corum haercdes per homagii receptionem, a reversione repellantur. And why, in the fourth descent and downward, they shall do service to the Donor, Quia in quarto gradu vehementer praesumitur, quod terra non est pro defectu haeredum Donatoriorum rever∣sura, lib. 3. cap. 11.

Frank-pledge (from the Fr. Frank, i. Liber & Pleige, i. Fidejussor) Signifies a Pledge or Surety for Freemen. The ancient custom of England for preservation of the Publick Peace, was, that every free-born Man, at fourteen years of age (Religious persons, Clerks, Knights, and their eldest Sons excepted) should finde Surety for his Truth, towards the King and his Subjects, or else be kept in Pri∣son; whereupon a certain number of Neigh∣bors became customably bound one for another, to see each Man of their Pledge forth coming at all times, or to answer the Transgression committed by any gone away. So that whoever offended, it was forthwith enquired in what Pledge he was, and then those of that Pledge, either brought him forth within thirty one days to his answer, or satisfied for his offence. This was called Frank-pledge, and the circuit there∣of Decenna; because it commonly consisted of ten housholds; and every particular person thus mutually bound for himself, and his Neigh∣bors, was called Decennier; because he was of one Decenna or other. This custom was so kept, that the Sheriffs, at every County Court, did from time to time take the Oaths of young ones, as they grew to Fourteen years of age, and see, that they were setled in one Dozein, or another; whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii, View of Frank-pledge. See the Statute for View of Frank-pledge, Anno 18 Edw. 2. See Decen∣nier, Leet, View of Frank-pledge, and Friborgh. What Articles were wont to be enquired of in this Court, see in Horns Mirror, lib. 1. cap. De la Veneu des Francs-pleges; and what those Articles were in ancient times, see in Fleta, lib. 2. cap. 52. See also 2 Part. Inst. fol. 73.—And if there be ony persone within the Warde, that is not under Franc-pledge, that is to saye under loue and Lawe, &c. Out of an Ancient Charge of the Quest of Ward∣more in every Ward in London.

Frée-bench (Franc-bank, Francus Bancus, i. Sedes Libera) Signifies that estate in Copi∣hold Lands which the Wife, being espoused a Virgin, hath, after the death of her Husband, for her Dower, according to the custom of the Mannor (Kitchin, fol. 102.) As at Orleton in the County of Hereford, the relict or a Cop hold∣tenant, is admitted to her Free-bench, that is, to all her Husbands Copihold Lands, during her life, the next Court after her husbands death. Bracton, lib. 4. tract. 6. cap. 13. num. 2. hath these words. Consuetudo est in partibus illis, quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum, & tenent nomine dotis. Fitzherbert calls it a Custom, whereby in certain Cities the Wife shall have her Husbands, whole Lands, &c for her Dower. Nat. Br. fol. 150. See Plowden, Casu Newis, fol. 411.

Of this Free-bench, several Mannors have se∣veral customs; As it is the custom of the Mannors of East and West Enborn in the County of Berks•• That if a Customary Tenant dye, the Widow shall have her Free-bench in all his Copihold Lands, Dum sola & casta fuerit, but if she commit Incontinency, she forfeits her estate; yet if she will come into the Court riding back∣ward on a Black Ram with his tail in her hand, and say the words following, the Steward is bound, by the Custom, to re-admit her to her Free-bench.

Here I am, Kiding upon a Black ••am, Like a Whore as I am. And for my Crinoum Crancum Have lost my Binkum Bankum. And for my Tails Game, Have done this Worldly shame. Therefore I pray you ••r Steward let me have my Land again.

The like Custom is in the Mannor of Tor in Devonshire, and other parts of the West.

Free-bord, (Francbordus,)—Et totum hoscum quod vocatur Brendewode, cum Franc∣bordo duorum pedum & dimid. per circuitum illius bosci—Mon. Angl. 2 Part. fol. 241. a. In some places more, in some less, is claimed as a Free-bord, beyond, or without the Fence.

Frée-chappel (Libera Capella) Is (in the opinion of some) a Chappel founded within a Parish for the Service of God, by the Devoti∣on and Liberality of some good Man, over and above the Mother Church, to which it was free for the Parishioner to come, or not, and endowed with maintenance by the Founder, and therefore called Free. Others say, and more probably, that those onely are Free-chappels, which are of the Kings Foundation, and by him exempted from the Jurisdiction of the Or∣dinary; but the King may licence a Subject to found such a Chappel, and by his Charter ex∣empt it from the Ordinaries Visitation also. That it is called free, in respect of its exemp∣tion from the Jurisdiction of the Diocesan, ap∣pears by the Register of Writs, fol. 40 and 41. These Chappels were all given to the King with Chantries also, Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand. Anno 3 Ed. 4. ca. 4. & 4 Ed. 4. ca. 7.

Freedstoll. See Fridstoll.

Freehold, (Liberum tenementum,) Is that Land or Tenement which a Man holds in Fee, Fee-tayl, or for term of life. Bracton, lib. 2. ca. 9. And it is of two sorts; Freehold in Deed, and Freehold in Law: The first is the real Posses∣sion of Land or Tenement in Fee, Fee-tail, or for Life; The other is the right that a Man has to such Land or Tenement before his entry or seisure. Freehold is likewise extended to those Offices, which a Man holds either in Fee, or for life. Britton defines it to this effect, Franktenement is a possession of the Soyl or ser∣vices issuing out of the Soyl, which a Freeman holds in Fee, or at least for life, though the Soyl be charged with free-services, ca. 32. Freehold is sometimes taken in opposition to Villenage.

Lambert, (in his explication of Saxon words,) Verbo, Terra ex scripto, says, Land, in the Saxons time, was called, either Bockland, that is, holden by Book or Writing; or Folck∣land, held without Writing: The former he reports was held with far better condition, and by the better sort of Tenants, as Noble∣men and Gentlemen, being such as we now call Freehold: The later was commonly in the possession of Clownes, being that which we now call, at the will of the Lord. R••g. Judici∣al, fol. 68. a. sayes, That he, who holds Land upon an execution of a Statute-Merchant, un∣til he be satisfi'd the Debt, Tenet ut liberum tenementum sibi & ussignatis suis; and fol. 73, the same of a Tenant per Elegit; where, I con∣ceive, the meaning is, not that such Tenants are Freeholders, but, as Freeholders for their time, until they have receiv'd profits to the value of their Debt. Freeholders in the ancient Laws of Scotland, were called Milites, according to Skene, verbo, Milites.

Frenchman, (Francigena,) Was ancient∣ly used for every stranger. Bracton, lib. 3. Tract. 2. ca. 15. See Englecery.

Frendles man, Was the old Saxon word for him whom we call an Out-law; The reason was, because he was, upon his exclusion from the Kings Peace and protection, deny'd all help of friends after certain days. Nam forisfecit amicos. Bracton, lib. 3. Tract. 2. ca. 12. num. 1. says thus; Talem vocant Angli Utlaugb, & alio nomine antiquitus solet nominari friendles∣man, & sic videtur, quod forisfecit amicos; & unde, si quis talem post utlagatariam & expulsio∣nem scienter paverit, receptaverit, vel scienter communicaverit aliquo modo, vel occultaverit, ea∣dem paena puniri debet, qua puniretur utlagatus; ita quod careat omnibus bonis suis & vita, nisi Rex ei parcat de gratia sua.

Frendwite vel Infeng, Significat quietan∣tiam prioris prisae ratione convivii. Fleta, lib. 1. ca. 47.

Fresh disseisin, (from the Fr. Fraiz. i. Recens, & disseisir. i. Possessione ejicere,) Sig∣nifies that Disseisin, which a man may seek to defeat of himself, and by his own power, without the help of the King or Judges, and which is not above fifteen dayes old. Britton. ca. 5. Of this you may read Bracton, lib. 4. ca. 5. at large, concluding, that it is arbi∣trary.

Fresh fine, Is that, which was levied with∣in a year past. Westm. 2. ca. 45. Anno 13 Edw. 1.

Fresh force, (Frisca fortia,) Is a force done within fourty dayes, Fitz. Nat. Br. fol. 7. For, if a man be Disseis'd of any Lands or Tenements within any City or Borough, or deforced from them after the death of his An∣cestor, to whom he is heir, or after the death of his Tenant for Life, or in Tayl, he may, with∣in fourty dayes after his title accrued, have his remedy by an Assise or Bill of Fresh force. See Old. Nat. Br. fol. 4. a.

Fresh sute, (Recens insecutio,) Is such a present and active following an Offender, as never ceases, from the time of the Offence committed or discover'd, until he be appre∣hended: And, the benefit of the pursute of a Felon, is, That the party pursuing shall have his Goods restored him, whereas otherwise they are the Kings; of this see Stamf. Pl. Cor. lib. 3. ca. 10 and 12. where you shall find what sute is to be accounted fresh, and what not. The same Author, (lib. 1. ca. 27.) saith, that fresh sute may continue for seven years. See Cokes Reports, lib. 3. Rigeways Case. Fresh sute is either within the view or without. For Man∣wood sayes, That upon fresh sute within the view, trespassers in the Forest may be attached by the Officers pursuing them, though without the limits of the Forest, pa. 2. ca. 19. num. 4.

Friar, or Frier, (Lat. Frater. Fr. Frere. i. A Brother) an Order of Religious persons, of which these are reckoned the principal

Branches, Anno 4 H. 4. ca. 17. viz. Minors, Grey-Friers, or Franciscans; Augustins; Do∣minicans, or Black-Friers; and White-Friers, or Carmelites, from which the rest descend. See Zecchius de Repub. Eccles. p. 380, and Linwood, tit. de relig. Domibus, c. 1. verbo, Sancti Augustini.

Friburgh, alias Frithborg, (from the Sax. frith. i. Pax. and borge. i. Fidejussor,) Is the same with Francpledge, the one being in use in the Saxons time, the other since the Con∣quest; wherefore, for the understanding this read Frankpledge, and the Laws of King Ed∣ward, set out by Lambert, fol. 232. in these words; Praeterea est quaedam summa & maxima securitas, per quam omnes statu firmissimo susti∣nentur, viz. ut unusquisque stabiliat se sub fide∣jussionis securitate, quam Angli vocant, (Freoborghes,) soli tamen Eboracenses di∣cunt eandem (Tienmannatale) quod sonat latine decem hominum numerum, &c. Bracton mentions Fridburgum, lib. 3. Tract. 2. ca. 10. in these words, Archiepiscopi, Episcopi, Comites & Barones & omnes qui habent Soc & Sak Tol & Team, & hujusmodi libertates, milites suos & proprios servientes, Armigeros, &c. Dapiferos, & pincernas, camerarios, coquos, pistores, sub suo Fridburgo habere debent. Item & isti suos armi∣geros & alios sibi servientes; quod si cui foris∣fecerint, ipsi Domini sui habeant eos ad rectum, & si non habuerint, solvant pro eis forisfacturam. Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastis. Where we learn the reason, why Great Men were not combined in any ordinary Dozein; because they were a suffi∣cient assurance for themselves, and for their menial servants, no less then the ten were one for another in ordinary Dozeins. See Skone verbo Freiborgh. Fleta writes it Frithborgh, and useth it for the principal man, or at least for one of the Dozein, lib. 1. ca. 47. See Hoveden parte poster. Annal. in Hen. 2. fol. 345. But Spel∣man makes a difference between Friborg and Frithborg, saying, The first signifies libera securitas, or fidejussio; the other pacis securitas.

Fridstoll et Frithflow, (from the Sax. frith, pax; stol, sedes, cathedra, stow, locus) A Seat, Chair, or place of Peace. In the Char∣ter of Immunities granted to the Church of St. Peter in York, confirmed Anno 5 Hen. 7. Fridstol, is expounded Cathedra quictudinis & pacis: Of these there were many others in England, but, the most famous at Beverley, which had this Inscription, Haec sedes lapidea Freedstoll dicitur, i. Pacis Cathedra, ad quam reus fugiendo perveniens, omnimodam habet securitatem. Camd.

Frier observant, (Frater observans,) Is a branch of the Franciscans, which are Minores tam observantes quam conventuales & Capuchini. These we find spoken of An. 25 Hen. 8. ca. 12. who are called Observants, because they are not combined together in any Cloister, Covent, or Corporation, as the Conventuals are; but, onely by themselves to observe the Rules of their Order, and more strictly then the Con∣ventuals do; and, upon a singularity of zeal, separate themselves from them, living in cer∣tain places of their own chusing; of whom you may read Hospinian de Orig. & progress. Monachatus. ca. 38. fol. 878.

Friperer, (Fr. Fripier. i. Interpolator,) One that furbushes and scowers up old Appa∣rel to sell again. It is used for a bastardly kind of Broaker. Anno 1 Jac. ca. 21.

Frithbrech, (Sax.) Pacis violatio. LL. Ethelredi. ca. 6. See Frythe.

Frithburgh. See Friburgh.

Frithmote—Per Frithmote Jo. Stanley Ar. clamat capere annuatim de villa de Olton, quae est infra Feodum & Manerium de Aldford infra Forestam de la Mara x. sol. quos Comites Cestriae ante confectionem Cartae praedictae solebant capere. Pl. in Itin. apud Cestriam. 14 Hen. 7.

Frithsocne et Frithsoke, (frith. i. Pax. & socne, Libertas,) Tuendae pacis juris∣dictio; or, (according to Fleta) Libertas ha∣bendi franci plegii; or, immunitatis locus.

Froborg, or Freoburgh, (from the Sax. freo, i. Free; and borge. i. Fidejussor.) See Friburgh and Franc-pledge.

Frodmortel, rectius Freomortel, (from the Sax. freo, Free, and Morþ doed, Murder) An Immunity or Freedom granted for Murder or Man-slaughter.

Carta Adelstani Regis, Sancto Wilfrido de Rippon concessa.

Wyt all that es and es gan Yat ik King Adelstan As given als frelith as I may And to ye Capitel of Seint Wilfrai Of my free Devotion Yair pees at Rippon On ilke side the * 3.2 Kyrke a mile For all ilk deeds and ylke agyle And within yair Kyrke yate At ye stan yat * 3.3 Grithstole hate. Within ye Kyrke dore and ya quare Pair have pees for les and mare. Ilkan of yis stedes sal have pees Of Frodmortel and il deedes Yat yair don is, Tol, Tem, With * 3.4 Iron and with Water deme,

And yat ye Land of Seint Wilfrai Of alkyn * 3.5 geld fre sal be ay. At nai nan at langes me to In yair * 3.6 Herpsac sal haue at do And for ik will at yai be saue I will at yai alkyn fréedome haue: And in all thinges be als frée As hert may thinke, or eygh may sée At te power of a Kinge Masts make free any thynge. * 3.7 And my seale haue I sat yerto For I will at no Man it undo.

Frumgyld (Sax.) Prima capitis aestimationis pensio vel solutio. The first payment made to the Kinred of a slain person, in recompence of his Murder. LL. Aedmundi, cap. ult.

Frum-stol (Sax.) Sedes primaria, the cheif Seat or Mansion-House; by some called the Fome-stal. LL. Inae Regis, cap. 38.

Frussura (from the Fr. Froissure) A break∣ing down or demolishing—Dedi eis nonam garbam tam in Frussuris, quae de novo fiunt, quam in &c. Mon. Angl. 2 Par. fol. 394. b.

Frustrum terrae, A small peece of Land. Residuum quiddam praeter acras numeratas vel campum mensuratum. Cum in Domesday Fru∣strum terrae accipiatur pro ampla portione seorsum à campo, villâ, Manerio jacenti. Domesday, tit. Hantisc. Rex. Abedestone. In Insula habet Rex unum Frustrum terrae unde exemit 61. Vomeres. lego Frustum. Spelm.

Fryth. Sir Edward Coke (on Littl. fol. 5. b.) expounds it, a Plain between two Woods, a Lawnd. Chaucer uses it for a Wood. Camden (in his Britan.) for an Arm of the Sea, or great River,—Maketh his issue into the Estuary or Frith of Thames. Smith (in his Englands Improvement) makes it signifie all Hedg-wood, except Thorns. How to reconcile these, I know not; but am sure the Saxon Friþ, signi∣fies Peace.

Frythborgh, from the Sax. Friþ, i. Pax, and borge, fidejussor.—Et sint quieti de Frythborgh, & de Blodewite, Fithwyte, & Ferdwyte, &c. Record. Pasch. 6 Hen. 4. Rot. 24. It might here signifie a Freedom from giving security of the Peace.

Fuage or Focage (a foco) In the Reign of Edward the Third, the Black Prince of Wales, having Aquitain granted him, laid an Imposition of Fuage or Focage upon the Sub∣jects of that Dukedom, viz. A shilling for e∣very Fire, called Herth-Silver. Rot. Parl. 25 Edw. 3.

Fuer (Fr. fuir, Lat. fugere) Though it be a Verb, yet it is used substantively, and is two∣fold, Fuer en feit, (in facto) when a Man does apparently and corporally flie; and Fuer en ley (in lege) when, being called in the County, he appears not until he be outlawed, which is flighs in the interpretation of Law. Stamf. Pl. Cor. lib. 3. cap. 22.

Fugacia, Signifies a Chase, and is all one with Chasea. Charta Matildis Imperatricis Mi∣loni de Glouc.

Fugitives Goods (Bona fugitivorum) Are the proper Goods of him that flies upon Felo∣ny, which, after the flight lawfully found, do belong to the King, or Lord of the Mannor. Coke, vol. 6. fol. 109. b. See Waif.

Fumage (Fr.) Fumagium) Dung, or a Manuring with Dung.—Et sint quieti de Fu∣magio & Maremio cariando, &c. Carta R. 2. Priorat. de Hertland. Pat. 5 Ed. 4. par. 3. m. 13.

Fumathoes or Fumadoes (14 Car. 2. cap. 31.) Our Pilchards, garbaged, salted, hanged in the smoak, and pressed, are so called in Italy and Spain, whither they are carried in great numbers.

Furca (Seucatefurcia, & fossa, i. Gallows and Pit. In ancient Priviledges it signified a Ju∣risdiction of punishing Felons, that is, Men with Hanging; Women with Drowning: Of which last, take this notable example out of the Re∣cords of Rochester Church, in the time of Gil∣bert, Bishop there, who flourished under Richard the First. Anno 1200.

Item duo mulieres venerunt in villam de Suf∣fliete, quae furatae fuerunt multos pannos in villa de Croindone, & secuti sunt eas homines ejus∣dem villae de Croindone, quorum pannos furtiv•• asportaverunt usque in villam de Suffliete, & ibi captae fuerunt & incarceratae, & habuerunt judicium suum in Curia de Suffliete, ad portan∣dum calidum ferrum, quarum una fuit salva, & altera damnata, unde submersa fuit in Bike∣pole. Et hoc totum contigit tempore Gilberti Domini Episcopi, & in quolibet judicio fuerunt Coronarii Domini Regis. Et Paulus de Stanes fuit tunc Cacherellus de Hundredo de Acstane. Et per illud tempus Robertus de Hecham Mona∣chus fuit custos de Manerio de Suffliete, & ad mulieres judicandas fuit Dominus Henricus de Cobeham, & alii plures homines, discreti homines de Patria. Fossa is taken away, but Furca re∣mains, says Sir Edward Coke in his 3 Inst. fol. 58.

Furlong (Sax. Furlang) Is a quantity of Ground, containing for the most part, forty Perches, or Poles in length, and every Pole sixteen foot and a half, eight of which Furlongs make a Mile. Anno 35 Edw. 1. cap. 6. It is otherwise, the eighth part of an Acre; yet I finde in an old Book, Printed in Henry the Eighth's time, That Six hundred Foot, by fivefcore to the Hundred, make a Furlong. See Acre. In the former signification, the Romans call it Stadium, in the later Jugerum.

Furlong, is sometimes used for a piece of Land of more or less Acres. Omnibus Christi Fidel.—Johannes Blount de Eye Arm.—De∣dit Thomae Croft & Francisco Lovel Arm. unum Forlongum terrae arabilis continen. per aestima∣tionem quatuor Acras, &c. Dat. 20 Jan. 3 Eliz.

Furnage (Furnagium, Fr. Fournage) Est tributum quod Domino furni a sectatoribus pen∣ditur ob furni usum. Multis enim in locis tenentur vasalli ad coquendum panes suos in furno Domini. Est etiam lucrum seu emolumentum quod pistori conceditur in pistionis sumptus & mercedem. Et tunc potest pistor de quolibet quarterio fru∣menti lucrare 4 Den. & furfur, & duos panes ad furnagium. Assisa panis & Cervisiae. Anno 51 Hen. 3. See Fornagium.

Furr (from the Fr. fourer, i. pelliculare, to line with Skins) The Stat. 24 Hen. 8. cap. 13. mentions divers kindes of it; as Sables, which is a rich Fur of colour between Black and Brown, being the Skin of a Beast called a Sable, of bigness between a Polecat, and an ordinary Cat, and of fashion like a Polecat, bred in Russia, but most and best in Tartaria. Lucerns, which is the Skin of a Beast so called, being near the bigness of a Woolf, of colour between Red and Brown, and mingled with Black-spots, bred in Muscovia and Russia, and is a very rich Fur. Genets, that is the Skin of a Beast so called, of bigness between a Cat, and a Weezle, mailed like a Cat, and of that nature, bred in Spain; whereof, there are two kindes, Black and Grey, and the Black the more precious, having black spots upon it hardly to be seen. Foins is of fashion like the Sable, bred in France, for the most part; the top of the Fur is Black, and the Ground whitish. Martern, is a Beast very like the Sable, the Skin some∣thing courser, the best are in Ireland. Miniver, is nothing but the Bellies of Squirrels, as some say; others say it is a little Vermin, like a Weezle, Milk white, and comes from Mus∣covy. Fitch, is that which we otherwise call the Polecat. Shanks are the Skin of the Shank or Leg, of a kinde of Kid, which bears the Fur, we call Budge. Calaber, is a little Beast in big∣ness near a Squirrel, of colour Grey, and bred most in High Germany.

Fustic, A kinde of Wood, which Dyers use, and is brought from Barbadoes, Jamaica, &c. Mentioned 12 Car. 2. cap. 18.

G.

GAbel (Gabella, Gablum. Sax. gafol alias gafel, Fr. Gabelle, i. Vectigal) hath the same signification among our old Writers, as Gabelle hath in France; for Camden (in his Britan, pag. 213.) speaking of Wallingford, says, Continebat 276 hagas, i. Domos reddentes novem libras de Gablo. And pag. 228. of Oxford, thus, Haec urbs reddebat pro Telonio & Gablo & aliis consuctudinibus per annum Regi quidem viginti libras & sex sextarios mellis; comiti verò Algaro decem libras. Gabella (as Cassanaeus defines it, de Consuetud. Burgund. pag. 119) est vectigal quod solvitur pro bonis mobilibus, id est, pro his quae vehuntur.—Distinguishing it from Tribu∣tum, quia tributum est propriè, quod fisco vel principi solvitur pro rebus immobilibus.

Gafold-gyld (Sax.) The payment or ren∣dring of Tribute or Custom. Also Usury.

Gafol-land alias Gafulland (Sax.) Terra censualis) Land liable to Tribute or Tax,; rent∣ed Land, or Land letten for Rent. Sax. Dict.

Gage (Fr.) Lat. vadium) Signifies a Pawn or Pledge. Glanvile, lib. 10. cap. 6. thus, Quan∣doque res mobiles ponuntur in vadium, quandoque res immobiles—And a little after,—Invadiatur res quandoque ad terminum, quandoque sinc ter∣mino. Item quandoque invadiatur res aliqua in mortuo vadio, quandoque non—Though the word Gage be retained, as it is a Substantive, yet as it is a Verb, use hath turned the G. into W. So as it is oftner written Wage; as to Wage Deliverance, i. To give security, that a thing shall be delivered: For, if he that distrained, being sued, have not delivered the Cattle that were distrained, then he shall not onely avow the Distress, but Gager Deliverance, i. Put in surety, that he will deliver them. Fitz. Nat. Br. fol. 74. D. and 67 F. yet in some Cases he shall not be tied to make this security, as if the Cattle died in Pound. Kitchin, fol. 145. or if he Claim a Propriety in the Cattle sued for. To Wage Law, see Law. See Mortgage.

Gager Deliverance. See Gage.

Gager del Ley. See Wage, and Wager of Law.

Gagers. See Gawgeors. This word is men∣tioned in Anno 12 Car. 2. cap. 4.

Gainage (Lat. Wainagium, i. Actus plau∣stri, vel plaustri apparatus. Fr. Gaignage, i. The Gain or Crop of Tilled or Planted Grounds) Signifies the Draught-Oxen, Horses, Wain, Plough, and Furniture for carrying on the work of Tillage, by the baser sort of Soke-men and Villains; and sometimes the Land it self, or the profit raised by cultivating it. Bracton, lib. 1. cap. 9. (speaking of Lords and Servants) says—Ut si eos destruant, quod salvum non possit eis esse Wainagium suum—And again, lib. 3. tract. 2. cap. 1.—Villanus non amerciabi∣tur, nisi salvo Wainagio suo. For, anciently, as it appears both by Mag. Char. cap. 14. and other Books, The Villain, when amerced, had his Wainage free, to the end, the Plough might not stand still: And the Law for the same reason, does still allow a like Priviledge to the Husbandman, that his Draught-Horses and Oxen are not, in many Cases, distrainable. This in Magna Charta, cap. 14. is called Wain∣age. I finde in old Nat. Br. fol. 117.—The Writ was abated for that the Oxgang is always of a thing that lies in Gainor. This word was onely used of Arable Land, because they that had it in occupation, had nothing of it, but the pro∣fit, and fruit raised of it by their own labor, towards their sustenance, nor any other Title,

but at the Lords Will. Gainor again in the same Book, fol. 12. is used for a Sokeman, that hath such Land in his occupation. In the 32 Chapter of the Grand Custumary—Geigneurs are ruricolae qui terras elecmozynatas possident. And Britton useth Gainer, to Plough or Till, fol. 65. a. and 42. b. West, pa. 2. Symb. tit. Re∣coveries, sect. 3. says a Praecipe quod reddat lies not for such and such things—For they are not in Demesn, but in gain, &c. Lastly, in the Sta∣tute of Distresses in the Exchequer, Anno 51. Hen. 3. I finde these words, No man of Religion, nor other, shall be distrained by his Beasts that gain the Land. See Wain∣age.

Gainery, (Fr. Gaignerie) Tillage or Till∣ing, or the profit raised of Tillage, or of the Beasts used therein. I have seen an old Lease that demised Omnes terras: prat. & pastur. in M. vulgo vocat. le Gainerie, &c.

Gainure (Westm. 1. cap. 6. & 17.) Tillage. See Gainerie.

Galege (Galicae) From the Fr. Galloches, which signified of old a certain Shoo, worn by the Gauls in foul weather, as at present the sig∣nification with us, does not much differ. It is mentioned Anno 4 Edw. 4. cap. 7. And 14 & 15 Hen. 8. cap. 9.

Gallihalpens, Was a kinde of Coyn, which with Suskins and Doitkins was pro∣hibited by the Stat. 3 Hen. 5. cap. 1.

Gang-week. See Rogation week.

Gaol, From the Fr. Geole, i. Caveola. A Cage for Birds; and thence Metaphorically used for a Prison: So Geolier, whom we call Gayler or Gaoler.

Garb (Garba) Fr. Garbe alias Gerbi, i. fascis) Signifies a bundle or sheaf of Corn. Charta de Foresta, cap. 7. And Garba sagittarum is a Sheaf of Arrows. Skene, verbo, Garba. De omni annona decima garba Deo debita est. LL. Edovardi Conf. cap. 8.

Garbles (Anno 21 Jac. cap. 19.) Signifie the Dust, Soil, or Uncleanness, that is severed from good Spice, Drugs, &c.

Garbling of Bow-staves, Anno 1 Rich. 3. cap. 11. Is the sorting or culling out the good from the bad; As garbling of Spice, Drugs, &c. (1 Jac. cap. 19.) is nothing but to purifie it from the dross and dust that is mixed with it; and to sever the good from the bad: It may come from the Italian Garbo, that is Fineries or Neatness. See 4 Inst. fol. 264.

Garbler of Spices (Anno 21 Jac. cap. 9.) Is an Officer of Antiquity in the City of Lon∣don, who may enter into any Shop, Ware∣house, &c. to view and search Drugs, Spices, &c. And to garble, and make clean the same.

Garderobe. See Wardrobe, and a Inst. fol. 255.

Gard (Fr. Garde, Lat. Custodia) Signifies a custody or care of defence; but hath divers Applications; sometimes to those that attend upon the safety of the Prince, called the Life∣guard, and Yeomen of the Gard; sometimes to such as have the education and guardianship of Infants or Idiots; sometimes to a Writ touch∣ing Wardship; of which there were three sorts, one called Droit de gard, the second Ejectment de gard, the third Ravishment de gard. Fitz. Nat. Br. fol. 139, 140. See Ward and Gar∣dian.

Gardian or Guardian (Fr. Gardien, Sax. ••ardung, Lat. Custos) Signifies generally him that hath the charge or custody of any person or thing; but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide them∣selves, and their own affairs, as Children and Ideots, being indeed as largely extended, as both Tutor and Curator among the Civilians. For whereas Tutor, is he that hath the Govern∣ment of a Youth, until he come to fourteen years of age; and Curator, he that hath the dis∣position, and ordering of his substance after∣ward, until he attain to twenty five years, or that hath the charge of a Frantick person, du∣ring his Lunacy; we use for both these a Guar∣dian onely, of which, we have three sorts in England; one ordained by the Father in his last Will, another appointed by the Judge afterward: The third cast upon the Minor by the Law and Custom of the Land.

But the Ancient Law in this Case is, in a great measure, altered by the Statute of 12 Car. 2. cap. 24. which ordains that, Where any person hath, or shall have any Childe or Children under the age of Twenty one years, and not married at the time of his death, it shall be lawful for the Father of such Childe or Children, whether born at the time of the decease of the Father, or at that time in ventre sa mere, or whether such Father be within the age of Twenty one years, or of full age, by Déed execu∣ted in his life time, or by his last Will and Testament in writing, in the pre∣sence of two or more credible Witnesses, to dispose of the Custody and Tuition of such Childe or Children, for, and during the time, be, or they shall remain under age, or any lesser time, to any Person, or Persons in Possession or Remainder, other then Popish Recusants; and such disposition shall be good against all Per∣sons claiming such Childe as Guardian in Soccage, or otherwise, &c. And in case the Father appoint no Guardian to his Childe, the Ordinary may appoint one to order his Movables and Chattels, until the age of four∣teen years, and then he may chuse his Guardi∣an: And for his Lands, the next of Kin, on that side by which the Land descends not, shall be Guardian, as heretofore, in case of a Tenure in Soccage.

Gardian, or Guardian of the Spiritual∣ties, (Custos Spiritualium vel spiritualitatis,) Is he, to whom the Spiritual jurisdiction of any Diocess is committed, during the vacancy of the See, Anno 25 Hen. 8. ca. 21. And, I take it, the Gardian of the Spiritualties may be either Guardian in Law, ot Jure Magistratus,

as the Arch-bishop is of any Diocess within his Province; or Guardian by Delegation, as he whom the Arch-bishop, or Vicar-general does for the time depute, Anno 13 Eliz. ca. 12.

Gardian of the Peace, (Custos pacis.) See Conservator of the Peace.

Gardian of the Cinque-ports, (Gardianus quinque portuum,) Is a Magistrate that has the Jurisdiction of those Havens, which are com∣monly called the Cinque-ports; that is, the five Havens: who there has all that jurisdiction the Admiral of England has in places not exempt. Camden, in his Britan. pa. 238. says; The Ro∣mans, after they had setled themselves and their Empire here in England, appointed a Magistrate or Governour over those East-parts, where our Cinque-ports lie, whom they termed Comitem littoris Saxonici per Britanniam, ha∣ving another that bore the same title on the opposite part of the Sea; whose Office was, to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbari∣ans; and believes, this Warden of the Cinque∣ports was first erected among us, in imitation of that Roman Policy. See Cinque-ports.

Gardein de L'estemery, (Anno 17 Car. 1. ca. 15.) Warden of the Stanneries.

Gare, (Anno 31 Ed. 3. ca. 8.) Is a course Wool, full of staring hairs, such as grows about the Pesil, or Shanks of the Sheep.

Gariofilli, Rectius Gariophylli, The Spice called Cloves.—Et salvo haeredibus meis post decessum meum uno clavo Gariofil. in praedicto Festo Sancti Mich. pro omni servicio saeculari, &c. Carta Hugonis de Wygeton Priorat. Leominstr. Anno 1283.

Garnish, as, to garnish the Heir. i. To warn the heir, Anno 27 Eliz. ca. 3.

Garnishee, Is taken for the party in whose hands Money is attached within the liberties of the City of London; so used in the Sheriff of London's Court; because he has had garnish∣ment, or warning not to pay the Money, but to appear and answer to the Plantiff-creditors Sute.

Garnishment, (Fr. Garnement,) Signifies a warning given to one for his appearance; and that for the better furnishing the Cause and Court. For example, one is sued for the deti∣nue of certain Charters, and says, They were deliver'd to him, not onely by the Plaintiff, but by J. S. also, and therefore prayes, that J. S. may be warned to plead with the Plaintiff, whether the conditions are performed or no; and, in this petition he is said to pray Garnish∣ment. New Book of Entries, fol. 211. col. 3. which may be interpreted a warning to J. S. to provide himself of a defence, or else a furnishing the Court with all parties to the action, whereby it may throughly determine the Cause. Brit∣ton (cap. 28.) says, Contracts are some na∣ked and sans garnement, and some furnished, or (to use the literal signification of his word) apparelled, &c. Howbeit Garnishment is gene∣rally used for a warning; As in Kitchin, fol. 6. Garnisher le Court, is, to warn the Court; and, reasonable garnishment in the same place, is rea∣sonable warning. And in the Stat. 27 Eliz. ca. 3.—Upon a Garnishment or two Nichils returned, &c.

Garranty. See Warranty.

Garter, (Fr. Jartier. i. Periscelis, fas∣cia poplitaria,) Signifies, both in divers Statutes and otherwise, one special 〈…〉〈…〉r, be∣ing the Ensign of a great and noble Socie∣ty of Knights, called Knights of the Garter. This high Order (as appears by Camd. pa. 211.) was instituted by that famous King Edward the Third, upon good success in a Skirmish, wherein the Kings Garter, (the time or occasion not mentioned,) was used as a token. Pol. Virgil casts in a suspition of another original; but, his grounds, by his own confession, grew from the vulgar opinion, however, it runs thus; The said King, after he had obtained divers great Victories, King John of France, King James of Scotland, being both prisoners in the Tower of London at one time, King Henry of Castile, the Bastard, expulsed, and Don Pedro restored by the Prince of Wales, did, upon no weightier occasion, first institute this Order in Anno 1350, viz. He dancing with the Queen, and other Ladies of the Court, took up a Garter that hapned to fall from one of them, whereat some of the Lords smiling, the King said, That ere long he would make that Garter to be of high reputation, and shortly after instituted this Order of the Blew Garter, which every Companion of the Order is bound to wear dai∣ly, richly adorned with Gold and Precious Stones, and having these words wrought upon it, HONI SOIT QUI MAL Y PENCE; which is thus interpreted, Evil be to him, that evil thinks; or rather thus, Shame take him that thinks evil.

Sir John Fern, in his Glory of Generosity, fol. 120. agrees with Camden, and sets down the victories, whence this Order was occasion'd; whatsoever cause of beginning it had, the Or∣der is inferior to none in the World, in Honor or Antiquity, consisting of 26 Martial and He∣roical Nobles, whereof the King of England is the Chief, and the rest are either Nobles of the Realm, or Princes of other Countries, friends and confederates with this Nation; the Ho∣nour being such, as Emperours, and Kings of other Nations have desired, and thankfully ac∣cepted, it being long before the order of St. Michael in France, the Golden Fleece in Bur∣gundy, or the Anunciada in Savoy. The Ce∣remonies of the Chapter, proceeding to Electi∣on, the Investitures and Robes, the Installati∣on, Vow, with such other observations see in Segars Honor militar & civil, lib. 2. ca. 9. fol. 65. See Knights of the Garter, and Seldens Titles of Honour, fol. 792.

Garter also signifies the Principal king at Armes among our English Heralds, attending upon the Knights thereof, created by King Hen∣ry the Fifth, and mentioned in the Statute 14 Car. 2. ca. 33. See Herald.

Garth, In the North of England signifies a Back-side, or a little Close or Homestead; also a Dam or Wear in a River, where Fish are caught, called a Fish-garth. It seems to be an

ancient British word; For, Gardd in that lan∣guage signifies a Garden, the dd being liquefy'd in the pronunciation like th.

Garthman, Anno 17 Rich. 2. ca. 9. It is ordained, that no Fisher, nor Garthman, shall use any Nets or Engins to destroy the fry of fish, &c. Whereby it seems to signifie one that keeps or owns an open Wear, where Fish are caught. It may haply be derived from the Scottish word Gart, which signifies forced or compelled, because the Fish are for∣ced by the Wear to pass in at a loop, where they are caught.

Gavel, (Sax. gafel,) Tribute, Toll, Cu∣stom; yearly Rent, Payment or Revenue; Of which we had of old several kinds paid by Te∣nants to their Landlords; As Gavel-Corn, Ga∣vel-malt, Oate-gavel, Gavel-fodder; As you may read in Mr. Fabian Philip's Book, Entitu∣led, Mistaken Recompence, pa. 39 & 40.

Gavelet, Is a special and ancient kind of Cessavit used in Kent, where the Custom of Ga∣velkind continues; whereby the Tenant shall for∣feit his Lands and Tenements to the Lord; if he withdraw from him his due Rents and Ser∣vices; after this manner.—The Lord must seek, by the award of his Court, from three weeks to three weeks, to fin I some distress upon the Tenement, until the fourth Court, alwayes with Witnesses; and, if in that time he can find none, then at the fourth Court let it be awarded, that he take the Tenement into his hand, in name of a Distress, and keep it a Year and a day without Manuring; within which time, if the Tenant pay his Arrears, and make reasonable amends for the withholding, let him have and enjoy his Tenement as before; and, if he come not before the year and day be past, let the Lord go to the next County-Court with his Witness of what past at his own Court, and pronounce there this Process to have fur∣ther Witnesses; and then, by the award of his own Court, he shall enter and Manure the Te∣nement as his own: And, if the Tenant will afterwards re-have it, and hold it as he did be∣fore, let him make agreement with the Lord, according to this old saying,

Neghesith selde & neghesith geld, & v l. for his Were, er he become healder. i.

Has he not since any thing given, nor any thing paid,

Then let him pay 5 l. for his Were, ere he become healder again.

Other Copies have the first part thus written, and expounded.

Nigondsith yeld & nigonsith geld. Let him 9 times pay, and 9 times re-pay.

Of this see 10 Hen. 3. Fitz. tit. Cessavit 60, and the Stat. of Gavelet, 10 Edw. 2. which gives this Law to Lords of Rents in London. And see Westm. 2. ca. 21. which gives Cessavit.

Gavelkind, (from the Sax gafel. i. Cen∣sus, tributum, and cynd, Natura, Genus.) But Doctor Powel in his Additaments to the Cam∣brian History, and from him Taylor in his Hi∣story of Gavelkind, fol. 26. would have it de∣rived from the British word, Gavel, importing a Hold, or Tenure; however, it signifies a Tenure, or Custom, whereby the Lands of the Father are equally divided at his death among all his Sons; or, the Land of the Brother among all the Brethren, if he have no Issue of his own.

Teutonicis priscis patrios succedit in agros Mascula stirps omnis, ne foret ulla potens.

This Custom is still of force in Kent, Urchen∣feild in Herefordshire, and elsewhere, though with some difference. But, by the Stat. 34 & 35 Hen. 8. ca. 26. All Gavelkind Lands in Wales are made descendable to the Heir, accor∣ding to the course of the Common-Law. Cam∣den, in his Brit. says thus—Cantiani ea lege Gulielmo Normanno se dediderunt, ut patrias con∣suetudines illaesas retinerent, illamque inprimis quam Gavelkind nominat. Haec a terrae, quae eo nomine censentur, liberis masculis ex aequis por∣tionibus dividuntur, vel faeminis, si masculi non fuerint. Adding further, Hanc haeredita∣tem, cum quintum decimum annum attigerint, adeunt, & sine Domini consensu cuilibet, vel dando, vel vendendo alienare licet. Et filii pa∣rentibus, furti damnatis, in id genus fundi succe∣dunt, &c. It appears by 18 Hen. 6. ca. 1. That in those dayes, there were not above 30 or 40 persons in all Kent, that held by any other Te∣nure: which was afterwards altered, upon the petition of divers Kentish Gentlemen, in much of the Land of that County, by Stat. 31 Hen. 8. ca. 3. See Lamberts Perambulation of Kent, and Sumners learned Discourse on this Subject.—Dedi totam terram, quam vendidit mihi Mi∣chael de Turnham, sicut suum liberum Gavili∣kinde & Stoikikinde, ad fundandum ibi Do∣mum Religionis, &c. Mon. Angl. 2 Par. fol. 640. a.

Gavelsester, (Sax.) Sextarius vectigalis; Cervisiae scilicet sextarius Manerii vel praedii Domino ab usufructuariis cervisiam coquentibus, census vel vectigalis nomine, pendendus,) A cer∣tain Measure of Rent-Ale. Among the Arti∣cles to be charged on the Stewards and Bailiffs of the Church of Canterburies Mannors in Kent, (according to which they were to be ac∣countable,) this of old was one; De Gavel-se∣ster cujuslibet bracini braciati infra libertatem Maneriorum, viz. unam lagenam & dimidiam Cervisiae. It elsewhere occurs under the name of Tol-sester, thus; De Tolsester Cervisiae, hoc est de quolibet bracino per unum annum lagenam de Cervisia. And, is undoubtedly the same; in lieu whereof the Abbot of Abington was wont of Custom to receive that Peny mentioned by

Selden in his learned Dissertation annexed to Fleta, ca. 8. num. 3. and there, (by some mistake haply of the Printer,) written Colce∣ster-peny, for Tol-sester-penny. Nor differs it, (I think) from what in the Glossary, at the end of Hen. 1. Laws, is called Oale-gavel. Sax. Dict. and see Tolsester.

Gawgeor, or Gager, (from the Fr. Gau∣chir. i. In gyrum torquere,) Signifies an Officer of the Kings, appointed to examin all Tuns, Pipes, Hogsheads, Barrels, and Tercians of Wine, Oyle, Honey, Butter, and to give them a Mark of allowance, before they are sold in any place: And, because this Mark is a Circle made with an Iron Instrument for that purpose, it seems thence to take name. Of this Officer and Office we have many Statutes, the first is, Anno 27 Ed. 3. commonly called the Statute of Provision, or Purveyors, ca. 8. 23 Hen. 6. ca 16. &c. and the last, is 12 Car. 2. ca. 4.

Gawge-peny, Seems to be the Gaugeors Fee; by Anno 23 Hen. 6. ca. 16.

Geld, (Geldum) Mulcta, compensatio de∣licti & precium rei. Hence in our ancient Laws Wergild was used for the value or price of a Man slain; and Orfgild, of a Beast. Also Mo∣ny, or Tribute.—Et sint quieti de Geldis & Danegeldis & Horngeldis & Fotgeldis, & de Blodwita & Fitwita, & Flitwita, & Leirwita, & Heingwita, & Fremenefeuda, & Werdpeni, & Averpeni, & Hundredpeni, & Tolingpeni—Carta Ric. 2. Priorat. de Hertland in Devon. Pat. 5 Ed. 4. part. 3. M. 13. See Gild.

Geldable. See Gildable.

Gemote, (Sax.) Conventus) Omnis homo pa∣cem habeat eundo ad Gemotum & rediens de Gemoto, nisi probatus fur fuerit. LL. Ed. Conf. ca. 35. See Mote.

General Issue. See Issue.

Geneath, (Sax. Rectius, geneat) Villa∣nus, villicus, firmarius. L. Inae. MS. ca. 19. Regis Geneath. i. Villanus.

Generosa, Is a good addition; And, if a Gentlewoman be named Spinster in any Origi∣nal Writ, Appeal or Inditement, she may abate and quash the same. 2 Inst. fol. 668.

Gentleman, (Generosus, nobilis) from the Fr. Gentil. i. Honestus vel honesto loco natus, and the Saxon Mon, as if you would say, a Man well-born, or a Gente, or Genere; the Italian calls them Gentilhuomini; under this Title are comprised all that are above Yeomen; so that Noblemen are truly Gentlemen; But, by the course and custom of England, Nobility is either Major or Minor; the greater contains all Titles and degrees from Baronets upward, the lesser all from Barons downward. Smith de Repub. Angl. lib. 1. cap. 20. & 21. The reason of the name, grows from this, that they observe Gentilitatem suam, that is, the race and pro∣pagation of their Blood, by bearing Arms, which the common sort, neither doth, nor may do. Tully in his Topicks speaks thus of this sub∣ject, Gentiles sunt, qui inter se eodem sunt nomine ab ingenuis oriundi, quorum majorum nemo ser∣vitutem servivit, qui capite non sunt diminuti. Gentilis homo for a Gentleman, was adjudged a good addition. Hill. 27 Edw. 3. The additi∣on of Knight is ancient, but of Esquire or Gentleman, rare, before 1 Hen. 5. cap. 5. See 2 Part. Inst. fol. 595. & 667.

Gersuma (Sax. gaersuma, i. Sumptus, prae∣mium) In ancient Charters it is used for a Fine or Income. As, Sciatis me A. pro tot libris, quas B. mihi dedit in Gersumam, dedisse, con∣cessisse, &c. And—Gersumam capere de Na∣tiva vestra impregnata sinc licentiae vestra, quod dicitu Childwit. In Matth. Paris it is writ∣ten Gersoma. Datis Abbati tribus marcis auri in Gersoma, i. e. Pro Fine, and in Scotland Gressume.

Gestu & fama, Is a Writ now out of use, Lamb. Eiren. lib. 4. cap. 14. pag. 532.

Gethbrech (Rectiùs Grithbreche) Si pacem quis fregerit ante mediocres Forestae, quod dicunt Gethbrech, emendet Regi decem solidis. Consti∣tut. Canuti de Foresta cap. 18. See Grith∣breche.

Gigmills were used for the perching and burling of Woollen-Cloth, and prohibited Anno 5 & 6 Edw. 6. cap. 22. They were a kinde of Fulling Mills.

Gild (Anno 18 Car 2. cap. 1.) Signifies cheifly a Fraternity or Company, combined together with Orders and Laws made among themselves by the Princes licence, and they had their Annual Feasts and Neighborly Meet∣ings: But as to the direct time, when these Gilds had their origin in England, there is no∣thing of certainty to be found, since they were in use long before any formal Licences were granted to them, for such Meetings. Edward the Third, in the Fourteenth of His Reign, granted Licence to the Men of Coventry to erect a Merchants Gild, and a Fraternity of Brethren and Sisters, with a Master or Ward∣en; and that they might make Chantries, be∣stow Alms, do other Works of Piety, and constitute Ordinances touching the same, &c. So Henry the Fourth, in the Fourth year of His Reign, granted Licence to Found a Gild of the Holy Cross at Stratford upon Avon. See Mr. Dugdales Antiquities of Warwickshire, fol. 119. & 522. Gild or Geld (according to Cam∣den) signifies also a Tribute or Tax, and the Statutes of 27 Edw. 3. stat. 2. cap. 13. and 11 Hen. 7. cap. 9. use Gildable in the same sence with Taxable. Whence Gild in the first signi∣fication does proceed, because they support their common charge by a mutual Contribu∣tion. Gild (according to Crompton in his Ju∣risdictions, fol. 191.) Signifies an Amercement, as Foot-geld; and fol. 197. he interprets it to be a prestation within the Forest, in these words, To be quit of all manner of Gilds, is to be discharged of all manner of Prestations, to be made for gathering Sheaves of Corn, Lamb, and Wooll, to the use of Foresters. The word is also mentioned in the Stat. 15 Hen. 6. cap. 6. and 15 Car. 2. cap. 7.

Gildale (from the Sax. gild, i. solutio & oele, ale) A compotation, where every one paid his share. See Sothale.

Gildable or Geldable, (Geldabilis) That is liable to pay Tax or Tribute. Camden di∣viding Suffolk into three parts, calls the first Gildable. It is mentioned Anno 27 Hen. 8. cap. 26. But I finde Gildable expounded in an old MS. to be that Land or Lordship, which is Sub districtione Curiae Vice-com. See 2 Part. Inst. fol. 701. Inquisitio capta apud Atherston, &c. 5 Hen. 5. per Sacram. Will. Peirs & aliqui di∣cunt quod Johannes Chestershire, qui tenet unum tenementum & duo crofta cum pertin. in le Geld∣able de Johanne Lile per quod servitium igno∣rant, erexit crucem S. Johannis Hierosol. super Domum suam, ad habendum privilegium & li∣bertat. Templar. de Balshale, eo quod teneret praedict. tenementum sub Cruce in praejudicium Dom. Regis & contra formam Statuti inde edit, &c. MS. penes Gul. Dugdale Ar. Jur. dicunt quod Prior de Sempringham tenet tres Carucatas terrae in S. & non sunt Geldabiles. Ex Rot. Hundr. in Turr. Lond. de Anno 3 Edw. 1. Linc.

Gild-hall (i. Gildae aula) The cheif Hall of the City of London so called. Gildarum no∣mine continentur non solum minores fraternitates & sodalitia, sed ipsae etiam Civitatum Communi∣tates, says the Learned Spelman. See Gild.

Gildhalda Teutonicorum, Was used for the fraternity of Easterling Merchants in Lon∣don, called the Stilyard. Anno 22 Hen. 8. cap. 8.

Gild-merchant (Gilda Mercatoria) Was a certain Priviledge or Liberty, granted to Mer∣chants, whereby they were enabled (among other things) to hold certain Pleas of Land within their own Precincts.

Giltwite. See Gyltwite.

Gisarms rectius Guisarmes (An. 13 Edw. 1. Stat. 3. cap. 6.) A kinde of Hand-Ax, ac∣cording to Skene. Fleta writes it Sisarms, lib. 1. cap. 14. Est armorum genus longo manubrio & porrecto cuspide. Spel.

Gleab-land (Gleba) Church-land, Dos vel à terra ad Ecclesiam pertinens. Charta Elredi Regis Magnae Britanniae Monast. de Croiland, apud Ingulphum: Inprimis totam Insulam Croi∣landiae pro Gleba Ecclesiae, & pro situ seperali ejusdem Monasterii—Dono. Lindwood says, Gleba est terra in qua consistit Dos Ecclesiae. Men∣tioned in the Statute of 14 Car. 2. cap. 25. We most commonly take it for Land belonging to a Parish Church, besides the Tythe. Skene says, The four Acres of Land, quhilk is given to the Ministers of the Evangel in Scotland, is called ane Gleeb, the quhilk suld be frée fra payment of any teinds.

Go, Is sometimes used in a special signi∣fication, as to go without day; and to go to God, is as much as to be dismissed the Court. Broke, tit. Failer de Records, num. 1. And Kitch∣in, fol. 193.

Goaling of Uagabonds, i. Sending them to the Goal. Anno 35 Eliz. cap. 7.

God-bote (Sax.) Mulcta ex delictis in Deum admissis obveniens. A Fine or Amerciament for crimes and offences against God; an Ecclesia∣stical or Church Fine.

Good-behavior. See Good abearing.

Goldwith vel Goldwich. In the Records of the Tower, there is mention of Consuetudo Vocata Goldwith vel Goldwich; but no Expli∣cation of it. Ideo quare.

Good abearing (Bonus gestus) Is by a spe∣cial signification, an exact carriage or behavior of a Subject towards the King, and his Leige People, whereunto some Men, upon their mis∣behavior or loose demeanure, are sometimes bound: For as Lambert, in his Eiren. lib. 2. cap. 2. says, He that is bound to this, is more strictly bound, then to the Peace; because, where the Peace is not broken without an afray, battery, or such like, this surety De bono gestu, may be forfeited by the number of a Mans company, or by his or their Weapons or Arms, whereof see more in that Learned Writer, and in Crompt. Just. of Peace, fol. 120. & 127.

Good Country (Bona Patria) Is an Assize or Jury of Countrey-men or good Neighbors. Skene, verbo, Bona Patria.

Goole (Fr Goulet) (Anno 16 & 17 Car. 2. cap. 11. A breach in a Bank or Sea-wal; or a passage worn by the Flux and Reflux of the Sea.

Gorce (from the Fr. Gort, i. a Wear.) Lo∣cus in fluvio coarctatus, piscium capiendorum gratia; a Wear. It is accorded, That all such Gorces, Mills, Wears, Stanks, Stakes, and Kiddles, which be levied and set up in the time of King Edward, the Kings Grand-father, and after, whereby the Kings Ships and Boats be disturbed, that they cannot pass in such River, as they were wont, shall be out and utterly pul∣led down, without being renewed. Anno 25 Edw. 3. cap. 4. Sir Edward Coke (on Littl. fol. 5. b.) seems to derive it from Gurges, a deep Pit of Water, and calls it a Gors or Gulf. But quaere, if not a mistake.

Gote (Anno 23 Hen. 8. cap. 5.) A Ditch, Sluce, or Gutter; perhaps from the Sax. geo∣tan, Fundere.

Graduats (Graduati) Are such Schollars as have taken degrees in any University. Anno 1 Hen. 6. cap. 3.

Graffer (Fr. Greffier, i. Scriba) Signifies a Notary or Scrivener; and is used in the Stat. 5 Hen. 8. cap. 1.

Graile (Gradale, seu Graduale) A Gra∣dual or Book containing some of the Offices of the Roman Church. Gradale (inquit Lindwodus) sic dictum a gradalibus in tali libro contentis. Pro∣vincial. Angl. lib. 3. The word is mentioned in Plowden, fol. 542. And 37 Hen. 6. fol. 32. It is sometimes taken for a Mass-Book, or part of it, instituted by Pope Celestine, Anno 430. according to Cotgrave.

Grand Assize. See Assize, and Magna Assisa.

Grand Cape. See Cape and Attachment.

Grand days, Are one in every Term, so∣lemnly kept in the Inns of Court and Chancery, viz. Candlemas-day in Hillary Term; Ascen∣sion-day in Easter Term; S. John Baptist-day in Trinity Term; and All-Saints in Michaelmas Term; and these are Dies non juridici, no days in Court.

Grand Distress (Districtio Magna) Is so called, not for the quantity, for it is very short, but for the quality, for the extent is very great; for thereby the Sheriff is commanded, Quod distringat tenentem, ita quod ipse, nec ali∣quis per ipsum ad ea manum apponat, donec ha∣buerit aliud praeceptum, & quod de exitibus eo∣rundem nobis respondeat, & quod habeat cor∣pus ejus, &c. This Writ lies in two Cases, Either when the Tenant or Defendant is at∣tached, and so returned, and appears not, but makes default, then a Grand Distress is to be awarded; or when the Tenant or Defendant hath once appeared, and after makes default, then this Writ lies by the Common Law, in lieu of a Petit Cape. 2 Part. Inst. fol. 254. Anno 52 Hen. 3. cap. 9. Westm. 1. cap. 44.

Grand Sergeanty. See Chivalry and Ser∣geanty.

Grange (Grangia) Is a House or Farm, not onely where are necessary places for all manner of Husbandry; as Stables for Horses, Stalls for Cattle, &c. But where are Barns and Granaries for Corn, Haylofts, &c. And by the Grant of a Grange, which is often in Con∣veyances, such places will pass. Provinc. Angl. lib. 2. tit. de Judiciis, ca. Item omnis.

Grant (Concessio) Signifies a Gift in wri∣ting of such a thing, as cannot aptly be passed or conveyed by word onely: As Rent, Re∣versions, Services, Advowsons in Gross, Tythes, &c. or made by such persons as can∣not give, but by Deed, as the King, and all Bodies Politick; which differences are often in speech neglected, and then it is taken generally for every gift whatsoever, made of any thing by any person, and he that grants it, is called the Grantor, and he to whom it is made, the Grantee. West, part 1. Symbol. lib. 2. Sect. 334. And a thing is said to Lie in Grant, which can∣not be assigned without Deed. Coke, lib. 3. Lin∣coln-Colledge Case.

Great Men, Are most commonly under∣stood to be the Temporal Lords of the Higher House of Parliament: As Anno 43 Edw. 3. cap. 2. and 8 Rich. 2. in Proaem. And sometimes of the Members of the House of Commons, as Anno 2 Rich. 2. stat. 2.

Greathbreach or Greachbreach, Is mis∣taken by Saxton in his Description of England, cap. 11. And by Rastal, for Grith-breche, which Vide.

Grée (Fr. Gre, i, Will, allowance, or liking) Signifies agreement, contentment, or good-liking: As to make gree to the parties, is to satisfie them for an offence done. Anno 1 Rich. 2. cap. 15. And in 25 Edw. 3. cap. 19. It is said, That Judgment shall be put in suspence, till Grée be made to the King of his Debt, where it signifies satisfaction. See Agreement.

Gréen-cloth. See Counting-house.

Gréenhew (from Green, and the Sax. hewen, i. viridis) Is all one with Vert. Manwood, part. 2. of his Forest Laws, cap. 6. num. 5. See Vert.

Gréen Silver (Viride Argentum) It is an ancient Custom within the Mannor of Writtel in Com. Essex, that what ever Tenant hath his fore door opening to Greenbury, pays a half∣penny yearly to the Lord of the Mannor, by the name of Green-silver.

Green Wax seems to be used for Estreats delivered to the Sheriffs, out of the Exchequer, under the Seal of that Court (made in Green Wax) to be levied in the Counties. Anno 42 Edw. 3. cap. 9. and 7 Hen. 4. cap. 3. See Fo∣rein Apposer.

Gressume. See Gersuma.

Greve (Sax. Gerefa) Is a word of Power and Authority signifying as much as Comes or Vice-comes; and hence our Shyreeve, Portgreve, &c. See Hoveden, Parte poster. annal. fol. 346. where he says, Greve dicitur, ideo quod jure debeat Grith, i. Pacem ex illis facere, qui Patriae inferunt vae, i. miseriam vel malum. From whence, but with less power and dignity, is derived the word Reve, Bailiff, or under Offi∣cer of the Lord of a Mannor. See Shyreve and Portgreve.

Grils (Anno 22 Edw. 4. cap. 2.) A kinde of small Fish.

Grithbreche (Sax. grith-bryce, i. Pacis fractio seu violatio) Breach of the Peace. In causis Regiis Grithbreche 100 Sol.—Emen∣dabit. LL. Hen. 1. cap. 36. & Carta Will. Conq. Eccles. Sancti Pauli, in Hist. ejusdem, fol. 190. Grithbreche, i. Quod Prior tenebit Placita de illis qui frangunt pacem Regis vel libertatis ip∣sius Prioris. Ex Reg. Priorat de Cokesford.

Grithstole (Sax.) Sedes Pacis. A Sanctuary. See Frodmortel.

Grocers, by the Stat. 37 Edw. 3. cap. 5. Were Merchants that engrossed all Merchan∣dise vendible. Now it is a particular Trade, well known.

Grosse boys (Fr. Gros bois, i. Great Wood) Signifies specially such Wood as hath been or is, either by the Common Law or Custom of the Countrey, Timber. 2 Part Instit. fol. 642.

Grossome, Signifies a Fine, and is a cor∣ruption from, or a Law-French word for the Saxon Gersuma. For thus Plowden, fol. 271. Et le dit I. K. grt per m le Indenture a payer en le fine de le dit terme de 10 ans al dit W. N. dize Mille de titles, ou le value de eux en ar∣gent, en nosme de Grossome. And in fol. 285. it is written Gressame.—Absque aliquo le Gressame, vel fine pro praemissis solvend. See Gersuma.

Growm (Anno 43 Edw. 3. cap. 10. Seems to be an Engin to stretch Woollen-cloth, soon after it is woven.

Growth-halfpeny, A half-peny so called, and paid in some places for Tythe of every fat Beast, Ox, and other unfruitful Cattle. Claytons Rep. pag. 92.

Gruarii (of whom you shall read in Forest Records) derived from the Fr. Gruyer, signifies generally the principal Officers of the Forest.

Guest-takers or Gist-takers. See Agi∣stors.

Guadage or Guidage (Guadagium & Guidagium) Est quod datur alicui, ut tuto conducatur per terram alterius: That which is given for safe conduct through unknown ways, or a strange Territory. Sir Edw. Coke calls this an old legal word, 2 Inst. fol. 526.

Gule of August (Gula Augusti) Westm. 2. cap. 30. 27 Edw. 3. Stat. 3. Fitzh. Nat. Br. fol. 62. Plow. Casu Mines, fol. 316. Is the very day of S. Peter ad Vincula, which is celebrated on the first day of August, and called the Gule of August, from the Latin Gula, i. a Throat; the reason is set down in Durands Rationale, (lib. 7. cap. 19.) who says, That one Quirinus, a Tribune, having a Daughter that had a dis∣ease in her Throat, went to Alexander, then Pope of Rome, the Sixth from S. Peter, and desired of him to borrow, or see the Chains, that S. Peter was chained with under Nero, which being obtained, the said Daughter kissing the Chains, was cured of her disease, and Qui∣rinus with his Family was baptised. Tunc dictus Alexander Papa hoc Festum in Calendis Augusti celebrandum instituit, & in honorem Beati Petri Ecclesiam in Urbe fabricavit, ubi vincula ipsa reposuit, & Ad Vincula nominavit, & Calendis Augusti dedicavit. In qua Festivitate populus illic ipsa vincula hodiè osculatur. So that this day, being before called onely the Calends of August, was upon this occasion termed in∣differently, either S. Peters day, Ad Vincula, from the Instrument that wrought the miracle; or the Gule of August, from that part of the Virgin, whereon the miracle was wrought. A∣veragium aestivale fieri debet inter Hokeday, & Gulam Augusti. Rentale Manerii regalis de Wy.

Gultwit (according to Saxton in his de∣scription of England, cap. 11.) Is an amends for Trespass. But I finde no such word either in Spelmans Gloss. Sax. Dict. or Ancient Re∣cord. Therefore, doubtless, mistaken for Gyle∣wite, which Vide.

Gust (Hospes) is used by Bracton for a Stranger or Guest that lodges with us the second night. Lib. 3. tract. 2. cap. 10. In the Laws of S. Edward, published by Lambert, num. 27. it is written Gest. Of this see more in Un∣couth.

Gwabr-merched, Is a British word, signi∣fying a Payment or Fine made to the Lords of some Mannors, upon the Marriage of their Tenants Daughters; or otherwise upon their committing Incontinency. See Marchet and Lairwite.

OMnibus—Jacobus Baskervile Miles, Domi∣nus Manerii de Yrsley (Com. Heref.) salu∣tem. Noveritis me praefatum Jacobum remisisse Johanni ap John Haered. & assign. suis totum jus, titulum, &c. quod habeo de & in quibusdam Serviciis aut reditibus exeunt. de tenemento quod praedictus Johannes tenet de me in praedicto Ma∣nerio, quae servitia aut reditus sequntur, viz. Moch-meswryd, otherwise called Mastswine. Gwarthegan Claimai, otherwise called Cow∣yeld. Gwabr-Merched, otherwise called Lair∣wite. Arian-Yihen, otherwise called Ox-Silver. Gwasanaethen, otherwise called Work-Silver. And Deiliad-Moor, otherwise called Tenant in Moor. Ita quod nec ego praedict. Jac. nec haeredes mei aliquod jus, &c. in praedictis ser∣viciis in futur. habere poterimus, &c. Dat. 16 Oct. 4 Edw. 6. Penes Joh. Stead Gen.

Gwalstow (Gwalstowum, a Sax. gwal, i. Pa∣tibulum, & stow, locus.) Locus patibuli seu occidendorum. Omnia Gwalstowa, id est, occiden∣dorum loca, totaliter Regis sunt in soca sua. LL. Hen. 1. cap. 11.

Gyltwite—Habeatque ipse Episcopus (sc. Oswaldus Ep. Weorgeceastre) omnesque sui successores ibi ad jus Ecclesiasticum, debita trans∣gressionum & paenam delictorum, quae nos dicimus Ofersegenesse & gyltwite, & omnia quae∣cunque Rex in suis Hundredis habet. Ex ipso Autographo Eadgari Regis Dat. Anno 964. Penes serenissimam Majestatem CAROLI 2 Regis. A compensation or amends for Trespass or Fraud; Mulcta pro Transgressione.

H.

HAbeas Corpus, Is a Writ, which a Man, indicted or a Trespass before Justices of Peace, or in a Court of any Franchise, and imprisoned for it, may have out of the Kings Bench, thereby to remove himself thither at his own costs, and to answer the cause there. Fitzh. Nat. Br. fol. 250. And the order in this case is; first, to procure a Certiorari out of the Chancery directed to the said Justices for re∣moving the Indictment into the Kings Bench, and upon that, to procure this Writ to the Sheriff, for the causing of his body to be brought at a day, Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed.

Habeas Corpora, Is a Writ that lies for the bringing in a Jury, or so many of them as re∣fuse to come upon the Venire facias, for the tryal of a Cause brought to issue. Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic. and the New Book of Entries, verbo, Habeas Corpora.

Habendum, Is a word of course in a Con∣veyance, in every of which, are two principal parts, the Premisses, and the Habendum. The

Office of the first is, to express the name of the Grantor, the Grantee, and the thing granted. The Habendum is to limit the estate, so that the general implication of the estate, (which by construction of Law, passeth in the Premisses) is by the Habendum controlled and qualified. As in a Lease to two persons, the Habendum to one for life, the Remainder to the other for life, alters the general implication of the Joyn∣tenancy in the Freehold, which should pass by the Premisses, if the Habendum were not. Coke, vol. 2. Bucklers Case, fol. 55. See Use.

Habere facias Seisinam, Is a Writ Judi∣cial, which lies, where a Man hath recovered Lands in the Kings Court, directed to the Sheriff, and commanding him to give him Seisin of the Land recovered. Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic. This Writ is issuing sometimes out of the Records of a Fine executory, di∣rected to the Sheriff of the County, where the Land lies, and commanding him to give to the Cognizee, or his Heirs, Seisin of the Land, whereof the Fine is levied; which Writ lieth within the year after the Fine, or Judgment upon a Scire Facias, and may be made in divers Forms. West, part 2. Symb. tit. Fines, sect. 136. There is also a Writ, called Habere facias seisi∣nam, ubi Rex habuit annum, diem & vastum; which is for the delivery of Lands to the Lord of the Fee, after the King hath taken his due of his Lands, who was convict of Felony. Reg. of Writs, fol. 165.

Habere facias visum, Is a Writ, that lies in divers cases, as in Dower, Formedon, &c. Where a View is to be taken of the Lands or Tenements in question. See Fitz. Nat. Br. in Indice, verbo (View.) Bracton, lib. 5. tract. 3. cap. 8. and Lib. 5. part 2. cap. 11. See View.

Haberjects or Haubergets (Haubergettae) A kinde of Cloth. Una sit latitudo pannorum tinctorum, russatorum, & Haubergettarum, scil. Duae ulnae infra listas. Mag. Charta, cap. 26.

Habillements of War (Anno 31 Eliz. cap. 4.) Armor, Harness, Utensils, or Provisi∣ons for War; without which, Men have not ability to maintain War. 3 Part. Instit. fol. 79.

Hables, Is the Plural of the French Hable, signifying a Sea-Port or Haven. The word is used 27 Hen. 6. cap. 3.

Hadbote (Sax) Was a recompence or sa∣tisfaction for the violation of Holy Orders, or violence offered to persons in Holy Orders. Sax. Dict.

Hade of Land (Hada terrae)—S••rsum reddidit in manus Domini duas acras terrae, continens decem Seliones & duas Hadas, Anglice, Ten Ridges, and two Hades, jacen•• int. terr.—Maner. de Orleton, Anno 16 Jac.

Haerede deliberando ali••, qui habet custo∣diam terrae, Was a Writ directed to the Sheriff, willing him to command one that had the body of him, who was Ward to another, to deliver him to him, whose Ward he was, by reason of his Land. Reg. of Writs, fol. 161. b.

Haerede abducto, Is a Writ that lay for the Lord, who having by right the Wardship of his Tenant under age, could not come by his body, being conveyed away by another. Old Nat. Br. fol. 93. See Ravishment de Gard, and Haerede rapto, in Reg. of Writs, fol. 163.

Haeretico comburendo, Is a Writ that lay against him, that was an Heretick, viz. Who, having been once convict of Heresie by his Bi∣shop, and having abjured it, fell afterwards into it again, or into some other; and was thereupon committed to the Secular power. Fitz. Nat. Br. fol. 269. This Writ lies not at this day, according to Sir Edward Coke, in his 12 Rep. fol. 93.

Hafne Courts, Hafne is a Danish word, and signifies with us a Haven or Sea-Port. Let∣ters Patent of Richard, Duke of Glocester, Ad∣miral of England, 14 Aug. Anno 5 Edw. 4. have these words.—Ulterius dicunt quod dicti Abbas & Conventus & praedecessores sui habent & habere consueverunt per idem tempus in prae∣dictis villis (Bancaster & Ringstead) cum Hul∣mo quasdam Curias Portus, vocatas Hafne Courts, tenendas ibidem ad placitum Abbatis, &c. Haven or Port-Courts 4 Inst. fol. 147.

Haga (Sax. Haeg, i. Domus, a House.) In Domesday, tit. Sussex. Terra Rogerii, num. 11. Radulfus tenet unam Hagam de xii Denar. Wil∣lielmus quinque Hagas de quinque Sol, &c. An ancient anonymous Author expounds Haga to be Domus cum Shopa.—Cum novem praefatae Civi∣tatis habitaculis, quae patria lingua Hagan ap∣pellari solent. Charta Ethelredi Regis, in Aucta∣rio Matth. Paris. fol. 240. Coke on Littl. fol. 56. b. See Haw.

Hagbut. See Haque and Haquebut.

Haia, A Hedg, and sometimes taken for a Park or Enclosure. Vallatum fuit & inclausatum fossato Haia & palatio. Bracton, lib. 2. cap. 40. num. 3. Hence Haiement for a Hedg-fence. Rot. Inq. 36 Edw. 3. in Scac. de Foresta.

••aiebote (from the Fr. Haye, i. sepes, and the Sax. Bote, i. compensatio) Is used for a permission or liberty to take Thorns and Freeth, to make or repair Hedges.

Halsfange. See Pillory and Healfang.

Half-mark (Dimidia Merkae) Is a Noble. Fitzherbert (in Nat. Br. fol. 5.) says, That in case a Writ of Right be brought, and the Sei∣sin of the Demandant, or his Ancestor alleaged, the Seisin is not traversable by the Defendant, but he may tender the Half-mark for the enqui∣ry of this Seisin; which is in plainer terms, that the Defendant shall not be admitted to deny, that the Demandant or his Ancestor was seised of the Land in question, and to prove his denial, but that he shall be admitted to ten∣der Half a Mark in Money, to have an En∣quiry made, whether the Deinandant, &c. were so seised, or not. And in this signification we read the same words in the Old English, Nat. Br. fol. 26. b. See also Fitz. Nat. Br. fol. 31.

Half-seal, Is used in the Chancery for the sealing of Commissions to Delegates, appointed

upon any Appeal in Ecclesiastical or Marine Causes. Anno 8 Eliz. cap. 5.

Half-tong. See Medietas Linguae.

Halimote alias Healgemot, (from the Sax. Hease, i. aula, & gemot, i. conventus) Is that we now call a Court Baron; and the etymology is the Meeting of the Tenants of one Hall or Mannor. Omnis causa terminetur vel Hundredo, vel Comitatu vel Halimot, socum habentium, vel Dominorum Curia. LL. Hen. 1. cap. 10. The name is still retained at Luston, and other places in Herefordshire.

• Hereford
• Palatium

Ad Halimot ibidem tent. 11. die Oct. Anno Regni Regis Hen. 6. 24. Venit Jo∣hannes Garneston & Juliana Uxor ejus in plena Curià, &c.

It is sometimes taken for a Convention of Citizens in their Publick Hall, which was also called Folkmot and Halmot. As in London every Company hath a Hall, wherein they keep their Courts. 4 Inst. fol. 249. Also a Holy or Ecclesiastical Court.

Hall (Halla, Sax. Healle) Was anciently taken for a Mansion-house or Habitation. Domesday, tit. Chent. Terra Hugonis de Mount∣fort. In Newcerct Hundred ipse Hugo tenet unam terram quam Azor Rot tenuit de R. E. (Rege Edovardo) sine Halla, i. sine domo.

Hallage (Fr.) Is a Fee or Toll due for Cloaths brought for sale to Blackwel-Hall in London. Coke, vol. 6. fol. 62. b. Also the Toll that is due to the Lord of a Fair or Market, for such Commodities as are vended in the Common Hall of the place.

Hallam-shire (Anno 21 Jac. cap. 31.) Was a part of Yorkshire, where the Town of Shef∣field stands.

Halsfang. See Healfang.

Ham (Sax.) A House or Habitation; also a Village or Town. Hence our many Towns end with it, as Nottingham, Buckingham, Wal∣singham, &c.

Hambles, Is the Plural of the French Ha∣ble, signifying a Port or Haven of the Sea. Mentioned 27 Hen 6. cap. 3.

Hameling or Hambling of Dogs, Is all one with Expeditating. Manwood (Part. 1. fol. 212. and part. 2. cap. 16. num. 5.) says, This is the ancient term that Foresters used for that matter. See Expeditate.

Hamel, Hamlet, Hampsel, Are Dimi∣nutives of Ham; and signifie a little Village, or rather part of a Village; of which three, the word Hamlet is now onely used, though Kitchin useth both Hamel and Hampsel. The Learned Spelman upon these words, shewing the difference betwixt Villam integram, villam di∣midiam & Hamletam, says thus.—Hamletam vero, quae medietatem friborgi non obtinuit, hoc est ubi quinque Capitales plegii non deprehensi sint. The Statute of Exon, 14 Edw. 1. men∣tions this word thus—Lez nosmes de toutes les villes & Hamlets que sont en son Wapentake, &c. In an ancient MS. I finde it expounded, the seat of a Free-holder.

Hamfare (Sax.) Insultus factus in domo. See Gloss. in x. Scriptores.

Hamsoken (Sax. Hamsocn) The Liberty, Priviledge, or Freedom of a Mans own House, or home; also a Franchise or Priviledge so called, granted to the Lords of Mannors, whereby they hold Pleas, and take Cognizance of the breach of that immunity. Sax Dict. Significat quietantiam misericordiae intrationis in alienam Domum vi & injustè. Fleta, lib. 1. cap. 47. Concedo libertatem & potestatem, jura, con∣suetudines & omnes forisfacturas omnium terrarum suarum, i. Burgheritha, & Hundred-Setena, Athas, & Ordelas, & Infangtheofas, Hamsorne, & Fridebrice, & Forstel, & Toll, & Team, in omni Regno meo, &c Char. Donationis ab Edmundo Rege Eccles. Sanctae Mariae Glaston. Our ancient Records express Burglary under this word Hamsocne. See Home∣soken.

Handborow (Sax. Borg-hand, i. a Surety) Est quasi vas aut fide jussor manuensis, hoc est, minor seu inferior; nam Headborow vas est capitalis vel superior. Spelman.

Hand in, and hand out (Anno 17 Edw. 4. cap. 2.) Is the name of an unlawful game, how disused.

Handful, Is four inches by the Standard. Anno 33 Hen. 8. cap. 5.

Handy-warp, A kinde of Cloth made at Coksal, Bocking, and Braintree in Essex, and mentioned in the Statute of 4 & 5 Phil. & Ma. cap. 5.

Hanifare. See Hinefare.

Hankwit alias Hangwite (from the Sax. Hangian, i. suspendere, and pite, mulcta) Is (according to Kastal) a Liberty granted to a Man, whereby he is quit of a Felon or Theif, hanged without judgment, or escaped out of custody. We read it interpreted Mulcta pro homine injustè suspenso. And elswhere, Mulcta pro latrone praeter juris exigentiam suspenso vel elapso. Q. Whether it may not also signifie, a liberty whereby a Lord challengeth the for∣feiture due for him, who hangs himself within the Lords Fee? See Bloudwit.

Hanper or Hanaper of the Chancery (Anno 10 Rich. 2. cap. 1.) Seems to signifie, as Fiscus originally does in Latin. See Clerk of the Hanaper.

Hanse (an old Gothish word) Signifies a Society of Merchants, combined together for the good usage, and safe passage of merchan∣dise from Kingdom to Kingdom. This Society was, and in part, yet is endued with many large Priviledges of Princes respectively within their Territories. It had four Principal Seats or Staples, where the Almain or Dutch Merchants being the Erectors of this Society, had an espe∣cial House, one of which was here in London called Guildhalda Teutonicorum, vulgarly, the Steelyard. See Ortelius Index, verbo, Ansiatici.—Et quod habeant Gildam Mercatoriam cum

Hansa, &c. Carta Hen. 7. Ball. & Burgens. Mountgomer.

Hap, (Fr. Happer, to catch or snatch) Sig∣nifies the same with us, as to hap the possession of a Deed Poll, Littleton, fo. 8. To hap the rent; As, if partition be made between two Parceners, and more Land be allowed to one then the other, and she that has most of the Land, charges her Land to the other, and she happeth the rent, she shall maintain Assise with∣out specialty. Terms Ley.

Haque, Is a hand-Gun of about three quarters of a yard long. Anno 33 H. 8. ca. 6. and 2 & 3 Ed 6. ca. 14. There is also the half∣haque, or demi-haque.

Haquebut, (Fr.) A kind of Gun or Cali∣ver, otherwise called an Arquebuse. Anno 2 & 3 Ed. 6. ca. 14. and 4 & 5 Ph. & Ma. ca. 2.

Haratium—Et decimas de dominio suo, de pratis, de bladis, parcis, Haratiis, molendinis & de vivariis. Mon. Ang. 1. par. fo. 339. Probably from hara, a Swinesty, it might signifie the breed or stock of Swine.

Hariot, alias Heriot, (Heriotum) Sir Ed∣ward Coke on Litt. fo. 185. b. says, This, (as he takes it) in the Saxon Tongue, is called Here∣geat, that is, the Lords Beast; for here, (says he) is Lord, and geat is Beast; from which I crave liberty to dissent: For, Here in Sax. signifies an Army; and the Saxon Heregeat, (from whence we derive our Heriot) Signify'd Provision for Warr, or a Tribute given to the Lord of a Mannor, for his better preparation towards Warr: Erat enim Hereotum militaris supellectilis praestatio, quam obeunte vassallo, Do∣minus reportavit in sui ipsius munitionem, says Spelman. And, by the Laws of Canutus, it appears, that at the death of the great Men of this Nation, so many Horses and Armes were to be paid, as they were in their respective life∣times, obliged to keep for the Kings Service. It is now taken for the best Beast a Tenant hath at the hour of his Death, due to the Lord by Custom, be it Horse, Ox, &c. and in some Mannors, the best piece of Plate, Jewel, or the best good. Heriot is of two sorts; First, Ha∣riot Custom, where Hariots have been paid time out of mind by Custom, after the death of Te∣nant for life. 2. Hariot Service, when a Te∣nant holds by such service to pay Heriot at the time of his death. For this the Lord shall di∣strain, and for the other he shall seize, and not distrain. If the Lord purchase part of the Te∣nancy, Hariot Service is extinguish'd, but not so of Hariot Custom. Cokes 8 Rep. Talbots Case. See Farley.

Hart, Is a Stag of five years old com∣pleat; And, if the King or Queen hunt him, and he escape, then is he called a Hart-Royal; And, if by such hunting, he be chased out of the Forest, Proclamation is commonly made in the places adjacent, that in regard of the pa∣stime the beast has afforded the King or Queen, none shall hurt him or hinder him from return∣ing to the Forest, then is he a Hart-Royal Pro∣claimed. Manwood, Part 2. ca. 4. num. 5.

Harth-penny, and Harth-st••ver. See Chimney-Money, and Peter-Pence.

Haubergets. See Haberjects.

Haw, (from the Sax. Haga) A small quan∣tity of Land, so called in Kent; as a Hemphaw, or Beanhaw, lying near the House, and enclo∣sed for that use. Sax. dict. But, I have seen an ancient MS that says, Hawes vocantur mansiones sive domus. And Sir Edw. Coke (on Litt. fo. 5 b.) Says, in an ancient Plea con∣cerning Feversham in Kent, Haws are interpre∣ted to signifie Mansiones.

Haward. See Hayward.

Hawberk, or Haubert, quasi Hautberg, (Fr. Haubert. i. Lorica,) He that holds Land in France by finding a Coat, or Shirt of Mayle, when he shall be called, is said to have Hau∣berticum feudum, fief de Haubert—Hauberk, or Haubergion, with our Ancestors did signifie as in France, a Coat or Shirt of Mayle, and it seems to be so used Anno 13 Edw. 1. Stat. 3. ca. 6.

Hawkers, Those deceitful Fellows, who went from place to place buying and selling Brass, Pewter, and other Merchandise, which ought to be utter'd in open Market, were of old so called. The word is mentioned Anno 25 Hen. 8. ca. 6. and 33 ejusdem, ca. 4. We now call those Hawkers, who go up and down London Streets crying News-books, and selling them by retail; and, the Women who sell them by wholesale from the Press, are called Mercury Women. The Appellation of Hawkers seems to grow from their uncertain wandring, like those who with Hawkes, seek their Game where they can find it.

Haya, (Gal. Haye, Sax. Hege,) A Hedge; also a piece of Ground enclosed with a hedge.

Hayward, (from the Fr. Hay, i. Sepes, and Garde, i. Custodia) Signifies one that keeps the common herd of the Town; and, the reason may be, because one part of his Office is to look that they neither break nor crop the hedges of enclosed Grounds. He is a sworn Officer in the Lords Court, the form of whose Oath you may see in Kitchin, fo. 46.

Hazarders, Are those that play at the Game at Dice, called Hazard; Hazardor communis ludens ad falsos talos adjudicatur quod per sex dies in diversis locis ponatur super collistrigium. Int. Plac. Trin. 2. Hen. 4. Sussex 10.

Headborow, (from the Sax. Head. i. Sub∣limatus. & Borge, fide jussor) Signifies him that is chief of the Frankpledge, and that had the principal government of them within his own pledge. And, as he was called Headbo∣row, so was he also called Burrowhead, Bur∣sholder, Thirdborow, Tithingman, Chief∣pledge, or Borowelder, according to the diversity of speech in several places. Of this see Lambert in his explication, &c. verbo, Cen∣turia; Smyth de Rep. Angl. lib. 2. ca. 22. The same Officer is now called a Constable. See Constable.

Head-pence, Was an exaction of 40 l. and more, heretofore collected by the Sheriff of Northumberland of the Inhabitants of that County, twice in seven years; that is, every third and fourth years, without any account made to the King; which was therefore by the Stat. 23 Hen. 6. cap. 7. Clearly put out for ever. See Common Fine.

Head-silver. See Common Fine.

Healfang or Halsfang, Is compounded of two Saxon words Hals, i. Collum, and fang, Captus; paena scilicet, qua alicui collum stringa∣tur. See Pillory.

Hearth-money. See Chimney-money.

Heck, Is the name of an Engin to take Fish in the River Owse by York. Anno 23 Hen. 8. cap. 18.

Heda, A Haven or Port. Domesday.

Heir (Haeres) Is he that succeeds, by right of Blood, in any Mans Lands or Tenements in Fee; for nothing passeth Jure Haereditatis, but Fee. By the Common Law a Man cannot be Heir to Goods or Chattels, for Haeres dicitur ab Haereditate. Every Heir, having Land by descent, is bound by the binding Acts of his Ancestors, if he be named, Qui sentit commo∣dum, sentire debet & onus. Coke on Littl. fol. 7, 8.

Last Heir. See Last.

Heire-lome (from the Sax. Heier, i. haeres, & leome, i. membrum) Omne utensile robustius quod ab aedibus non facile revellitur, ideoque ex more quorundam locorum ad haeredem transit, tan∣quam membrum haereditatis. Spelm. It compre∣hends divers implements of Houshold, as Tables, Presses, Cupboards, Bedsteads, Furnaces, Wain∣scot, and such like, which (in some Countreys, having belonged to a House certain descents, and never inventoried, after the decease of the owner, as Chattels) accrue by Custom, not by Common Laws to the Heir with the House it self. Consuetudo Hundredi de Stretford in Com. Oxon. est, quod haeredes tenementorum infra Hun∣dredum praedict existen. post mortem antecessorum suorum habebunt, &c. Principalium, Anglice an Heir-loome, viz. De quodam genere catal∣lorum, utensilium, &c. optimum plaustrum, op∣timam carucam, optimum ciphum, &c. Coke on Littl. fol. 18. b.

Hebber-man, A Fisherman below London∣bridge, who fishes for Whitings, Smelts, &c. commonly at Ebbing-water, and therefore so called. Mentioned in Art. for the Thames-Jury, Printed 1632.

Hebbing-wears (Mentioned in 23 Hen. 8. cap. 5.) Are Wears or Engins made or laid at Ebbing-water, for taking Fish. Quaere.

Heisa, servitium. Inter Placita de temp. Jo. Regis, Northampton 50.

Henchman, Qui equo innilitur bellicoso, From the German Hengst, a War-horse: With us it signifies one that runs on foot, at∣tending upon a Person of Honor or Worship. Anno 3 Edw. 4. cap. 5. and 24 Hen. 8. cap. 13. It is written Henrman, Anno 6 Hen. 8. cap. 1.

Henghen (Sax. Hengen) A Prison, Goal, or House of Correction. Si quis amicis desti∣tutus, vel alienigena, ad tantum laborem veniat, ut amicum non habeat, in prima accusatione po∣natur in Hengen, & ibi sustineat donec ad Dei judicium vadat. LL. Hen. 1. cap. 65.

Hengwite, Significat quietantiam miseri∣cordiae de latrone suspenso absque consideratione. Fleta, lib. 1. cap. 47. See Hankwit.

Herald, Heralt, or Harold (Ital. Heraldo, Fr. Herault, Vel quasi Herus altus) Signifies an Officer at Arms, whose Function is to denounce War, to proclaim Peace, and to be employed by the King in Martial Messages. Thus describ∣ed by Polidore, lib. 19. Habent insuper Appa∣ritores ministros, quos Heraldos dicunt, quorum praefectus Armorum Rex vocitatur, hii belli & pacis nuncii: Ducibus, Comitisque à Rege factis, insignia aptant ac eorum funera curant. They are Judges and Examiners of Gentlemens Arms, and Conservers of Genealogies; they Martial the Solemnities at the Coronation, and Funerals of Princes, Manage Combats, and such like. The three chief are called Kings at Arms, of which, Garter is the Principal, instituted and created by Henry the Fifth (Stows Annal. pag. 584.) whose office is to attend the Knights of the Garter at their Solemnities, and to Marshal the Funerals of the Nobility; yet I finde in Plowden, Casu Reneger & Fogossa, that Ed∣ward the Fourth granted the Office of King of Heralds to one Garter, Cum feudis & proficuis ab antiquo, &c. fol. 12. b. The next is Clarentius, ordained by Edward the Fourth, who, attain∣ing the Dukedom of Clarence, by the death of George his Brother, whom he beheaded for aspiring the Crown, made the Herald, which properly belonged to that Dukedom, a King at Arms, and called him Clarentius. His proper office is, to martial and dispose the Funerals of all the lesser Nobility, as Knights and Es∣quires, through the Realm on the South-side Trent. The third is Norroy, quasi, North-Roy, whose office is the same on the North-side Trent, as Clarentius on the South, as is intima∣ted by his name, signifying the Northern King, or King at Arms, of the North parts. Besides these, there are six other properly called He∣ralds, according to their original, as they were created to attend certain great Lords, &c. in Martial Expeditions, viz. York, Lancaster, Somerset, Richmond, Chester, Windsor. Lastly, there are four other called Marshals or Pursui∣vants at Arms, who commonly succeed in the place of such Heralds as die, or are preferred, and those are Blew-mantle, Rouge-cross, Rouge∣dragon, and Percullis. These Heralds are by some Authors called Nuncii Sacri, and by the Ancient Romans, Feciales, who were Priests. Kings at Arms are mentioned in the Statute of 14 Car. 2. cap. 33. Of these see more in Sir Hen. Spelmans learned Glossarium.

Herbage (Fr.) Lat. Herbagium) Signifies the Pasture or Fruit of the Earth, provided by nature, for the Bit or Mouth of the Cattle: And it is commonly used for a Liberty that a

Man hath to feed his Cattle in another Mans Ground, as in the Forest. Cromp. Jur. fol. 197. Occurrit frequens (says Spelman) pro jure depascendi alienum solum, ut in Forestis.

OMnibus—Hugo de Logiis—salutem. Sciatis me dedisse—Thomae de Erdyngton totam terram meam de Alfledemore cum pertin. Red∣dendo inde annuatim sex sagittas barbatas ad festum S. Mich. Salvo mihi & Marg. uxori meae, quod nos in praedicta terra habebimus Liberum Herbagium ad custum nostrum, nobis & omnibus hominibus nostris de familia nostra transeuntibus, &c. Sine Dat. Penes Wil. Dugdale Arm.

Herbenger, (from the Fr. Herberger, i. Hospitio accipere) Signifies with us an Officer of the Kings Court, who allots the Noblemen, and those of the Houshold their Lodgings. Kitchin (fol. 176.) uses it for an Inn-keeper.

Herciebant (a Gal. Hercer, to Harrow)—Arabant & Herciebant ad Curiam Domini, i. They did Plough and Harrow at the Mannor of the Lord. 4 Inst. fol. 270.

Hereditaments (Haereditamenta) Signifie all such immovable things, be they corporeal, or incorporeal, as a Man may have to himself and his Heirs, by way of inheritance (see 32 Hen. 8. cap. 2.) or, not being otherwise be∣queathed, do naturally, and of course descend to the next Heir, and fall not within the reach of an Executor or Administrator, as Chattels do. It is a word of great extent, and much used in Conveyances; for by the Grant of Hereditaments, Isles, Seigniories, Mannors, Houses, and Lands of all sorts, Charters, Rents, Services, Advowsons, Commons, and whatsoever may be inherited, will pass. Coke on Littl. fol. 6. Haereditamentum est omne quod jure haereditario ad haeredem transeat.

Herefare (Sax.) Profectio militaris & expe∣ditio. See Subsidy.

Heregeat. See Hariot.

Heregeld (Sax.) Pecunia seu tributum a∣lendo exercitui collatum. See Subsidy.

Heriot. See Hariot.

Herestita or Heressia, Signifies a Soldier hired, and departing without Licence; from the Saxon Here, exercitus; & slitan, scindere, dissolvere; not from Sliten, to depart, as in 4 Inst. fol. 128.

Hermitage (Heremitagium) The Habita∣tion of a Hermite, a solitary place. Vulgariter autem locus iste a laicis Heremitagium nuncupa∣tur, propter solitudinem; non quod Heremita aliquis aliquo tempore ibidem solebat conversari. Mon. Angl. 2 par. fol. 339. b.

Hermitorium, Is by some Authors con∣founded with Hermitage; but I have seen it distinguished, to signifie the Chappel, or place of Prayer, belonging to an Hermitage; for I finde in an old Charter.—Capellam sive Her∣mitorium.

Herpsac. See Frodmortel.

Hesta or Hestha. Hestam intelligo pro Capo seu Gallo castrato, vel pullo quodam gallinaceo: A Gal. Hestoudeau, a Cockerel or Caponet. Spel. See Rusca.

Hest-corne.—In redeundo vero Rex Athel∣stanus, post peractam victoriam, declinavit per Ebor. versus Beverlacum, ac nonnullas posses∣siones redimendo, Cullellum per〈…〉〈…〉eum ibi deposi∣tum, dedit Deo & glorioso Confessori Johanni prae∣dicto, ac septem Presbyteris ibidem Deo servien∣tibus—Quasdam avenas, vulgariter dictas Hestcorne, percipiendas de Dominiis & Eccle∣stis in illis partibus, quas Ministri dictae Ecclesiae, usque in praeseus percipiunt pacifice & quiete. Mon. Angl. 2 par. fol. 367. b.

Hexam, Was anciently a County of it self, and a Franchise, where the Kings Writ went not; but by the Statute of 14 Eliz. cap. 13. Hexam and Hexamshire shall be within the County of Northumberland. See 4 Inst. fol. 222. It was also of old a Bishoprick by the name of Episcopatus Hagustaldensis. See Mon. Angl. 2 par. fol. 91.

Hide of Land (Sax. Hyde-Lands ab Hyoen, tegere) Tanta fundi portio quanta unico per an∣num coli poterat aratro. A Plough-Land. In an old Law Manuscript it is said to be 120 Acres. Bede calls it Familiam, and says it is as much as will maintain a Family. Others say, it is four Yardland. Cromp. in his Jurisd fol. 222. says, A Hide of Land contains One hun∣dred Acres, and eight Hides make a Knights Fee. Hida autem Anglice vocatur terra unius aratri culturae sufficiens. Hen. Hunting. Hist. lib. 6. But Sir Edward Coke holds, That a Knights Fee, a Hide or Plough-Land, a Yard-Land, or Oxgang of Land, do not contain any certain number of Acres. On Littl. fol. 69. The distribution of England by Hides of Land, is very ancient; for there is mention of them in the Laws of King Ina, cap. 14. Henricus 1. Maritandae filiae suae gratia Imperatori, cepit ab unaquaque hidâ Angliae tres sol. Spel. And see Cam. Brit. fol. 158.

Hide-lands. (Sax. Hydelandes) Terrae ad Hydamseu tectum pertinentes.

Hide and gain, Did anciently signifie Ar∣able Land. Coke on Littl. fol. 85. b. For of old to gain the Land, was as much as to Till, or are it. See Gainage.

Hidage (Hidagium) Was an extraordinary Tax, payable anciently for every Hide of sand. Bracton, lib. 2. ca. 6. writes thus of it. Sunt etiam quaedam communes praestationes, quae ser∣vitia non dicuntur, nec de consuetudine veniunt, nisi cum necessitas intervenerit, vel cum Rex ve∣nerit; sicut sunt Hidagia, Coragia, & Carva∣gia, & alia plura de necessitate, & ex consensu communi totius regni introaucta, & quae ad Do∣minum feudi non pertinent, &c. King Etheldred in the year of Christ 994. when the Danes land∣ed at Sandwich, taxed all his Land by Hides; every 310 Hides of Land found one Ship fur∣nished, and every 8 Hides found one Jack, and one Saddle for defence of the Realm. Williel∣mus Conquestor de unaquaque Hida per Angli∣am sex solidos accepit. Floren. Wigorn. in An. 1084. Sometimes Hidage was taken for the

being quit of that Tax; which was also called Hyde-gyld.

Hidel, (Anno 1 Hen. 7. ca. 6.) Seems to signifie a place of protection, or a Sanctua∣ry.

Hiis testibus. Antiquity did add these words in the continent of the Deed, after the In cujus rei testimonium, written with the same hand with the Deed, which Witnesses were cal∣led, the Deed read, and then their names en∣tred; And this clause of Hiis testibus in Sub∣jects Deeds continued until and in the Reign of Hen. 8. but now is wholly omitted. Coke on Litt. fol. 6.

Hine, (Sax.) A Servant, or one of the Fa∣mily; but, it is now taken in a more restrictive sence, for a Servant at Husbandry; and, the Master ••ine, he that oversees the rest. Anno 12 R. 2. ca. 4.

Hinefare, or Heinfare (from the Sax. Hine, a Servant, and Fare, a going or passage) the going or departure of a Servant from his Master.—Siquis occidit hominem Regis & facit Hein faram, Dat. Regi xx s. &c. Domesday, tit. Arcanfeld.

Hinegeld, Significat quietantiam transgres. sionis illatae in servum transgredientem. MS. Arth. Trevor. Ar.

Hirciscunda, The division of an inheritance among Heirs. Goldm. dict. Actio Hirciscundae. See Action mixt.

Hird. i. Domestica vel intrinseca familia. Inter Plac. Trin. 12 Ed. 2. Ebor. 48. MS.

Hithe. See Hyth.

Hoastmen, (Anno 21 Jac. ca. 3.) Are an ancient Gild or fraternity at Newcastle upon Tine, who deal in Seacoal.

Hoblers, or Hobilers (Hobelarii) Erant milites gregarii levi armatura & mediocri equo, ad omnem mutum agili, sub Edouardo 3 in Gallia merentes. Dicti (ut reor) vel ab istiusmodi equo, an Hobby appellato, vel potius a Gal. hobille, tunica. Tabulae classes describentes in exercitu ejusdem Edvardi Caletem obsident. Anno 1350, sic habent. Sub Comite Kildariae, Bane∣rets 1. Knights 1. Esquires 38. Hobilers 27, &c. These were light-horsemen, or (according to Cowel) certain Tenants, who, by their Tenure were bound to maintain a little light Nag, for certifying any invasion; or such like peril towards the Sea-side, as Portsmouth, &c. of which you may read 18 Ed. 3. Stat. 1. ca. 7. and 25 ejusdem. Stat. 5. ca. 8. and Cam. Britan. fol. 272. Duravit vocabulum usque at atatem, Hen. 8. says Spelman. Gentz darmes & Hobe∣lours, see Pryns Animad. on 4 Inst. fol. 307.

Hock tuesday-money, Was a Tribute paid the Landlord, for giving his Tenants and Bond∣men leave to celebrate that day (which was the second Tuesday after Easter week) whereon the English did Master the domineering Danes. Mr. Fab. Philips Mistaken Recompence, fo. 39.

Hockettor, or Hocqueteur, Is an old French word for a knight of the Post; a de∣cay'd man, a basket-carrier. 3 Part Inst. fol. 17••. Que nul enquerelant neu respoignant ne soit surpris neu cheson per Hockettours, parent que la verite ne soit ensue. Stat. Ragman.

Hogenhine, (rectius, Third night awn hine. i. Third night own servant) Is he that comes guest-wise to an Inne or House, and lies there the third night, after which he is accounted of that Family; and, if he offend the Kings Peace, his Host was to be answerable for him. See Third∣night-awn-hine.

Hokeday, Otherwise called Hock-tuesday, was the second Tuesday after Easter-week.—Et ad festum S. Mich. cum tenere voluerit.—Senescallus Curiam de la Hele, habebit de Cele∣rario quinque albos panes & Costrellos suos plenos Cervisiae, & ad idem Festum pro Curia de Kin∣nersdone de privilegiis tenendis, habebit totidem, & ad le Hokeday totidem. Mon. Angl. 2 Par. fo. 550. b. See Hocktuesday Money.

Hogshead, Is a Measure of Wine, Oyle, &c. containing half a Pipe, the fourth part of a Tun, or 63 Gallons. Anno 1 R. 3. ca. 13.

Holm, (Sax. Hulmus,) insula amnica, A River Island, according to Bede; sometimes found in ancient. Deeds and Records. Coke on Litt. fol. 5.—Cum duobus holmis in campis de we done. Mon. Angl. 2. p. fo. 292. b. where it seems to have a different signification.

Homage, (Fr.) Is derived from Homo, and is called Homage, because when the Tenant does this service, he says, I become your Man; It is also called Manhood, as the Manhood of his Tenant and the Homage of his Tenant is all one. Coke on Litt. fo. 64. In the Original Grants of Lands and Tenements by way of Fee, the Lord did not onely tye his Tenants to certain Services, but also took a submission with Promise and Oath to be true and loyal to him, as their Lord and Benefactor. This sub∣mission is called Homage, the form whereof you have in 17 Edw. 2. Stat. 2. in these words. When a freeman shall do Homage to his Lord, of whom he holds in chief, he shall hold his hands together between the hands of his Lord, and shall say thus, I become your man from this day forth for life, for mem∣ber and for worldly honour, and shall owe you my faith, for the Land I hold of you, sa∣ving the Faith that I owe unto our Soveraign Lord the King, and to mine other Lords. And in this manner the Lord of the Fee, for which Homage is due, takes Homage of every Tenant, as he comes to the Land or Fee. Glanv. lib. 9. ca. 1. except women, who perform not Homage, but by their Husbands (yet Fitz. in his Nat. Br. fol. 157. sayes the contrary) because Ho∣mage specially relates to service in War. He says also, That Consecrated Bishops do no Homage, but onely fealty; the reason may be all one; yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Co∣ronation; and, I have read, that the Bishop of the Isle of Man is Homager to the Earl of Der∣by. Fulbec reconciles this, fol. 20. in these words; By our Law a Religious Man may do Homage, but may not say to his Lord, Ego de∣venio homo vester, because he has professed him∣self

to be onely Gods Man; but, he may say, I do unto you homage, and to you shall be faith∣ful and loyal. See Britton, ca. 68.

Homage is either new with the Fee, or ance∣strel. Homage is also used for the Jury in a Court Baron, because it commonly consists of such as owe Homage to the Lord of the Fee. This Homage is used in other Countreys as well as ours, and was wont to be called Hominium. See Hotoman de verbis feud. verbo Homo.

Homage auncestrel, Is, where a Tenant holds his Land of his Lord by Homage, and the same Tenant and his Ancestors, (whose heir he is) have holden the same Land of the same Lord and his Ancestors, whose heir the Lord is, time out of memory of man, by Homage, and have done them Homage; such service draws to it warrantry from the Lord, &c. Thus Littleton. In this example here put (says Sir Edward Coke) There must be a double prescripti∣on, both in the blood of the Lord and of the Te∣nant; and therefore, I think there is little or no land at all at this day holden by Homage ance∣strel: Yet, I have been credibly informed, that in the Mannor of Whitney, in Herefordshire, whose Lord is of the same name, and the fa∣mily has been seated and continued there for many ages; is one West a Tenant, who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof, by Ho∣mage ancestrel.

Homager, (from the Fr. Hommage,) One that does, or is bound to do Homage to ano∣ther. As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby. See Ho∣mage.

Homagio respectuando, Was a Writ to the Escheator, commanding him to deliver seisin of lands to the heir, that is of full age, notwith∣standing his Homage not don. Fitz. Nat. Br. fol. 269.

Homesoken, Rectius Hamsoken, & Hamso∣ca, (from the Sax. Ham. i. Domus, Habitatio, & socne, Libertas, Immunitas) Is by Bracton, lib. 3. Tract. 2. ca. 23.) thus defined, Home∣soken dicitur invasio domus contra pacem domini Regis. It appears by Rastal, that in ancient times some men had an immunity to do this. Si quis Hamsocam violaverit, jure Anglorum Regi emendet 5 libr. LL. Canuti. cap. 39. Ham∣soken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicu∣jus ad litigandum vel furandum vel quicquid a∣sportandum, vel aliquod aliud faciendum, contra voluntatem illius qui debet domum vel Curiam. Ex Reg. Priorat. de Cokesford. See Hamso∣ken.

Homicide, (Homicidium) Is the slaying of a Man, and it is divided into voluntary and casual. Voluntary homicide is that, which is deliberated and committed of a set purpose to kill; casu∣al is that which is done by chance, without any intention to kill. Homicide voluntary is either with precedent malice, or without; the for∣mer is Murder, and is the Felonious killing, through malice prepensed, of any person living in this Realm under the Kings protection. West. par. 2. Symb. tit. Inditements, Sect. 37. usque ad 51. where you may see divers subdivisions of this matter. See also Glanvil, lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther, Manslaughter and Chancemedley.

Homine eligendo ad custodiendam peci∣am sigilli pro mercatoribus aediti, Is a writ directed to a Corporation, for the choice of a new Man to keep one part of the Seal, ap∣pointed for Statutes-Merchant, when the other is dead, according to the Statute of Acton Burnel. Reg. of Writs, fol. 178. a.

Homine replegiando, Is a Writ for the Bailing a man out of Prison. In what cases it lies, see Fitz. Nat. Br. fol. 66. And Reg. of Writs, fol. 77.

Homine capto in Withernamium, Is a Writ to take him that has taken any Bondman or Woman, and led him or her out of the County, so that he or she cannot be replevied according to Law, Reg. of Writs, fol. 79. a. See Withernam.

Hond-habend, (from the Sax. Hond, Hand, and Habens, having) Signifies a circumstance of manifest Theft, when one is deprehended with the thing stoln in his hand. Bract. lib. 3. Tract. 2. ca. 8. 32 & 35. who also uses handberend in the same sence, sc. latro manifestus.

Hond-peny.—Et sint quieti de chevagio, Hond-peny, Buckstall & Tristris & de omnibus misericordiis, &c. Privileg. de Semplingham. Quaere.

Honor, Is, besides the general signification, used especially for the more noble sort of Seig∣niories, whereof other inferior Lordships or Mannors depend, by performance of some Customs or Services to those who are Lords of them. (Though anciently Honor and Baronia signify'd the same thing.) Uti Manerium plu∣rimis gaudet (interdum feodis, sed plerumque) te∣nementis, consuetudinibus, serviciis, &c. Ita Ho∣nor plurima complectitur Maneria, plurima feo∣da militaria, plurima Regalia, &c. dictur etiam olim est Beneficium seu Feodum Regale, tentus∣que semper a Rege in Capite. Spel. The manner of creating these Honors by Act of Parliament, may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37, 38. and 34 ejusdem, ca. 5. where Ampthil, Grafton and Hampton Court, are made Honors. And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent, to erect four several Honors, viz. Westminster, Kingston upon Hull, St. Osyths and Donnington, and as many other Honors as he will. In reading se∣veral approved Authors and Records I have observed these following to be likewise Ho∣nors, viz. The Honors of Aquila, Clare, Lan∣caster, Tickhil, Wallingford, Nottingham, Bo∣loine, Westgreenwich; Bedford, Barkhamstead, Plimpton, Cre••ecure, Haganet, East-greenwich, Windsor, Bealieu, Peverel, Ramesey, Skipton, Wyrmsgay, Clinn, Raleigh, Montgomery, Wigmore, Huntingdon, Eye, Baynards Castle, Glocester, Arundel, Heveningham, Cockermouth, Bulling∣broke,

Folkingham, Leicester, Hinkley, Whit∣hurch, Hertford, Newelme, Chester, Lovetot, Pickering, Mardstone, Tuttebury, Warwick, Bregh∣nok, or Brecnok, Bre••mber, Halton. And, in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan.

Sciatis communiter, me—accepisse in manu mea & defensione totum Honorem Ecclesiae de Rameseie, &c. Charta Gulielmi I. Abbati Rames. Sect. 174. See Cam. Britan. fol. 315, 407, 594, & 690, &c. Bakers Chro. fol. 117. Inquis. 10 Edw. 2. Cokes 4 Inst. fol. 224. Mag. Charta, cap. 31. Reg. Orig. fol. 1. Cromp. Juris. fol. 115. Broke, tit. Tenure, num. 26, &c. This word is used in the same signification in other Nations.

Honor Courts, Are Courts held within the Honors aforesaid, mentioned 33 Hen. 8. cap. 37. And 37 Ejusdem. cap. 18.

Honorary Services, (Anno 12 Car. 2. cap. 29.) Are such as are incident to the Tenure of Grand Serjeanty, and annexed commonly to some Honor or Grand Seigniory.

Hontfongenethef.—Cum omnibus aliis libertatibus, tantummodo Hontfongenethef mihi retento. Carta Wil. Comitis Marescalsi. In Mon. Angl. 1 Par. fol. 724. This should have been written Hondfangenethef, and signifies a Theif, taken with Hondha-bend, i. Having the thing stoln in his hand.

Hornebeam-Pollengers, Are Trees so called, that have usually been lopped, and are above twenty years growth, and therefore not tythable. Plowden, Casu, Soby, fol. 470.

Horngeld (from the Sax. Hofn, cornu & gel••, soltitio) Signifies a Tax within the Forest, to be paid for horned Beasts. Cromp. Juris. fol. 197. And to be free of it, is a priviledge granted by the King to such as he thinks good; Quietum esse de omni collectione in Foresta de bestiis cornutis asses. 4 Inst fol. 306.—Et sint quieti de omnibus geldis, & Danegeldis, & Vod∣geldis, & Senegeldis, & Horngeldis, &c. Diplo∣ma. Hen. 3. Canonicis & Monialibus de Sem∣plingham. See Subsidy.

Hors de son Fée (Fr. i. out of his Fee) Is an Exception to avoid an Action brought for Rent, issuing out of certain Land, by him that pretends to be the Lord, or for some Customs and Services: For if, the Defendant can prove the Land to be without the compass of his Fee, the Action falls. See District and Broke, hoctitulo.

Hospitalers (Hospitalarii) Were a certain order of Religious Knights, so called, because they built an Hospital at Jerusalem, wherein Pilgrims were received: To these Pope Cle∣ment the Fifth transferred the Templers, which Order, by a Council held at Vienne, he sup∣pressed, for their many and great misdemeanors. These Hospitalers were otherwise called Knights of S. John of Jerusalem, and are now those we call the Knights of S. John of Malta. Cassan. Gloria mundi, part. 9. Consid. 5. This Constitu∣tion was also obeyed in Edward the Second's time here in England, and confirmed by Par∣liament. Walsinghams Hist. Edw. 2. These are mentioned 13 Edw. 1. cap. 43. and 9 Hen. 3. cap. 37. They had many priviledges granted them by the Popes, as immunity from payment of Tythes, &c. Their Lands and Goods were put into the Kings dispose by Stat. 32 Hen. 8. cap. 24. See Mon. Angl. 2 part. fol. 489.

Hotchpot (Fr. Hochepot) A confused min∣gle-mangle of divers things jumbled or put together; so also of Lands of several Tenures. As, a Man seised of thirty Acres of Land in Fee, hath issue two daughters, and gives with one of them ten Acres in Franc-marriage, and dies seised of the other twenty: Now, if she, that is thus married, will have any part of the twenty Acres, she must put her Lands given in Franc-marriage, in Hotchpot, that is, she must refuse to take the sole profits of the ten Acres, but suffer them to be mingled with the other twenty Acres; to the end, an equal division may be made of the whole thirty, between her and her sister; and thus, for her ten Acres, she shall have fifteen, otherwise her sister will have the twenty Acres of which the Father died seised. Littleton, fol. 55. Coke on Littl. lib. 3. cap. 12. Britton, fol. 119.

Housabold and Hoybold—Et similiter con∣cessionem quam idem Willielmus de Lancastre fecit eisdem (Abbati & Canonicis de Cokersand) & eorum tenentibus villae de Gairstang, tam qui essent, quam qui fuerunt de Housabold and Hoybold cum omnibus aliis libertatibus eidem Villae pertin. Mon. Angl. 2 par. fol. 633. a. Quaere.

House-bote (Compounded of House and Bote, i. Compensatio) Signifies Estovers, or an allowance of Timber, out of the Lords Wood, for the repair or upholding a House or Tene∣ment. Housebote (says Coke on Littl. fol. 41. b.) is twofold, viz. Estoverium aedificandi & ar∣dendi.

House-robbing or House-breaking (Sax. Hous-bryc) Is the robbing a Man in some part of his House, or his Booth or Stall in any Fair or Market, and the owner or his Wife, Children or Servants being within the same: This was Felony by 23 Hen. 8. cap. 1. and 3 Edw. 6. cap. 9. but now it is Felony, though none be within the House, by 39 Eliz. cap. 15. See Burglary, and West, part. 2. Symb. tit. In∣dictments, sect. 67.

Hudegeld, Significat quietantiam transgressi∣on is illatae in servum transgredientem. Supposed to be mistaken by Fleta or mis-printed for Hinegeld.

Hue and Cry (Hutesium and Clamor, from the Fr. Huer and Crier, both signifying to shout, and cry out aloud) Signifies a pursuit of one who hath committed Felony by the High-way; for if the party robbed, or any in the company of one murdered or robbed, come to the Con∣stable of the next Town, and will him to raise Hue and Cry, or to pursue the Offendor, de∣scribing the party, and shewing, as near as he can, which way he is gone, the Constable ought forthwith to call upon the Parish for aid in seeking the Felon; and if he be not found there, then to give the next Constable warn∣ing,

and he the next, until the Offendor be apprehended, or at least thus pursued to the Sea-side. Of this read Bracton, lib. 3. tract. 2. cap. 5. Smith de Repub. Anglor. lib. 2. cap. 20. And the Statutes 13 Edw. 1. of Winchester, ca. 3.—28 Ed. 3. cap. 11. and 27 Eliz. cap. 13.

The Normans had such a pursute with a Cry after Offenders, as this is, which they called Haro, of which you may read the Grand Custo∣mary, ca. 54. Hue is used alone, Anno 4 Ed. 1. Stat. 2. In ancient Records this is cal∣led Hutesium & Clamor. See Cokes 2 Part In∣stit. fol. 172.

Mandatum est Gulielmo de Haverhul Thesau∣rario Regis, quod Civitatem London capiat in ma∣num Regis, eo quod Cives ejusdem Civitatis non Levaverunt Hutesium & Clamorem pro morte Magistri Guidonis de Aretio & aliorum interfe∣ctorum, secundum legem & consuetudinem regni. Rot. Claus. 30 H. 3. m. 5.

Huers. See Conders.

Huissiers. See Usher.

Hulm. See Holm.

Hundred, (Hundredum, Centuria,) Is a part of a Shire so called; either because at first there were an hundred Towns and Villages in each Hundred, or because they did find the King 100 able Men for his Warrs. These were first ordain'd by King Alfred, the 29th King of the West-Saxons: Aluredus Rex, (sayes Lambert, verbo, Centuria) ubi cum Gu∣thruno daco foedus inierat, prudentissimum illud olim a Jethrone Moisi datum secutus consilium, Angliam primus in Satrapias, Centurias & de∣curias, partitus est. Satrapiam, Shyre, a Scyri∣an, (quod partiri significat) nominavit; Centu∣riam, Hundred, & Decuriam, Toothing sive Ti∣enmantale, i. Decemvirale Collegium appellavit; at{que} iisdem nominibus vel hodie vocantur, &c. This dividing Counties into Hundreds, for better Government, King Alfred brought from Ger∣many; For there Centa or Centena is a juris∣diction over a hundred Towns. This is the original of Hundreds, which still retain the name, but their Jurisdiction is devolved to the County Court, some few excepted, which have been by priviledge annexed to the Crown, or granted to some great Subject, and so remain still in the nature of a Franchise. This has been ever since the Stat. 14 Edw. 3. Stat. 1. c. 9. whereby these Hundred Courts, formerly Farmed out by the Sheriff to other Men, were all, or the most part reduced to the County Court, and so remain at present. So, that where you read now of any Hundred Courts, you must know they are several Franchises, wherein the Sheriff has not to do by his ordi∣nary Authority, except they of the Hundred refuse to do their Office. See West, Part 1. Symbol. lib. 2. Sect. 288.—ad Hundredum post Pascha, & ad proximum Hundredum post Festum St. Mich.—Mon. Angl. 2 p. fol. 293. a. The word Hundredum is sometimes used for an immunity or priviledge, whereby a Man is quit of Hundred-peny, or Customes due to the Hundreder. See Turn.

Hundreders, (Hundredarii) Are Mon im∣panneld, or fit to be empannel'd, of a Jury, upon any Controversie, dwelling within the Hundred, where the Land in question lies. Cromp. Jur. fol. 217. Anno 35 Hen. 8. ca. 6. It also signifies him that has the jurisdiction of a Hundred, and holds the Hundred Court. An. 13 Ed. 1. ca. 38.—9 Edw. 2. Stat. 2. & 2 Edw. 3. ca. 4. and 'tis sometimes used for the Bayliff of an Hundred. Horns Mirror, lib. 1. ca. del Office del Coroner.

Hundred-lagh, (from Hundred, and the Sax. Laga. i. Lex.) Signifies the Hundred Court, from which all the Officers of the Kings Forrest were freed, by the Charter of Canutus, ca. 9. Manwood, Part 1. pa. 2. See Warscot.

Hundred-penny,—Est autem pecunia quam subsidit causa vicecomes olim exigebat ex singulis decuriis sui Comitatus, quas Tethingas, Saxones appellabant; Sic ex Hundredis, Hun∣dred-penny. Spel. Pence of the Hundred, Cam. Brit. fol. 223.

Hundred-setena—Et habeant Socam & Sacam on Strond & on Streme, on wode & on felde, Grithbrice, Hundred-setena, Adas & Ordelas, &c. Carta Edgari Regis Monast. Glaston. Anno 12 regni. Mon. Angl. 1. p. fo. 16. b. Saeta, or Setena, in composition sig∣nifies Dwellers, or Inhabitants.—Debent ha∣bere constitutionem Hundredi, quod Angli di∣cunt Hundred-setene, Text. Roff.

Hurst, (Sax. Hyrst,) A Wood, or Plump of Trees.

Huscarle, (Sax.) A Domestic Servant, or one of the Family. The word is often found in Domesday, where we find the Town of Dor∣chester paid to the use of Houscarles one Mark of silver. See Karles.

Hus & Hant. Quidam H. P. captus per querimoniam Mercatorum Flandriae & imprisona∣tus offert Domino Regi Hus & Hant in plegio ad standum recto, & ad respondendum praedictis mer∣catoribus & omnibus aliis, qui versus eum loqui voluerint. Et diversi veniunt qui manucapiunt quod dictus H. P. per Hus & Hant veniet ad summonitionem Regis vel concilii sui in Curia Re∣gis apud Shepweye & quod stabit ibi recto, &c. Placita Curiae Regis Anno 27 Hen. 3. rot. 9. Quaere, an non sit commune plegium, sicut Jo. Do. & Ric. Ro. see 4 Inst. fol. 72.

Huseans, (Fr. Houseau,) A kind of Boot, or somewhat made of course cloth, and worn over the Stocking, in stead of a Boot, a Bus∣kin. It is mentioned in the Stat. 4. Edw. 4. ca. 7.

Husfastne, (from the Sax. Hus i. Domus, & Fast, Fixus, quasi domui fixus,) Is he that holdeth House and Land. Et in franco plegio esso debet omnis qui terram tenet & domum, qui dicuntur Husfastne, & etiam alii qui illis de∣serviunt, qui dicuntur Folgheres, &c. Bra∣cton, lib. 3. Tract. 2. ca. 10. Some Authors cor∣ruptly write it. Hurderefest & Hurdesfest, re∣ctius Heordfeste, which see in Gloss. in decem Scriptor.

Husseling people. In a Petition from the Borough of Leominster to King Edward the Sixth, the Petitioners set forth, that in their Town, there were to the number of 2000 Husseling people, &c. that is, 2000 Commu∣nicants; For, Husel in Saxon signifies the Holy Eucharist.

Hustings, (Hustingum, from the Sax. Hus, Domus & thing, causa, quasi Domus causarum) antiquissima & celeberrima Londoniarum Civita∣tis Curia suprema, the principal and highest Court in London. 11 Hen. 7. ca. 21. and 9 Ed. 1. ca. unico. Of the great antiquity of this Court, we find this Honourable mention in the Laws of King Edward the Confessor,—De∣bet etiam in London, quae est Caput regni & legum, semper Curia Domini Regis singulis Septimanis Die Lunae Hustingis sedere & te∣neri; Fundata enim erat olim & aedificata ad instar & ad modum & in memoriam veteris magnae Troiae. & usque in hodiernum diem leges, & jura & dignitates, libertates, regiasque consue∣tudines antiquae magnae Trojae in se continet—& Consuetudines suas una semper inviolabilitate con∣servat. See Taylors Hist. of Gavelkind, p. 55. This Court is held before the Mayor and Al∣dermen of London. Error or Attaint lies there of a Judgment or false Verdict in the Sheriffs Court, as appears by Fitz. Nat. Br. fol. 23. Other Cities and Towns also have had a Court of the same name, as Winchester, Lincoln, York, Sheppey, &c. where the Barons or Citizens have a Record of such things as are determi∣nable before them. Fleta, lib. 2. ca. 55. Stat. 10 Edw. 2. ca. unico. See 4 Inst. fol. 247. and Gloss. in decem Scriptores, on this word.

Hyde of Land. See Hide.

Hyde-gyld, (Sax. Hyd-gyld) A price or ransom paid to save ones skin, (from beating.) Also the same with Hidage..

Hyth, (Sax.) A Port, or (little) Haven, to imbark, or land Wares at, as Queen-hyth, Lamb-hythe, &c. New Book of Entries, fo. 3.—de tota medietate Hithae suae apud Hengeste∣sey, cum libero introitu & exitu, &c. Mon. Angl. 2 Par. fo. 142. n. 40.

I.

JAck, (olim Wambasium) erat tunica, quod non ferro solido, sed tunicis plurimo lino intextis muniebatur; a kind of defensive Coat worn by Horsemen in Warr, which some by tenure were bound to find, upon any invasion. See Hi∣dage.

Jactivus, & Jectivus, (Lat.) He that lo∣seth by default. Placitum suum neglexerit & Ja∣ctivus exinde remansit. Formul. Solen. 159.

Jamaica, Is one of the American Islands, lying on the South of Cuba; Its length from East to West about 50 Leagues, and breadth 20, the middle of it under the 18th degree of Northern Latitude. It was taken from the Spaniard by the English, in the year 1655, and is mentioned in the Stat. 15 Gar. 2. ca. 5.

Jamaica-wood, (mentioned 15 Car. 2. ca. 5.) Is a kind of speckled or fine-grain'd Wood, of which Cabinets are made; called in Jamaica, Granadillo; The tree is low and small, seldom bigger then a mans leg.

Jampnum, Furze, or Gorse, and Gorsty∣ground. 1 Part Croke, fo. 179. A word much used in Fines; and seemes to be taken from the Fr. Jaulne. i. Yellow; because the blossomes of Furze, or Gorse are so. Yet Sir Edw. Coke on Litt. pa. 5. sayes, Jampna signifies a waterish place. quaere.

Jarr, (Span. Jarro. i. An Earthen Pot) with us it is taken for an Earthen pot, or Vessel of Oyl, containing twenty Gallons.

Jarrock, (Anno 1 Rich. 3. ca. 8.) Is a kind of Cork so called, with which this Statute pro∣hibits Dyers to Dye Cloth.

Identitate nominis, Is a Writ that lies for him, who is taken upon a Capias or Exigent, and committed to prison, for another man of the same name; whereof see the form and fur∣ther use in Fitz. Nat. Br. fo. 267. and Reg. of Writs, fol. 194. Idemptitate nominis maintainable by Executors, &c. Anno 9 Hen. 6. ca. 4.

Ides, (Idus,) Eight dayes in every Moneth, so called: In March, May, July and October, these eight dayes begin at the eighth day of the Moneth, and continue to the fifteenth; in other Moneths they begin at the sixth day, and continue to the thirteenth: Note, that the last day onely is called Ides, and the first of these dayes the eighth Ides, the second the se∣venth Ides, that is, the eighth or seventh day before the Ides, and so of the rest. Therefore when we speak of the Ides of such a Moneth in general, it is to be understood of the 15th or 13th day of that Moneth. See Calends.

Ideot, Is a Greek word, properly signifying a private man, who has no publick Office; Among the Latins it is taken for illiteratus, im∣peritus, and in our Law for non compos mentis, vulgarly, a natural fool. The words of the Statute, (17 Ed. 2. ca. 9.) are Rex habebit custodi∣am terrarum fatuorum naturalium—Whereby it appears he must be a natural fool, that is, a Fool a Nativitate; For, if he were once wise, and became a Fool by chance, or misfortune, the King shall not have the custody of him. Stam. Praerog. ca. 9. Fitz. Nat. Br. fol. 232. If one have so much understanding as to measure a yard of Cloth, number 20 pence, or rightly name the dayes in the week, or beget a Child, he shall not be accounted an Ideot, or Natural Fool, by the Laws of the Realm. See Cokes 4 Rep. Beverlys Case.

Idiota inquirenda vel examinanda, Is a Writ directed to the Escheator or Sheriff of any County (where the King hath notice of an Idiot, naturally born so weak of understanding, that he cannot manage his inheritance) to call before him the party suspected of Idiocy and examine him, and to enquire by the oaths of Twelve Men, whether he be sufficiently witted to dispose of his own Lands with discretion or not, and to certifie accordingly into Chancery;

For the King hath by his Prerogative the Pro∣tection of his Subjects, and the Government of their Lands and Substance; who are natural∣ly defective in their discretion. Stat. 17 Edw. 2. cap. 9. Reg. of Writs, fol. 267.

Jeman, Sometimes used for Yeoman. Sciant—quod ego Johannes Smith de Bromyard in Com. Heref. Jeman dedi—Ricardo Wiggemore Arm. omnia terr. & Tenementa, &c. Dat. 10 Jan. Anno 9 Hen. 6.

Jeofaile, Is a corruption from the Fr. I'ay faille, i. Ego lapsus sum, and signifies an over∣sight in Pleading, or other Law proceedings And by the Stat. 32 Hen. 8. cap. 30. it is en∣acted, That if the Jury have once passed upon the Issue, though afterwards there be found a Jeofail in the Pleading, yet judgment shall be given, according to the Verdict. See Broke, tit. Repleader. A Jeofail is, when the parties to a Sute, have proceeded to Issue, and this Pleading or Issue is so badly pleaded or joyn∣ed, or the proceedings so defective, that it will be Error, if they proceed. Then some of the said parties might by their Council shew it to the Court, which occasioned many delays in Sutes, for redress whereof, the foresaid Statute with others in Queen Elizabeth, and King James Raigns were made, and yet the fault not much amended.

Jetsen, Jetzon, and Jotson (from the Fr. jetter, i. ejicere) Is any thing cast out of a Ship, being in danger of Wreck, and dri∣ven to the shore by the Waves. See Flot∣son.

Jews (Judaei) See Judaism. Anciently we had a Court of the Justices assigned for the Go∣vernment of the Jews. See 4 Instit. fol. 254. Rex—Vic. Wigorn. salutem. Praecipimus tibi, quod clamari & observari facias per totam Bali∣vam tuam, quod omnes Judaei deferant in supe∣periori indumento suo ubicunque ambulaverint vel equitaverint, infra villam vel extra, quasi duas tabulas albas in pectore factas de lineo panno vel de pergameno; ita quod per hujusmodi signum manifestè possint Judaei a Christianis discerni. T. Comite apud Oxon. 30 Martii. Claus. 2 Hen. 3. p. 1. m. 10. in Dorso.

Ignitegium. See Curfeu.

Ignoramus (i We are ignorant) Is pro∣perly written on the Bill of Indictments by the Grand Enquest, empanelled in the Inqui∣sition of Causes Criminal and Publick, when they mislike their Evidence, as defective or too weak to make good the Presentment. The effect of which word so written is, that all farther enquiry, upon that party, for that fault, is thereby stopped, and he delivered without farther Answer: It hath a resemblance with that custom of the ancient Romans, where the Judges, when they absolved a person accused, wrote A. upon a little Table, provided for that purpose. i. Absolvimus. If they judged him guilty, they wrote C. i. Condemnamus. If they found the Causes difficult, and doubtful, they wrote N. L. i. Non Liquet.

Ikenild-stréet, (Stratum Icenorum) Is one of the four famous ways which the Romans made in England, taking name Ab Icenis, who were the Inhabitants of Norfolk, Suffolk, and Cam∣bridgshires. Cam. Brit. fol. 343. See Watling∣street, and LL. Edovardi Confess. cap. 12.

Illeviable, That ought not, or may not be levied. As, nihil is a word set upon a debt Illeviable.

Imbargo (Span) A stop or stay, common∣ly upon Ships by publick Authority. Anno 18 Car. 2. cap. 5.

Imbezle or Imbesil. To steal, pilfer, or purloyn. Mentioned Anno 14 Car. 2. cap. 31.

Imbracery. See Embracery.

Imparlance (interlocutio or interloquela) Is a Motion or Petition made in Court by the the Tenant or Defendant, upon the count of the Demandant or Declaration of the Plaintiff; whereby he craves respight or a further day to put in his Answer. See Broke, tit. Continu∣ance. Imparlance is general or special: Special is with this clause, Salvis omnibus advantagiis, tam ad jurisdictionem Curiae, quam Breve & Nar∣rationem. Kitchin, fol. 200. General, is that which is made at large, without inserting that, or the like cause. See Emparlance.

Imparsonée, As Parson imparsonee (persona impersonata) is he that is inducted, and in possession or a Benefice. Dyer, (fol. 40. num. 72.) Says a Dean and Chapter are Persons im∣personees of a Benefice appropriate to them.

Impeachment of Waste, (Impetitio vasti) From the Fr. Empeschement, i. Impediment) Signifies a restraint from committing waste up∣on Lands or Tenements. See Waste.

Impediens—Haec est finalis concordia facta in Curia Domini Regis apud Westm. in Octabis Sancti Hillaris, Anno Regni Regis Henrici Filii Regis Johannis Septimo, Coram Thoma de Multon, &c. Inter Willielmum de Mohun queren∣tem & Will. Brewere impedientem de Manerio de Clynton, &c. Et unde Placitum de Escambio faciendo summonit. fuit inter eos in eadem Curia, &c. Where Impedientem seems to be used for Defendentem or Deforcientem.

Impetration (Impetratio) An obtaining by Request and Prayer. It is used in our Statutes for the pre-obtaining of Benefices and Church Offices in England, from the Court of Rome, which did belong to the gift and disposition of our Lord the King, and other Lay Patrons of this Realm. The penalty whereof was the same with Provisors. 25 Edw. 3. See 38 Edw. 3. Stat. 2. cap. 1.

Impierment (Anno 23 Hen. 8. cap. 9.) Signifies as much as Impairing or Prejudicing: For the words of the Statute are—To the great impierment and diminution of their good names.

Implements (from impleo, to fill up) Are such things, as tend to the necessary use of any Trade, or Furniture of a House.

Implead (from the Fr. Plaider) To sue, arrest, or prosecute by course of Law.

Impost (Fr.) Tribute, Tallage, or Custom; but more particularly it is that Tax which the King receives for such merchandises as are imported into any Haven, from other Nations. 31 Eliz. cap. 5. And it may be distinguished from Cu∣stom, which is rather that profit which the King raises from Wares exported; but they are sometimes confounded.

Imprimery (Fr.) a Print, Impression; al∣so, the Art of Printing, or a Printing-House. Anno 14 Car. 2. cap. 33.

Impropriation (of which, there are in Eng∣land 3845.) See Appropriation.

Improbement. See Approve.

In alto & imo. The same with Alto & basso.

Inborh and Out-borh. (Sax.) Vide Camd. Britan. in Ottadinis: Ubi Patricium Comitem Dunbarrensem, aevo Hen. tertii, Inborow & Out-borow inter Angliam & Scotiam appellat, i. (si fas sit a doctissimi viri sententia recedere) fidejussorem omnium ex uno in alterum regnum iter facientium, sive inter utraque regna viatorum. Simile babes in S. C. de Monticulis Walliae, inter LL. Saxonicas, cap. 6. Sax. Dict.

In casu consimili. Is a Writ. See Casu consimili.

In casu proviso, Is another. See Casu pro∣viso.

Inchanter (Incantator) Is he, or she, Qui carminibus vel cantiunculis daemonem ad∣jurat. They were anciently called Carmina, because in those days, their Charms were in Verse. 3 Part. Inst. fol. 44.

Incident (incidens) Signifies a thing apper∣taining to, or following another, that is more worthy or principal. As a Court Baron is so incident to a Mannor, and a Court of Pic∣powders to a Fair, that they cannot be severed by Grant. Kitchin, fol. 36. See Coke on Littl. fol. 151. b.

Incroche. Admirals and their Deputies do Incroche to themselves divers Jurisdi∣ctions, &c. Anno 15 Rich. 2. cap. 3. See En∣crochments.

Incumbent (from incumbo, i. to endeavor earnestly) Is a Clerk who is resident on his Be∣nefice with Cure. Coke on Littl. fol. 119. b. And is so called, because he does or ought to bend all his study to the discharge of the Cure. 10 Hen. 6. 7. And 1 & 2 Phil. & Ma. cap. 17.

Inderimable (Indecimabilis) That is not tythable, or ought not (by Law) to pay Tythe. 2 Part. Inst. fol. 490.

Indenture (Indentura) Is a writing com∣prising some Contract, Conveyance, or Cove∣nant, between two or more, and being indent∣ed in the top answerable to another part, which hath the same Contents, it thence takes name; and differs from a Deed Poll, which is a single Deed unindented. Coke on Littl. fol. 229. The Civilians define an Indenture to be Scriptura inter creditorem & debitorem indentata, &c.

Indefeisible, That cannot be defeated, un∣done, or made void: As, A good and inde∣feisible estate, &c.

Indefensus, One that is impleaded, and refuseth to Answer. MS. de temp. E. 3.

Indicavit, Is a Writ or Prohibition that lies for a Patron of a Church, whose Clerk is Defendant in Court Christian, in an Action of Tythes, commenced by another Clerk, and ex∣tending to the fourth Part of the Church, or of the Tythes belonging to it: For in this Case, the Sute belongs to the Kings Court, by the Statute of Westm. 2. cap. 5. Wherefore the Patron of the Defendant, being like to be prejudiced in his Church and Advowzen, if the Plaintiff obtain in the Court Christian, hath this means to remove it to the Kings Court. Reg. of Writs, fol. 35. b. and Britton, cap. 109.

Indictor, He that indicteth another Man for any orfence. Stat. 1 Edw. 3. cap. 11. And Indictee, he that is so indicted. Anno 21 Jac. cap. 8.

Inditement. See Enditement.

Indivisum, Is used for that which two hold in Common without Partition. Kitchin, fol. 241. in these words, He holds pro indiviso, &c.

Indorsed (Indorsatus) Signifies any thing written on the backside of a Deed, as a Con∣dition endorsed on the backside of an Obliga∣tion; the Sealed and delivered, &c. on the back of an Indenture, is called the Indorse∣ment.

Induction (Inductio) A leading into. It is most commonly taken for the giving an Incum∣bent Livery and Seisin (as it were) of his Church, by leading him into it, and delivering him the Keys of it, by the Commissary or Bi∣shops Deputy, and by his ringing one of the Bells. See 3 Part. Crokes Rep. fol. 258.

In esse (Anno 21 Jac. cap. 2.) In being Philosophers contra-distinguish things in Esse, from things in Posse, or in Potentia. As, a Childe before he is born, or even conceived, is a thing in Posse, or which may be: After he is born, he is said to be in Esse, or Actual be∣ing.

Infangthef, Infang-theof, or Infan∣genetheof, (from the Sax. fangan, capere) Signifies in the old Saxon Latronem infra cap∣tum, i. taken within the Mannor or Liberty of any Man, having jurisdiction, granted by the King, to try such Theif within his Fee. Anno 1 & 2 Phi. & Ma. cap. 15. A Charter of Henry the First to Sir Benedict Rames, and S. Ivo, the Archbishop, hath these words—Cum saka & seca & cum Tol, & Theam, & cum infra capto fure—In the Laws of S. Edward the Confess. cap. 26. Thus, Qui habet Sacam & Socam, Thol & Theam, & Infangthef, justitia cognoscentis la∣tronis sua est, de homine suo, si captus fuerit super terram suam, &c. Infangthef, i. Quod latrones capti in Dominio vel feodo Prioris, & de latrocinio convicti in Curia Domini Prioris judicentur & ad furcas ejus suspendentur. Ex Reg. Priorat. de Cokesford. See Bracton, lib. 3. tract. 2. cap. 35. who says, (inter al.) Et dicitur Infangethef latro captus in terra als∣cujus,

de hominibus suis propriis, seisitus latrocinio. Utfangthefe verò dicitur latro extraneuae, ve∣niens aliunde de terrâ alienâ, & qui captus fuit in terrâ ipsius qui tales habet libertates, &c. See also Sir Hen. Spelmans learned Glossarium.

In forma pauperis, Is when any Man, who hath just cause of Sure in Chancery, and will make Affidavit, that he is not worth Five pounds, his debts being paid, then upon a Petition to the Master of the Rolls, he shall be admitted to sue In forma pauperis, and shall have Council, and Clerks assigned him, without paying Fees, and the like by the Judges of other Courts.

Information for the King (Informatio pro Rege) Is that which, for a common person we call a Declaration, and is not always pre∣ferred directly by the King of his Atturney; but also by some other person, who prosecutes, as well for the King, as for himself, upon the breach of some Penal Law or Statute, where∣in a penalty is given to the party that will sue for the same, and may either be by Action of Debt or Information.

Informatus non sum, or Non sum in∣formatus, Is a Formal Answer made of course by an Atturney, who is not instructed to say any thing material, in defence of his Clients cause, by which he is deemed to leave it un∣defended, and so Judgment passeth against his Client. See the New Book of Entries, verbo, Non sum informatus.

Informer (Informator) Is one who informs or prosecutes in the Exchequer, Kings Bench, or Common Pleas, Assises, or Sessions, against those that offend or break any Laws, or Penal Statutes: And are sometimes called Promotors; by the Civilians, Delatores.

Ingressu, Is a Writ of Entry, whereby a Man seeks Entry into Lands or Tenements, and lies in divers Cases, wherein it hath as many diversities of Forms. See Entry. This Writ is also called in particular Praecipe quod reddat, because those are formal words in all Writs of Entry.

De Ingressu sine assensu Capituli, &c. (Reg. of Writs, fol. 230.) Is a Writ given by the Common Law to the Successor of him, who alienated Sine assensu capituli, &c. And is so called from those words contained in the Writ. Coke on Littl. fol. 325. b.

Ingrossator magni Rotuli. See Clerk of the Pipe.

In grosse, Is that which belongs to the per∣son of the Lord, and not to any Mannor, Lands, &c. As Villain in grosse. Advowzen in grosse, &c. Coke on Littl. fol. 120. b.

Ingrossing of a Fine, Is making the In∣dentures by the Chirographer, and the delivery of them to the party to whom the Cognisance is made. Fitz. Nat. Br. fol. 147. A.

Ingrosser (Ingrossator) Is one that buys Corn growing, or dead victuals to sell again, except Barley for Malt, Oats for Oat-meal, or Victuals to Retail; Badging by Licence and buying of Oyls, Spices and Victuals, other then Fish or Salt. Anno 5 Edw. 6. cap. 14.—; Eliz. cap. 14.—13 Eliz. cap. 25. These are the words of Wests Symbol. par. 2. tit. In∣dictments, sect. 64. But this definition rather be∣longs to unlawful ingrossing, then to the word in general. See Forestaller, and 3 Part. Inst. fol. 195.

Ingrosser, Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment; as in Henry the Sixth's time, He, who is now called Clerk of the Pipe, was called Ingrossator Magni Rotuli, and the Comptroller of the Pipe was called Duplex Ingrossator. Spelm.

Inheritance (Haereditas) Is a perpetuity in Lands or Tenements to a Man and his Heirs: For Littleton, lib. 1. cap. 1. saith this word is not onely understood, where a Man hath inheritance of Lands and Tenements by descent of heritage; but also every Fee-sim∣ple or Fee-tail that a Man hath by his purchase may be called Inheritance, because his Heirs may inherit him. Several Inheritance is that which two or more hold severally, as if two Men have Land given to them, and the Heirs of their two Bodies, these have Joynt Estate during their lives, but their Heirs have several inheritance. Kitchin, fol. 155. A Man may have an inheritance. in title of Nobility, three manner of ways. 1. By Creation. 2. By Descent. And 3. by Prescription.

Inhibition (Inhibitio) Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him. See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibi∣tion. But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior, upon an Appeal. Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition, out of the Kings Court, to a Court Christian, or an Inferior Temporal Court.

Injunction (Injunctio) Is a Writ grounded upon an interlocutory order of the Chancery; sometimes to give possession to the Plaintiff, for want of appearance in the Defendant; sometimes to the Kings Ordinary Court, and sometimes to the Court Christian, to stay pro∣ceeding in a Cause, upon suggestion made, that the rigor of the Law, if it take place, is against Equity and Conscience in that case. See West, Par. 2. Symbol. tit. Proceedings in Chancery. sect. 25.

Inlagh or Inlaughe (Inlagatus) Signifies him that is (sub lege) in some Frank-pledge, not out-lawed, of whom, thus Bracton, tract. 2. lib. 3. cap. 11. Faemina utlagari non potest, quia ipsa non est sub lege, i. Inlaughe, anglicō, scil. in Franco plegio, sive decenna, sicut masculi 12 annorum vel amplius.

Inlagary or Inlagation (Inlagatio) Is a restitution of one outlawed, to the Protection of the Law, or to the benefit or liberty of a Subject. From the Sax. In-lagian, i. Inlagare.—Et ex eo seipsum legis patrocinii adeo capacem. reddat, ut ad compensationem admittatur. LL. Canuti Reg. pag. 1. cap. 2.

Inland (Inlandum) Terra dominicalis, pars Manerii Dominica, terra interior; For that

which was let out to Tenants was called Ut∣land. In the Testament of Brithericus, in Iti∣nerar Kantii; thus, to wulsege that Inland] to aelfege that Utland, i. Lego terras Domi∣nicales Wulfego, Tenementales Aelfego. Thus Englished by Lambert, To Wulfée (I give) the Inland or Demeans, and to Elfey the Outland or Tenancy.—Ex dono Wil. de Eston. 50 Acras de Inlanda sua. Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday.

Inleased (Fr. Enlasse) Intangled or in∣snared. The word is found in the Champions Oath. 2 Part. Cokes Inst. fol. 247.

Inmates, Are those that are admitted to dwell for their Money joyntly with another Man, though in several Rooms of his Mansion∣house, passing in and out by one door, and not being able to maintain themselves; which are inquirable in a Leet. Kitchin, fol. 45. where you may finde who are properly Inmates in Intendment of Law.

Innes of Court (Hospitii Curiae) Are so called, because the Students therein, do there not onely study the Laws, but use such other exercises, as may make them more serviceable to the Kings Court. Fortescu, cap. 49. Of these there are four well known, viz. The Inner Tem∣ple, Middle Temple, Lincolns Inn, and Greys Inn. These, with the Two Serjants Inns, and Eight Inns of Chancery, do altogether (to use Sir Edward Cokes words) make the most famous University, for Profession of Law onely, or of any one Humane Science in the World. Of which, see Mr. Dugdales Origines Juridiciales at large.

Innotescimus, Letters Patent so called, which are always of a Charter of Feofment or some other Instrument, not of Record; and so called from the words in the Conclusion, Innotescimus per presentes. An Innotescimus & Vidimus are all one. See Pages Case, 5 Rep.

Innuendo (from innuo, to beck or nod with the Head, to signifie) a word used in Writs, Declarations, and Pleadings, and the Office of it is onely to declare and ascertain the person or thing, which was named or left doubtful before; as to say, he (Innuendo, the Plaintiff) is a Theif, when as there was mention before of another person. Innuendo may not enlarge the sence of the words, nor make a supply, or alter the Case where the words are defective. Huttons Rep. fol. 44.

Inpeny and Outpeny. In the Register of the Monastery of Cokesford, pag. 25. Thus,—De Inpeny & Outpeny consuetudo talis est in villa de East Rudham de omnibus terris quae infra Burgagium tenentur; viz. Quod ipse, qui vendiderit vel dederit dictam tenuram alicui, dabit pro exitu suo de eadem tenurâ unum dena∣rium, pro ingressu suo. Et si predicti Denarii a retro fuerint, Ballivus domini distringet pro eis∣dem denariis in eadem tenura.—These words and Custom, are also mentioned in the Rolls of a Court there held, about the Feast of the Epi∣phany, Anno 12 Rich. 3. Spelm.

Inquirendo, Is an Authority given to any person to enquire into something for the Kings advantage; in what case it lies. See Reg. of Writs, fol. 72, 85, 124, 265.

Inquisition (Inquisitio) Is a manner of proceeding by way of search or examination, in matters criminal, by the great Enquest be∣fore Justices in Eyre. It is also used in the Kings behalf in Temporal Causes and Profits, in which sence it is confounded with Office. Stanf. Praerog. fol. 51.

Inquifitors (Inquisitores) Are Sheriffs, Coroners, Super visum Corporis, or the like, who have power to enquire in certain Cases. Stat. of Marlbridge, cap. 18. Britton, fol. 4. And in Westm. 1. Enquirors or Inquisitors are included under the name of Ministri. 2 Part. Inst. fol. 211.

Inrolment (Irrotulatio) The Registring, Recording, or Entring any lawful Act in the Rolls of the Chancery, Exchequer, Kings Bench, or Common Pleas, in the Hustings of London, or by the Clerk of the Peace in any County: As a Statute or Recognizance acknowledged, or a Deed of Purchase enrolled. Anno 27 H. 8. cap. 16. See West, par 2. Symb. tit. Fines, sect. 133.

Insidiatores viarum (Way-layers) Are Woods, which by the Stat. 4 Hen. 4. cap. 2. Are not to be put in Indictments, Arraignments, Appeals, &c.

Insimul tenuit, Is one Species of the Writ of Partition. See Formdon.

Insinuation (Anno 21 Hen. 8. cap. 5.) A creeping into a Mans Minde or Favor, covert∣ly. Insinuation of a Will, is (among the Civi∣lians) the first Production of it, or the leaving it Penes Registarium, in order to its Probat.

Inspeximus. Letters Patent so called, and is the same with Exemplification, which begins thus. Rex—Omnibus—Inspeximus irrotula∣mentum quarund. literarum Patent' &c. It is cal∣led Inspeximus, because it begins, after the Kings title, with this word Inspeximus. See Pages Case, 5 Rep.

Instalment (Anno 20 Car. 2. cap. 2.) A Settlement, Establishment, or sure placing in; sometimes it is confounded with Abatement.

Institution (Institutio) Is when the Bishop says to a Clerk, who is presented to a Church-Living, Instituo te Rectorem talis Ecclesiae, cum cura animarum, & accipe curam tuam & meam. Every Rectory consists of a Spiritualty, and a Temporalty; as to the Spiritualty, viz. Cura animarum, he is a compleat Parson by Institu∣tion; but as to the Temporalties, as Gleab∣land, &c. he has no Frank-tenant therein, till Induction. Cokes 4 Rep. Digbies Case. The first beginning of Institutions to Benefices, was in a National Synod held at Westminster by John de Crema, the Popes Legate, Anno 1124. which see in Seldens Hist. of Tythes, pag. 375.

In super (Anno 21 Jac. cap. 2.) Is used by Auditors in their Accounts in the Exchequer; when they say so much remains in super such an

Accoantant, that is, so much is charged upon him, in his account.

Intakers, Were a kind of Theeves in Re∣desdale, and the furthest parts of the North of England, mentioned 9 Hen. 5. ca. 8. So called, because they, dwelling in that liberty, did take in, and receive such booties of Cattel and other things, as their Complices the Outpar∣ters brought in to them, from the borders of Scotland. See Outparters.

Intendment of Law, (Fr. Entendement, intellectus,) the Understanding, Judgment, In∣tention or true meaning of the Law. Regularly Judges ought to judge according to the common Intendment of Law. Coke on Litt. fo. 78.

Inter canem & lupum—Margeria filia Ni∣cholai de Okele appellat Johannem Chose pro rap∣tu & pace Regis fracta die Martis prox, &c. inter canem & lupum. i. In crepusculo, scilicet An∣glice twylight, i. Inter diem & noctem, &c. In∣ter Plac. de Trin. 7 Edw. 1. Rot. 12. Glouc.—In placito de domo combusta maliciose, hora vespertina, scilicet, inter canem & lupum, vene∣runt malefactores, &c. Plac. Cor. apud Novum Castrum 24 Ed. 1. Rot. 6.

Intercommoning, Is, where the Commons of two Mannors lie contiguous, and the Inha∣bitants of both have time out of mind depa∣stured their Cattel promiscuously in each of them.

Interdiction, (Interdictio) Has the same sig∣nification in the Common, as it hath in the Ca∣non Law, which thus defines it: Interdictio est censura Ecclesiastica prohibens administrationem divinorum. And so it is used 22 Hen. 8. ca. 12 & 25. ejusdem, cap. 20.

Interdicted of Water and Fire, Were in old time those, who, for some crime were ba∣nished; which Judgment, though it was not by express sentence pronounced, yet, by giving order, That no man should receive them into his house, but deny them Fire and Water, (the two necessary elements of life) they were con∣demned, as it were to a Civil death; and this was called legitimum exilium. Livie.

Interest, (Interesse) Is vulgarly taken for a term or Chattel real, and more particularly for a future term; in which case it is said in pleading, that he is possessed de interesse termini. But ex vi termini, in legal understanding, it ex∣tends to Estates, Rights and Titles, that a man hath of, in, to, or out of Lands; For, he is tru∣ly said to have an interest in them. Coke on Litt. fo. 345. b.

Interlocutory Order, (Ordo interlocutorius) Is that which non definit controversiam, sed ali∣quid obiter, ad causam pertinens, decernit. As, where an Order is made, by motion in Chance∣ry, in a Sute there depending, for the Plaintiff to have an Injunction, to quiet his possession, till the hearing of the Cause; This, or any such like order, which is not final, is call'd in∣terlocutory.

Interpleder. See Enterpleder.

Intestates, (Intestati,) There are two kinds of Intestates; one that makes no Will at all; another that makes a Will and Executors, and they refuse; in which case he dies quasi intesta∣tus. 2 Part Inst. fol. 397.

Intiertie. See Entierty.

Intrusion, (Intrusio,) Is, when the Ance∣stor dies seiz'd of any Estate of inheritance, ex∣pectant upon an estate for life, and then Tenant for life dies, between whose death and the en∣try of the Heir, a stranger does interpose him∣self and intrude. Coke on Litt. fo. 277. To the same effect is Bracton, lib. 4. ca. 7. Intrusio est ubi quis, cui nullum jus competit in re nec scintil∣la juris, possessionem vacuam ingreditur, &c. See him at large, and Fleta, lib 4. ca. 30. Sect. 1 & 2. Britton, ca. 65. See Abatement, Entru∣sion, and the Stat. 21 Jac. ca. 14.

Intrusione, Is a Writ that lies against the Intruder, Regist. fo. 233.

Invadiationes, Morgages, or Pledges.—Confirmamus eis omnes alias donationes, ven∣ditiones & invadiationes eis rationabiliter factas. Mon. Angl. 1. pa. fo. 478. a.

Inventarie, (Inventarium,) Is a list or re∣pertory, orderly made, of all dead mens goods and Chattels, prized by four credible Men or more, which every Executor or Administrator ought to exhibit to the Ordinary, at such time as he shall appoint. West, Part 1. Symbol. lib. 2. Sect. 696. where likewise you may see the form. This Inventary proceeds from the Civil Law; for, whereas by the ancient Law of the Romans, the Heir was tied to answer all the Te∣stators Debts, by which means Inheritances were prejudicial to many men: Justinian, to en∣courage men the better to take upon them this charitable Office, ordain'd, That, if the Heir would first make and exhibit a true Inventary of all the Testators Substance coming to his hands, he should be no farther charged then to the va∣lue of it. Lib. ult. Cod. de. Jure deliberando.

In ventre sa mere, (Fr.) In the Mothers Belly; Is a Writ mentioned in the Register of Writs, and in Anno 12 Car. 2. ca. 24.

Invest, (from the Fr. Invester,) Signifies to give possession. Investitura proprie dicitur quando hasta vel aliquod corporeum traditur a Do∣mino, sayes the Feudist, lib. 2. tit. 2. We use likewise to admit the Tenant, by delivering him a Verge or Rod into his hands, and mini∣string him an Oath, which is called Investing. Others define it thus, Investitura est alicujus in suum jus introductio, a giving Livery of seisin or possession.

Invoice, (12 Car. 2. ca. 34.) Is a particu∣lar of the value, custom, and charges of any goods sent by a Merchant in another mans Ship, and consign'd to a Factor or correspondent in another Country.

Inure, Signifies to take effect, or be avail∣able; As the pardon inureth—Stamf. Praerog. fo. 40. See Enure.

Jocalia, Jewels.—Edward the First employ'd one Andevar, ad socalia sua impigno∣randa. Claus. 29 Edw. 1.—Praeterea confide∣rantes gratam subventionem quam praefati abbas & Monachi (Rading.) nobis fecerunt de magnis

& praeciosis Jocalibus ac aliis rebus suis in subsi∣dium expensarum & sumptuum, quos circa prae∣sens passagium nostrum versus partes transmarinas, &c. In mem. Scac. de Anno 20 Ed. 3. Trin. Rot. 3.

Jocarius, a Jester. In a Deed of Richard Abbas de Bernayo to Henry Lovet, sine dat. among the witnesses to it, was Willielmo tunc Jo∣cario Domini Abbatis.

Joclet, (Sax.) Praediolum, agri colendi por∣tiuncula: A little Farm or Mannor, in some parts of Kent called a Yoklet, as requiring but a small Yoke of Oxen to till it. Sax. dict.

Jotson. See Jetsen & Flotson.

Joynder, Is the coupling or joyning of two in a Sute or Action against another. Fitz. Nat. Br. fo. 118. and in many other places, as appears in the Index, verbo Joynder.

Joyntenants, (Simul tenentes, or qui con∣junctim tenent,) Are those that come to, and hold Lands or Tenements joyntly by one title pro indiviso, or without partition. Littleton, lib. 3. ca. 3. And, these Joyntenants must joyntly plead, and joyntly be impleaded by others, which property is common between them and Copar∣ceners, but Joyntenants have a sole quality of survivorship, which Coparceners have not. For, if there be two or three Joyntenants, and one has Issue and dies, he or those Joyntenants that survive shall have the whole by survivorship. See Coke on Litt. fo. 180.

Joyning of Issue, (Junctio exitus.) See Issue.

Joynture, (Junctura,) Is a Covenant or Settlement, whereby the Husband, or some other friend in his behalf assureth to his Wife, in respect of Marriage, Lands or Tenements for term of her life or otherwise. It is so cal∣led, either, because it is granted ratione Junct∣urae in matrimonio; or because the Land in Frank-marriage is given joyntly to the Hus∣band and Wife, and after to the heirs of their bodies, whereby the Husband and Wife are made Joyntenants during the Coverture. Coke, lib. 3. Butler and Bakers Case. Ioynture is also used as the abstract of Ioyntenants. Coke, lib. 3. Marq. of Winchesters Case.

Journal, (Fr.) A Diary, or Day-book. Iournals of Parliament are no Records, but Re∣membrances; they are not of necessity, nor have been of long continuance. See Hob. Rep. fo. 109.

Journ-choppers, (Anno 8 Hen. 6. ca. 5.) Were Regraters of Yarn. Whether that we now call Yarn was in those dayes called Iourn, I cannot say; but, choppers in these dayes are well known to be changers; As, to chop and change, is a familiar phrase. See Chop-chirch.

Journy-man, (from the Fr. Iournee. i. A day, or days work) Was properly he, that wrought with another by the day; though now by Statute it be extended to those likewise that covenant to work with another in their Occu∣pation or Trade, by the year. Anno 5 Eliz. ca. 4.

Ire ad largum, To go at large, to escape, to be set at liberty.

Irregularity, (Irregularitas,) Disorder, going out of Rule: In the Canon Law it is ta∣ken for an impediment, which hinders a man from taking Holy Orders; as, if he be base-born, notoriously desamed of any notable Crime, maimed, or much deformed, or has consented to procure anothers death, with divers other.

Irrepleviable, or Irreplevisable. That may not, or ought not by Law to be replevied, or set at large upon Sureties. The Distress shall remain irrepleviable. Anno 13 Ed. 1. ca. 2.

Isinglas, (Gluten piscium,) Is a kind of Fish∣glue, or Fish-gum, brought from Iseland and those parts, and is used in Medicines, and, by some, in the adulteration of Wines, in which last use it is prohibited by Stat. 12 Car. 2. ca. 25.

Issue, (Exitus,) Hath divers applications; sometime being used for the Children begot∣ten between a Man and his Wife; sometime for Profits growing from Amercements or Fines; sometimes for Profits of Lands or Tenements, (Westm. 2. An. 13 Ed. 1. ca. 39.) Sometime for that point of matter depending in Suite, whereon the parties joyn, and put their Cause to the Trial of the Jury. And, in all these, it has but one signification, which is an effect of a Cause preceding; as Children are the effect of the Marriage; the Profits growing to the King or Lord from the punishment of any mans Of∣fence, is the effect of his Transgression; the point referr'd to 12 Men is the effect of plead∣ing or process. Issue, in this last signification, is either general, or special.

General Issue seems to be that, whereby it is referr'd to the Jury to bring in their Verdict, whether the Defendant have done any such thing as the Plaintiff lays to his charge: For exam∣ple, if it be an Offence against any Statute, and the Defendant plead not culpable, this being put to the Jury, is called the General Issue; See Doctor and Student, fo. 158. b. The Special Is∣sue then must be that, where special matter being alledged by the Defendant, for his defence, both parties joyn thereupon, and so grow either to a demurrer, if it be quaestio juris, or to a Trial by the Jury, if it be quaestio facti. An. 4 Hen. 8. ca. 3. See the New Book of Entries, verbo Issue, and 18 Eliz. ca. 12.

Itinerant, (Itinerans, i. That takes a jour∣ney,) Those were anciently called Iustices iti∣nerant, who were sent with Commission into di∣vers Counties, to hear such causes specially as were termed Pleas of the Crown. See Iustices in Eyre.

Judaism, (Iudaismus,) The Custom, Reli∣gion or Rites of the Iews: This word was of∣ten used by way of exception, in old Deeds; as Sciant—Quod ego Rogerus de Morice dedi—Willielmo Harding pro tribus marcis argenti—unum croftum—Habend de me & heredibus meis sibi & haeredibus ejus vel ejus assignatis & eo∣rum heredibus cuicunque, quocunque vel quando∣cunque dictum Croftum dare, vendere, legare, in∣vadiare, vel aliquo modo assignare voluerint in

quocunque statu fuerint, libere, quiete, integre, bene & in pace, excepta Religione & Judaismo, &c. Sine dat. The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament, the King had a Fifteenth granted him Pro expulsione Iu∣daeorum.

Iudaismus, was also anciently used for a Morgage.—Pro hac autem donatione dede∣runt mihi dicti Abbas & Canonici sex Marcas Sterl. ad acquietandam terram praedictam de Judaismo, in quo fuit impignorata per Rob. fra∣trem meum, &c. Ex magno Rot. Pipae, de Anno 9 Edw. 2.

Judgment (Iudicium, quasi juris dictum) The very voice of Law and Right, and there∣fore Iudicium semper pro veritate accipitur: The ancient words of Iudgment are very signi∣ficant, Consideratum est, &c. because Iudgment is ever given by the Court upon consideration had of the Record before them; and in every Judgment there ought to be three persons Actor, Reus & Iudex. Of Iudgments, some are final and some not final, &c. See Coke on Littl. fol. 39. a.

Judicium Dei, The Judgment of God; so our Ancestors called those now probibited Tryals of Ordael, and its several kindes. Si se super defendere non posset Judicio Dei, scil. Aquâ vel ferro, fieret de eo justitia. LL. Divi Edw. Confess. cap. 16. See Spelm. Gloss. on this word.

Judgment or Tryal by the Holy Cross (long since disused) See Cressy's Church-History, fol. 960.

Jugum terrae, In Domesday, contains half a P o〈…〉〈…〉and.

Jun〈…〉〈…〉ia (from juncus) A Soil where Rushes grow. Coke on Littl. fol. 5.—Cum Piscariis, Turbariis, Juncariis, & communibus Pasturis, ad Messuagium praedictum pertin. Pat. 6 Edw. 3. pa. 1. m. 25.

Jura Regalia. See Regalia.

Jurats (Iurati, Anno 2 & 3 Edw. 6. cap. 30.) As the Major and Iurats of Maidstone, Rye, Winchelsey, Tenterdon, &c. are in the na∣ture of Aldermen for Government of their se∣veral Corporations; and the name is taken from the French, where (among others) there are Major & Iurati Suessenses, &c. Vide Chop∣pin. Doman. Fran. lib. 3. Tit. 20. sect. 11. p. 530. So Iersey hath a Bailiff, and Twelve Iurats, or sworn Assistants to govern the Island. Cam. Rome∣ne•• Marsh is incorporate of one Bailiff, xxiiii Iurats, and the Commonalty thereof, by Char∣ter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist. of Imbanking and Draining, fol. 34. b.

Jury (Iurata, from Iurare to swear) Sig∣nifies Twenty four or twelve Men sworn to in∣quire of the matter of Fact, and declare the Truth upon such Evidence as shall be delivered them, touching the matter in question; of which Iury who may, and who may not be im∣paneld, see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England; one by Battel, the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5, 6, 7. who adds a third, by Parliament. The Tryal by Assise (be the Action Civil or Criminal, Publick of Private, Personal or Real) is referred for the Fact to a Iury; and as they finde it, so passeth the Judgment; which by Bracton (lib. 2. cap. 7.) is called Regale beneficium, &c. This Iury is not onely used in Circuits of Justices, but in other Courts, and Matters of Office; as if the Coroner enquire how a subject, found dead, came to his end, he useth an Enquest; the Justices of Peace in their Quarter Sessions; the Sheriff in his County and Turn; the Bailiff of a Hundred; the Steward of a Court Leet, or Court Baron, if they enquire of any of∣fence, or decide any Cause between party and party, do it by the same manner. So that where it is said, all things are tryable by Battel or Assise: Assise in this place, is taken for a Iury, or Enquest, empanelled upon any Cause in a Court where this kinde of Tryal is used. This Iury, though it pertain to most Courts of the Common Law, yet is it most notorious in the half-yearly Courts of the Justices Itinerants, or of the Great Assises, and in the Quarter Sessi∣ons, where it is usually called a Iury; and that in Civil Causes; whereas in other Courts it is oftener termed an Enquest, and in the Court Baron, a Iury of the Homage. In the General Assise, there are usually many Iuries, because there are many Causes, both Civil and Criminal, commonly to be tryed, whereof one is called the Grand Iury, or Great Enquest, and the rest Petit Iuries, whereof it seems there should be one for every Hundred. Lamb. Eiren. lib. 4. cap. 3. pag. 384.

The Grand Iury consists ordinarily of Twen∣ty four grave and substantial Gentlemen, or some of them of the better sort of Yeomen, chosen indifferently out of the whole County by the Sheriff, to consider of all Bills of In∣dictment preferred to the Court, which they do either approve, by writing upon them Billa Vera, or disallow, by writing Ignoramus; such as they approve, or finde, as they term it, if they touch life and death, are farther referred to another Iury to be considered of; because the Case is of such importance; but others of less moment in Trespass, or for misdemeanors, are, upon their allowance, without more ado, fined by the Bench, except the party Traverse the Indictment, or challenge it for insufficien∣cy; or remove the Cause to a higher Court by Certiorari; in which two former Cases it is re∣ferred to another Iury, and in the later, trans∣mitted to the higher Court. Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest, a Man is said to be indicted; such as they disallow, are de∣livered to the Bench, by whom they are forth∣with cancelled.

The Petit Jury in Criminal Causes, consists of Twelve Men, at least, and being impanel∣led, do bring in their Verdict, either guilty, or not guilty; whereupon, the Prisoner, if he be found guilty, is said to be Convict, and ac∣cordingly afterward receives his Judgment, and

Condemnation, or otherwise is acquitted. Those that pass upon Civil Causes real, are so many, as can conveniently be had, of the same Hundred, where the Land or Tenement in question lies, or four, at the least: And they, upon due examination of the Matter, bring in their Verdict, either for the Demandant or Tenant. Of this, see Fortescu, cap. 25, 26, 27. According to which, Judgment passeth after∣wards in the Court, where the Cause first began; and the reason hereof is, because these Justices of Assise are in this Case, for the ease of the Countrey; onely to take the Verdict of the Jury, by vertue of the Writ called Nisi Prius, and so return it to the Court, where the Cause is depending. See Nisi Prius, and Enquest.

Juridical Days (Dies Juridici) Days on which the Law is administred, days in Court. See Dies.

Juris utrum, Is a Writ, which lies for the Incumbent, whose Predecessor hath aliena∣ted his Lands or Tenements; the divers uses whereof, see in Fitz. Nat. Br. fol. 48.

Jurisdiction (Jurisdictio) Is an Authority or Power, which a Man hath to do justice in Causes of Complaint made before him: Of which, there are two kindes; the one, which a Man hath by reason of his Fee, and by vertue thereof, does right in all Plaints concerning the Lands of his Fee; the other is a Jurisdicti∣on given by the Prince to a Bailiff. Which Di∣vision I have in the Custumary of Normandy, cap. 2. which is not unapt for the practise of our Commonwealth, for by him whom they call a Bailiff, we may understand all that have Com∣mission from the Prince, to give Judgment in any Cause. See Sir Edw. Cokes Pr••••mium to his 4 Inst.

Jus Coronae (the Right of the Crown) Is part of the Law of England, and differs in many things from the General Law, concerning the Subject. Vid. Coke on Littl. fol. 15. b.

Jus Curialitatis Angliae. See Curtesie of England.

Jus Patronatus, Is the Right of present∣ing a Clerk to a Benefice. See the New Book of Entries, verbo, Jure Patronatus in Quare impe∣dit, fol. 465. col. 3.

Justes (Fr. Jouste, i. Decursus) Were contentions between Martial-men, and Persons of Honor, with Spears on Hors-back, by way of exercise. Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint, quod non Torneant, Bor∣deant, Adventuras Querant, Justus faciant seu ad arma presumant fine Licentia Regis. Pas. 29 Edw. 1. Essex 101.

Justice (Justiciarius) Signifies him that is deputed by the King to administer justice, and do right by way of Judgment: The reason why he is called Justice, and not Judex, is; because, in ancient time, the Latin word for him was Justicia, and not Justiciarius, as ap∣pears by Glanvil, lib. 2. cap. 6. and Hoveden, fol. 413. a•• Secondly, Because they have their Authority by deputation, as Delegates to the King, and not Jure Magistratus; and there∣fore cannot depute others in their stead; the Justice of the Forest onely excepted, who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor, Marshal, Admiral, and such like are not called Justici∣arii, but Judices. Of these Justices we have divers sorts in England, the manner of their Creation with other Appurtenances read in Fortescu, cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers.

Cheif Justice of the Kings Bench (Ca∣pitalis Justicia vel Iusticiarius Banci Regii) Hath the Title of Lord, whilest he enjoys his Office, and is called Capitalis Iusticiarius, be∣cause he is the cheif of the rest. His Office is specially to hear, and determine all Pleas of the Crown, that is, such as concern offences, committed against the Crown, Dignity, and Peace of the King, as Treasons, Felonies, May∣hems, and such like, which you may see in Bracton, lib. 3. tract. 2. per totum. And in Stanf. Pleas of the Crown. He also, with his assist∣ants, hears all Personal Actions, incident to his Jurisdiction. See Sir Edw. Cokes 4 Inst. fol. 74. who says, The Cheif Iustice of this Court was anciently created by Letters Patent, but now by Writ, in this form.

—Rex, &c. I. K. militi salutem. Sciatis quod constituimus vos Justiciarium nostrum Ca∣pitalem, ad Placita coram nobis tenenda, durante bene placito nostro. Teste, &c.

Of the ancient Dignity of this Cheif Iustice, thus. Liber niger siscalis, cap. 4. In Scaccario residet, im•• & praesidet, primus in regno, Capi∣talis, scilicet, Justicia. In the time of King Iohn, and others of our ancient Kings, it often occurs in Charters of Priviledges, Quod non ponatur respondere, nisi coram nobis vel Capitali Justicia nostra. The Oath of the Iustices see in the Stat. 18 Edw. 3. stat. 4. And in Origines Iuridiciales, a Catalogue of all the Lord Cheif Iustices of England. See Kings Bench.

Cheif Justice of the Common Pleas, Hath also the Title of Lord, whilest he enjoys his Office, and is called Dominus Iusticiarius Communium Placitorum, who, with his Assistants, did originally, and do yet hear and determine all Causes at the Common Law, that is, all Civil Causes, as well personal as real, between common persons; wherefore it was called The Court of Common Pleas, in distinction from The Pleas of the Crown, or the Kings Pleas, which are special and appertaining to him onely. This Court was appointed to be in a setled place, and not as other Courts, to follow or attend the Kings Court or Palace, as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction, see 4 Inst. fol. 99. The Iustices Oath, see 18 Edw. 3. stat. 4.

Justice of the Forest (Iusticiarius Forestae) Is also a Lord by his Office, and hath the hearing and determining all offences within the Forest, committed against Venison or Vert; of these

there are two, whereof the one hath Juris∣diction over all the Foresta on this side Trent, the other over all beyond. The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter, called Charta de Foresta, made 9 Hen. 3. See Cam. Britan. pag. 214. The Court, where this Iustice sits, is called the Iustice Seat of the Forest, held once every three years. See Manwood, par. 1. pag. 121. & 154. He is also called Iustice in Eyre of the Forest. This is the onely Iustice that may appoint a De∣puty by Stat. 32 Hen. 8. cap. 35.

Justice of Assise (Iusticiarii ad capiendas Assisas) Are such as were wont by special Commission to be sent (as occasion was offered) into this or that County to take Assises, for the ease of the people. And it seemes the Iustices of the Common Pleas had no power to take Assises, until the Statute of 8 Rich. 2. cap. 2. for by that, they are enabled thereto, and to deliver Goals. And the Iustices of the Kings Bench have by that Statute such power affirmed unto them, as they had One hundred years before. Of later years it is come to pass, that these Commissions, Ad capiendas Assisas, are executed in the Lent; and long Vacation, when the Iustices and Lawyers are most at lea∣sure to attend them. Hence the matters, ac∣customed to be heard by more general Commis∣sion of Iustices in Eyre, are heard all at one time, with the Assises, which was not so of old, as appears by Bracton, lib. 3. cap. 7. num. 2. Yet no Iustice of either Bench, nor any other, may be Iustice of Assise in his own Countrey. Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these, who are in one word called Iustices of Assise, and twice every year go the circuit by two and two through all England, have one Commission to take Assises, another to deliver Goals, another of Oyer and Terminer, &c. See Assise and Cromp. Iuris. fol. 210. That Iustices of Assise, and Iustices in Eyre, did anciently differ, appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise, and Iustices of Goal De∣livery, were divers, is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise, is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes, titulo, Sacramentum Iusticiariorum.

Justices of Oyer and Terminer (Justi∣ciarii ad audiendum & terminandum) were Justices, Deputed upon some special or extra∣ordinary occasion, to hear and determine some particular Causes. Fitz. (in his Nat. Br.) saith, The Commission of Oyer and Terminer is direct∣ed to certain persons, upon any Insurrection, heinous Demeanor or Trespass committed. And, because the occasion of granting this Commis∣sion should be maturely weighed, it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted, but that they shall be dispatched before the Iustices of the one Bench, or the other, or Iustices Errants, except for horrible Trespasses, and that by special favor of the King. The Form of this Commission, see in Fitz. Nat. Br. fol. 110.

Justices in Eyre (Justiciarii itinerantes, alias Errantes, alias Perlustrantes) are so termed of the old French word Erre, i. iter; as a grand Erre, i. magnis itineribus, proverbial∣ly spoken. These, in ancient time, were sent with Commission into divers Counties, to hear such Causes specially, as were termed the Pleas of the Crown; and that for the ease of the Subject, who must else have been hurried to the Courts at Westminster, according to their several Jurisdictions.; if the Cause were too high for the County Court. These Justices (ac∣cording to Gwin, in his Preface to his Reading) were anciently sent but once in seven years, with whom Horn (in his Mirror of Justices) seemes to agree, Lib. 2. cap. Queux point estre actors, &c. And Lib. 3. cap. De Justices in Eyre, where he also declares what belonged to their Office; but that they were sent oftner, see Orig. Iuridiciales. They were instituted by Henry the Second. Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day; although for Authority and manner of proceeding, far different. Coke on Littl. fol. 293. b.

Justices of Goal Delivery (Iusticiarii ad Goalas deliberanda••) Are such as are sent with Commission, to hear and determine all Causes appertaining to those, who for any offence, are cast into the Goal; part of whose authority is to punish such, as let to Mainprise those Pri∣soners, who by Law are not bailable, Fitz. Nat. Br. fol. 151. These probably, in ancient time, were sent into the Counties upon this several occasion: But afterwards Iustices of Assise had this in Commission also. Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench.

Justice of the Hundred (Iusticiarius Hun∣dredi) Erat ipse Hundredi Dominus, qui & Centurio & Centenarius Hundredique Alderman∣nus appellatus est. Praeerat omnibus Hundredi Friborgis, cognovitque de causis majusculis, quae in eisdem finiri non potuerunt. Spelm.

Justicements (from Iustitia) All things be∣longing to Justice. Coke on Westm. 1. fol. 225.

Justices of Laborers, Were Iustices ap∣pointed, in former times, to redress the fro∣wardness of Laboring men, who would either be idle or have unreasonable wages. Anno 21 Edw. 3. cap. 1.—25 Ejusdem; cap. 8. And 31 Ejusdem, cap. 6.

Justices of Nisi Prius, Are now all one with Iustices of Assises: For it is a common Adjournment of a Cause in the Common Pleas, to put it off to such a day, Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas. Up∣on which Clause of Adjournment, they are cal∣led Iustices of Nisi Prius, as well as Iustices of Assises, by reason of the Writ or Action they have to deal in. Their Commission you may see in Cromp. Iuris. fol. 204. Yet he makes this difference between them, because Iustices of Assise have power to give Judgment in a Cause, and Iustices of Nisi Prius onely to take the

Verdict. But in the nature of both their Fun∣ctions, this seems to be the greatest difference, that Iustices of Nisi Prius have Jurisdiction in Causes Personal, as well as Real; whereas Iustices of Assise, in strict acception, deal onely in the Possessory Writs, called Assises. Cowel.

Justices of Trail-baston, Were Justices appointed by King Edward the First, Anno 1305. upon occasion of great disorders in the Realm, during his absence in the Scotish and French Wars: They were so called, accord∣ing to Holinshed, of trailing or drawing the Staff of Justice, or for their summary proceed∣ing, according to Coke, 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre, and their Authority founded on the Statute of Ragman. What their Office was, take from a coetaneous Author.—Circa haec tempora pro∣cessit in publicum novae inquisitionis breve, quod anglicè dicitur Trail-baston, contra Intrusores, Conductitios hominum vapulatores, conductitios seisinae captores, pacis infractores, raptores, in∣cendiarios, murduratores, pugnatores. Multi hoc perempti, multi redempti, multi noxii, pauci in∣noxii sunt inventi. Adeo quidem rigidè processit huju•• ••••ertionis justitia, quod pater proprio filio non parceret, &c. dira multa. Hist. Roffens, fol. 200. de Anno 1305. By means of which Inqui∣sitions, many were punished by Death, many by Ransom, many fled the Realm, which was there••y quieted, and the King gained great riches towards the support of his Wars. See Matth. Westm. in Anno 1305. We finde also a Commission of Trail-baston coram Rogero de Grey & Sociis suis Justic. apud St. Albanum. Anno Regni Regis Edw. tertii post Conquestum 5. See Spelm. Gloss. verbo, Trail-baston.

Justices of the Pavilion (Justiciarii Pa∣vilonis) Are certain Judges of a Pyepowder Court, of a most transcendent Jurisdiction, anciently authorised by the Bishop of Winchester at a Fair held on S. Giles Hill near that City, by vertue of Letters Patent granted by Edward the Fourth.—Episcopos Wynton & successo∣res suos, a tempore quo, &c. Justiciarios suos, qui vocantur Justiciarii Pavilonis, cognitiones pla∣citorum & aliorum negotiorum eadem Feri•• Du∣rante, nec non claves partarum & custodiam prae∣dictae Civitatis nostrae Wynton. pro certo tempore Feriae illius, & nonnullas alias libertates, immu∣nitates & consuetudines habuisse, &c. See the Pa∣tent at large in Prynnes Animad. on 4 Inst. fol. 191.

Justices of the Peace (Justiciarii ad pa∣cem) Are those, who are appointed by the Kings Commission to attend the Peace of the County where they dwell; of whom some, for special respect, are made of the Quorum, be∣cause some business of importance may not be dispatched without the presence or assent of them, or one of them. See Quorum. The Office and Power of these, is various and ground∣ed upon several Statutes, too long to recite. They were called Guardians of the Peace, till the Thirty sixth year of Edward the Third, cap. 12. where they are called Justices. Lamb. Eiren. lib. 4. cap. 19. pag. 578. See Shepherds Sure Guide for I. of Peace.

Justices of Peace, Within Liberties (Ju∣sticiarii ad pacem infra Libertates) Are such in Cities, and other Corporate Towns, as those others of the Counties; and their Authority or power is all one within their several Precincts. Anno 27 Hen. 8. cap. 25.

Justiciar (Fr. Justicier) A Justice or Justi∣cer. The Lord Bermingham, Justiciar of Ireland. Baker, fol. 118.

Justicies, Is a Writ, directed to the She∣riff, for the dispatch of Justice, in some spe∣cial Cases in his County Court, of which, by his ordinary power he cannot hold Plea there. Fitz. Nat. Br. fol. 117. Kitchin, fol. 74. says, That by this Writ the Sheriff may hold Plea of a great sum, whereas of his ordinary authority he cannot hold Pleas, but of sums under Forty shillings, with whom Crompton agrees, fol. 231. It is called a Justicies, because it is a Commissi∣on to the Sheriff Ad justiciandum aliquem, to do a Man justice or right, and requires no Re∣turn or Certificate of what he hath done. Bracton, lib. 4. tract. 6. cap. 13. num. 2. makes mention of a Iusticies to the Sheriff of London, in a case of Dower. See the New Book of En∣tries, verbo, Iusticies.

Justification (Iustificatio) Is a maintaining or shewing a good reason in Court, why one did such a thing, which he is called to answer. As to justifie in a cause of Replevin. Broke, tit. Replevin.

Justificators (Iustificatores) Will. Rex An∣gliae H. Camerario & Justificatoribus suis, omnibus suis fidelibus Norf. salutem. Inquirite per Comita∣tum quis justiùs hujusmodi forisfacturam haberet tempore Patris mei, five Abbas Ramesiae five antecessor W. de Albenio. Et si Comitatus con∣cordaverit quod Abbas rectius praedictam foris∣facturam debet habere, tunc praecipio ut C. solidi quos Radul. Passel. implacitavit, sine mora Abbati reddantur. T. Episcopo Dunelmensi. Sir Henry Spelman leaves it thus without explica∣tion. Iustificators seem to signifie Compurgators, or those that by Oath justifie the Innocency, Report or Oath of another, as in the case of Waging Law; also Jury-men; because they justifie that party, on whose behalf they give their Verdict.

K.

KAlender-Moneth (Mentioned in the Stat. 16 Car. 2. cap. 7.) Consists of Thirty or thirty one days, according to the Kalender. A Twelve-moneth in the singular number, in∣cludes all the year; but Twelve-moneths shall be computed according to Twenty eight days to every Moneth. See Coke, lib. 6. fol. 61. b. Cates∣bies Case, and see Computation.

Kantref, (Brit.) In Wales it signifies a Hundred Villages—Le premer Conquereur des treis Kantrefs de la tere de Breckenoch, estoit Bernard de Nefmarche, Norman. Mon. Angl. 1. pa. fol. 319. b. See Cantred.

Karle (Sax.) A Man; and sometimes a Servant or a Clown. Hence the Saxons called a Seaman, a Buscarle, and a Domestick Ser∣vant, Huscarle. This word is often found in Domesday, Seldens Mare Clausum, and other ancient Records; from hence, by corruption, comes our modern word Churle.

Karrata faeni (Mon. Angl. 1. par. fol. 548. b.) A Cart load of Hay. See Carecta.

Kay (Kaia & Caya, Sax. caeg) Area in littore onerandarum atque exonerandarum navium causa, e compactis tabulis trabibusque (clavium instar) firmata. A Wharf to Land, or Ship Goods or Wares at. The Verb Caiare in old Writers, signifies (according to Scaliger) to keep in, or restrain; and so is the Earth or Ground where Kays are made, with Planks and Posts.

Kayage (Kaiagium) Portorium quod Kaiae nomine, exigit Telonarius. The Money or Toll paid for Loading or Unloading Wares at a Kay or Wharf. Rot. Pat. 1 Edw. 3. m. 10. and 20 Edw. 3. m 1.

Kedel (Anno 12 Edw. 4. cap. 7.) See Kid∣dle.

Kéeper of the Great Seal (Custos magni Sigilli) Is a Lord by his Office, stiled Lord Keeper of the Great Seal of England, and is of the Kings Privy Council, through whose hands pass all Charters, Commissions, and Grants of the King, under the Great Seal. Without which Seal, many of those Grants and Com∣missions, as to divers particulars, are of no force in Law; the Kings Great Seal being as the Publick Faith of the Kingdom, in the high esteem and reputation, justly belonging and at∣tributed thereunto. This Lord Keeper by the Statute 5 Eliz. cap. 18. hath the same Place, Authority, Preheminence, Jurisdiction, Exe∣cution of Laws, and all other Commodities and Advantages as the Lord Chancellor of Eng∣land hath. Both these great Officers cannot properly be at the same time, since the said Statute, but before they might. Yet Sir Francis Bacon was made Lord Keeper, 7 Martii, 1616. The Lord Chancellor Egerton then living, but died the next day. He is made Lord Keeper of the Great Seal, Per Traditionem Magni Si∣gilli sibi per Dominum Regem, and by taking his Oath. 4 Inst. fol. 87.

Kéepers of the Liberties of England, by Authority of Parliament. See Custodes Li∣bertatis.

Kéeper of the Privy Seal (Custos privati Sigilli) Is a Lord by his Office, through whose hands pass all Charters signed by the King, be∣fore they come to the Great Seal, and some things which do not pass the Great Seal at all. He is also of the Kings Privy Council, and was anciently called Clerk of the Privy Seal. Anno 12 Rich. 2. cap. 11. Gardien del Privy Seal. In Rot. Parl. 11 Hen. 4. num. 28. And Lord Privy Seal. Anno 34 Hen. 8. cap. 4.

Kéeper of the Touch (Anno 12 Hen. 6. cap. 14.) Seems to be that Officer in the Kings Mint, which at this day is called Master of the Assay. See Mint.

Kéeper of the Forest, (Custos Forestae) Is also called Cheif Warden of the Forest, and hath the principal Government of all things, and the check of all Officers, thereto belonging: And the Lord Cheif Justice in Eyre of the Forest, when it plea∣seth him to keep his Iustice Seat, sends out his ge∣neral Summons to him forty days before, to warn all under Officers to appear before him, at a day assigned in the Summons. Manw. par. 1. p. 156, &c.

Kennets, A sort of course Welsh Cloth, mentioned Anno 33 Hen. 8. cap. 3.

Kernes, Idle persons, Vagabonds.—Nec non de illis qui dicuntur homines ociosi, & male∣factoribus, qui etiam Kernys dicuntur. Ord. Hibern. 31 Edw. 3. m. 11, 12.

Kernellatus.—Et Dux (sc. Lanc.) di∣cit, quod ipse clamat pro se & haeredibus suis ha∣bere Castrum suum de Halton, Kernellatum. Pl. de quo Warr. apud Cestriam, 31 Edw. 3. Fortified or Embattelled.

Keyles or Kéeles (Cyuli or Ciules) A kinde of Long Boats of great Antiquity, mentioned Anno 23 Hen. 8. cap. 18. Longae Naves quibus Britanniam primò ingressi sunt Saxones. Spel.

Kidder (Anno 5 Eliz. cap. 12.)—Every person being a Common Badger, Kidder, Lader, or Carrier.—Says the Statute; whereby it seems to signifie one, that Badges or carries Corn, Dead Victual, or other Mer∣chandise up and down to sell; called also Kyd∣diers, Anno 13 Eliz. cap. 25.

Kiddle, Kidel, or Kedel (Kidellus) A Dam, or open Wear in a River, with a loop or nar∣row cut in it, accommodated for the laying of Weels, or other Engins to catch Fish. 2 Part. of Cokes Instit. Angustias, machinas sive in∣genia in fluminibus posita ad Salmones, aliosque pisces intercipiendos. Some Fishermen corrupt∣ly call them Kettles. The word is ancient, for in Magna Charta, cap. 24. we read thus—Omnes Kidelli deponantur de caetero penitus per Thamesi∣am & Medeweyam & per totam Angliam, nisi per costeram Maris. And in a Charter made by King Iohn, power was granted to the City of Lon∣don, De Kidellis amovendis per Thamesiam & Medeweyam. Anno 1 Hen. 4. cap. 12. It was accorded (inter alia) That a Survey should be made of the Wears, Mills, Stanks, Stakes, and Kidels in the great Rivers of England. Inq. capt. apud Derb. 15 Nov. 1 Eliz. post mor∣tem Tho. Fyndern, &c.—Et fuit s••isitus de uno Kidello vocat. a Were, ac de libera piscaria in Potlok. Esc. Bundello. 3.

Kilketh, Was an ancient servile kind of payment; For, in an old Manuscript I find Kilketh pro qualibet husbandrea 2 denar.

King of Heralds, (Rex Heraldorum,) Is a chief Officer at Armes that hath the prehemi∣nence of the Society; Among the Romans he was called Pater patratus. See Herald.

King of the Minstrels, at Tutbury in Com. Staff. his power and priviledge appears in the following Charter.

JOhan par le grace de Dieu, Roy de Castile & de Leon Duke de Lancastre a touts ceux, que cestes nos letres verront ou orront saluz. Saches nous avoir ordonez constitut & assignez nostre bien ame le Roy des Ministraulx deins nostre Honeur de Tuttebury quore est, ou qui pur le temps serra, pur prendre & arrester touts les Ministralx deins meisme nostre Honour & Franchise; queux refu∣sont de faire lour services & Ministralcie as eux appurtenants, a faire de ancient temps a Tutte∣bury suisdit annuelment les jours del Assumption de nostre dame. Donants & grantants au dit Roy des Ministralx pur le temps estant pl••in poier & mandement de les fair resonablement justifier & constrener de fair lour services & Ministral∣cies en maner come appeint, & come illonques ad este use & de ancient temps accustome. En testi∣moigniance de quel chose nous avons fait faire ce∣stes nos letres patents, don souz nostre privie Seal a nostre Castel de Tuttebury le xxii jour de Au∣gust le an de regne nostre tresdulces le Roy Ri∣chard Second, quart. Confirmed by Hen. 6. 22. Febr. 21 Regni.

Item est ibidem quaedam Consuetudo quod Histriones, venientes ad matutinds in festo As∣sumptionis Beatae Mariae, habebunt unum Tau∣rum de Priore de Tuttebury, si ipsum capere pos∣sunt citra aquam done propinquiorem Tuttebury, vel Prior dabit eis xl d. pro qua quidem Consuetu∣dine dabuntur Domino ad dictum Festum annua∣tim xx d. Mon. Angl. 1 Par. fo. 355. b. See Minstrels.

Kings-Bench, (Bancus Regius, from the Sax. Banca, a Bench or Form) Is the Court or Judgment Seat, where the King of England was sometimes wont to sit in his own person, and was therefore moveable with the Court or Kings houshold, and called Curia Domini Regis, or Aula Regis; wherein, and in the Exchequer (which were the only Courts of the King till Henry the Thirds dayes) were handled all mat∣ters of Justice, as well civil as criminal. This Court was wont, in ancient times, to be especi∣ally exercised in all criminal matters and Pleas of the Crown, leaving private Contracts and Civil actions to the Common-Pleas and other Courts. Glanvil, lib. 1. ca. 2, 3, &c. Smith de Repub. Angl. lib. 2. ca. 11. See Cokes 4 Inst. fo. 70.

Kings silver, Is that Money which is due to the King in the Court of Common-pleas, pro licentia concordandi, in respect of a Licence there granted to any man for levying a Fine, Coke Vol. 6. fol 39. a & 43. b.

Kings Swanheard, (Magister deductus Cignorum,) Pat. 16 R. 2. pars 1. m. 38.—Radulphum Scot, Custodem Cignorem nostro∣rum, five per alium quemcunque qui pro tempore Custos cignorum nostrorum praedictorum fuerit. No Fowl can be a stray but a Swan. 4 Inst. fo. 280.

Kintal, (Span. Quintal,) Is a kind of weight, most commonly of one hundred pounds, or something under or over, according to the divers uses of sundry Nations; Plowden, fol. 3. in the Case of Renynger and Fogassa, mentions 2000 Kintals of Woad.

Kirk••ys-Quest, Is an ancient Record re∣maining with the Remembrancer of the Exche∣quer, the meaning and etmology whereof will appear by what follows. Md. quod Anno Dom. 1277, Anno Regni Regis Edwardi filii Re∣gis Henrici quinto, misit idem Rex per totam An∣gliam Ballivos inquirere sub juramento & in se∣creto de universis terris Angliae per Johannem de Kirkby Thesaurarium suum, quisquis teneret & cujus feodi, & quantum, & cujus Regis tempore feoffati essent. Ex Registro Glaston. Caenobii penes Rad. Sheldon Ar. fo. 71. b.

Knave, (Sax. Cnawa,) Is used for a Man∣servant, Anno 14 Edw. 3. Stat. 1. ca. 3. It did anciently signifie a Child; also a Minister or Servant. Matth. 8. 6. Puer meus jacet in domo paralyticus, was, in the Saxon Translati∣on, turned myn knawa.—Hence seyld kna∣wa, pro, Armigero, quasi scuti famulus seu mi∣nister; he that bore the Weapon or Shield of his Superior. It was sometimes of old used as a titular addition.—Johannes filius Willielmi Couper de Denby Knave, ad satisfaciendum Re∣gi de omni eo quod ad Regem pertinet, occasione cujusdam Utlagariae in ipsum in placito transgres∣sionis ad sectam Regis promulgata. Original. de anno 22 Hen. 7. 36 Derby.

Knight, (Sax Cnyt. Miles, Chivalier, or Eques auratus, from his gilt Spurs usually worn, and thence called anciently Knights of the Spur. Signifies one that bears Arms, who, for his ver∣tue, and Marshal prowess, is by the King, or one having his Authority, exalted above the rank of Gentlemen to a higher account or step of dignity. The manner of making them Cam. in his Britan. thus shortly expresseth. Nostris vero temporibus, qui Equestrem dignitatem susci∣pit, flexis genibus leviter in humero percutitur, Princeps his verbis Gallice affatur; Sus vel sois Chevalier au nom de Dieu. i. Surge aut fis Eques in nomine Dei. This is meant of Knight-Bachelers, which is the lowest but most ancient degree of Knighthood with us. By the Stat. 1 Edw. 2. ca. 1. All Gentlemen having a full Knights Fee, and holding their Land by Knights Service, might be compelled by distress to pro∣cure himself to be made Knight, when he came to Mans Estate. But, by the Statute 17 Car. 1. ca. 20. it is ordained, that no man shall be com∣pelled to take the Order of Knighthood, &c. The priviledge belonging to a Knight see in Ferns Glory of Generosity, p. 116. Of Knights there are two sorts, one Spiritual, so called by Divine, in regard of their Spiritual Warfare; the other Temporal, Cassanaeus de gloria mundi, Part 9. Considerat. 2. See Seldons Titles of Ho∣nor, fo. 770.

Knights of the Garter, (Equites Garterii, or Periscelidis,) Arc an Order of Knights, cre∣ated by Edward the Third, after he had obtain∣ed

many notable Victories, who, for furnishing this honorable Order, made choice in his own Realm, and all Christendom, of 25 the most excellent and renowned persons for vertue and honour; Himself and His Successors, Kings of England, were ordained to be the Soveraigns, and the rest Fellowes and Brethren of this Order. Smith de Repub. Angl. lib. 1. ca. 20. The Officers be∣longing to it, are, The Prelate of the Garter, (which is alwayes the Bishop of Winchester:) The Chancelor of the Garter; the Register, who is alwayes Dean of Windsor; The Principal King at Armes called Garter, whose chief functi∣on is to manage their Solemnities at their Feasts and Installations; Lastly, the Usher of the Gar∣ter, being the Usher of the Black Rod. This most honourable Society is a Colledge or Cor∣poration, having a great Seal belonging to it. See Garter.

Knights Baneret. See Baneret. John Coupe∣land, (for his valiant service against the Scots) had the honour of Baneret conferred on him and his Heirs for ever, by Patent, 29 Edw. 3. part 1. m. 2.

Knights of the Bath, See the Antiquity and Ceremony of their Creation in Mr. Dug∣dales Description of Worcestershire, fo. 531, 532. They are so called from their Bathing the night before their Creation; Their place is before Knights Batchelors, and after Baronets.

Knights of St. John of Hierusalem, (Mi∣lites Sancti Johannis Hierosol••mitani,) Had be∣ginning about the year 1119. and denominati∣on from John the charitable Patriarch of Alexandria, though vowed to St. John Bap∣tist their Patron. They had their primary foun∣dation and chief aboad first in Hierusalem, and then in the Isle of Rhodes, until they were ex∣pelled thence by the Turk, Anno 1523. Since which time their chief Seat is in the Isle of Mal∣ta, where they have done great Exploits against the Infidels, especially in the year 1595, and are now called Knights of Malta. They had one general Prior, who had the Government of the whole Order within England and Scotland. Reg. of Writs, fol. 20. b. and was the first Prior of England, and sate in the Lords House of Parliament. Of these Knights mention is made in the Stat. 25 Hen. 8. ca. 2. & 26 ejusdem, ca. 2. But, Anno 32 Hen. 8. ca. 24. They in Eng∣land and Ireland, being found overmuch to ad∣here to the Pope against the King, were sup∣pressed, and their Lands and Goods referred by Parliament to the Kings disposition. See Hospitalers.

Knights of Malta. See Knights of St. Iohn.—

Knights of Rhodes. (Anno 32 Hen. 8. ca. 24.) See Knights of St. Iohn.—

Knights of the Temple. See Tem∣plers.

Knights of the Chamber, (Milites Came∣rae,) mention'd in 2 Inst. fo. 666. and in Rot. Pat. 29 Ed. 3. par. 1. m. 29: seem to be such Knights Batchelers, as are made in time of Peace, because Knighted commonly in the Kings Cham∣ber, not in the Field, as in time of War.

Knights of the Shire, (Milites Comitatus) otherwise called Knights of Parliament, are two Knights, or Gentlemen of worth, chosen upon the Kings Writ, in pleno Comitatu, by the Free∣holders of every County that can dispend 40 s. per ann. Anno 1 Hen. 5. ca. 1. and 10 Hen. 6. ca. 2. who are in Parliament to consult in be∣half of the Commons of England, touching the Publick Affairs of the Realm. These, when every man that had a Knights Fee, was custo∣marily constrained to be a Knight, were of ne∣cessity to be milites gladio cincti, for so runs the Writ at this day. But now Custom admits Esquires to be chosen to this Office.—Quod milites Comitat. pro Parliamento extunc eli∣gend. sint milites notabiles de eisdem Com. pro quibus sic eligentur, seu aliter notabiles Armige∣ri, homines generosi de nativitate de eisdem Com. qui sint habiles existere milites, & quod nullus ho∣mo sit talis miles, qui in gradu valetti & inferiori existit, prout in Statuto continetur, viz. 23 H. 6. In breve de Sum. ad Parl. Claus. 39 Hen 6. in dorso. m. 41. For the choice of these Knights see the Statutes 7 Hen. 4. ca. 15. 23 Hen. 6. ca. 15. with others. Their expences are to be born by the County, 35 Hen. 8. ca. 11. though now a dayes that is, for the most part, not re∣quired.

Knight Marshal, (Mareschallus Hospitii Re∣gis,) Is an Officer of the Kings House, having jurisdiction and cognizance of any transgressi∣on within the Kings House, and verge of it; as also of contracts made within the same house, whereto one of the House is a party. Reg. of Writs, fo. 185. a. and 191 b. and Spelmans Glossar. in voce Marescallus.

Knight-service, (servitium militare) Was a tenure, whereby several Lands in this Nation were held of the King, which drew after it Ho∣mage and Service in Warr, Escuage, Ward, Marriage, &c. but is taken away by Stat. 12 Car. 2. ca. 24. In Domesday book some Land holden by Knights service is called Tainland, and land holden by Soccage, Reveland, fo. 86. a.

Knights fee, (Feodum militare) Is so much inheritance, as is sufficient yearly to maintain a Knight with convenient Revenue; which in Hen∣ry the Thirds dayes was 15 l. Cam. Brittan. pa. 111. But, Sir Thomas Smith, in his Repub. Angl. lib. 1. ca. 18. rates it at 40 l. And, by the Stat. for Knights, 1 Ed. 2. ca. 1. such as had 20 l. per Ann. in Fee or for life, might be compelled to be Knights; which Stat. is Re∣pealed by 17 Car. 1. ca. 20. Stow; in his An∣nals, pa. 285, says, There were found in Eng∣land at the time of the Conquerour 60211 Knights Fees, according to others 60215; whereof the Religious Houses, before their Suppression, were possessed of 28015.—Unde octo Carucatae terrae faciunt feodum unius militis. Mon. Angl. 2 p. fo. 825. a. Of this you may read more in Seldens Titles of Honor, fo. 691. and Bracton, lib. 5. Tract. 1. ca. 2. See Coke on Litt. fo. 69. a. A Knights Fee contained 12

Plow-lands. 2 Part Inst. fo. 596. or 680 A∣cres.

Knighten-gyld, Was a Gyld in London con∣sisting of 19 Knights, which King Edgar found∣ed, giving them a portion of void ground ly∣ing without the Walls of the City, now called Portsoken-ward. Stowes Annals, pa. 151. This, in Mon. Angl. 2. p. fo. 82. a. is written Cnit∣tenegild.

Kyddiers, (Anno 13 Eliz. ca. 25.) See Kidder.

Kylyw—Et sint quieti de pastu & Kylyw, & omnibus aliis exactionibus, quas Forestarii & alii Balivi solent exigere. Mon. Angl. 1 Par. fo. 722. b. Perhaps it might signifie some kind of Pottage; for Kele, in the North, is still used for Pottage.

L.

LAborariis, Is a Writ that lies against such, as having not whereof to live, do refuse to serve: or against him that refuseth to serve in Summer, where he served in Winter. Reg. of Writs, fo. 189. b.

Laches, (Fr. Lache, i. Frigidus, Ignavus,) Signifies slackness, or negligence. As no Laches shall be adjudged in the Heir within age. Litt. fo. 136. and Old. Nat. Br. fo. 110. Where a Man ought to make, or do a thing, and he makes or does it not; I, of his Laches cannot have an Assise, but must take an Action on the Case. See Coke on Litt. fo. 246. and 380. b.

Lafordswick, (Sax. Hlaford, Dominus & swic, Proditio,) Infidelitas erga Dominum, A betraying ones Lord or Master. In the Lawes of Hen. 1. ca. 13. Quaedam Placita emendari (i. Quaedam crimina expiari) non possunt; Hus∣brech, Bernet, Openthefe, Eberemorth, & Lafordswick. Which word is also found in Canutus Laws, ca. 61. and in some Authors cor∣ruptly written Labordfith.

Laga, (Sax. Lag.) Law. Lagam Regis Ed∣wardi vobis reddo, cum illis emendationibus, qui∣bus Pater meus eam emendavit, says Mag∣na Charta. Hence Seaxenlage, Mercenlage, Dane∣lage, &c.

Lageman, or Lahman, (Lagamannus) Homo legalis seu legitimus; Such as we call now Good men of the Jury. I find the word in Domes∣day, and in the Lawes of Edward the Confessor, ca. 38. thus—Postea inquisisset Justitia per Lagamannos, & per meliores homines de Burgo, &c.

Lagen, (Lagena,) Fleta, lib. 2. ca. 8, 9. In ancient time it was a Measure of six Sextarii. Hence perhaps our Flagen. Donatio insuper de sex Lagenis olei annuatim. Carta 2 Ed. 3. m. 25. n. 82. See Minstrel.

Lagon, (From the Sax. Legan, & Liggan, i. Jacere) Is that which lies in the bottom of the Sea. See Flotson.

Lahs••it, Lags••ite, Laghs••ite, (Sax. Lag, Lex. & flite. Ruptio) The breaking or trans∣gressing the Law; and sometimes the punish∣ment for breaking a Law.—Si quis Dei rectitu∣dines per vim teneat, solvat Lahs••ite cum dacis, plenam Wytam cum Anglis. Leg. Hen. 1. ca. 13.

Lairwite, Lecherwite, & Legergeldum, (A Sax. Lagan, seu Laegan, Concumbere & site, Mulcta,) A Fine, or Custom of Punishing Of∣fenders in Adultery and Fornication; which priviledge did anciently belong to the Lords of some Mannors, in reference to their Villains and Tenants: which Fleta (lib. 1. ca. 47.) seems to infer. See 4 Inst. fo. 206.

Lammas-day, (Anno 23 Hen. 8. ca. 4.) Is the first of August, and so called quasi Lamb-Mass: on which day the Tenants that held Lands of the Cathedral-Church of York, (which is dedicated to St. Peter ad Vincula,) Were bound by their Tenure to bring a live Lamb into the Church at High-Mass on that day. See Gule of August.

Landa, A Laren, or open Field, without wood. Robertus Comes Legrecestriae Radulpho Pincernae & omnibus Baronibus & fidelibus suis salutem. Sciatis me dedisse servo dei Malgero Monacho in Eleemosina parvam Landam quae est inter Lunbreodam & Coptieleiam ad Mansiones & oratorium ibidem faciend. Testibus. &c. Sine dat.

Landboc, (a Sax. Land, i. Terra & boc, Li∣ber) A Charter or Deed, whereby Lands or Tenements are held or given.—Ut praefata Abbatissa praenominatam terram, scil. centum Manentium cum libris, quos Angli dicunt Land∣boc—in perpetuam haereditatem traderet. Con∣cil. Synodale apud Clovesho, Anno Dom. 822. Sic Anglo-Saxones Chartas & Instrumenta nun∣cuparunt, praediorum cessiones, jura & firmitates continentia. Spel.

Landegandman, Was one of the inferior Tenants of a Mannor. Custumariorum genus seu inferiorum tenentium Manerii, says the lear∣ned Spelman, who adds—Occurrit vox in Cu∣stomar. de Hecham.

Landcheap, (Sax. Land-cear, from Cearan, to buy and sell) A certain ancient customary Fine, paid either in Mony or Cattel, at every alienati∣on of land lying within some Mannor, or within the liberty of some Borough: As at Maldon in Es∣sex, there is yet a Custom claim'd by the same name, viz. that for certain Houses and Lands sold within that Borough, xiii d. in every Mark of the Putchase-Money shall be paid to the Town: which Custom of Landcheap is claimed by a Grant (inter al.) made to that Town by the Bishop of London, Anno 5 Hen. 4. The word is also found in Spel. de Concil. Vol. 1. fo. 502. Somner in his Sax. Dict. says, Landceap, for∣tasse precium fundi pacto datum ••el debitum.

Landgable, (Sax. Land-gafel) Terrae cen∣sus vel redditus, A Tax, or Rent issuing out of Land. Domesday, Census praedialis vel tribu∣tum quod a praediis colligitur.—Id est pro unoquo∣que domo unum denarium. Spel.

Landimers, (Agrimensores,) Measurers of Land, anciently so called. Landimera autem

est terrae limes vel meta. From the Sax. gemære. i. terminus.

Landman (Sax. Landesman, Terricola) The Terre-tenant.

Land-tenant, Is he that actually possesses the Land, or hath it in his Manual occupation. Anno 14 Edw. 3. stat. 1. cap. 3. See Terre∣tenant.

Langemanni.—Item in ipsa Civitate erant 12 Langemanni, i. Habentes Socam & Sacam. Domesday, tit. Lincolnscire.

Lanis de cresce••tia Walliae traducendis absque Custuma, &c. Is a Writ that lies to the Customer of a Port, to permit one to pass over Wool, without paying Custom, because he hath paid it in Wales before. Reg. of Writs, fol. 279.

Lapse (Lapsus) Is a slip or omission of a Patron, to present a Clerk to a Benefice within six Moneths, after it becomes void; in which case, we say the Benefice is in lapse or lapsed. Anno 13 Eliz. cap. 12. And this lapse is incur∣red, as well where the Patron is ignorant of the Avoidance, as privy; except onely upon the Resignation of the former Incumbent, or De∣privation upon any Cause comprehended in the same Statute: In which Cases the Bishop ought to give notice to the Patron.

Larceny (Fr. Larrecin, Lat. Latrocinium) Is a Theft of Personal Goods or Chattels in the owners absence; and in respect of the thing stoln, it is either great or small. Great Lar∣ceny is when the things stoln, though severally, exceed the value of xii d. Petit Larceny, is when the Goods stoln exceed not the value of xii d. Of this see more in Stamf. Pl. Cor. lib. 1. cap. 15, 16, 17. Inter minuta autem furta (says Spelman) quae Forenses vocant Petie Larcenys, olim habebantur equi & bovis sub∣tractio, ut perspicuum, est ex Assisis Hen. 2. Clarendoniae editis, ubi sic legitur. Haec Assisa attenebit—in murdro & proditions & iniqua combustione & in omnibus praedictis, nisi in mi∣nutis furtis & roberiis, quae factae fuerunt tem∣pore guerrae, sicut de equis & bobus & minoribus rebus.

Larding-mony. In the Mannor of Brad∣ford in Com. Wilts, the Tenants pay to the Mar∣quess of Winchester, their Land-Lord, a small yearly Rent by this Name: Which, I conceive to be for liberty to feed their Hogs, with the Mast of the Lords Woods; the Fat of a Hog being called Lard.

Larons (Fr.) Theeves. In the Statute for View of Frank-pledge, made 18 Edw. 2. The Fourteenth Article to be given in charge at Leets is. Of Pety, Larons, as of Géese, Hens, or Sheafs of Corn.

Lashlite. Si quis decimam contra teneat, reddat Lasblite cum Dacis, Witam cum An∣glis. It denoted the Danish common for feiture, which was Twelve Ores, every Ore valuing about xvi d. sterling. Seldens Hist. of Tythes, pag. 203.

Last (Sax.) Lest (Fr.) Signifies a burden in general, and particularly a certain weight or measure. As a Last of Pitch, Tar, or Ashes, contains Fourteen Barrels. 32 Hen. 8. cap. 14. A Last of Hides, or Skins, Twelve dozen. 1 Iac. cap. 33. A Last of Cod-fish, Twelve Barrels, 15 Car. 2. cap. 7. A Last of Herring, contains Twenty Cades, or Ten thousand; every Thousand, Ten hundred, and every Hundred sixscore. Anno 51 Hen. 3. Stat. 2. cap. 2. A Last of Corn, or Rapeseed, is Ten Quarters. A Last of Wool, is Twelve Sacks. A Last of Leather, is Twenty Dickers, and every Dicker Ten Skins. Of Unpacked Herrings, Eighteen Barrels make a Last. A Last of Os∣monds is Four thousand weight. Sed cum disce∣derent (mercatores) 4 denarius de uno quoque Lesth habebant Rex & Comes. Sc. Cestriae. LL. Edw. Conf. apud Selden, tit. Hon. sol. 620.

Last also, in the Marshes of East Kent, sig∣nifies a Court held by Twenty four Jurats, and summoned by the two Bailiffs thereof, wherein they make Orders, lay and levy Taxes, impose Penalties, &c. For preservation of the said Marshes. See the Hist. of Imbanking and Drain∣ing, fol. 54.

Last Heir (Ultimus Haeres) Is he to whom Lands come by Escheat for want of lawful Heirs, that is the Lord of whom they are held, in many Cases, but the King in others. Quippe Rex omnium haeredum ultimus est, uti Occanus omnium fluviorum receptaculum. Bracton, lib. 7. cap. 17.

Lastage, Lestage, and Lesting (Lasta∣gium, from the Sax. Last, i onus) A Custom exacted in some Fairs and Markets to carry things where one will (according to Rastal.) But Anno 21 Rich. 2. cap. 18. it is taken for the Ballance of a Ship. In a Charter of Henry the Third, to the Monastery of Semplingham, thus—Et sint quieti de Theolonio, & pontagio, & passagio, & pedagio, & Lestagio, & stallagio. Where it is to be understood in the former signification. Omnes homines London sint quieti & liberi & omnes res corum per totam Angliam, & per portus maris, de theolonio, & passagio, & lastagio, & ab omnibus aliis consuetudinibus. Di∣ploma Hen. 1. de Libertatibus London.

Lastage (says another Author) Is properly that Custom which is paid for Wares sold by the Last, as Herrings, Pitch, &c.

Lathe or Leth (Laestum, Leda) Sax. Laethe) Is a great part of a County, sometimes containing three or more Hundreds or Wapen∣takes; as it is used in Kent and Sussex. Suoque olim subaudiens Magistratui quem▪ Ledgrevium appellabant.—Et quod Anglice vocabant 3 vol 4 Hundreda, isti vocabant thrihinga. In qui∣busdam verò provinciis, Anglice vocabant Laeth, quod isti dicunt Trihinge. Quod autem in Trihinge definiri non poterat, ferebatur in Seyram, i. in Curiam Comitatus: LL. Edw. Conf. cap. 35.—Et sint quieti de sectis Comita∣tuum, Leth, Hundred. & auxiliis Vicecomitum. Pat. 1 Hen. 4. par. 8. m. 8.

Latimer, Seems to be used by Sir Edw.

Coke for an Interpreter. 2 Part. Inst. fol. 515. Vox autem unde veniat, non liquet.

Latitat, Is the name of a Writ whereby all Men in Personal Actions are called original∣ly to the Kings Bench. Fitz. Nat. Br. fol. 78. which hath this name, upon a supposition, commonly untrue, that the Defendant doth lurk and lie hid: For Latitare est se maliciose occultare animo fraudandi creditores. The true original of this Writ, is this: In ancient time whilest the Kings Bench was moveable, the Custom was, when any Man was to be sued, to send forth a Writ, to the Sheriff of the County of Middlesex, where the Court was Resident, called a Bill of Middlesex to take him; where∣upon the Sheriff returned Non est inventùs in Baliva nostra, &c. Then was there a second Writ sued forth, that had these words,—Cum Testatum est quod Latitat, &c. And thereby the Sheriff willed to attach him in any other place, where he might be found: And when the Tri∣bunal of the Kings Bench came to be setled at Westminster, the former course of Writ was kept for a long time, first sending to the Sheriff of Middlesex, to Summon the Party; and if he could not be found there, then to apprehend him wheresoever: But afterwards, by the con∣trivance of Clerks, and upon a pretence of Expedition of Justice, it was at last devised to put both these Writs into one, and so to at∣tach the party complained of, upon a Supposal or Fiction, that he was not within the County of Middlesex, but lurking elswhere; and that therefore he was to be apprehended in any place else, where he was presumed to lie hid, by a Writ directed to the Sheriff of the County where he is suspected to be.

Launcegays (Anno 7 Rich. 2. cap. 13.) A kinde of offensive Weapons now disused, and prohibited by the said Statute.

Law (Lex) From the Saxon Lag or Laugh) The Law of England is divided into Three Parts: The Common Law, which is the most Ancient and General Law of the Realm; Sta∣tutes or Acts of Parliament; and thirdly, Par∣ticular Customs, I say, particular; for if it be the General Custom of the Realm, it is part of the Common Law. Coke on Littl. fol. 15. b. Bracton defines it to be Sanctio justa jubens honesta & prohibens contraria. And the Divine Schoolman says, Lex humana est quoddam dicta∣men rationis, quo diriguntur humani actus. See Merchenlage.

Law hath also a special signification, where∣in it is taken for that which is lawful with us, and not elswhere: As Tenant by the curtesie of England. Anno 13. Edw. 1. cap. 3. To Wage Law (Vadiare Legem) and to make, or do Law (Facere Legem.) Bracton, lib. 3. tract. 2. cap. 37. When an Action of Debt is brought against one, upon some secret Agreement or Contract, as in an Action of Detinue for Goods, Money, or Chattels, lent or left with the Defendant, the Defendant may wage his Law, if he will, that is, swear, and certain persons with him, that he detains not the Goods, or ows nothing to the Plaintiff, in Manner and Form as he hath declared, which is intended by Law, to be onely in case of the Plaintiffs want of Evidence, and when he cannot prove his Surmise by any Deed, or open Act. When one wages his Law, he shall bring with him so many of his Neigh∣bors as the Court shall assign (Sir Edward Coke says Eleven) to swear with him, That they think in their Consciences he hath sworn truly; who in the Civil Law are called Compurgators. The offer to make the Oath, is called Wager of Law; and when it is accomplished, it is called The making, or doing of Law. See Glanvil. lib. 1. cap. 9. & 12. Anciently Laga was used as Latin for Law.—Lagam Regis Edwardi vobis reddo, &c. Magna Char. Hen. 1. Anno 1 Rich. 3. cap. 2.—31 Hen. 6. cap. 6. Coke on Littl. fol. 155. & 295. who says it is called Wager of Law, because in old time the party did ingage with surety, to make his Law by such a day. Legem vadiare, est cautionem dare de perimplendo Legis exigentiam in re litigata; ut de praestando Sacramento ad indictam diem, cum indicto con∣sacramentalium seu conjuratorum numero. Spel∣man. And was a Custom anciently used among the Egyptians, as Boemus in his Book De mori∣bus Gentium, informeth us.

Lawyer, (Legista, Legisperitus, Jurisperi∣tus, Our Saxons called him Lahman.

Law of Merchants (Lex Mercatoria) Is become a part of the Laws of this Realm; for, if there be two Joynt-Merchants of Wares and Merchandise, and one of them dies, his Exe∣cutor shall have the moyety, which is not so in the case of others, not Merchants. Coke on Littl. fol. 182. Anno 13 Edw. 1. stat. 3. & 27 Edw. 3. cap. 8.

Law Spiritual (Lex Spiritualis) Is the Ecclesiastical Law, allowed by the Laws of this Realm, which is not against the Common Law (whereof the Kings Prerogative is a principal part) nor against the Statutes and Customs of the Realm. And regularly according to such Ecclesiastical Laws, the Ordinary, and other Ecclesiastical Judges do proceed in Causes within their Cognizance. Coke on Littl. fol. 344.

Law of the Staple (27 Edw. 3. stat. 2. cap. 22.) Is the same with Law-Merchant. See 4 Inst. fol. 237, 238. And Staple.

Law of Marque (Anno 27 Edw. 3. stat. 2. cap. 17.) From the German word March, i. Limes, a Bound or Limit; because they, that are driven to make use of this Law, do take the Shipping or Goods of that people, of whom they have received wrong, and cannot get or∣dinary Justice, when they can take them within their own Bounds or Precincts. See Reprisals.

Law-day, Is otherwise called View of Frank∣pledge, or Court Leet. Anno 1 Edw. 4. cap. 2. it is used for the County Court.—Et quod terrae eorum imperpetuum quietae sint de sectis Co∣mit atuum & Hundredorum nostrorum, de visu Franci plegii & Lawdayorum, de Turno & auxi∣lio Vicecomitum, &c. Carta 39 Hen. 3. m. 5.

Lawing of Dogs, Mastiffs must be lawed every three years. Cromp. Jur. fol. 163. that is, Three Claws of the Fore-foot shall be cut off by the Skin. Char. Forestae, cap. 6. or the Ball of the Forefoot cut out. See Expeditate and Pèllota.

Lawless Court. On Kingshil at Rochford in Essex, on Wednesday morning next, after Michaelmas day, at Cockscrowing, Is held a Court, vulgarly called The Lawless Court. They whisper and have no Candle, nor any Pen and Ink but a Coal; and he that ows Sute or Ser∣vice, and appears not, forfeits double his rent every hour he is missing. This Court belongs to the Honor of Raleigh, and to the Earl of Warwick; and is called Lawless, because held at an unlawful or lawless hour, or Quia dicta sine lege. The Title of it in the Court Rolls, runs thus,

Kingshil in Rochford. ss.

CUria de Domino Rege, Dicta sine Lege. Tenta est ibidem Per ejusdem consuetudinem, Ante ortum solis, Luceat nisi polus, Senescallus solus Nil scribit nisi culis, Toties voluerit, Gallus ut cantaverit, Per cujus soli sonitus, Curia est summonita, Clamat clam pro Rege, In Curia sine Lege, Et nisi citò venerint, Citiùs paenituerint, Et nisi clam accedant, Curia non attendat, Qui venerit cum lumine, Errat in regimine: Et dum sunt sine lumine, Capti sunt in crimine: Curia sine cura, Jurati de injuria,

Tenta ibidem die Mercurii (ante Diem) proxi∣mi post Festum Sancti Michaelis Arch- angeli, Anno regni Regis, &c.

This Court is mentioned in Cam. Britan, though imperfectly; who says this servile at∣tendance was imposed on the Tenants, for con∣spiring at the like unseasonable time to raise a Commotion, fol. 441.

Lawless-Man (Sax. Laugheles-Man, ex∣lex) Is otherwise called an Outlaw. Pro exlege tenebitur, cum Principi non obediat nec legi, & tunc utlagabitur sicut ille qui est extra legem, si∣cut Laugheles-man. Bract. lib. 3. & Corona, cap. 11.

Lawn. See Landa.

Layland (Terra inculta, novale) Land that lies untilled.

Leap-year. See Bissextile.

Lease (from the Fr. Laisser, i. Relinquere, Permittere) Is a Demise or Letting of Lands, Tenements, Right of Common, Rent, or any Hereditament to another, for Term of Years or Life, for a Rent Reserved. If the Lease be written, it is said to be an Indenture, Deed, Poll, or Lease in writing; if made by word of Mouth, it is called a Lease Parol. The Party that Lets this Lease, is called the Leassor, and he to whom it is made, the Leassee. A Lease hath in it six Points or Parts, 1. Words im∣porting a Demise. 2. A Leassee named. 3. A Commencement from a day certain. 4. A Term of Years 5. A Determination. 6. A Reser∣vation of Rent. Coke, vol. 6. Knights Case, fol. 55.

Lecherwite alias Legerwite. See Lair∣wite.

Leccator, A Riotous debauched Person, a Roaring Boy, a Tavern-hunter. Sciant—quod ego Johannes Constabularius Cestriae dedi—Hu∣goni de Dutton, & Haeredibus Magistratum omnium Leccatorum & Meretricum totius Cester∣shiriae sicut liberiùs illum Magistratum teneo de Comite. Salvo jure meo mihi & haredibus meis. Hiis testibus, &c. Sine dat. circa Annum 1220.

Lǽt (Leta, visus Franci-plegii) Otherwise called a Law-daw: This Court, in whose Man∣nor soever kept, is accounted the Kings Court; because the Authority thereof is ori∣ginally belonging to the Crown, and thence derived to inferior persons, and is a Court of Record. It enquireth of all offences under High Treason, though it cannot punish many, but must certifie them to the Justices of Assize, by Stat. 1 Edw. 3. cap. ult. Of which, see 4 Inst. fol. 261. And the Stat. 8 Edw. 2. Haec est Curia prisca illa (says Spelman) quae inter Saxones ad Friborgos, Decanias, Tenmentalas pertinebat. Leet comes from the Sax. Læt, i. Censura, arbitrium, or from Lætan, Censere, aestimare. Quòd in hac olim Curia de damnis aestimabatur inter vicinos emergentibus, ut patet in LL. Edw. Conf. cap. 20. See the Antiquities of Warwick∣shire, fol. 2.

Legacy (Legatum) Is a particular thing given by a last Will and Testament; and he to whom such Legacy is given is called a Legatee.

Legalis homo, Is taken for him, who stands Rectus in Curia, not Outlawed nor Excommu∣nicated, nor Defamed; and in his sence, are those words so often used Probi et legales homi∣nes. Hence Legality is taken for the condition of such a Man.—Ipse tamen malefactor—tra∣dat fidejussores de pace & legalitate tuenda, i. Sureties for his Good-behavior. LL. Edw. Conf. cap. 18. See Yoman.

Legatarie (Legatarius) He or she to whom any thing is bequeathed, a Legatée. Spel. says, it is sometimes used Pro Legato vel Nuncio.

Legatorie (Anno 27 Eliz. cap. 16.) The same with Legatary.

Legergild (Legergildum) The same with Lairwite. But in the Laws of Hen. 1. cap. 12. it seems to have a different signification. Si quis Dei fugitivum habet injustè, reddat eum ad rectum, & persolvat ei cujus erit, & Regi emender secundum Legergildum.

Legespend. See Lespegend.

Legitimation (Legitimatio) A making law∣ful, or Legitimate.

Lent (from the Sax. Lencten Fæsten, i. Jejunium vel tempus quadragesimale, The Spring Fast) A time of Fasting for forty days, next before Easter; mentioned in the Stat. 2 & 3 Edw. 6. cap. 19. And (according to Sir Rich. Baker, Chron. fol. 7.) first commanded to be ob∣served in England by Ercombert, Seventh King of Kent, before the year 800.

Lep and Lace (Leppe & Lasse) Is a Custom within the Mannor of Writtel (in Com. Essex) that every Cart that comes over a part thereof, called Greenbury (except it be the Cart of a Nobleman) pays four pence to the Lord of the Mannor. This Greenbury is conceived to have anciently been a Market place, and therefore had this priviledge granted. Tobias Edmonds, Gen Senescal. ibid.

Leporarius, A Grey-hound for the Hare.—Concedo eis duos Leporarios & quatuor Bra∣catos ad leporem capiendum in Foresta nostra de Essexia. Mon. Angl. 2 par. fol. 283. a.

Leproso amovendo, Is a Writ that lies for a Parish to remove a Leper or Lazar, that thrusts himself into the Company of his Neigh∣bors, either in Church or other Publick Meet∣ings to their Annoyance. Fitz. Nat. Br. fol. 234.

Lespegend (Sax. Les-thegen, i. Barominor)—Sint sub quolibet horum quatuor ex mediocri∣bus hominibus (quos Angli Lespegend nuncu∣pant, Dani vero Yoong men vocant) locati, qui curam & onus tum viridis tum veneris suscipiant. Constitut. Canuti Regis de Foresta, Art. 2.

Lestage. See Lastage.

Leth. See Lath.

Letherwite. 2 Inst. fol. 488. This is doubt∣less there mistaken, or false Printed for Lecher∣wite. See Lairwite.

Letters Patent (Literae Patentes) Are Writings, sealed with the Great Seal of Eng∣land, whereby a Man is enabled to do or enjoy that, which otherwise of himself he could not. Anno 19 Hen. 7. cap. 7. And they are so called, because they are open, ready to be shewed for confirmation of the Authority thereby given. Letters Patent may be granted by common per∣sons, but they are rather called Patents; yet for distinction, the Kings Letters Patent are sometimes called Letters Patent Royal. Anno 2 Hen. 6. cap. 10. Letters Patent conclude with Teste me ipso, &c. Charters, with Hiis testibus. 2 Part Inst. fol. 78.

Letter of Atturney (Litera Atturnati) Is a writing authorising an Atturney, that is, a Man appointed to do a lawful act in our steeds. West, pa. 1. Symb. lib. 2. sect. 559. As a Letter of Atturney to give Seisin of Lands, thus an∣ciently.

PAteat universis per presentes quod ego Jo∣hannes Gour Dominus de Peodelestone At∣tornavi loco meo dilectum mihi in Christo Johan∣nem Hendyng ad ponendum William Nasche & Rogerum Nasche in plena & pacifica seisina in om∣nibus illis terris, & tenementis cum pertin. suis, quae & quas habeo in Orleton prout in carta Feof∣famenti dictis Will. & Rogero inde confecta pleni∣us continetur. Ratum haben. & gratum quicquid dictus Iohannes nomine meo fecerit in praemissis. In cujus, &c. dat. 43 Ed. 3.

Letters of Marq—See Marq and Repri∣sals.

Levant and Couchant, Is, when Cattel have been so long in another Mans Ground, that they have lain down, and are risen again to seed; in ancient Records Levantes & cubantes. See Falda.

Levari facias, Is a Writ directed to the Sheriff for the levying a Summ of Money upon his Lands and Tenements, who has forfeited a Recognizance. Reg. of Writs, fo. 298. b.

Levari facias damna de disseisitoribus, Is a Writ directed to the Sheriff, for the levying Dammages wherein the Disseisor has formerly been condemned to the Disseisee. Reg. of Writs, fo. 214. b.

Levari facias residuum debii, Is a Writ di∣rected to the Sheriff, for the levying the rem∣nant of a Debt upon Lands and Tenements, or Chattels of the Debtor, that has been in part satisfy'd before. Reg. of Writs, fol. 299.

Levari facias quando vicecomes returnavit quod non habuit emptores, Is a Writ command∣ing the Sheriff to sell the Goods of the Debt∣or, which he has already taken and returned, that he could not sell. Reg. of Writs, fol. 300. a.

Levy, (Levare) Signifies to gather, or ex∣act, as to levy Money; and is sometimes used to erect or set up, as to levy a Mill. Kitchin, fo. 180. Also to raise or cast up, as to levy a Ditch. Old. Nat. Br. fol. 110. And to levy a Fine, which is now the usual term; but, I have seen a Deed, where in William St. George Esquire convenants to rere a Fine of the Mannors of Brandon and Wych-hampton. Dat. 17 Hen. 6.

Lex Bretoise, The Law of the Britans, or Marches of Wales, Lex Marchiarum. See Bretoyse.

Lex deraisnia, rectius Deraisina, Is the proot of a thing, which one denies to be done by him, and his Adversary affirms it; defeat∣ing and confounding the Assertion of his Ad∣versary, and shewing it to be without and a∣gainst reason or probability. Juris membrum est Normannici, quod in prisco ejusdem Custuma∣rio, ca. 126. sic definitur. Deraisina autem est Lex quaedam in Normania constituta, per quam in simplicibus querelis, insecutus, factum quod a parte adversa ei obiicitur, se non fecisse declarat. Vide plura ibidem. & Dereyn.

Ley gager. (Anno 1 Car. 1. ea. 3.) Wa∣ger of Law. See Law.

Ley, (Lex.) See Law.

Libel, (Libellus,) Litterally signifies a little Book; but by use it is the original De∣claration of any action in the Civil Law, An.

1 Hen. 5. ca. 3 & 2 Ed. 6. ca. 13. It signifies also a scandalous report of any man cast abroad, or otherwise unlawfully published in Writing but then, for difference sake, it is called famo∣sus libellus, an infamous Libel. See Cokes Rep. lib. 5. fo. 124, 125. & 3 Inst. fo. 174. See Rime.

Libello habendo. See Copia libelli delibe∣randa.

Liber taurus, A free Bull.—Compertum per Jur. quod Will. de Losa fuit seisitus de libero Tauro habendo in Hamsted, &c.—Ideo conside∣ratum est, quod praedictus W. recuperet damna sua, quae taxantur per Iur. ad iv s, pro imparcatione ejusdem Tauri, &c. Norf. 16 Ed. 1.

Libera batella, A free Boat.—Per libe∣ram batellam, hoc est, habere unam cimbam ad piscand. subter pontem Cestriae & supra Etonam, & ibidem cum omni genere retium. Plac. in Itin. apud Cestriam 14 Hen. 7.

Libera chasea habenda, Is a Writ judicial, granted to a man for a free chase belonging to his Mannor, after he has, by a Jury, proved it to belong to him. Reg. of Writs judicial, fo. 36 and 37.

Liberate, Is an original Writ, issuing out of the Chancery to the Treasurer, Chamberlanes, and Barons of the Exchequer, or Clerk of the Hamper &c. for the payment of any annual pen∣sion, or other summ granted under the Great Seal; or to a Sheriff, to deliver possession of Lands and Goods extended. See Broke tit. Taile d' Exchequer, & 4 Inst. fol. 116.

Libertate probanda, Was a Writ that lay for such as were challenged for Slaves, and of∣fer'd to prove themselves free, &c. Fitz. Nat. Br. fo. 77. Villenage, and the several appen∣dixes thereof, viz. Infranchisement, Writs de Nativo habendo & Libertate probanda, and the pleadings and trials relating thereunto, were great Titles in the old Books, but now antiquated by time. Pref. to Rolls Abridg.

Libertatibus allocandis, Is a Writ, that lies for a Citizen or Burgess, (that, contrary to his liberty, is impleaded) to have his pri∣viledge allowed. Reg. of Writs, fo. 262.

Libertatibus exigendis in itinere, Is a Writ whereby the King wills the Justices in Eyre to admit of an Atturney for the defence of another Mans liberty before them. Reg. of Writs, fo. 19.

Liberum Herbagium. See Herbagi∣um.

Librata terrae, Contains four Oxgangs, and every Oxgang 13 Acres. Schene, verbo Bovata terrae. See Fardingdeal.

Licence to arise, (Licentia surgendi,) Is a liberty, or space of time given by the Court to a Tenant to arise out of his bed, who is essoyn∣ed de malo lecti, in a real action. See Bracton, lib. 5. Tract. 2. ca. 7. 10 & 12. And Horns Mir∣ror, ca. des Essoins. Licentia surgendi is the Writ thereupon. Reg. fo. 8.

Licentia transfretandi, Is a Writ or Warrant directed to the keepers of Dover-Port, &c. willing them to let such pass over-Sea, who have formerly obtained the Kings Licence thereunto. Reg. of Writs, fo. 193.

Licentia concordandi, (Anno 12 Car. 2. ca. 12.) See Kings-silver.

Lidford-Law, Is grown to a kind of Pro∣verb, to hang men first, and to indite them af∣terwards; so called, from a Town of that name in Cornwal; where a Court is held, which was heretofore of great extent; the course whereof is very summary. The like being said of Ha∣lifax in the County of York.

Lieftenant, or Lieutenant, (Locum-te∣nens,) The Kings Deputy, He that exercises the Kings, or any other persons place, or re∣presents his person: As the Lieutenant of Ire∣land, Anno 4 Hen. 4. ca. 6. and 2 & 3 Edw. 6. ca. 2. Whence that Officer seems to take his be∣ginning. Lieutenant of the Ordnance, Anno 39 Eliz. ca. 7.

Life-rent, Is a Rent or Exhibition,—which a Man receives either for Term of life, or for sustentation of life. Nota quod Eschaeta terrarum felonis post annum & diem, (viz. his Life-rent,) ipso vivente computatur inter bona mobilia. Skenaus ad Quon. Attach. ca. 18. vers. 5.

Lieges, and Liege-people, (Ligati,) The Kings Subjects, anciently so called, because they owe, and are bound to pay Allegiance to Him. Anno 8 Hen. 6. ca. 10. 14 Hen. 8. ca. 2. and divers other Statutes: yet anciently private persons had their Leiges.—

Reinaldus Dei gratia Abbas Ramesiae, Praeposi∣to & hominibus de Brancestre & omnibus vicinis Francis & Anglis salutem. Sciatis me dedisse terram Ulf in depedene, (hodie Depedale) buic Boselino & uxori ejus Alfniae, ita bene sicut ho∣mines de Brancestre illum testificant verum habu∣isse, ea conditione quod effecti sunt homines Liges. Lib. Rames. Sect. 244.

Omnibus, &c. Reginaldus Rex Insularum salu∣tem. Sciatis quod deveni homo ligeus Domini Re∣gis Angliae Iohannis contra omnes mortales quam∣diu vixero, & inde ei sidelitatem & sacramentum praestiti, Et in hujus rei testimonium hanc eartam meam inde feci. T. Domino F. Wint. Episcopo. M. S. penes Wil. Dugdale Ar. See Lige∣ancy.

Lierwit. See Lairwite.

Ligeancy, (Ligantia, From the Ital. Liga, a League or Bond; Vinculum arctius inter sub∣ditum & Regem utrosque invicem connectens; hunc ad protectionem & justum regimen, illos ad tributa & debitam subjectionem,) Is such a Duty or Fe∣alty, as no man may owe or bear to more then one Lord; and therefore it is most commonly used for that Duty and Allegiance which every good Subject owes to his Liege-Lord the King.

Soveraigne Lord, I Henry Percy become your Subgette and Leige Man, and promit to God and you, that hereafter I Faith and Trouth shall hear to you, as to my So∣vereign Leige Lord, and to your Heirs Kings of England of life and limme, and of earthly worshippe, for to live and die

ayeinst all erthly People, and to You and to Your Commandements I shall be obeysant, as God me help and his Holy Evangelists. 27 Oct. 9 Ed. 4. Claus. 9 Ed. 4. m. 13. in dor∣so. See Lieges.

Ligeance, (Ligeantia a Ligando,) Is a true and faithful obedience of the Subject to his So∣veraign. Sometimes it signifies the Dominion or Territory of the Liege Lord. As Anno 25 Ed. 〈◊〉〈◊〉. Stat. 2. Children born out of Li∣geance of the King. Also the same with Li∣geancy. See Coke on Litt. fo. 129. a. and Cal∣vins Case. 7. Rep.

Limitation of Assize, (Limitatio Assizae) Is a certain time set down by Statute, wherein a Man must allege himself or his Ancestor to have been seized of Lands sued for by a Writ of Assize. See the Stat•• of Merton, ca. 8. and Westm. 1. ca. 38. So it is used in Old Nat. Br▪ fo. 77. in these words, The Writ de Consuetu∣dinibus & servitiis lyeth, where I or my Ance∣stors, after the limitation of Assize, were not seized of the Customs, &c. But before the limita∣tion of Assize we were seized, &c.

Linarium, A place where Flax is sown, a flax-plat.—Et messuagium quod est juxta cimi∣terium, cum linario, quod jacet juxta praedi∣ctum Messuagium. Pat. 22 Hen. 4. Par. 1. m. 33.

Littera, As tres Carectatas Litterae, three Cartloads of Straw or Litter. Mon. Angl. 2 Par. fo. 33 b.

Libery, (from the Fr. Livre, i. Insigne, Gestamen,) Signifies a Hat, Coat, Cloak or Gown, which a Noble or Gentleman gives to his servants or followers, with cognizance or without, and is mentioned in 1 Rich. 〈◊〉〈◊〉. ca. 7. and 3 Car. 1. ca. 4. and divers other Statutes. See Reteiner. Also, before the Stat. of 12 Car. 2. ca. 24. it did signifie a delivery of possessi∣on to those Tenants which held of the King in Capite, or Knights-service; for, the King, by his Prerogative, had primier seisin, or the first possession of all Lands and Tenements so holden of him. Stamf. Praerog. ca. 3. fo. 12. it was in the nature of a Restitution, sayes Sir Edward Coke. And the Writ which lay for the Heir to obtain the possession or seisin of his Lands at the Kings hands, was called his Livery. Fitz. Nat. Br. fo. 155. but by the said Statute all Wardships, Liveries, &c. are taken away and discharged.

Livery of seisin, (Deliberatio seisinae,) Is a delivery of possession of Lands, Tenements, or other corporeal thing, (for, of things incor∣poreal no Livery of seisin may be) to one that has right, or a probability of right thereto. For, (as Bracton sayes, lib. 2. ca. 18. num. 3.) Traditio debet esse vestita, & non nuda. It is a Ceremony used in conveyance of Lands or Te∣nements, where an estate in Feesimple, Feetayl, or a Freehold passeth; And, it is a testimonial of the willing departure of him, who makes the Livery, from the thing whereof Livery is made. And the receiving of the Livery is a willing acceptance by the other party of all that where∣of the other hath devested himself. The com∣mon manner of delivery of Seisin, is thus: If it be in the open Field, where is no House, nor building, and if the estate pass by Deed, one openly reads it or declares the effect of it, and after that is fealed, the Vendor takes it in his hands, with a clod of Earth upon a twig or bough, which he delivers to the Vendee, in the name of Possession or Seisin, according to the effect of the Deed: But if there be a House or Building upon the Land, then this is to be done at the door of it, (none being left at that time within the house) and the Ring of the door delivered to the Vendee, who enters alone, shuts the door, and presently opens it again. If it be a House, without Land or Ground, the Livery is made, and Possession taken by de∣livery of the Ring of the door, and Deed onely. And where it is without Deed, either of Lands or Tenements, there the party de∣clares by word of Mouth, before witnesses, the estate he parts with, and then delivers Seisin or Possession in manner asoresaid: And so the Land or Tenement passeth as well as by Deed, and that by force of the Livery of Seisin. See West. par. 1. Symbol. lib. 2. sect. 196. and Coke on Littl. fol. 48. a. This was anciently a Pair of Gloves, a Ring, Knife, Ear of Wheat, &c. was delivered in sign or token of▪ Livery and Seisin.

Local (Localis) Tied or annexed to a place certain: As the thing is local and annexed to the Freehold. Kitchin, fol. 180. An Action of Trespass for Battery, &c. is transitory, not local, that is, not needful that the place of the Battery should be set down, as material in the Declaration, or if it be set down, that the De∣fendant should Traverse the place set down, by saying he did not commit the battery in the place mentioned in the Declaration, and so a∣void the Action. And again, fol. 230. the place is not local, that is not material to be set down in certainty, or that the Action should be tried or laid in the same County where the Fact was done. The gard of the person, and of the Lands, differs in this; because the person, be∣ing transitory, the Lord might have his Ravish∣ment de Gard, before he was seised of him, but not of the Land, because it is local. Perkins. Grants, 30.

Locus Partitus, Signifies a Division made between two Towns or Counties, to make tryal in, whether the Land or place in question lies. Fleta, lib. 4. cap. 15. num. 1.

Lode Ship, A kinde of Fishing Vessel, mentioned 31 Edw. 3. stat. 3. cap. 2.

Lodeworks, One of the Works belonging to the Stannaries in Cornwal; for which, see Stremeworks.

Lodemerege.—Item en droit de Lode∣merege dient les avantditz Jurez, que leur sembli cest case, ils ne scayvent meilleur advise ne remedy, mays que ce soit desore user & fait per maner quest conteyne en le Ley D'Oleron. Pryns Animad. on 4 Inst. fol. 116.

Logating, An unlawful game, mentioned 33 Hen▪ 8. cap. 9. now disused.

Logwood, Is a kinde of Wood, which di∣vers use, otherwise called Block-wood, brought from Compethe, and other rem•••••• parts, and was prohibited by Stat. 23 Eliz. ca. 9. and 39 e∣jusdem, cap. 11. But since by Stat. 14 Car. 2. cap. 11. the importation and use of it is al∣lowed.

Loich or Loych Fish. (31 Edw. 3. stat. 3. cap. 2.) And that no Fish called Loych Fish, be chosen or tried, but onely in thrée parts, that is to say, Lob, Ling, and God.

Lollardy and Lollery (Anno 1 & 2 Phil. & Ma. cap. 6.) The Doctrine and Opinion of the Lollards. Rogerus Acton miles▪ pro Prodi∣tione & Lollardia distrahatur & suspendatur, & sic suspensus pendeat ad voluntatem Regis. Mid∣dlesex Plac. Hill. 1 Hen. 5. Rot. 7. & Trin. 2 Hen. 5. Rot. 6.

Lollards (so called from Walter Lollard, a German, First Author of this Sect, living about the year 1315.) Were certain Hereticks (at least, in the Opinion of those times) that a∣bounded here in England in the days of Edward the Third, and Henry the Fifth, whereof Wic∣liff was the cheif in this Nation, according to Stow in his Annals, fol. 425. They are men∣tioned Anno 2 Hen. 5. cap. 7. Against these Lollards much was decreed by Tho. Arundel, Archbishop of Canterbury, in a Council at Ox∣ford. See their Tenets in Spotswoods. History of Scotland, fol. 61. The High Sheriff of every County, is bound by his Oath, to suppress them.

—You shall (says the Oath) do all your pain and diligence, to destroy, and make to cease all manner of Heresie and Errors, commonly called Lollardies, within your Bailiwick from time to time with all your power, &c.

The intent of the Hereticks called Lollards, was to subvert the Christian Faith, the Law of God, the Church, and the Realm; so said the Statute of 2 Hen. 5. cap. 7. which was repeal∣ed 1 Edw. 6. cap. 12. See 3 Inst. fol. 41. and Caudries Case.

Lord (Dominus, Sax hlaford, signifying a Bread-giver, Bountiful, or Hospitable) Is a word of Honor with us, and used diversly. Sometimes being attributed to those, who are noble by Birth or Creation, and are otherwise called Lords of the Parliament, and Peers of the Realm; sometimes to those, who are so called by the curtesie of England, as all the Sons of a Duke, or Marquess, and the eldest Son of an Earl. Sometimes to Persons, Honorable by Office, as Lord Cheif Justice, &c. And some∣times to an Inferior Person▪ that hath Fee, and consequently, the Homage of Tenants within his Mannor; for by his Tenants he is called Lord, and in some places, for distinction sake, Landlord. In which last signification, it is most used in our Law-Books, where it is divided in∣to Lord Paramount, and Lord Mesn. Lord Mesn is he that is owner of a Mannor, and by ver∣tue thereof hath-Tenants holding of him in Fee, and by Copy of Court-Roll; and yet holds himself of a Superior Lord, called Lord Paramount, or above him. Old Nat. Br. fol. 79. We likewise read of Very Lord, and Very Tenant. Very Lord is he, who is immediate Lord to his Tenant; and Very Tenant, he that holds imme∣diately of that Lord. So that if there be Lord Paramount, Lord Mesn, and Tenant; the Lord Paramount is not very Lord to the Tenant. Broke tit. Heriot, num 1.

Lord in Gross, Is he who is Lord, not by reason of any Mannor, as the King in respect of his Crown. Fitz. Nat. Br. fol. 3. and 8. where also is a Case wherein a private person is a Lord in Gross. As a Man makes a Gift in Tail of all the Land he hath, to hold of him, and dies; his Heir hath but a Seigniory in Gross.

Lorriners or Lorimers (Fr. Lormier, from the Lat. Lorum) Is one of the Companies of London, that make Bits for Bridles, Spurs, and such like small Iron ware. Anno 1 Rich. 2. cap. 12.

Lot or Loth, Is the thirteenth Dish of Lead, in the Darbishire Mines, which belongs to the King, Pro dominio suo.—Presentatum est in Ragemannis per 12 de Alto Pecco, quod Rad. de Wyne fecit quandam Purpresturam in solo Domini Regis in Tatington & Prestcliv••, faciendo mineram plumbi, unde Rex s••lebat per∣cipere le Lot mineris, i. Tertium decimum vas, &c. Rot. Rageman & de quo Warranto de Itin. de Derbi. 9 Edw. 1.—Et de miner•• lucrata in hujusmodi opere in feodo Domini Regis, Dominus Rex habebit pro Dominio suo tertium decimum discum, qui dicitur le Loth. Eschaet. de Anno 16 Edw▪ 1. num. 34. See Cope.

Lotherwit alias Leyerwit, Is a Liberty or Priviledge, to take amends of him that defiles ones Bond-woman without Licence. Rastals Ex∣position of Words. According to others, it is an amends for lying with a Bond-woman. See Lairwit. Some think it should be rather written Legerwit, for Leger in Saxon, signifies a Bed; or Lecherwite, a mulct or punishment for Lechery.

Lourgulary (Fr. Lou••deri••, i. Inhumanitas, incivilitas) In Statuto pro stratis London. im∣presso Anno 1573. Art. 45. Casting any cor∣rupt thing, appoisoning the Water, is Lowr∣gulary and Felony; some think it a corruption of Burglary. See Glossar. in decem Scriptores, verbo, Burglaria.

Lowbellers (Anno 23 Eliz. cap. 10.) Are such as go with Light and a Bell, by the sight whereof, Birds sitting on the Ground, become somewhat stupified, and so are covered with a Net, and taken. This name is derived from the word Low, which, in the Saxon, or old English, signifies a Flame of fire. See the An∣tiq. of Warwickshire, p. 4.

Lushborow or Lushburgs, Was a base sort of Money coyned beyond Seas, to the likeness of English Money, in the days of Edward the Third, and brought in, to de∣ceive

the King and his People. To avoid which, it was made Treason, for any Man wit∣tingly to bring in any such. Anno 25 Edw. 3. stat. 4. cap. 2. 3 Par•• Inst. fol. 1.

M.

M. Every Person convicted for Murder, (Man-slaughter) and admitted to the benefit of his Clergy, to be marked with an M. upon the Brawn of the Left-thumb. Anno 4 Hen. 7. cap. 13.

Macegriefs alias Macegrefs (Mac••ecar••i) Are such as willingly buy and sell stoln Flesh, knowing the same to be stoln. Britton, cap. 29. In turnis Vice-com' 12 Juratores, inter alia, presenteront—D•• Macegrefs achat••uns & ven∣dauns a ••scient chars ••mbles. Cromptons Justice of Peace, fol. 193. a. Vide LL. In•• cap. 20. de ••arnem furtivam e••••••t••.

Madning-money: Old Roman Coyns, sometimes found about Dunstable, are so called by the Countrey people; and retains the name from Magintum used by the Emperor Antonine in his Itinerary for Du••stable. C••m.

Maeremium, Is derived from the Old Norman word Marism••, for Timber.

Rex—dilecto—Roger•• de Horsley Constabu∣lario Castri sui de Baumburg salutem. M••ndamus vobis quod ••omines partium pr••dict. nuper in Ca∣stro pr••dicto pro salvatione Corporum & rerum sua∣rum contra aggressus Scot••rum commorantes, Maeremium de logi•••• suis, 〈◊〉〈◊〉 non bona & catalla ac victualia sua in codem Castro, & in F••ssato & Mot•• ejusdem existentia, sine impedimonto, capere & cari••re, & quo voluerint a••portare, pormittatis, &c. T. Rege apud Co〈…〉〈…〉k. 12 Ju••ii. Claus. 16 Edw. 2. m. 3.

Magbote or Mægbote (From the Sax. Mæg, i. cognatus, & bote compensatio) A recompence for the slaying or murder of ones Kinsman. For anciently, in this Nation, Cor∣poral punishments for Murder, and other great offences, were sometimes transmuted into pe∣cuniary Fines, if the Friends of the party slain, were so content. LL. Canuti Regis, Par. 1. cap. 2.

Magna Assisa Eligenda, Is a Writ di∣rected to the Sheriff, to summon four lawful Knights before the Justices of Assise there, upon their Oaths, to chuse Twelve Knights of the Vicinage▪ &c. to pass upon the Gr••at Assise, between A. Plaintiff, and B. Defendant. Reg. of Writs, fol. 8. 〈◊〉〈◊〉▪

〈◊◊〉〈◊◊〉, The Great Charter, Granted in the Ninth year of Henry the Third, and confirmed by Edward the First, and other Kings. The reason why it was so termed, was either for the excellency of the Laws and Liber∣ties therein contained, or else, because there was another Charter, called the Charter of the Forest, established with it, which was the lesser of the two; or, because it contained more then many other Charters, or more then the Charter of King Henry the First. Or in regard of the Wars and great troubles in the obtain∣ing of it, or the great and remarkable solemnity, in the denouncing Excommunication and dire∣ful Anathema's against the infringers of it. See Spelmans Gloss. on this word at large, who calls it Augustissimum Anglicarum libertatum diploma & sacra Anchora. So Edward Coke says, It is Magnum in Parvo, and that it hath been above thirty times confirmed. On Littl. fol. 81.

Mahim (Mahemium) from the Fr. Me∣haigner, i. mutilare) Signifies a Corporal hurt, whereby a Man loseth the use of any Member, that is, or may be any defence to him in Battel: As the Eye, the Hand, the Foot, Scalp of the Head, Foretooth, or, as some say, any Finger, or To••. Glanvil. lib. 14. cap. 7. See Br••ct••n at large, lib. 3. tract. 2. cap. 24. num. 3. The cutting of an Ear or Nose, or breaking the hinder Teeth, is no Mahim; because it is rather a de∣forming the Body, then a diminishing its strength: And when the case is difficult to judge, whether it be a Mahim, or not, the ••udges commonly behold the party wounded, and sometimes take the opinion of some able Chirurgeon. The Canonists call it Membri Mu∣tilationem. All agree, that it is the loss of a Member, or the use thereof. See Skene, verbo, Machanium.

Maiden ••ents, Is a Noble paid by every Tenant in the Mannor of Builth in Com. Rad∣nor, at their Marriage, and it was anciently given to the Lord for his quitting the Custom of Marcheta, whereby some fancy, That he was to have the first Nights Lodging with his Tenants Wife: But I rather suppose it be a Fine for the Licence to marry a Daughter. Sir Edm. Sawyer is now Lord of this Mannor. See Marcheta.

Maignagium (from the Fr. Maignen, i. Faber ararius) A Brasiers-shop. Idem H••go te∣nebat unum Maignagium in for•• ••jusdem villa, &c. Lib. Ram••s. sect. 265. See Cotland. Though 4 Inst. fol. 338. confounds Managium with M••∣suagium.

Maile, Anciently a kinde of Money. Etiam latiu•• accipitur, nec tantum pro denarii•• pl••••i∣bus, sed & portione aliqua rei fr〈…〉〈…〉 〈◊〉〈◊〉 anno••aria; ••oc verè in plaga Angliae Bor••ali Blackmaile dicitur, ut pocuniario illo distingua∣tur. Inquis. capta post mortem Wil. de Coway, Anno 20 Edw. 3. n. 63. Lan••. Est in ••••verston quoddam proficuu•• vocat ••••••smales, & qu••d∣da•• proficuum apud Plumpton, vocat. Cow∣male. Spel. See Blackmaile.

Mainour, Manour, or Meinour (from the Fr. Manier, i. manu tractar••) Signifies the thing that a Thei•• takes away or steals. As, to be taken with the Manour (Pl. Cor. fol. 179.) Is to be taken with the thing stoln about him. Again, fol. 194. it was presented, that a Theife was de∣livered

to the Viscount together with the Manour. And again, fo. 149. If the Defen∣dant were taken with the Manor, and the Ma∣nour be carried to the Court, they in ancient times would arraign him upon the Manour, with∣out any Appeal or Inditement.—Si dicti Servientes seu Baliv•• sui aliquem latronem pro aliquo furto ubicunque f••erit facto, cum Manno∣pere, infra feodum Dominii sui pr••dicti ceperint seu attach. & si ille latro feloniam illam coram quatuor villat. voluntarie cognoverit, tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉〈…〉o∣nem decollare, & dictus Dux, (Lanc.) tunc ••a∣bebit omnia bona sua, &c. Plac. apud Cestriam, 31 Ed. 3. de Quo War. in Maner de Hal∣ton. In Old Nat. Br. fo. 110. it is thus used. where a Man makes a thing by Manour, or le∣vying or estoping, in such case he shall have Assise, where it signifies handy-labour, and is but an abbreviation of Mainovery.

Mainpernable, Bailable. What Prisoners ar•• Mainpernable, and what not. Anno 3 Edw. 1. ca. 15. See Mainprise.

Maine-porte, Is a small tribute, (common∣ly of Loaves of Bread,) which in some places the Parishioners pay to the Rector of their Church, in recompence for certain Tythes. See Waxshot. Vicaria de Wragby, (in Com. Linc.) consistit in toto Altarag••o & in Ceragio, vulgari∣ter dict. Waxshot in panibu•• vulgariter dict. Manport, & in incremento denariorum. Sancti Petri, vulgariter dict. Fireharth. Spel∣man.

Mainprise, (Manucaptio,) of the Fr. Main. i. Manus & Prins. i. Captus,) Signifies the ta∣king or receiving a Man into friendly custody, who otherwise is, or might be committed to Prison, upon security given for his forthcom∣ing, at a day assigned. As to let one to Main∣prise, (Old Nat. Br. fo. 42.) Is to commit him to those that undertake his appearance at the day appointed. And they, that thus undertake for any, are called Mainpernors; because they receive him into their hands. Pl. Cor. fo. 178. Hence the word Mainpernable, that may be thus bailed; For▪ in many cases a Man is not Main∣pernable, whereof see Brook, tit. Mainprise. And Fitz. Nat. Br. fo. 249.

Manwood, (in his 1 Par. For. Laws, pa. 167.) makes a great difference between Bayl and Mainprise; For, he that is Mainprised, is al∣ready said to be at large, and to go at his own liberty, after the day he is set to Mainprise, until the day of his appearance; But, not so, where a Man is let to Bayl•• to four or two men, by the Lord Iustice in Eyre of the Fore••t, or any other Judge, until a certain day; For, there he is alwayes accounted by the Law to be in their ward and custody for the time; And they may, if they will, keep him in Prison all that time. So that, he that is so bailed, shall not be said by the Law, to be at large, or at his own liberty. Thus Manwood.

Mainprise also is an undertaking in a su〈…〉〈…〉 certain: Bail answers the conde••nation in Ci∣vil Causes, and in Criminals body for body. Cottoni post••uma.

When Mainprises may be granted, and when not, see Cromptons Justice of P. fo. 136. and Britton, fol. 73. The Author of the Mirror of Iustices sayes, that Pledges are those that Ball or redeem any thing but the body of a Man, and Mainpernors those, that free the body; That pledges therefore belong properly to real and mixt Actions, and Mainpernors to personal. lib. 3. ca. des Pledges & Mainpernors. See 4 Inst. fo. 179.

••ainsworn, in the North, signifies as much as Forsworn. Brownl. Rep 4. H••b. rep. 8.

Maintainor, (Anno 19 Hen. 7. ca. 14.) Is he that maintains or seconds a Cause depending in Sute between others, either by disbursing Money, or making Friends for either party, to∣wards his help.

Maintenance, (Manutenentia) Signifies the upholding or maintaining a Cause or Per∣son, eithor by Word, Writing, Countenance or Deed; Metaphorically taken from the suc∣coring a young Child that learns to go by ones hand; and is used in the evil part. Anno 32 Hen. 8. ca. 9. When a Mans Act in this kind is by Law accounted Maintenance, and when not. See Brooke, tit. Maintenance and Kitchin, fo. 202. There lies a Writ against a Man for this offence, called a Wr••t ef Maintenance. See Coke on Litt. fo. 368. b.

Maison dieu, (Fr.) An Hospital, or Alms∣house. See Meason dieu.

Make, (Facere,) Signifies to perform or exe∣cute; as to make his Law, is to perform that Law, which he has formerly bound himself un∣to, that is, to clear himself of an Action com∣menced against him, by his Oath, and the Oathes of his Neighbors. Old. Nat. Br. fo. 267. Ki••c••in, fo. 192. Which Law seems to be borrowed of the Feudists, who call those Men that swear for another in this Case, Sacramen••ales. The for∣mal words used by him that makes his Law, are commonly these: Hear, O ye Iustices? that I do not o•••• this summ of Money demanded, neither all, nor any part thereof, in Manner and Form de∣clared: So help me God, and the Contents of this Book. To make Services or Custom, is nothing else but to perform them. Old Nat. 〈◊〉〈◊〉. fo. 14.

••alediction, (Maledictio,) A Curse, which was of old usually annexed to Donations of Land, made to Churches and Religious Hous••••.—Si quic autem (quod no•• 〈◊〉〈◊〉) 〈…〉〈…〉c ••ostram Donationem infringero 〈◊〉〈◊〉▪ p••r∣p••ss•••• 〈◊〉〈◊〉 gelid•••• glaci〈…〉〈…〉 ••••••tibus & malig••orum Spiri••u••m▪ terribiles 〈◊〉〈◊〉 cruciat•••• 〈◊〉〈◊〉∣sisse non qui••sca••, n••s•• pri•••• in rigu•••• p〈…〉〈…〉 g••mit〈…〉〈…〉, & pur•• ••mendatione emenda••••rit. Car∣ta Regis Athelstani Monast. d•• Wil••un••▪ Anno 933.

Again—Bolial s•• q••i•• fili•••• carta•••• ha•••• j〈…〉〈…〉 〈◊〉〈◊〉 conscriptam inimicali zel•• corrumper•• de••id••r 〈◊〉〈◊〉, 〈◊〉〈◊〉 non d••bi••••t, a 〈◊◊〉〈◊◊〉 mei servientibus▪ deo nunc & 〈◊〉〈◊〉 & usque in s••mpi∣ternum

abdicatum & excommunicatum sine fine cruciandum, unde post mortem a Tartariis rapsus Ministris, in profundum pestiferae mortis inferni flammigera concludetur in Domo, & ibidem in quan∣dam ollam Vulcani, ligatis projicietur membris, quae assidue bulliente pice repleta esse testatur; & a ta∣libus frangentibus seu minuentibus intolleratissime, atrociterque, absque ulla misericordia sentitur; nisi hoc ante mortem paenitentiae lamentis emenda∣verit. Carta Eadredi Regis. Mon. Angl. 2 Par. fo. 867.

—Quod si forte post haec aliquis haere∣dum meorum de biis Elemosynis a pr〈…〉〈…〉fata Ecclesia aliquid abstulerit, ex ore meo in conspectu Dei sit ille maledictus, & in tremendo Iudicio, nisi resipuerit, condemnatus; Amen. Carta Ro∣berti Camerarii Comitis Richmundiae, in Bibl. Cotton.

Malefesance, (From the Fr. Malfaire, i. To offend, or transgress) A doing of evil, a transgressing. Crokes Rep. 2 Par. fo. 266.

Maletent, or Maletolte, (Fr. Maletoste,) (i. Malum vel indebitum Telonium,) In the Statute called the Confirmation of the Liberties, &c. Anno 25 Edw. 1. ca. 7. Is interpreted to be a Toll of 40s. for every sack of Wool. Stow in his Annals calls it a Maletot, fo. 461. See the Stat. de Tallagio non concedendo, Anno 35 ejusdem. Nothing from henceforth shall be taken of Sacks of Wool, by color or oc∣casion of Maletent. In France they had an ex∣traordinary Tax called Maletoste.

Malin. See Marle.

Malveis procurors, in Art. super Chartas, ca. 10. Is understood of such as use to pack Ju∣ries by nomination, or other practise or pro∣curement. 2 Inst. fo. 561.

Manbote, (Sax. Man-bot,) A recompense for Homicide, or a compensation due to the Lord, for the slaughter of his Man or Vassal. Manbote vero, i. compensatio Domino persol∣venda pro homine suo occiso) Anglorum lege Regi & Archiepiscopo tres Marcas de hominibus eorum propriis: sed Episcopo ejusdem Comitatus & Consuli & dapifero Regis viginti solidos, Baro∣nibus autem aliis decem solidos, &c. Spel. de Concil. Vol. 1. fol. 622. See Hoveden parte po∣ster. annal. fo. 344. & Bote.

Manca, (Charta Regis Eadgari Eccles. Sancti Pauli, Anno 867. Indictione 15.—cum lato digno pretio. i. lx. Mancas in auro purissimo.) was a square piece of Gold, commonly valued at 30 pence; & Mancusa, was as much as a Mark of Silver. Notes upon Canutus Lawes. (id est, Manucusa, Coyned with the hand.)

Manciple, (Manceps—A Clerk of the Kitchin, or Caterer,) An Officer anciently so called in the Inner-Temple) now he is called Steward there;) and still in Colledges, of whom Jeoffrey Chaucer, our ancient Poet, and a Student in this House, thus

A Manciple there was in the Temple, Of which all Catours might taken (ensemple.

Mandamus, Is a Writ that lay after the year and day, where, in the mean time, the Writ called Diem clausit extremum had not been sent out to the Escheator. Fitz. Nat. Br. fo. 253. b. See Diem clausit extremum. Manda∣mus was also a charge to the Sheriff to take into the Kings hands, all the Lands and Tenements of the Kings Widow, who, against her Oath formerly given, Married without the Kings consent. Reg. fo. 295. b. See Widow.

Mandatary, (Mandatarius,) He, to whom a Commandement or Charge is given. Also he that comes to a Benefice by a Mandamus.

Mandate, (Mandatum,) Is a Commande∣ment judicial of the King or his Justices, to have any thing done for the dispatch of Justice, where∣of you may see diversity in the Table of the Register Iudicial, on this word. The Bishops Mandat to the Sheriff, Anno 31 Eliz. ca. 9.

Manentes, Was anciently used for Te∣nentes, or Tenants. Concil. Synodal. apud Clove∣sho. Anno 822. Also Manses, or Hides of Land. Cressy's Ch. History, fo. 723.

Manning, (Manopera,) A dayes Work of a Man; in some ancient Deeds I have seen re∣served so much Rent and so many Mannings.

Manor, (Manerium a Manendo, of abiding there; because the Lord of it did usually reside there,) Est feodum nobile partim vassallis (quos Tenentes vocamus) ob certa servitia con∣cessum; partim Domino in usum Familiae suae, cum jurisdictione in vassallos, ob concessa praedia reservatum. Quae vassallis conceduntur terras dicimus tenementales, quae domino reservantur dominicales. Totum vero feodum dominium ap∣pellatur, olim Baronia; unde Curia quae huic praeest jurisdictioni hodie Curia Baronis nomen re∣tinet.

Touching its original, There was antiently a certain compass of Ground, granted by the King to some Baron, or such like man of worth, for him and his heirs to dwell upon, and to ex∣ercise some jurisdiction, more or less, within that circuit, as he thought good to grant; per∣forming him such services, and paying such yearly rent for the same, as he by his grant re∣quired; and, that afterward this great Man parcelled his Land to other meaner Men, en∣joyning them again such services and rents, as he thought good; and by that means, as he became Tenant to the King, so the inferiors became Te∣nants to him. See Perkins Reservations. 670. and Horns Mirror of Justices, lib. 1. ca. du Roy Alfred. In these dayes a Manor rather signi∣fies the jurisdiction and Royalty incorporeal, than the Land or scite: For, a man may have a Manor in Gross, that is, the right and interest of a Court Baron, with the Perquisits, and ano∣ther enjoy every foot of the land belonging to it. Kitchin, fo. 4. Bracton, lib. 5. Tract. 5. ca. 28. nu. 1. See Fee. A Manor may be com∣pounded of divers things, as of a House, Ara∣ble Land, Pasture, Meadow, Wood, Rent, Ad∣vowzen, Court-baron, and such like. And this ought to be by long continuance of time, bey ond mans memory; For, at this day, (as some hold) a Manor cannot be made, because a Court-Baron cannot be made, and a Mannor

cannot be without a Court-Baron, and two sui∣ters at least.

Manpygarnon. Will. Walcote tenet Mane∣rium de Adington in Com. Surr. per servitium in∣veniendi, ad Coronationem Regis, quoddam Pota∣gium, vocat. Manpygarnon.

Mansion, (Mansio, a Manendo,) A dwel∣ling house, a Country habitation; most com∣monly used for the Lords chief dwelling House within his Fee; otherwise called the Capital Messuage, or the chief Manor-place. See Skene, verbo, Mansus. The Latin word Mansia, in the Charter, granted by King Kenulphus to Ruchin, Abbot of Abingdon, and mentioned by Sir Edward Coke in his Report de Jure Re∣gis Ecclesiastico, seems to signifie a certain quan∣tity of Land. Hida vel Mansia. Mat. Westm. in Anno 857. And in a Charter of Edw. Conf. it is written Mansa. v. Hist. of Pauls, fo. 189.

Mansura & Masura, Are used in Domes∣day and other ancient Records, for Mansiones vel habitacula villicorum; But in carta de Anno 1 Edw. 3. n. 3. we read—de tribus mansuris terrae in Wigornia—quaere.

Manslaughter, (Homicidium,) Is the un∣lawful killing a Man without prepensed malice; as when two meet, and, upon some sudden oc∣casion falling out, the one kills the other. It differs from Murder, because it is not done with foregoing malice; and, from Chancemed∣ley, because it has a present intent to kill; and this is Felony, but admits Clergy for the first time. Stamf. pl. Cor. lib. 1 ca. 9. and Britton, ca. 9. It is confounded with Murder in the Stat. 28 Edw. 3. ca. 11.

Mansus, Anciently a Farm. Seldens Hist. of Tythes, pa. 62.

Haec Indentura testatur, quod Reginaldus Grey Dominus de Hastings, Weisford & de Ruthin tra∣didit Iohanni Saunders—Mansum Manerii de Bedworth, &c. dat. 18 Hen. 6. Here Mansum Manerii is used for the Mannor House, or Mannor-Place. Mansum capitale dicitur de aedibus Domini Manerii, quas aulam vulgo nuncu∣pant. Mansum or Mansus is sometimes con∣founded with Mesuagium. Spelman.

Manubrium, The handle, or haft of a Sword or Dagger.—Iur. praesentant quod A. de C. Aurifaber 2 Iunii 2 Iac. apud S. praedict. quoddam Manubrium pugionis ferreum, An∣glice dictum, A Dagger hilt of Iron, &c. Apud Maidston.

Manucaptio, Is a Writ that lies for a Man, who, taken on suspicion of Felony, and offer∣ing sufficient Bayl for his appearance, cannot be admitted thereto by the Sheriff, or other having power to let to Mainprise. Fitz. Nat. Br. fo. 249. See Mainprise. How diversly it is used see the Table of Reg. of Writs. And Pryns Animadversions, fo. 268.

Manuel, (Manuelis,) That whereof pre∣sent profit may be made, or that is employed or used by the hand. Stamf. Praerog. fol. 54. As such a thing in the Manuel occupation of one. i. Actually used, or employed by him.

Manumission, (Manumissio,) Is the freeing a Villain or Slave out of bondage. The form of this in the time of the Conqueror, Lamb. in his Archai, fo. 126. sets down in these words, Si quis velit servum suum liberum fa∣cere, tradat cum vicecomiti per manum dextram, in pleno comitatu, & quietum illum clamare debet a jugo servitutis suae per manumissionem, & osten∣dat ei liberas portas & vias, & tradat illi libera ar∣ma, scilicet lanceam & gladium, & deinde liber homo efficitur. Some also were manumitted by Charter. Vide Brooke tit. Villenage, fo. 305. Another way of Manumitting, was, for the Lord to take the Bondman by the Head, and say, I will that this Man be Free, and then shove him out of his hand. There was also Manu∣mission imply'd, as when the Lord made an Ob∣ligation for payment of Money to the Bond∣man at a certain day, or sued him, where he might enter without Sute, or the like. See Neif.

EDWARDUS Dei Gratia, Rex Angliae & Franciae & Dominus Hiberniae, Omnibus ad quos praesentes Literae nostrae pervenerint, Salutem. Sciatis quod nos ex gratia nostra speciali & ex mero motu nostro Manu misimus & ab omni jugo servitutis liberamus Johannem Dedwiche de Orle∣ton in Com. Heref. Husbandman, & William Dedwiche de eadem Husbandman Nativos nostros de Manerio sive Dominio nostro de Orleton prae∣dict. Cum omnibus bonis & catallis suis & tuta eorum sequela & progenie de eorum corporibus pro∣creatis sive procreandis. Ita quod nec Nos nec heredes nec Successores nec Assignati nostri ali∣quod Iuris vel clamei ratione alicujus Villenagii in ejusdem Johanne & Willielmo seu de eorum pro∣genie procreatis sive procreandis, seu de bonis & Catallis suis exigere vel vendicare poterimus in fu∣turo, &c. In cujus rei testimon. has literas nostras sub sigillo nostro Comitis nostrae Marchiae fieri feci∣mus Patentes. Dat. vicessimo. die Mensis Aprilis anno regni nostri octavo. Ex ipso autographo pe∣nes Johan Colman Gen. locus sigil. i.

[illustration]

Sigillum: Edwardi quarti dei gra: regis anglie francie diu: hiberme conntatussin marchie

Manupastus. Saepe obvenit in forensi dia∣lecto, pro famulo & serviente Domestico. Spel∣man.—Erat culpabilis tanquam de Manupasto (Manwood, cap. 16. n. 6.) i. He shall be cul∣pable, as of a thing done by one of his family. Gloss. in x. Scriptor.

Manutenentia, Is a Writ used in case of Maintenance. Reg. of Writs, fol. 182. & 189. See Maintenance.

Manworth (Sax. Manwyrth) The price or value of a Mans Life or Head; every Man, according to his degree, being rated at a cer∣tain price, according whereunto, satisfaction was, of old made to his Lord, for the killing him.

Marches (Marchia) Are the Bounds and Limits between us and Wales, or between us and Scotland. Anno 24 Hen. 8. cap. 9. Which last are divided into West and Middle Marches. Anno 4 Hen. 5. cap. 7. and 22 Edw. 4. cap. 8. The word is used in the Statute 24 Hen. 8. cap. 12. generally, for the Precincts of the Kings Do∣minions; and may be derived from the Sax. Meane, i. Signum, nota, Character.

Marchers, Were the Noblemen that lived on the Marches of Wales or Scotland, who in times past (according to Camden) had their pri∣vate Laws, like Petty Kings, which are now a∣bolished by the Statute 27 Hen. 8. cap. 26. Of these Marchers, you may read Anno 2 Hen. 4. cap. 18.—26 Hen. 8. cap. 6. and 1 Edw. 6. cap. 10. where they are called Lord Marchers. See also 1 & 2 Ph. & Ma. cap. 15.

Marchet (Marchetum) Consuetudo pecuni∣aria in Mancipiorum filiabus maritandis. Bract. lib. 2. tit. 1. cap. 8. num. 2. Merchetum vero pro filia dare non competit libero homini. Extenta Ma∣nerii de Wivenho, 18 Dec. 40 Edw. 3. & alia 13 Edw. 3. Anno Dom. 1230. Rich. Burr tenet unum Mesuagium—Et debet Tallagium, Sectam Curiae & Merchet hoc modo, quod si maritare voluerit filiam suam cum quodam libero homine extra villam, faciet pacem Domini pro maritagio, & si eam maritaverit alicui Custumario Villae, nil dabit pro maritagio. This Custom is in divers parts of England and Wales, as also in Scot∣land, and the Isle of Gernsey. See Spelman, at large on it. Sir Edward Coke on Littl. fol. 140. says it is called Marchet, as it were a Chete or Fine for Marriage. By the Custom of the Man∣nor of Denever, in the County of Carmarthen (whereof Sir Edw. Rice is Lord) every Te∣nant at the marriage of his Daughter, pays x s. to the Lord, which in the British Language is called Gwabr Merched, i. A Maids Fee. See Meiden Rents and Gwabr-merched.

Mareshal (Marescallus, from the Germ. Marschalk, i. Equitum Magister) With us there are divers Officers of this name, the cheif is the Earl Marshal of England, men∣tioned Anno 1 Hen. 4. cap. 7. and in divers other Statutes; his Office consists especially in mat∣ters of War and Arms, as well with us, as in other Countreys; as you may read in Lupanus de Magistratibus Franciae, lib. 1. cap. Marcshal∣lus.

The next is, the Marshal of the Kings House, whose special authority is (according to Brit∣ton) in the Kings place, to hear and determine all Pleas of the Crown, and Sutes between those of the Kings House, and others within the Verge, and to punish faults committed within the Verge, &c. Cromp. Jurisd. fol. 102. Anno 18 Edw. 3. stat. 2. cap. 7. and other Statutes See more of this Office in Fleta, lib. 2. cap. 4.

There are other Inferior Officers of this name, as Marshal of the Justices in Eyr. Anno 3 Edw. 1. cap. 19. Marshal of the Kings Bench (Anno 5 Edw. 3. cap. 8.) Who hath the custody of the Prison, called the Kings Bench, in Southwark. I finde also in Fleta, lib. 2. cap. 15. mention of a Marshal of the Kings Hall. There is also a Marshal of the Exchequer, Anno 51 Hen. 3. stat. 5. to whom the Court commits the custody of the Kings Debtors, for securing the Debts. He also assigns Sheriffs, Customers, and Collectors, their Auditors, before whom they shall account.

Marshalsée (Maresealtia) Is the Court or Seat of the Marshal; also used for the Prison in Southwark, so called; the reason whereof may be, because the Marshal of the Kings House, was wont perhaps to sit there in Judg∣ment, or keep His Prison. See the Stat. 9 Rich. 2. cap. 5. And 2 Hen. 4. cap. 23.

Mariage (Maritagium) Signifies not onely the lawful joyning of Man and Wife, but also the interest of bestowing a Ward, or a Widow in marriage. Mag. Char. cap. 6. And it signifies Land given in marriage. Bracton, lib. 2. cap. 34. & 39. See also Skene on the word Maritagium, which (according to Glanvil, lib. 7. cap. 1.) Is that portion which the Husband receives with his Wife. See Dower.

Maritagio amisso per defaultam, Is a Writ for the Tenant in Frank-marriage, to re∣cover Lands, &c. whereof he is deforced by another. Reg. fol. 171.

Maritagio forisfacto. See Ferisfactura Maritagii.

Mark (Merca, from the Sax. Mearc. i. Signum) In ancient time I finde a Mark of Gold was eight ounces. Stows Annals, pag. 32. A Mark of Silver is now well known to be 13 s 4 d. Char. Reg. Joh. de dote B. Reginae (quon∣dam ux. R. Ricardi. Paten. 3. Joh. m. 17. n. 31. Assignavimus ei pro dote sua mille marcas argenti annuatim, 13 s, 4 d. computatis pro Marca.

Marketzeld (Recti••s Marketgeld)—Et valent per an. le Streteward & le Marketzeld xviii s & ob. in omni terra pertinente ad Honorem de Haulton. Ex Cod. M. S. in Bibl. Cottoniana. It signifies Toll of the Market. The word Zold importing a payment. I finde it elswhere written Markethgald. Plac. apud Cestriam 31 Edw. 3.

Mark-peny, Was one peny paid at Maldon, by those who had Pipes or Gutters laid, or made out of their Houses into the Streets. Hill. 15 Edw. 1. Mr. Philips of Purveyance.

Market (Marcatus) Comes from the Fr. Marche, i. Emporium, forum nundinarum, and

signifies the same thing with us; as also the Liberty or Priviledge whereby a Town is en∣abled to keep a Market. Old Nat. Br. fol. 149. So Bracton uses it, Lib. 2. cap. 24. num. 6. & lib. 4. cap. 46. where he shews, that one Market ought to be distant from another, Sex leucas & dimidiam & tertiam partem dimidiae. By Stat. 27 Hen. 6. cap. 5. no Fair nor Market is to be kept upon any Sunday, nor upon the Feasts of the Ascension of our Lord, Corpus Christi, the Assumption of our Blessed Lady; All Saints, nor Good Friday; except for necessary victual, and in the time of Harvest.

Marle (Marla) Is a kinde of Earth or Mineral, which Men, in divers parts of this Realm, cast upon their Land, to make it more fertile. It is otherwise called Malin. Anno 17 Edw. 4. cap. 4.

Marlerium or Marletum, A Marlepit. Sciant—quod ego Rogerus la Zouche dedi—Henrico de Hugefort & haeredibus suis, &c.—Et quod habeant omnem libertatem & liberam com∣muniam in boscis, in planis, in viis, in semitis, in aquis, in molendinis, in bruariis, in turbariis, in quarrer. in piscar. in Marleriis, & in omnibus aliis locis & aisiamentis ad praedictum Manerium de Tonge spectan.—Et quod capiant Marlam pro voluntate sua ad terram suam marlend.—Reddendo inde annuatim mihi & haeredibus meis unum capellum Rosarum die Nativitatis S. Jo. Baptistae, si in villa de Tonge fuerimus, si non ponatur super imaginem Beatae Mariae in Ecclesia de Tonge, pro omnibus servitiis—Sine dat. penes Wil. Dugdale Arm. And in another Deed xx. Acras terrae Marlatas, Marled Lands.

Marque (from the Sax. Mearc, i. Signum) Signifies in our ancient Statutes as much as Reprisals; as Anno 4 Hen. 5. cap. 7. Marques and Reprisals are used as Synonima, and Letters of Marque in the same signification. See Repri∣sals.

Marquis or Marquess (Marchio, qui regi∣onis limitem incolit) Is a Title of Honor, next before an Earl, and next after a Duke. Mar∣chiones Walliae, viz. Rogerus de Mortuo-mari, Jacobus de Audeley, Rogerius de Clifford, Roge∣rius de Leyburn, Hamo Extraneus & ille de Turbervilla, cum pluribus aliis, qui de bello prae∣dicto de Lewes nuper fugerunt, &c. Mat. Westm. in Anno 1264. pag. 225.

Marshal. See Mareshal.

Martial Law, Is the Law that depends upon the just and arbitrary power, and pleasure of the King, or His Lieutenant in time of Wars, For, though the King does not, in time of Peace, make any Laws, but by con∣sent of the Three Estates in Parliament; yet in Wars, by reason of the great dangers rising from small occasions, he useth absolute power, in so much, as His word goes for Law. Smith de Repub. Angl. lib. 2. cap. 3. See Law of Arms.

Mast (Glans, Pessona) Glandis nomine con∣tinentur glans castanea, faginr, ficus & nuces, & alia quaeque quae edi & pasci poterunt praeter herbam. Bracton, lib. 4. 226. See Pessona.

Master of the Rolls (Magister Rotulorum) Is an assistant to the Lord Chancellor of Eng∣land, in the High Court of Chancery, and in his absence heareth Causes there, and gives Orders. Crompt. Jur. fol. 41. His title in his Patent is, Clericus parvae bagae, Custos Rotulorum; as also, Domus Conversorum. Because the place where the Rolls of Chancery are now kept, was an∣ciently the House for Habitation of those Jews who were converted to Christianity. But his Office hath that title from the safe keeping of the Rolls, of all Patents and Grants that pass the Great Seal, and of all Records of the Court of Chancery, &c. He is called Clerk of the Rolls, Anno 12 Rich. 2. cap. 2. And in For∣tescu, cap. 24. And no where Master of the Rolls until 11 Hen. 7. cap. 20. And yet cap. 25. Ejus∣dem, he is also called Clerk. In which respect Sir Tho. Smith, lib. 2. cap. 10. says, He may not unfitly be called Custos Archivorum. He hath the bestowing of the Offices of the Six Clerks, the Clerks of the Pettibag, Examiners of the Court, and the Clerks of the Chappel. Anno 14 & 15 Hen. 8. cap. 1. See Roll.

Master of the Mint (Anno 2 Hen. 6. cap. 14.) Is now called the Warden of the Mint, whose Office is to receive the Silver of the Goldsmiths, and to pay them for it, and to oversee all the rest belonging to his Function.

Master of the Court of Wards and Liberies, Was the cheif Officer of that Court, named and assigned by the King; to whose custody, the Seal of the Court was committed, &c. Anno 33 Hen. 8. cap. 33. But this Court, with the Officers, and Appurtenances thereof, is abolished by 12 Car. 2. cap. 24.

Master of the Horse, Is he that hath the Rule and Charge of the Kings Stable, being an Office of high account, and always bestowed upon some Nobleman of great merit, and is mentioned Anno 39 Eliz. cap. 7. and 1 Edw 6. cap. 5. This Officer under the Emperors of Rome, was called Comes sacri Stabuli.

Master of the Posts, Was an Officer of the Kings Court, who had the appointing, placing, and displacing of all such thorough England, as provided Post-horses for the speedy passing of the Kings Messages, Letters, Pacquets, and other business; and is mentioned Anno 2 Edw. 6. cap. 3. But now by Statute 12 Car. 2. cap. 34. One General Letter Office or Post Office is set∣led in London; the Master of which Office, is appointed by the King, by Letters Patent, with Rates and Rules prescribed in the said Act, for carrying Subjects Letters.

Master of the Armory, Is he that hath the care and over-sight of His Majesties Armor, and mentioned 39 Eliz. cap. 7.

Master of the Jewel House, Is an Officer in the Kings Houshold, of great credit, having charge of all Plate used for the King or Queens Table, or any great Officer in Court; and of all Plate remaining in the Tower of London, of

Chains, and loose Jewels, not fixed to any garment. Anno 39 Eliz. cap. 7.

Master of the Kings Houshold (Magister Ho∣spitii Regis) Is otherwise called Grand Master of the Kings Houshold, and is called Lord Steward of the Kings most Honorable Houshold. Anno 32 Hen. 8. cap. 39. But Primo Mariae, and ever since, he is called Lord Steward of the Kings Houshold; under whom, there is a Principal Officer of the Houshold, called the Master of the Houshold, of great Authority as well as Antiquity.

Master of the Ordnance (Anno 39 Eliz. cap. 7.) Is a great Officer, to whose care all the Kings Ordnance and Artillery is commit∣ted.

Masters of the Chancery (Magistri Can∣cellariae) Are assistants in the Chancery to the Lord Chancellor, or Lord Keeper, and Master of the Rolls. Of these there are some Ordina∣ry, and some Extraordinary; of Ordinary there are twelve, (whereof the Master of the Rolls is accompted one) whereof some sit in Court every day throughout each Term; and have referred to them (at the Lord Chancellors or Master of the Rolls discretion) the Inter∣locutory Reports for stating Accompts, com∣puting damages, and the like; taking of Oaths, Affidavits, and Acknowledgments of Deeds and Recognisances. The Extraordinary do act in all the Countrey Ten Miles from London, by taking Recognisances and Affidavits, Acknow∣ledgments of Deeds, &c. for the case of the Subject.

Master of the Kings Musters, Is a Mar∣tial Officer in all Royal Armies, most necessary, as well for the maintaining the Forces compleat, wel-armed, and trained, as also for prevention of such Frauds; as otherwise may exceedingly waste the Princes Treasure, and extreamly weaken the Forces, &c. mentioned 2 Edw. 6. cap. 2. And Muster-Master-General. Anno 35 Eliz. cap. 4.

Master of the Wardrobe, (Magister Gar∣derobae,) Is a great Officer in Court, having his habitation belonging to that Office, called the Wardrobe, near Puddle-Wharf in London. He has the charge and custody of all former Kings and Queens ancient Robes, remaining in the Tower; and all Hangings, Bedding, &c. for the Kings Hou∣ses. He has also the charge, and delivery out of all Velvet or Scarlet allowed for Liveries, &c. Of this Officer mention is made Anno 39 Eliz. ca. 7.

Masura terrae,—Sunt in eisdem masuris 60 Domus plus quam ante fuerunt. Domesday. In Fr. Masure de terre, is a quantity of ground, containing about four Oxgangs.

Matter in Deed, and matter of Record, Differ thus, (according to Old. Nat. Br. fo. 19.) The first seems to be nothing else, but some truth, or matter of Fact to be proved, though not by any Record.

Matter of Record is that, which may be pro∣ved by some Record. For example, if a man be sued to an Exigent, during the time he was in the Kings Warrs, this is Matter in Deed, not of Record: And therefore he that will allege this for himself, must come before the Scire facias for execution be awarded against him; for, after that, nothing will serve but matter of Record, that is, some error in the Process ap∣pearing upon the Record. Kitchin, fo. 216. makes also a difference between matter of Record, and a Specialty and nude Matter, this being not of so high a nature, as either matter of Record, or a Specialty, otherwise there called matter in Deed; Whereby it should seem, that nude matter is a naked allegation of a thing done, to be proved onely by Witnesses, and not either by Record, or Specialty in Writing under Seal. Cowel.

Maugre, Being compounded of two French words, Mal and Gre. i. Animo Iniquo, Signi∣fies with us, as much as in despight, or in de∣spight of ones teeth. As, the Wife mauger the Husband, (Littleton, fo. 124.) that is, whether the Husband will or no.

Maund, (Sax. Mano,) A kind of great Bas∣ket, or Hamper (of Books, or other Merchan∣dise,) containing eight Bales, or two Fats. Book of Rat••s, fo. 3.

Maxims in Law, Are the foundations of it, or certain Rules or Positions, which are the Conclusions of Reason, and ought not at any time to be impeached or impugned. As, it is a Maxim, that, if a man have Issue, two Sons by divers venters, and the one of them purchase Lands in Fee, and dye without issue, the other brother shall never be his heir, &c. See Coke on Litt. fo. 11.

Mayor, (anciently Meyr, from the British Miret, 1. Custodire,) The chief Magistrate of a City, as the Lord Mayor of London. Rich. 1. (Anno 1189) changed the Bailiff of London into a Mayor. And, by that example, King Iohn, Anno 1204, made the Bailiff of Kings-Lin a Mayor, whilst the famous City of Norwich ob∣tained not this Title for her chief Magistrate till 7 Hen. 5. 1419. See more on this word in Spelmans Gloss.

Meale-Rents, Are certain Rents still so cal∣led, but now payable in Money by some Te∣nants within the Honor of Clun, which hereto∣fore were paid in Meale, to make Meat for the Lords Hounds.

Mean, (Medius,) Significes the middle be∣tween two extreams, and that either in time or dignity. Example of the first; his Action was mean, betwixt the Disseisin made to him and his recovery; that is, in the interim. Of the se∣cond, there is Lord, Mean or Mesne, and Te∣nant.

Lords mean, mentioned in the Stat of A∣mortizing Lands, made tempore, Ed. 1. See Mesn.

Mease, (Mesuagium, Fr. Maison,) A Me∣suage, or dwelling House. Stat. Hiberniae, 14 Hen. 3. and 21 Hen. 8. ca. 13. In some places corruptly called a Mise, and Mise-place. See Mise and Mese.

Measue. See Mesne.

Meason due, (Fr. Maison de Dieu,) A House of God; a Monastery or Religious House. Ho∣spitals are also so called in the Statutes, 2 & 3 Phil. & Mary, ca. 23. 39 Eliz. ca. 5. and 15 Car. 2. ca. 7.

Measure, (Mensura,) according to the 25th Cha. of Mag. Char. and the Stat. 17 Car. 1. ca. 19. all Weights and Measures in this Nation ought to be the same, and those too, according to the Kings Standard. See 4 Inst. fo. 273. & Mensura.

Measurer. See Alneger.—Also that William Norton, common Meter of Wool∣len Cloth, may be Sworn to occupy his Office of Measurage truly and indifferently upon pain, &c. Articles exhibited to the Lord Mayor of London, &c. by the Commons of the City, tempore, Hen. 8.

Medfee, (Sax. Medfeoh,) The Sax. Dict. says, It is a Bribe or Reward; bat, it also sig∣nifies that Bote or Compensation, which is gi∣ven in an exchange, where the things exchanged are not of equal value: As in 4 Ed. 3. Hugo de Courtenay, made an exchange by Deed with Ri∣chard Hanlake and Joan his Wife; and there 'tis expressd—Quod ipsi non dabunt Med∣fee, from the word Meed, which signifies a re∣ward. See Arrura.

Medietas linguae, Signifies an Enquest em∣paner'd upon any Cause, wherein a Forreigner or Stranger is party, whereof the one half con∣sists of Natives or Denizens, the other stran∣gers; and is used in Pleas, wherein the one party is a stranger, the other a Denizen. See the Stat. 28 Edw. 3. ca. 13.—27 ejusdem, Stat. 2. ca. 8. and 8 Hen. 6. ca. 29. Before the first of these Statutes was made, this was wont to be obtained of the King by Grant made to any Company of Strangers. Stam Pl. Cor. lib. 3. ca. 7. and is called a Party-Jury, Anno 14 Car. 2. ca. 11.

Medio Acquietando, Is a Writ Judicial, to distrain a Lord, for the acquitting a mean Lord from a Rent, which another claims. Reg. of Writs judic. fo. 29. b.

Mediterranean Sea, (so called, because it has its course in the midst of the earth) Is that which stretcheth it self from West to East, divi∣ding Europe, Asia and Africa; and mentioned 12 Car. 2. in the Stat. of Tonnage.

Medium tempus, Was anciently used for the mean profits. As, Annum, diem & medi∣um tempus. See Flem.

Medlefe, Is that which Bracton, (lib. 3. Tract. 2. ca. 35.) calls Medletum, and signifies quar∣relling, scuffling, or brawling. Culpa dicitur, quam quis inopinate commiserit non rixando solum & pugnando, sed immiscendo se pacifice rei cui∣vis vel negotio, says Spelman. Hence our com∣mon phrase, to meddle with other folks mat∣ers.

Meer, (Merus) Though an Adjective, yet is it used substantively, for meer right. Old Nat. Br. fo. 2. To joyn the Mise upon the Meer. See Mise.

Meg-bote. See Magbote.

Meld-feoh, (Sax.) The reward and re∣compence due, and given to him that made the discovery of any breach of Penal Laws com∣mitted by another: The Promoter, or Infor∣mers Fee. Sax. Dict.

Meliores. See Tales.

Meiny, (Menagium. Fr. Mesnie,) as the Kings Meiny, Anno 1 Rich. 2. ca. 4.) 1. The Kings Family, Houshold, or Houshold-servants.

Melius inquirendo, Is a Writ that lay for a second enquiry, of what Lands or Tenements a man dyed seized, where partial dealing was suspected upon the Writ Diem clausit extre∣mum. Fitz. Nat. Br. fo. 255.

Memories, Are used for certain Obsequies, or remmebrances for the Dead, in Injunctions to the Clergy, 1 Edw. 6.

Menials, (from Moenia, the Walls of a Castle, or other building,) Are Houshold or Menial Servants; that is, such as live under their Lord or Masters Roof, or within his Walls, mentioned Anno 2 Hen. 4. ca. 21.

Mensura, Hoc est, quod Prior habet men∣suras tam aridorum quam liquidorum signatas signo Domini Regis, & quod nullus debet eme∣re in foro seu vendere, nisi per illas. Ex Re∣gistro Priorat. de Cokesford. Mensura bladi, a Bushel of Corne.

Mensura regalis, The Kings Standard of the Exchequer. Anno 17 Car. 1. ca. 19. See Measure.

Merchenlage, (Sax. Marcna laga. i. Mer∣ciorum lex,) Camb. in his Brit. pa. 94. sheweth, that, in the Year 1016, this Land was divided into three parts; whereof the West-Saxons had one, governing it by the Lawes called West-Saxon Lawes, which contained these nine Shires, Kent, Southsex, Southrey, Berks, Hamp∣shire, Wilts, Somerset, Dorset, and Devon. The second by the Danes, which was Govern'd by the Laws called Denelage, or Danelage, and that contained these fifteen Shires, York, Darby, Not∣tingham, Leicester, Lincoln, Northampton, Bed∣ford, Bucks, Hartford, Essex, Middlesex, North∣folk, Suffolk, Cambridge and Huntington. The third was Governed by the Mercians, whose Law was called Merchenlage, comprehending these eight, Glocester, Worcester, Hereford, War∣wick, Oxenford, Chester, Salop, and Stafford. Out of which three William the Conqueror chose the best, and, to them, adding such of the Nor∣man Laws as he thought good, he ordained Laws for this Kingdom, some of which we have to this day, and are called the Common Laws.

Mercimoniatus Angliae, Was anciently used for the Custom or Impost of England.

Mercy, (Misericordia,) Signifies the Arbi∣trement, or Discretion of the King, Lord or Judge, in punishing any offence, not directly censured by the Law. As, to be in the grievous mercy of the King, (Anno 11 Hen. 6. ca. 2.) is to be in hazard of a great Fine or Penalty. See Misericordia.

Mertlage, Seems to be a corruption of, or a Law French word, for Martyrologe. Vide 9 Hen. 7. fo. 14. b.

Mese, (from the Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i. Medium,) of He••••ings is 500, the half of a thousand.

Mesne or Measn, (Medius, Fr. Maisne,) Signifies him, that is Lord of a Mannor, and has Tenants holding of him, yet holds himself of a superior Lord: and therefore it seems to be properly derived from the Fr. Maisne. i. Minor natu; because his Tenure is derived from another, from whom he holds.

Mesn also signifies a Writ, which lies where there is Lord, Mesn and Tenant; the Tenant holding of the Mesn, by the same services, whereby the Mesn holdeth of the Lord, and the Tenant of the Mesn is distrained by the superior Lord, for that his Service or Rent, which is due to the Mesn. Fitz. Nat. Br. fo. 135. See 13 Edw. 1. ca. 9.

Mesnalty, (Medictas, Fr. Maisnete. i. Youngership,) Signifies the right, or condition of the Mesn; as, the Mesnalty is extinct. Old. Nat. Br. fo. 44. and Kitchin, fo. 147. Medie∣tate tenentur feuda, quando aliqua persona in∣tervenerit inter Dominum & tenentes, Et hoc modo tenent omnes postnati, mediante ante nato. Cu∣stumary of Normandy.

Messarius, A Mower, or Harvester. Fleta, lib. 2. ca. 75.

Messenger of the Exchequer, Is an Officer, of which sort there are four in that Court, who are Pursuivants attending the Lord Treasurer, to carry his Letters and Precepts. See Pursui∣vant.

Message, (Messuagium,) A dwelling House, (Honestius est habitaculum cum aliquo fundi adjacentis in ejusdem usum deputati.) But, by that name may also pass a Curtilage, a Gar∣den, an Orchard, a Dovehouse, a Shop, a Mill, a Cottage, a Toft, as parcel of a Messuage. Bracten, lib. 5. ca. 28. Plowden, fo. 199. 170. yet they may be demanded by their single names. Messuagium in Scotland signifies, (ac∣cording to Skene,) the principal House, or dwelling place within a Mannor, which we call the Mannor-house, and some, the Scite. A Prae∣cipe lies not de Domo, but de Messuagio, Coke on Litt. ca. 8.

Mestilo, onis. Mesline, Muncorne, Wheat and Rie mingled together.—& nonam gar∣bam frumenti, mestilonis, siliginis & omnis gene∣ris bladi. Pat. 1 Edw. 3. Par. 1. m. 6.

Metegabel, (Sax.) Cibariorum vectigal, A Tribute, or Rent paid in Victuals; a thing usual of old, as well with the Kings Tenants, as others, till Henry the Firsts time, who chang'd it into Money. Sax. Dict.

Metheglin, (British, Meddiglin,) A kind of Drink made of Wort, Hearbs, Spice and Hony boyld together, most used in Wales; men∣tioned in the Act for Excise, 15 Car. 2. ca. 9.

Michis,—A sort of white loaves, paid as a Rent in some Mannors. Extenta de Wivenho, in dorso, Will. Lambe.—Capient de praedicto Priore pro qualibet Waya cirporum tres albos panes, vocatos Michis, & nigrum panem & alia ciba∣ria.

Milde (Anno 1 Jac. ca. 24.) A kind of Canvas, whereof Sail-Clothes, and other fur∣niture for Ships are made.

Mile, (Milliare,) Is the distance of one thousand paces, otherwise described to con∣tain eight furlongs, and every Furlong to con∣tain forty Lugs or Poles, and every Pole 16 foot and a half. Anno 35 Eliz. ca. 6.

Militia, (Lat.) The Implements and Fur∣niture for Warr, mentioned 15 Car. 2. ca. 2.

Milleate, (Anno 7 Jac. ca. 19.) A trench to convey water to or from a Mill: Rectius, a Mill. leat. An unusual Word in Conveyances in Devonshire.

Mineral Courts, (Curiae minerales,) Are particular Courts for regulating the Affairs of Lead Mines, as Stannery Courts are for Tyn.

Miniments, or Muniments, (Munimen∣ta, from Munio, to defend,) Are the Evidences or Writings, whereby a man is enabled to de∣fend the title of his Estate. An. 5. Rich. 2. ca. 8. and 35 Hen. 6. fo. 37. b. Wangford sayes this word Muniment includes all manner of Evi∣dences. See Muniment House.

Ministri Regis, Extend to the Judges of the Realm, as well as to those that have Mini∣sterial Offices. 2 Inst. fo. 208.

Minobery, (Anno 7 R. 2. ca. 4.) Seems to be compounded of the French Main. i. Manus and Ouvrer. i. Operari; and to signifie some trespass or offence committed by a Mans handy work in the Forest; as an Engin to catch Deer. Briton. (ca. 40.) uses the verb Meinoverer, to manure Lands; and ca. 62. Main-ovre, for handy work.

Minstrell, (Minstrellus & Menestrallus, from the French Menestrel,) A Fidler or Piper; mentioned 4 Hen. 4. ca. 27. Lit. Pat. 24 April 9 Edw. 4.—Quod Mariscalli & Minstrelli predicti per se forent & esse deberent unum Corpus & una Communitas perpetua, &c. Upon a Quo warranto 14 Hen. 7. Laurentius Dominus de Dutton clamat, quod omnes Ministrelli infra Ci∣vitatem Cestriae & infra Cestriam manentes, vel officia ibidem exercentes debent convenire coram ipso vel Senescallo suo apud Cestriam, ad Festum Nativitatis S. Johannis Baptistae annuatim, & dabunt sibi ad dictum Festum quatuor Lagenas vini & unam Lanceam; & in super quilibet co∣rum dabit sibi quatuor denarios & unum obolum ad dictum Festum, & habere de qualibet Meretrice infra Comitatum Cestriae, & infra Cestriam ma∣nente, & Officium suum exercente quatuor Dena∣rios per annum ad Festum praedictum, &c. See King of the Minstrels.

Mint, Is the place where the Kings Coin is formed, be it Gold or Silver, which now is, and long has been the Tower of London: Though it appear by divers Statutes, that in ancient times the Mint has also been at Caleis, and other places. Anno 21 R. 2. ca. 16. and 9 Hen. 5. Stat. 5. ca. 5. The particular Officers belong∣ing to the Mint, see in Cowels Interpreter, verbo, Mint.

Minute tythes, (Minutae sive minores deci∣ma,) Small Tythes, such as usually belong to

the Viccar, as of Herbs, Seeds, Eggs, Honey, Wax, &c. See 2 Part Inst. fo. 649. and Udal & Tindals case. Hill. 22 Jac. where the tyth of Woad was adjudged to be minuta decima. 3 Part Crokes Rep. fo. 21. See Tithes.

Misaventure, or Misadventure, (Fr. Mes∣adventure, i. Infortunium,) Has an especial signification for the killing a man, partly by negligence, and partly by chance. As if one, thinking no harm, carelesly throwes a stone, or shoots an Arrow, wherewith he kills another. In this case he commits not Felony, but onely loseth his goods, and has a Pardon of course for his life. Stam. Pl. Cor. lib. 1. ca. 8. Brit∣ton, ca. 7. distinguishes between Aventure and Misavonture; The first he makes to be meer chance, as if a Man, being upon, or near the Water, be taken with some sudden sickness, and so fall in, and is drowned, or into the fire, and is burnt. Misaventure he says is, where a man comes to his death by some outward vio∣lence, as the fall of a Tree, the running of a Cart-wheel, the stroke of a Horse, or such like. So that Misadventure in Stamfords opi∣nion, is construed somewhat more largely then Britton understands it.

West. part 2. Symbol. tit. Inditement. Sect. 48, & 49. makes Homicide casual to be, meerly ca∣sual or mixt. Homicide by meer chance, he defines to be, when a man is slain by meer fortune, against the mind of the killer, as if one hewing, the Axe flies off the haft and kills a man; And this is al one with Brittons Misa∣venture. Homicide by chance mix'd, he defines (Sect. 50.) to be, when the killers ignorance or negligence is joyned with the chance; as if a man lop Trees by a high-way side, in which ma∣ny usually travel, and cast down a Bough, not giving warning, &c. by which Bough a man is slain.

Miscognisant, Ignorant or not knowing. In the Stat. 32 Hen. 8. ca. 9. against Champertie and Maintenance; It is ordained that the Justices of Assise shall twice in the year in every County cause open Proclamation to be made of this present Act, and of every thing therein contained, &c. to the intent, that no person should be ignorant or miscog∣nisant of the dangers and penalties therein contained.

Miscontinuance, (Kitchin, fo. 231.) the same with Discontinuance, which see.

Mise, (A French word, signifying expence, or disbursement: sometimes written Missum in Lat. and sometimes Misa,) has divers significa∣tions; first, it is a kind of honourable gift, or customary present, with which the People of Wales are wont to salute every new King and Prince of Wales, at their entrance into that Prin∣cipality. It was anciently given in Cattel, Wine and Corn, for sustentation of the Princes Fami∣ly; but, when that Dominion was annexed to the English Crown, the Gift was changed into Money, and the Summ is 5000 l. Sterling, or More; and it hapned to be thrice paid in King James's Reign, First, at his own coming to the Crown, and that Principality. Second∣ly, when Prince Henry was created Prince of Wales. And Thirdly, When King Charles the First succeeded him in that Principality.

Anno 27 Hen. 8. ca. 26. it is ordained, That Lords Mayors shall have all such Mi∣ses and profits of their Lands, as they have had in times past, &c. Misae etiam dicuntur praestationes illae quas ob fruendas pristinas immu∣nitates Cestriae Palatinatus subditi novo cuique Comiti impendunt, i. 3000 Marks for that Coun∣ty.

Sometimes Mises are taken for Taxes, or Tal∣lages. Anno 25 Edw. 1. ca. 5. Sometimes for Costs or Expences, as pro misis & custagiis, for Costs and Charges in the Entries of Judgments in personal Actions.

Mise is also a word of Art, appropriated to a Writ of right, so called, because both parties have put themselves upon the meer right, to be tryed by the grand Assise, or by Battel; so as that which in all other Actions is called an Is∣sue, in a Writ of Right in that case is called a Mise. But, in a Writ of Right, if a collateral point be tryed, there it is called an Issue; and is derived from missum, because the whole cause is put upon this point. Coke on Litt. fol. 294. b. Anno 37 Ed. 3. ca. 16. To joyn the Mise upon the Meer, is as much as to say, to joyn the Mise upon the cleer right, and that more plainly, to joyn upon this point, whether has the more right, the Tenant or Demandant.

Mise is sometimes used as a Participle, for cast or put upon. Cokes 6 Rep. Saffins Case; and sometimes corruptly for Mease, a Messuage, or Tenement: As a Mise-place in some Man∣nors is taken to be such a Messuage or Tene∣ment as answers the Lord a Herriot at the death of its owner. 2 Inst. fo. 528. which, in our French, is written Mees. Ceste Endenture te∣moigne que come Will. Terrye de Dounham tiegne de Johan de Veer Coonte d'Oxenford un Mees & sys acres de terre, &c. dat. 14 Ed. 3. penes Wil. Andrew, Baronet.

Miserere, Is the name and first word of one of the Paenitential Psalmes, most commonly that which the Ordinary gives to such guilty Malefactors, as have the benefit of the Clergy allowed by Law; and it is usually called the Psalm of mercy.

Misericordia, Is used for an Arbitrary A∣merciament or Punishment imposed on any Person for an offence. For where the Plaintiff or Defendant in any Action is amerced, the Entry is always—Ideo in misericordia, &c. And it is called Misericordia (as Fitzherbert says, Nat. Br. fol. 75.) for that it ought to be but small, and less then the offence, according to the tenor of Magna Charta, cap. 14. There∣fore, if a Man be unreasonably amerced in a Court, not of Record, as in a Court Baron, &c. there is a Writ called Moderata Miseri∣cordia directed to the Lord, or his Bailiff, commanding them, that they take Moderate A∣merciaments, according to the quality of the fault. Est enim misericordia Domini Regis (says

Glanvile) quà quis per juramentum legalium hominum de viceneto, eatenus amerciandus est, ne aliquid de suo honorabili contenemento amittat. And again, Mulcta lenior sic dicta, quòd lenis∣sima imponitur misericordia; graviores enim mulctas Fines vocant, atrocissimas, Redemp∣tiones. See Glanv. pag. 75. a. And see Moderata Misericordia.—He shall be in the great Mercy of the King. Westm. 1. cap. 15.

Misfeasans, Misdoings or Trespasses.—Jury to enquire of all Purprestures & Mis∣feasans. 2 Part Croke, fol. 498. And Misfeasor, a Trespasser. 2 Inst. fol. 200.

Mishering, Est de estre quit de amerciemenz pur quereles en aucun Courts devant qui que il seyt, nent ordinament ou proprement demonstre. MS. LL. Temp. E. 2. See Abishersing and Miskering.

Miskenning (Meskenninga, LL. Hen. 1. cap. 12.) Iniqua vel injusta in jus vocatio; in∣constanter loqui in Curia, vel invariare.—Re∣novamus etiam & confirmamus Privilegia anti∣quorum Regum, atque ob reverentiam Dominae nostrae perpetuae Virginis Mariae Sanctique Bene∣dicti, Sanctarumque virginum, omnibusque futuris ibidem Abbatibus in tota possèssione Monasterii, Sacham & Socham Theloneumque suum in terra & in aqua concedo, & Consuetudines, ut ab omnibus apertius & plenius intelligantur, Anglice scriptas, scilicet, Mundbriche, Feardwite, Firwite, Blodewite, Mistzeninge, Frithsoke, Ham∣sockne, Forstall, Forphange, Theifphange, Hangwite, Frithbriche, Utlepe, Infongen∣thefe, Supbriche, Tol & Tem, aliassque om∣nes leges & Consuetudines quae ad me pertinent, tam plene & tam libere, sicut eas in manu mea ha∣bebam. Confirm. Fundationis Monast. de Ram∣sey per S. Edw. Conf. Mon. Angl. 1 par. fo. 237.

Miskering, Hoc est quietus pro querelis coram quibuscunque in transumptione probata. MS. LL. Rob. Cot. pa. 262. See Mishering.

Misnomer, (compounded of the Fr. Mes, which in composition alwayes signifies amis∣se, and nomer, i. nominare,) the using one name for another, a mis-terming, or mis-na∣ming.

Misprision, (Fr. Mespris. i. contempt, or neglect,) Signifies a neglect, negligence, or oversight; as Misprision of Treason, or Felony is a neglect, or light account made of Treason or Felony committed, by not revealing it, when we know of it. Stam. pl. Cor. lib. 1. cap. 19. or by suffering any person, committed for Trea∣son or Felony, or suspition of either, to go be∣fore he be indited.

Misprision of Clerks, (Anno 8 Hen. 6. ca. 15.) Is a neglect of Clerks, in writing or keeping Records. By misprision of Clerks no Process shall be adnulled or discontinued. 14 Edw. 3. ca. 6. Stat. 1. For Misprision of Treason, the offenders are to suffer imprisonment during the Kings pleasure, lose their Goods and the Pro∣fits of their Lands during their lives. Misprisi∣on of Felony is onely Finable by the Justices, be∣fore whom the party is attainted. Cromp. I. of Peace, fo. 40. Other faults may be accounted Misprisions of Treason, or Felony, because la∣ter Statutes have inflicted that punishment upon them, whereof you have an example, Anno 14 Eliz. ca. 3. of such as Coyn forrain Coyns, not currant in this Realm, and their Procurers, Aiders and Abettors. Misprision also signifies a mistaking, Anno 14 Ed. 3. Stat. 1. ca. 6. v. 3 Inst. fo. 36, and 139.

Mis-trial, A false or erroneous Trial. Crokes Rep. 3 Part. fo. 284. Delves Case.

Mis-user, Is an abuse of liberty, or benefit; As, He shall make Fine for his Misuser. Old. Nat. Br. fo. 149.

Mitta, (Sax.) Mensura decem modiorum. MS. In Wich. salina redd. 30 mittas salis. Domesday, tit. Wirec. scire. Ego Wulfrun, (uxor Anketelli) Singulis annis vitae meae ad Festum S. Benedicti, quod est in aestate, decem mittas de brasio & quinque de gruto & quinque mittas fari∣nae triticiae & 8 pernas & 16 caseos & duas vac∣cas pingues de terra mea Hicheling pro respectu annuo eidem Ecclesiae, (Ramesiensi) procurari decerno. Lib. Rames. Sect. 38.—Praeterea con∣cessi eis septem Mittas Salis quolibet anno percipi∣endas apud Wiz. Mon. Angl. 2 Par. so. 262. b.

Mittendo manuscriptum pedis Finis, Is a Writ Judicial, directed to the Treasurer and Chamberlains of the Exchequer, to search and transmit the foot of a Fine, acknowledged before Justices in Eyre, into the Common-Pleas, &c. Reg. of Writs, fo. 14.

Mittimus, Is a Writ by which Records are transmitted from one Court to another, as ap∣pears by the Stat. of 5 Rich. 2. ca. 15. as out of the Kings Bench into the Exhhequer; And sometimes by a Certiorari into the Chancery, and from thence by a Mittimus into another Court, as you may see in 28 Hen. 8. Dyer, fo. 29. and 29 Hen. 8. Dyer, fo. 32. Mittimus also signifies the Precept that is directed by a Justice of Peace to a Jaylor, for the receiving and safe keeping a Felon, or other Offender, commit∣ted by the said Justice. See Table of Reg. of Writs, for other uses and applications of this Word.

Mixt tithes, (decimae mixtae,) Are those of Cheese, Milk, &c. and of the young of beasts. See Cokes 2 Part Inst. fo. 649. and see Tithe.

Mockadoes, (Anno 23 Eliz. ca. 9.) A kind of Stuff made in England, and elsewhere.

Moderata misericordia, Is a Writ that lies for him who is amer••••d in a Court-Baron, or other Court not of Record, for any trans∣gression or offence beyond the quality of the fault. It is directed to the Lord of the Court or his Bailiff, commanding them to take a mo∣derate Amerciament of the party, and is found∣ed upon Magna Charta, ca. 14. Quod nullus liber homo amercietur, nisi secundum qualitatem delicti, &c. The rest touching this Writ see in Fitz. Nat. Br. fo. 75. See Misericordia.

Modo & forma, Are words of art in plead∣ings, namely in the Answer of the Defendant, whereby he denies to have done the thing laid

to his charge, modo & forma declarata. Kitchin, fo. 232. The Civilians in like case, say, Ne∣gat allegata, prout allegantur, esse vera. Where modo & forma are of the substance of the Issue, and where but words of course, see Coke on Litt. fo. 281. b.

Modus decimandi, Is either, when Land, or a yearly Pension, summ of Money, or other profit belong to the Parson, Viccar, &c. by composition or Custom, in satisfaction of Tithes in kind. MS. penes Auth. See 2 Inst. fo. 490.

Molendinum bladonicum, A Corn-mill; for which in ancient Charters we also find Mo∣lendinum bladum & molendinum de blado. So a Fulling-mill is thus variously Latin'd in Re-Records, Molendinum fullonicum, Mol. fullani∣cum, Mol. Fullere, Mol. Fullarium & Mol de Fu∣lelez.

A Windmill, Molendinum ad ventum, & venti; Molendinum ventriticum, & ventrici∣um.

A Water-mill, Molendinum aquaticum & aquatilium.

A Horse-mill, Molendinum Equitium.

A Grinding, or Griest-Mill, Molendinum molare. Ex Cartis & Record. in Mon. Angl.

Molman. Prior. Lewens. pa. 21.—omnis Lanceta, omnis Toftman & omnis Molman (qui non sedet super Ogeland) debent spergere unam reiam de fiens, &c. i. Unam strigam vel tractum stercoris, a rew of muck.

Molasses, (Anno 12 Car. 2. ca. 25.) Is the refuse Sirrop in the boiling of Sugar; with which (by the said Statute) Wine is prohibi∣ted to be mingled, or adulterated.

Monetagium, Jus & artificium cudendi mo∣netas.

Moniers, or Moneyors, (Monetarii) Mi∣nisters of the Mint, which make Coin, and de∣liver out the Kings Moneys. Anno 25 Edw. 3. ca. 20. Reg. of Writs, fo. 262. It appears that in ancient time our Kings of England had Mints in most of the Counties of this Realm; and in the Tractate of the Exchequer, written by Ockham, we find, that, whereas Sheriffs ordi∣narily were ty'd to pay into the Exchequer the Kings Sterling-Money, for such Debts, as they were to answer, they of Northumberland and Cumberland were at liberty to pay in any sort of Money, so it were Silver; and the reason is there given, because those two Shires, Moneta∣rios de antiqua institutione non habent. Moneyers are now also taken for Banquers, or those that make it their Trade to turn and return mo∣ney.

Monger, Seems to be a little Sea-vessel, which Fishermen use, Anno 13 Eliz. ca. 11.

Monopoly, (from the Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, unus & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 vendo,) Is an Institution, or allowance of the King by his Grant, Commission, or otherwise to any person or persons, of, or for the sole buying, selling, making, working, or using of any thing, whereby any person or per∣sons are restrained of any freedom or liberty that they had before, or hindred in their lawful Trade; which is declared illegal by 21 Jac. ca. 3. Except in some particular cases, which see in 3 Inst. fo. 181.

Monstrans de droit, (i. Shewing of ones right) Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements, that in∣deed are mine in right, though, by some Office, found to be in possession of one lately dead. See Stamf. Praer. ca. 21. at large, and Cokes Rep. lib. 4. fo. 54. Wardens of the Sadlers Case.

Monstraverunt, Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine, being distreined for the payment of any Toll or Imposition, contrary to the liber∣ty, which they do, or should enjoy. Fitz. Nat. Br. fo. 14.

Month, or Moneth, (Sax. Monath,) Shall be understood to consist of 28 dayes. See Coke, lib. 6. fo. 61. b. And see Kalender∣moneth.

Moot, (from the Sax. Motian, to treat, or handle) Is well understood at the Inns of Court, to be that exercise, or arguing of Cases, which young Barrasters and Students perform, at cer∣tain times, for the better enabling them for practise, and defence of Clients Causes. The place where Moot-cases were argued, was anci∣ently called a Moot-hall, from the Sax. Motheal. In the Inns of Court there is a Bailiff, or Sur∣veyor of the Moots, who is yearly chosen by the Bench, to appoint the M••otmen for the Inns of Chancery, and to keep accompt of performance of Exercises both there and in the House. See Orig. Juridiciales, fo. 212.

Mootmen, Are those that argue Readers Cases, (called also Moot-cases) in the Houses of Chancery, both in Terms and in Vacations. Cokes Rep. 3 Part in Proaemio.

Moratur, or Demoratur in Lege, Signi∣fies as much as he Demurrs; because the Party goes not forward in pleading, but rests or abides upon the Judgment of the Court in the point, who deliberate, and take time to argue, and ad∣vise thereupon. Whensoever the Counsel lear∣ned of the Party is of opinion, that the Count or Plea of the adverse party is insufficient in Law; then he Demurrs or abides in Law, and refers the same to the Judgment of the Court. Coke on Lit. fo. 71. b. See Demurrer.

Moriam, Is all one in signification with the French Morion, i. Cassis, a headpiece, and that from the Italian Morione. Anno 4 & 5 Phil. & Mary, ca. 2. now called a Pot.

Morling alias Mortling, Signifies that Wool which is taken from the Skin of a dead Sheep, whether dying of the rot, or being killed. Anno 4 Edw. 4. cap. 2. & 3. and 27 Hen. 6 cap. 2. This is written Morkin, Anno 3 Jac. cap. 18. Morling or Shorling, Anno 3 Edw. 4. cap. 1. & 14 Car. 2. cap. 18. See Shorling.

Mortdancester. See Assize.

Mortgage (Mortuum vadium vel Mortgagium) from the French Mort, i. Mors; and Gage, i. Pignus) Signifies a Pawn of Land or Tenement, or any

moveable thing, laid or bound for Money bor∣rowed, peremptorily to be the Creditors for ever, if the Money be not paid at the day a∣greed on. And the Creditor, holding such Land on such Agreement, is in the mean time called Tenant in Mortgage. Glanvile (lib. 10. cap. 6.) defines it thus, Mortuum vadium dicitur illud, cujus fructus vel reditus interim percepti in nullo se acquietant. Thus it is called a Dead Gage, because whatsoever profit it yields, yet it redeems not it self by yielding such profit, except the whole sum borrowed be likewise paid at the day, the Morgagee by Covenant be∣ing to receive the profits, till default of pay∣ment. He that lays this Pawn or Gage, is cal∣led the Morgager, and he that takes it, the Mor∣gagee. This, if it contain excessive Usury, is prohibited Anno 37 Hen. 8. cap. 9.

Mortmain (Manus Mortua, i. Dead Hand. From the. Fr. Mort, i. Mors, and Main, i. Hand) Signifies an Alienation of Lands or Tenements to any Corporation, Guild, or Fraternity, and their Successors, as Bishops, Parsons, Viccars, &c. which may not be done without Licence of the King, and the Lord of the Mannor, or of the King alone, if it be immediately holden of him. The reason of the name proceeds from this, that the services and other profits due for such Lands, should not, without such Licence come into a Dead Hand, or into such a Hand, as it were Dead, and so dedicate unto God, or pious uses, as to be abstractedly different from other Lands, Tenements, or Hereditaments, and is never to revert to the Donor or any Temporal or common use. Mag. Charta, cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain. 18 Edw. 3. stat. 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land, &c. to Hospitals, is permitted without obtain∣ing of Licences of Mortmain. Hottoman in his Commentaries De verbis Feudal. verbo Manus mortua, says thus. Manus mortua locutio est, quae usurpatur de iis quorum possessio, ut ita di∣cam, immortalis est, quia nunquam haeredem habere desinunt. Qua de causa res nunquam ad Priorem Dominum revertitur; nam Manus pro possessione dicitur, Mortua pro immortali, &c. And Skene says, That Dimittere terras ad Ma∣num Mortuam, est idem atque dimittere ad mul∣titudinem sive universitatem, quae nunquam mo∣ritur. The President and Governors for the poor within the Cities of London and Westmin∣ster, may without Licence in Mortmain, pur∣chase Lands, &c. not exceeding the yearly va∣lue of 3000 l, &c. Stat. 14. Car. 2. cap. 9.

Mortuary (Mortuarium) Is a gift left by a Man at his death, to his Parish Church, in re∣compence of his Personal Tythes and Offerings, not duly paid in his life time. A Mortuary is not properly and originally due to an Ecclesi∣astical Incumbent from any, but those onely of his own Parish, to whom he ministers Spiritual Instruction, and hath right to their Tythes. But by Custom in some places of this Kingdom, they are paid to the Incumbent of other Parish∣es, in the Corps of the Dead Bodies passage through them. See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts. Mortuarium (says Lindwood) sic dictum, est quia relinquitur Ecclesiae pro anima defuncti. Custom in tract of time, did so far prevail, as that Mortuaries being held as due debts, the payment of them was enjoyned, as well by the Statute De circumpectè agatis, in 13 Edw. 1. as by several Constitutions, &c. A Mortuary was anciently called a Cors-present, (because the Beast was presented with the Body at the Funeral) and sometimes a Principal. Of which see a learned discourse in Mr. Dugdales Anti∣quities of Warwickshire. fol. 679. And see Sel∣dens History of Tythes, pag. 287. There is no Mortuary due by Law, but by Custom. 2 Part Inst. fol. 491. See Spel. de Concil. Tom. 2. fol. 390.

Moss-Troopers, Are a rebellious sort of Malefactors in the North of England, that live by Robbery and Rapine; not unlike the Tories of Ireland, or Banditi in Italy, for suppression of whom, the Statutes 4 Jac. cap. 1.—7 Jac. cap. 1. and 14 Car. 2. cap. 22. were made.

Mote (Mota) Sax. gemote) A Court, Plea, or Convention. As Mota de Hereford, i. Curia vel placita Comitatus de Hereford. Charta Matildis Imperatricis filiae Regis Hen. 1.—Sciatis me fecisse Milonem de Glocestre, Comitem de Hereford & dedisse ei Motam Herefordiae cum toto Castello in Feudo & Hereditate. Of this there were several kindes, as Wittenagemot, Folcgemot, Sciregemot, Hundredgemot, Burgemote, Wardegemote, Haligemot, Swainegemot, &c.

Hence to Mote or Moot, i. To Plead, and in Scotland they call it to Mute, as The Mute Hill at Scone, i. Mons placiti de Scona. But we now most commonly apply the word Moot, to that practise of Pleading and Arguing Cases, which young Students use in the Inns of Court and Chancery.

Mota was sometimes used of old for a For∣tress or Castle, as Turris de London & Mota de Windsor—Charta pacis inter Stephanum Regem & Hen. Ducem postea Regem. See Moot.

Mote, Does also signifie a Standing Water to keep Fish in, or a great Ditch of Water encompassing a Castle or Dwelling House.—Hec Indentura facta inter Rogerum Grene Clericum ex parte una & Thomam Horeworde Clericum ex parte altera, testatur, quod praedictus Rogerus tradidit prefato Thomae tria stagna & unam Motam Piscariam existen. infra manerium Domi∣ni de Yeffyn Habend. & tenend. predicta tria flagna & predictam Motam cum tota piscatione in eisdem & cum incremento piscium in eisdem cum libero ingressu & egressu, &c. Dat. 18 Febr. 11 Edw. 4.

Muchehunt.—Habeant hi quatuor unam re∣galem potestatem, (salva semper nobis nostra prae∣sentia) quaterque in anno generales Forestae de∣monstrationes & viridis & veneris forisfactiones, quas Muchehunt dicunt, &c. Const. Canuti de Foresta, cap. 11.

Mulier (as used in our Laws, seems to be corrupted from Melior, or the Fr. Melieur) Signifies the lawful Issue, preferred before an Elder Brother born out of Matrimony. Anno 9 Hen. 6. cap. 11. Smith de Republ. Angl. lib. 3. cap. 6. But by Glanvile, lib. 7. cap. 1. The law∣ful Issue seems rather Mulier, then Melier, be∣cause begotten e Muliere, and not ex Concubina, for he calls such issue Filios mulieratos, opposing them to Bastards. And Britton, cap. 70. hath Frere mulier, i. The Brother begotten of the Wife, opposite to Frere bastard. This seems to be used in Scotland also: For Skene says, Mulieratus filius is a lawful Son, begotten of a lawful Wife. A Man hath a Son by a Woman before marriage, which is a Bastard and un∣lawful, and after he marries the Mother of the Bastard, and they have another Son, this second Son is called Mulier, and is lawful, and shall be heir to his Father: You shall always finde them with this Addition, when compared, Bastard eigne & mulier puisne. See Coke on Littl. fol. 170 b. & 243 b.

Mulier also, was anciently used as an Additi∣on; As, Omnibus—Domina Johanna de Fo∣resta, mulier, salutem. Noverit universitas ve∣stra quod, &c. dat. 3 Regis Edw. Filii Edw. Ex Autographo penes Authorem. By this it was doubted whether Mulier signify'd a Wife, or a Woman born in lawful Wedlock. But the fol∣lowing Deed clearly shewes it the former, and is conform to what Sir Edw. Coke says, 2 Inst. fo. 434. That, of ancient time, Mulier was taken for a Wife.

Elizabetha Grendon filia & haeres legitima Do∣mini Hamonis Peshal mil. dum vixit & Aliciae uxoris suae quondam Roberti Harley & Jo∣hannae uxoris ejusdem Roberti, filii & haeredis quondam Roberti Harley mil. & Margaretae uxo∣ris suae pars appellans & actrix ex parte una, & Johanna Harley Mulier pars appellata & rea ex altera. Eadem Johanna Harley per Officialem Diocesis Middlesex, occasione frigiditatis sive im∣potentiae naturalis Roberti mariti sui coeund. sive eam carnaliter cognoscend. mota, ab eodem Rober∣to separata fuit. Et nunc, ex supplicatione prae∣fatae Elizabethae Grendon, ea separatio cassatur & annullatur, & matrimonium inter eos solidum & firmum fuisse declaratur per instrumentum publicum. Dat. Anno 1400. Ex MS. penes Will. Dugdale Ar.

Muliertie, or Mulerie, (Coke on Litt. fo. 352. b.) the being, or condition of a Mulier, or lawful issue. Fait a remembre que Osbart Parles engendra Reynald de Asseles en Bastardie; le quele Osbart enfeffa le dit Reynald en Fee en tote son tenement de Asseles, a lui & a ses heires a toutz jours: le quele Reynald engendra Simon de Asseles en Muleric, le quele Simon engendra Aliue, Agnes & Margerie en Muleric. MS. pe∣nes Will. Dugdale Ar.

Multa, or Multura Episcopi, Is derived a Mulcta; for that it was a Fine, or final satis∣faction given the King, that they might have power to make their last Wills and Testaments, and to have the Probat of other Mens, and the granting Administrations. See 2 Inst. fo 491.

Multiplication, (Multiplicatio) Multiply∣ing, or Augmenting. It is ordained and established, That none from henceforth shall use to Multiply Gold or Silver, nor use the Craft of Multiplication, and if any the same do, he shall incur the pain of Felony. An∣no 5 Hen. 4. ca. 4. which Statute was made up∣on a presumption that some persons skilful in Chimistry, could multiply or augment those Mettals, by Elixir or other ingredients, and change other Metals into very Gold or Silver. For, Letters Patents were granted by Henry the Sixth to certain persons, (who undertook to perform the same, and to find out the Philoso∣phers Stone) to free them from the penalty in the said Stat. Rot. Pat. 34 Hen. 6. in. 13. Coke 3. Inst. fo. 74.

Multitude, (Multitudo) must, (according to some Authors) be ten persons or more; but Sir Edward Coke says, he could never read it restrained by the Common Law to any certain number, but left to the discretion of the Judges. on Litt. fo. 257.

A Multo fortiori, or a Minore ad Maius, Is an argument often used by Littleton, 〈◊〉〈◊〉 force of it thus,—If it be so in a Feoffment, passing a new right, much more is it for the restitution of an ancient right, &c. Coke on Litt. fo. 253. a. and 260. a.

Multure, (Molitura vel Multura) Signifies the Toll that the Miller takes for grinding Corn.—Et totam sequelam Custumariorum meo∣rum qui ad dictum molendinum bladum suum molent, ad sextum decimum vas, & braseum suum sine Multura. Mon Angl. 2 p. fo. 825. a.—And if that will grynd at his milne, to grend at xxiiii vessel. And for their Malt neght giue Multer, &c. An Award dat. 28 Hen. 6.

Mundbrech, (Sax. Mund. i. Munitio, Defensio, & Brice. Fractio vel violatio.) Si Rex Ecclesiam, Monasterium, Burgum, hominem aliquem vel societatem, eorumve res aut praedia in suam susceperat protectionem, dicebatur hoc omne & ejusmodi quicquicd in Regis esse Mundio, Saxo∣nice on Cyningesmunde, cujus violatio etiam Mundbrice dicta est. q. Protectionis violatio, aut datae pacis fractio, quae in Anglorum lege 5 libris plectebatur. Spelm. But Mundbrech is expounded in late times clausarum fractionem, a breach of Mounds, by which name Ditches and Fences are still called in some parts of Eng∣land.

Mundeburde, (Mundeburdium, from the Sax. Mund. i. Tutela: And Bord vel Borh. i. Fidejussor.) Defensionis vel patrócinii fide∣jussio & stipulatio.

Muniments, (Munimenta,) Mat. Paris, fo 311. Episcopus itaque cum Munimentorum inspectionem habere non potuit. Scripta scilicet authentica, Chartae Donationum & evidentiae. See Miniments.

Munimenthouse, (Munimen) In Cathedral and Collegiate Churches, Castles, Colleges, or such like, is a House, or little Room of strength

purposely made for keeping, the Seal, Eviden∣ces, Charters, &c. of such Church, Colledge, &c. Such Evidences being called Muniments, corruptly Miniments, from Munio, to defend; because inheritances and possessions are defend∣ed by them. 3 Part Inst. fo. 170.

Murage, (Muragium, Anno 3 Ed. 1. ca. 30.) Is a reasonable Toll, to be taken of every Cart, or Horse, coming laden into a City or Town, for the building or repairing the Walls of it, for the safeguard of the People, and is due ei∣ther by Grant or prescription. Cokes 2 Part Inst. fo. 222.

Murder, (Murdrum, from the Sax. Morther, or British Murndwrn. Fr. Meurtre. i. Internecio) Is a wilful and Felonious killing another upon prepensed Malice, whether secretly or openly, English man, or Forreiner, living under the Kings protection. 52 Hen. 3. ca. 25.—14 Ed. 3. ca. 4. Prepensed malice is either express or im∣ply'd; Express, when it may be evidently pro∣ved, There was formerly some ill will: Implyed, when one kills another suddenly, having nothing to defend himself, as going over a Style, or such like. Cromp. Just. of P. ca. of Murder, fo. 19. Per parol de Murder en grants, le Grantee clama de aver amerciaments de Murderes. Broke tit. quo warrant. 2.

Murengers, Are two ancient Officers in the City of Chester, of as great antiquity as any other in that City, being two of the principal Aldermen, yearly elected, to see the Walls kept in good repair, and who receive certain Tolls and Customs for maintenance thereof.

Muster, (from the Fr. Moustre. i. Specimen, Exemplum, as Faire moustre generale de toute son armic, Is as much as lustrare exercitum) the signi∣fication is well known. Mustred of Record, (Anno 18 Hen. 6. ca. 19.) Is to be enrolled in the number of the Kings Souldiers. Master of the Kings Musters. See in Master.

Muster-master-general, (Anno 35 Eliz. ca. 4.) See Master of the Kings Musters.

Mute, (Mutus) That speaks not; dumb, speechless.—A Prisoner may stand Mute two manner of wayes. 1. When he speaks not at all, and then it shall be enquired, whether he stood Mute of malice, or by the act of God; if by the later, then the Judge ex officio ought to enquire, whether he be the same person, and of all other Pleas, which he might have pleaded, if he had not stood Mute. 2. When he pleads not-guilty, or does not directly an∣swer, or will not put himself upon the enquest to be tryed. Coke 2 Part Inst. ca. 12. Anno 32 Hen. 8. ca. 3. See Pain Fort & Dure.

N.

NAam, (Namium) (from the Sax. Naeme. i. Captio) Signifies the taking or appre∣hending another mans moveable Goods, and is either lawful or unlawful: Lawful Naam is a reasonable Distress proportionable to the value of the thing distreined for; and this Naam was anciently called either Vif or Mort, quick or dead, according as it is made of dead or quick Chattels. Lawful Naam is so either by the Common-Law, as when one takes another Mans Beasts damage feasant in his Grounds; or by a Mans particular fact, as by reason of some con∣tract made, that for default of payment of an Annuity, it shall be lawful to distrain in such or such Lands, &c. Horns Mirror of Justices. lib. 2. ca. de Naam. See Withernam. non libebit Namium sumere vel vadimonium, nec averia sua imparchiare. Mon. Angl. 2 Par. fo. 256. b. Ne∣mo Namium capiat in comitatu vel extra Comita∣tum, priusquam ter in Hundredo suo rectum sibi perquisierit. LL. Canuti MS. ca. 18. quae in∣scribitur de Namiis capiendis, Quod si reddere noluerint (debitores) nec ad disrationandum venire, tunc cives quibus debita sua debent, capi∣ant in Civitate, Namia sua, vel de comitatu in quo manet, qui debitum debet. Char. Hen. 1. de li∣bertat. London. See Vetitum Namium.

Namation, (Namatio) A distreming, or taking a distress. In Scotland it is used for im∣pounding.

Naperie (Anno 2 Ric. 2. ca. 1.) (from the French, Nappe, a Table-cloath,) we may call it linnen-clothery.

Nathwyte.—Quod nec dictus Philippus de Avery, nec haeredes sui de caetero petere possint aliqua tallagia, nec etiam francum plegium, nec etiam aliam demandam, quae vocatur Nathwyte. Carta 55 Hen. 3. m. 6. Perhaps, from the Sax. Nyþ. i. Lewdness, and so it may signifie the same with Lairwite.

Nativity, (Nativitas) Birth; Casting the Nativity, or, by calculation, seeking to know how long the Queen should live, &c. made Fe∣lony, Anno 23 Eliz. ca. 2. Nativitas was an∣ciently taken for Bondage, or Villenage—terram, quam Nativi sui tenuerunt de se in Nativitate. Mon. Angl. 2 par. fo. 643. a.

Nativo habendo, Was a Writ that lay to the Sheriff, for a Lord, whose Villain, claimed for his inheritance, was run from him, for the apprehending and restoring him to his Lord. Reg. of Writs, fo. 87. Fitz. Nat. Br. fo. 77.

Nativus, Is qui natus est servus, & sic diffe∣rat ab eo qui se venundari passus est. Servos enim alios Bondos dicimus, alios Nativos, alias Vil∣lanos. Bondi sunt qui pactionis vinculo se a∣strinxerint in servitutem, unde & nomen, nam Bond, anglice vinculum, Bondi quasi astr••cti nuncupantur. De Nativis jam supra. Villani, sunt qui glebae ascripti villam colunt Dominicam, nec exire licet, sine Domini licentia. Spelm. Vide Chart. Rich. 2. qua omnes manumittit a Bondagio in Com. Hertford. Walsingham, pag. 254.—Quod si aliquis Nativus alicujus in praefato Burgo manserit & terram in eo tenuerit, & fuerit in praedicta Gilda & Hansa & Loth & Scoth cum eisdem Burgensibus nostri•• per unum

ann um & unum diem sine calumpnia, deinceps non possit repeti a Domino suo, ut in eodem Burgo liber permaneat. Carta Hen. 3. Burgensibus Mun∣gumery.

Nativè tenentes, Sunt (ipsi etiam liberi) qui terram tenent Nativam: Hoc est Nativorum ser∣vitiis obnoxiam. Spel.

Naturalization (Naturalizatio) Is when an Alien born is made the Kings Natural Sub∣ject. See Denizen.

Ne Admittas, Is a Writ that lieth for the Plaintiff in a Quare Impedit, or him that hath an Action of' Darein Presentment depend∣ing in the Common Bench, and fears the Bishop will admit the Clerk of the Defendant, during the Sute between them; which Writ must be sued within six Moneths after the avoidance, because after the six Moneths, the Bishop may present by Lapse. Reg. of Writs, fol. 31. Fitz. Nat. Br. fol. 37.

Neat-land (Sax.) Terra Villanorum: Land let or granted out to the Yeomanry. Ex Vet. Charta.

Negative Pregnant (Negativa Praegnans) Is a Negative, which implies or brings forth an Affirmative; as, if a Man being impleaded to have done a thing on such a day, or in such a place, denies that he did it Modo & forma de∣clarata, which implies nevertheless that in some sort he did it. Or, if a Man be impleaded for having alienated Land in Fee, &c. he denies that he hath alienated in Fee; this is a Nega∣tive which includes an Affirmative, for it may be he hath made an Estate in Tayl. Dyer fol. 17. num. 95. And see Brook, hoc tit.

Neif (Fr. Naif, i. Naturalis, Nativa) Sig∣nifies a Bond-woman, a she villain. Mentioned Anno 9 Rich. 2. cap. 2. See Nativus. Anciently when a Lord made his Bond-woman free, he gave her this kinde of Manumission.

Sciant praesentes & futuri quod ego Radulphus de Crombewel Miles Senior & Dominus de Lam∣beley dedi Domino Roberto Vicario de Dedeling Beatricem filiam Willielmi Hervy de Lambeley quondam Nativam Meam, cum tota sequela sua, cum omnibus catallis suis perquisitis & per∣quirendis. Habend. & Tenend. predictam Be∣atricem cum tota sequela sua & omnibus ca∣tallis suis & omnibus rebus suis perquisitis & perquirendis praedicto Domino Roberto vel suis as∣signatis liberè quietè benè & in pace imperpetuum. Ita quod nec ego praedictus Radulphus & heredes mei sive assignati mei aliquòd juris vel clamii in predicta Beatrice vel in catallis suis sive in seque∣la sua ratione servitutis vel nativitatis de caetero exigere vel vendicare poterimus, sed quieta sit & absoluta de me & haeredibus meis seu assignatis meis ab omni onere servitutis & nativitatis im∣perpetuum. In cujus—••iis testibus—Dat. apud Lambeley in die Sancti Laurentii Martyris. Anno 13 Edw. 3. See Manumission.

Writ of Neifty, Was an ancient Writ, now out of use, whereby the Lord claimed such a Woman for his Neif, wherein but two Neifs could be put.

Ne injuste vexes, Is a Writ that lies for Tenant, who is distreined by his Lord for other Services, then he ought to make, and is a pro∣hibition to the Lord in it self, commanding him not to distrain. The special use of it is, where the Tenant has formerly prejudiced himself, by performing more Services, or paying more Rent without constraint, then he needed; For, in this case, by reason of the Lords seisin, he cannot avoid him in Avowry, and therefore is driven to this Writ, as his next remedy. Reg. of Writs, fo. 4. Fitz. Nat. Br. fol. 10.

Nesse (Anno 4 Hen. 7. ca. 21.) Se••ems to be the proper name of Orford Haven in Suffolk.

Ne vicecomes Colore mandati Regis quenquam amoveat a possessione Ecclesiae minus juste. Reg. of Writs, fo. 61.

Nient comprise, Is an exception taken to a petition as unjust, because the thing desired is not conteined in that Act or Deed, whereon the Petition is grounded. For example, one desires of the Court to be put in possession of a House, formerly among other Lands, &c. ad∣judged to him; The adverse party pleads, that this petition is not to be granted, because, though the Petitioner had a judgment for cer∣tain Lands and Houses, yet this House is not comprised among those, for which he had Judg∣ment. New Book of Entries, tit. Nient com∣prise.

Ni••••e, (Anno 3 Edw. 4. ca. 5.) Both Cow∣el and Spelman have it without any explication. I suppose it a corruption from nihil, and to sig∣nifie a Toy, or thing of no value.

Nihils, or Nichils, (Anno 5 Rich. 2. Stat. 1. ca. 3. and 27 Eliz. ca. 3.) Are Issues, which the Sheriff, that is apposed, says, Are Nothing worth, and illeviable, for the insuffici∣ency of the parties that should pay them. Pra∣ctice of the Exchequer, pa. 101. Accompts of Nihil shall be put out of the Exchequer. Anno 5 Rich. 2. Stat. 2. ca. 13.

Nihil dicit, Is a failing to put in Answer to the Plaintiffs Plea by the day assign'd; which, if a Man do omit, Judgment passeth against him, as saying nothing why it should not.

Nihil capiat per breve, Is the Judgment given against the Plaintiff, either in barr of his Action, or in abatement of his Writ. Coke on Litt. fo. 363.

Nisi prius, Is a Writ Judicial, which lies in case, where the Enquest is panelled, and re∣turned before the Justices of the Bank, the one party or the other desiring to have this Writ for the ease of the Country; whereby the Sheriff is willed to bring the men empanel'd to Westmin∣ster at a certain day, or before the Justices of the next Assises; Nisi die lunae apud talem locum prius venerint, &c. See the form of it in Old Nat. Br. fo. 159. and see the Statute 14 Edw. 3. ca. 15. and that of York, 12 Edw. 2. and West. 2. ca. 30. See Justices of nisi prius, and 4 Inst. fo. 161.

Noctes & Noctem de firma. We often meet in Domesday with tot Noctes de firma, or

firma tot Noctium; which is to be understood of meat and drink, or entertainment for so many nights.

Nobility, (Nobilitas) With us compriseth all Dignities above a Knight; so that a Baron is the lowest degree of it. Smyth de Repub. Angl. lib. 1. ca. 17. v. Coke, lib. 9. Count of Salops Case.

Nocumento. See Nusance.

Nomination, (Nominatio) Is taken for a power, that a Man, by vertue of a Mannor, or otherwise, hath, to appoint a Clerk to a Patron of a Benefice, by him to be presented to the Or∣dinary.

Non-ability, Is an exception taken against the Plaintiff or Demandant, upon some cause why he cannot commence any Sute in Law; as Praemuniri, Outlary, Villenage, professed in Reli∣gion, Excommunication, or because he is a stranger born; howbeit the last holds only in actions real or mixt, and not in personal, except he be a stranger and an Enemy. The Civili∣ans say, such a Man has not Personam standi in judicio. See Brooke, hoc tit. and Fitz. Nat. Br. fo. 35. 65 and 77.

Non admittas. See Ne admittas.

Nonage, Is all the time of a Mans age, un∣der one and twenty years in some cases, or 14 in others, as Marriage. See Broke, tit. Age. See Age.

Non capiendo Clericum. See Clericum non capiendo.

Non-claim, Is an omission, or neglect of a Man, that claims not within the time limited by Law; as within a year and day, where con∣tinual claim ought to be made, or within five years after a Fine levied. Vide Coke, lib. 4. in Proaem. and Continual Claim.

Non compos mentis, Is a Man of no sound Memory and understanding, of which there are four sorts. 1. An Ideot, who from his Nativi∣ty, by a perpetual infirmity, Is Non compos mentis. 2. He that by sickness, grief, or other accident wholly loseth his Memory and Under∣standing. 3. A Lunatick, that has sometimes his understanding, and sometimes not, aliquan∣do gaudet lucidis intervallis. Lastly, He that by his own act for a time deprives himself of his right mind, as a Drunkard; but that kind of Non compos mentis shall give no priviledge or benefit to him or his heirs; and a Descent takes away the Entry of an Ideot, albeit the want of understanding was perpetual. Coke, lib. 4. Beverly's Case.

Non di••••ringendo, Is a Writ comprizing divers particulars, according to divers cases, which you may see in the Table of Reg. of Writs.

Non est culpabilis, Is the general Plea to an action of Trespass, whereby the Defendant does absolutely deny the fact, charged on him by the Plaintiff, whereas in other special An∣swers, the Defendant grants the fact to be done, but alleages some reason in his defence, why he lawfully might do it. And, as this is the general Answer in an Action of Trespass, that is, an Action criminal civilly prosecuted; so is it also in all Actions criminally followed, either at the Sute of the King, or other, where∣in the Defendant denies the Crime objected to him. See New Book of Entries, tit. non Culp. & Stamf. pl. Cor. lib. 2. ca. 62.

Non est factum, Is a Plea to a Declarati∣on, whereby a Man denies that to be his deed, whereupon he is impleaded. Brooke, hoc ti∣tulo.

Non implacitando aliquem de libero te∣nemento fine brevi, Is a Writ to inhibit Bai∣liffs, &c. from Distreming any Man, without the Kings Writ, touching his Freehold. Reg. of Wrtis, 171. b.

Non intromittendo quando breve Praeci∣pe in capite subdole impetratur, Is a Writ which had dependence on the Court of Wards, and therefore now obsolete. Reg. of Writs, fo. 4. b.

Non merchandizando victualia, Is a Writ directed to the Justices of Assise, commanding them to enquire, whether the Officers of such a Town do sell Victuals in gross, or by retain du∣ring their Office, contrary to the Statute, and to punish them, if they find it true. Reg. of Writs, fo. 184.

Non molestando, Is a Writ that lies for him, who is molested contrary to the Kings pro∣tection granted him. Reg. of Writs, fo. 24.

Non obstante, notwithstanding, Is a word or clause usual in Statutes and Letters Patent.

—All grants of such Pensiōns, and every non obstante therein contained shall be void. Stat. 14 Car. 2. ca. 11. v. 3 Part Crokes Rep. fo. 196. and Plow. Com. fo. 501, 502. In Henry the Thirds time (says Sir Richard Baker) the Clause non obstante (brought in first by the Pope) was taken up by the King in his Grants and Wri∣tings. See Pryns Animadversions on fourth Inst. fo. 129.

Non omittas, Is a Writ lying, where the Sheriff delivers a former Writ to a Bailiff of a Franchise, in which the party, on whom it is to be served, dwels, and the Bailiff neglects to do it: In this case the Sheriff returning, that he delivered it to the Bailiff, this shall be directed to the Sheriff, charging him to execute the Kings command himself. Old. Nat. Br. fo. 44. Of this the Reg. of Writs has three sorts, fo. 82. b. 151.

Non ponendo in Assisis & Juratis, Is a Writ founded upon the Stat. Westm. 2. ca. 38. and the Stat. Articuli super Chartas, ca. 9. which is granted upon divers causes to Men, for the freeing them from serving upon Assises and Juries, as by reason of old age, &c. See Fitz. Nat. Br. fo. 165. and Reg. fo. 179. 181.

Non procedendo ad Assisam Rege incon∣sulto, Is a Writ to stop the Trial of a Cause appertaining to one, who is in the Kings ser∣vice, &c. until the Kings pleasure be farther known. Reg. fo. 220.

Non residentia pro Clericis Regis, Is a Writ directed to the Ordinary, charging him not to molest a Clerk imployd in the Kings Ser∣vice,

by reason of his Non-residence. Reg. of Writs, fol 58. b.

Non Residence (Anno 28 Hen. 8. cap. 13.) Is applied to those Spiritual Persons, that are not Resident, but do absent themselves by the space of one Moneth together, or two Moneths at several times in one year, from their Digni∣ties, Prebends, or Benefices. For Regularly, Personal Residence is required of Ecclesiastical Persons upon their Cures. See 2 Part Instit. fol. 625.

Non solvendo pecuniam, ad quam Cleri∣cus mulctatur pro non Residentia, Is a Writ prohibiting an Ordinary to take a pecuniary mulct, imposed upon a Clerk of the Kings for Non-residency. Reg. of Writs, fol. 59.

Non-sute, (i Non est Prosecutus, &c.) Is a Renunciation of the Sute by the Plaintiff or Demandant, most commonly upon the disco∣very of some Error or Defect, when the Mat∣ter is so far proceeded in, as the Jury is ready at the Bar, to deliver their Verdict. Anno 2 Hen. 4. cap. 7. See the New Book of Entries, verbo, Nonsute. The Civilians term it Litis Re∣nunciationem.

Non-tenure, Is an Exception to a Count, by saying, That he holdeth not the Land men∣tioned in the Count, or at least some part of it. Anno 25 Edw. 3. stat. 4. cap. 16. West, par. 2. Symb. tit. Fines, sect. 138. Mentions Non-tenure general, and Non-tenure special: This, is an Ex∣ception, alleaging that he was not Tenant the day whereon the Writ was purchased; General, is, where one denies himself ever to have been Tenant to the Land in question. See New Book of Entries, Aerbo, Non tenure.

Non sum informatus. See Informatus non sum.

Non sane memorie (Non sanae memoriae) Is an Exception taken to any Act, declared by the Plaintiff or Demandant to be done by an∣other, and whereon he grounds his Plaint or Demand: And the effect of it is, that the party that did that Act, was mad or not well in his wits when he did it, or when he made his last Will and Testament. See New Book of En∣tries, tit. Non sane memorie. See Non compos mentis.

Nones (Nonae) In March, May, July, and October, are the six days next following the first day, or the Calends. In other Moneths they are the four days next after the first; but the last of these days is properly called Nones, and the other reckoned backward, according to the number distant from the Nones, as the third, fourth, or fifth Nones. They are called Nones, because they begin the ninth day before the Ides. Dates of Deeds by Nones, Ides, or Calends is sufficient. 2 Inst. fol. 675.

Non-term (Non terminus) Is the time of Vacation between Term and Term. It was an∣ciently called The times or days of the Kings Peace. Lamb. Archa. fol. 126. And what these were in the time of King Edward the Confessor, see there. See Peace of God, and the Church. This time was called Justic••um or Feriae among the Romans, or dies nefasti. Ferias appellari notum est tempus illud, quod forensibus negotiis & jure dicendo vacabat. Brisson. de verb. signif. lib. 6.

Nook of Land (Noka terrae)—Universis pateat, quod ego Johanna quae fui uxor Walteri le Blount—tradidi—Henrico Adams u∣num Mes. & unam nokam terrae cum pertin. in villa de Momele, &c. Dat. apud Sodyngton, 5 Edw. 3.

Norroy (Quasi, North-Roy, The Northern King) The third of the Three Kings at Arms, whose Office lies on the Northside of Trent, as Clarentius on the South; and is mentioned in the Stat. 14 Car. 2. cap. 33. See Herald.

Notary (Notarius) Anno 27 Edw. 3. cap. 1. Is a Scribe or Scrivener that takes Notes, or makes a short draught of Contracts, Obligati∣ons, or other Instruments. Claus. 13 Edw. 2. m. 6. Schedula consuta eidem memb. de Notariis Imperialibus non admittendis.

Note of a Fine (Nota Finis) Is a Brief of a Fine made by the Chirographer, before it be engrossed: The form whereof see in West. par. 2. Symbol. tit. Fines, sect. 117.

Not guilty. See Non est culpabilis.

Novale (Ex Cartulario Abbathiae de Furnesse in Com. Lanc. in Officio Ducat. Lanc. fol. 41. b.)—Item nota quod Novale est ager nunc primum praecisus, ut extra verborum significationibus in∣novatae, ubi Glossa dicitur Novale, terra de Novo ad culturam redacta, cujus non extat me∣moria quod fuisset ibidem: Et quod Novale semel fuit, semper erit Novale, quoad decimarum re∣tentionem vel solutionem. Land newly ploughed or converted into Tillage.—Excepta decima Novalium cujusdam terrae, quam de novo exco∣luerunt Pat. 6 Edw. 3. pa. 1. m. 19.

Novel Assignment (Nova Assignatio) Is in an Action of Trespass, an Assignment of Time, Place, or such like, in a Declaration more particularly then it was in the Writ. Broke, tit. Deputy, num. 12. And Trespass. 122. See Assignment.

Noyles (Anno 21 Jac. cap. 18)—No person shall put any Flocks, Noyles, Thrums, Hair, or other deceivable thing into any broad Woollen Cloth, &c.

Nude Contract (Nudum Pactum) Is a bare Contract or Promise of a thing, without any consideration given therefore: Ex quo non ori∣tur Actio.

Nude Matter. See Matter.

Nummata terrae, Is the same with Dena∣riata terrae, by some taken to be an A••re. Scia∣tis me (Wil. Longespe) dedisse & concessisse Ecclesiae Sanctae Mariae de Walsingham & Cano∣nicis ibidem deo servientibus in perpetuam Ele••∣mosinam 40 Nummatas terrae in Walsingham, &c. See Fardingdele.

Nuncupative Will. See Will.

Nunn (Nonna) Signifies a holy or conse∣crated Virgin, or a Woman that hath by vow bound her self to a single or chaste life, in some place, or company of other Women, separa∣d

from the World, and devoted to a special Service of God, by Prayer, Fasting, and such like holy Exercises. Cowel.

Nuper obiit, Is a Writ, that lies for a Co∣heir, being deforced by her Coparcener of Lands or Tenements, whereof their Grand∣father, Father, Uncle, or Brother, or any other, their common Ancestor, died seised of an estate in Fee-simple. See the form of the Writ in Reg. of Writs, fol. 226. and Fitz. Nat. Br. fol. 197. If the Ancestor died seised in Fee-tail, then the Coheir deforced shall have a Formdon. Ibidem.

Nusance (from the Fr. nuire, i. nocere) Signifies not onely a thing done to the annoy∣ance of another in his free Lands or Tenements, but the Assize or Writ lying for the same. Fitz. Nat. Br. fol. 183. And this Writ De Nocumento or of Nusance, is either simply, De Nocumento or De parvo Nocumento; and then it is Vicoun∣tiel. Old Nat. Br. fol. 108. Britton (cap. 61. & 62.) calls it Nosance. Manwood (pa. 2. cap. 17.) makes three sorts of Nusance in the Forest; the first is, Nocumentum commune; the second, Nocumentum speciale; the third, Nocumentum generale, of which, read there. See Cokes fifth Report, Williams Case. Writs of Nusances, see the Stat. 6 Rich. 2. cap. 3. Now much turned in∣to Trespasses and Actions upon the Case.

O.

O. Ni.—The course of the Exchequer is, That as soon as a Sheriff enters into his account for Issues, Amerciaments, and Mean Profits, to mark upon his Head. O. Ni. which signifies Oneratur, nisi habeat sufficientem exonerationem, and presently he becomes the Kings debtor, and a Debet set upon his Head; whereupon the parties peravaile are become debtors to the Sheriff, and discharged against the King. 4 Inst. fol. 116.

Oale-gavel. See Gavelsester.

Oategavel. See Gavel.

Oath (Juramentum) Is a calling Almighty God to witness that the Testimony is true; therefore it is aptly termed Sacramentum, a Holy Band, a Sacred Tye, or Godly Vow. And it is called a Corporal Oath, because the party when he swears, toucheth with his right hand the Holy Evangelists or Book of the New Testament. Coke 3 Part. Inst. cap. 74. See the several Oaths of many of the Officers of this Kingdom in the Book of Oaths lately Printed. In a Deed of William de Elmham Knight, in French, Dat. 19 April, 49 Edw. 3. is this old fashioned Oath,—Promettant per la foye de mon Corps & de Chivalerie, que si Dieu moy voille mesnez en savete, &c. ieo delivera les avantditz sommez, &c. M S. Penes Will. Dugdale, Ar.

Obedientia, Was a Rent, as appears by Hotedens Annals, parte poster, fo. 430. Ut ergo eis, (scil. Regularibus) adimatur opportunitas eva∣gandi, prohibemus, ne reditus quos obedientias vocant, ad firmam tencant—In the Canon Law it is used for an Office, or the administrati∣on of it. Whereupon the word Obedientiales in the Provincial Constitutions is used for those who have the execution of any Office under their Superiors, ca. 1. de statu Regular. It may be some of these Offices called Obedientiae, con∣sisted in the Collection of Rents, or Pensions, and that therefore those Rents were by a Me∣tonymy called Obedientiae, quia colligebantur ab obedientialibus. Concil. Eboracens. Anno 1195.

Obit, (Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity, or an Office for the Dead, most commonly performed at the Fu∣neral, when the Corps lie in the Church unin∣terr'd: Also the Anniversary-Office. Croke 2 Part, fo. 51. Hollowayes Case. It was held 14 Eliz. Dyer 313. That the tenure of Obit, or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6.

Oblata, Properly Offerings. But, in the Exchequer it signifies old Debts, brought, as it were together from precedent years, and put to the present Sheriffs charge. See the Practice of the Exchequer, pa. 78, Also Gifts or Oblations made to the King by any of his Subjects; which were so carefully heeded in the Reigns of King John and Henry the Third, that they were en∣tred in the Fine Rolls under the Title Oblata; and, if not paid, estreated, and put in charge to the Sheriffs; concerning which, you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance, Sir Henry Spelmans Glossary, and Mr. Prins Aurum Re∣ginae.

Oblations, (Oblationes, in the Canon-Law are thus defined, Dicuntur quacunque pits fideli∣busque Christianis offeruntur Deo & Ecclesiae, sive res solidae sive mobiles sunt. See Spel. de Concil. To. 1. fo. 393. Anno 12 Car. 2. ca. 11.

Obligation, (Obligatio) Is a Bond con∣taining a penalty, with a condition annexed for payment of Money, performance of Cove∣nants, or the like; And a Bill is commonly without penalty, and without condition; yet a Bill may be Obligatory. Coke on Litt. fo. 172.

Obligor, Is he that enters into such an Ob∣ligation; and, Obligee is he to whom it is en∣tred into. Before the coming in of the Nor∣mans, (as we read in Ingulphus) Writings Ob∣ligatory were made firm with golden Crosses, or other small signs or marks; But, the Normans began the making such Bills and Obligations with a Print, or Seal in Wax, set to with every ones special Signet, under the express entitu∣ling of three or four Witnesses. In former time many Houses and Lands thereto passed by Grant and Bargain without Script, Charter, or Deed, only with the Landlords Sword or Hel∣met, with his Horn or Cup: yea, and many Te∣nements were demised with a Spur or Curry∣comb, with a Bow, or with an Arrow. See Wang.

Obolata terrae, Is (in the opinion of some Authors) half an Acre of Land; but others hold it to be but half a Perch. Thomasius sayes, Obolum terrae contains ten foot in length, and five in breadth. See Fardingdeal.

Obventions, (Obventiones) Offerings: 2 Inst. fo. 661. Also Rents, or Revenue, pro∣perly of Spiritual Livings. Anno 12 Car. 2. ca. 11.—Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis, &c. dedi—omnes obventiones, tam in deci∣mis majoribus & minoribus, quam in aliis rebus de assartis de Wigenoc & decimam pannagii & vena∣tionis de Wigenoc & de Rinsell, &c. MS. penes Will. Dugdale Ar.

Occupant. If Tenant per terme dauter vic dies, living cestuy que vie; he that first enters shall hold the Land during that other mans life, and he is in Law call'd an Occupant, because his title is by his first occupation. And so, if Te∣nant for his own life grant over his Estate to another, if the Grantee dies, there shall be an Occupant. Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part, fo. 11, 12.

Occupation, (Occupatio,) Signifies the put∣ting a man out of his Freehold in time of War, and is all one with Disseisin in time of peace, sa∣ving that it is not so dangerous, Coke on Litt. fo. 249. b. Also Use, or Tenure, as we say, such Land is in the Tenure or Occupation of such a Man, that is, in his possession or management. See Terre Tenant. Also Trade or Occupation. 12 Car. 2. ca. 18. But, Occupationes, in the Stat. de Bigamis, ca. 4. are taken for Usurpati∣ons upon the King; and, it is properly, when one usurpeth upon the King, by using Liberties or Franchises, which he ought not to have; As an unjust entry upon the King into Lands and Tenements, is called an Intrusion, so an unlawful using of Franchises is an Usurpation; but, Oc∣cupationes in a large sence, are taken for Pur∣prestures, Intrusions, and Usurpations. 2 Inst. fo. 272.

Occupavit, Is a Writ that lies for him, who is ejected out of his Land or Tenement in time of War; As, a Writ of Novel Dissesin lies for one ejected in the time of Peace.

Octave, (Octavus) The eighth day after any Feast inclusively. See Utas.

Octo tales. See Tales, & Brook tit. Octo Tales.

Odio & atia, (Anno 3 Ed. 1. ca. 11.) anciently called Breve de bono & malo, is a Writ sent to the under-Sheriff, to enquire, whether a Man, be∣ing committed to Prison, upon suspition of Murder, be committed upon Malice, or Ill-will, or upon just suspition. Reg. of Writs, fo. 133. b. See Bracton, lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia, or Hatya, for Hate, not Atia, quia Malitia est acida, as Sir Edw. Coke has it in his 9 Rep. fo. 506. and in 2 Inst. fo. 42. See Spel. on Atia.

Office, (Officium) Signifies not onely that Function, by vertue whereof a man has some employment in the affairs of another, as of the King, or other person; But also an Inquisition made to the Kings use of any thing by vertue of his Office, who enquireth. Therefore we of∣ten read of an Office found, which is such a thing found by Inquisition, made Ex Officio. In which signification 'tis used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog. fo. 60, & 61. where to Traverse an Office, is to Traverse an Inquisi∣tion taken of Office before an Escheator. And in Kitchin, fo. 177. to return an Office, is to ro∣turn that which is found by vertue of the Office. See also the new Book of Entries, verbo, Office pur le Roy; And this is by a Metonymy of the effect. In this signification there are two sorts of Offices issuing out of the Exchequer by Com∣mission, viz. An Office to entitle the King in the thing enquired of, and an Office of Instruction, which read in Cokes Rep. Pages Case.

Office in Fee, Is that, which a Man hath to him and his heirs, Anno 13 Ed. 1. ca. 25. Kitchin, fo. 152. See Clerk.

Oferhyrnesse & Overhernessa,—Si autem post Excommunicationem & satisfactionem vene∣rint, forisfacturam suam, quae Anglicè voca∣tur Oferhyrnesse seu Cahstite, pro unaquaque vocatione Episcopo suo reddant. Concil. Win∣toniae temp. Lanfranci Archiepis. Anno 1076. See Gloss. in x. Scriptores, verbo, Overhernessa.

Official, (Officialis) Signifies him, whom the Arch-deacon substitutes for the executing his Jurisdiction, as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law it is he, to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction; And, in this sence one in every Diocess is Officialis prin∣cipalis, whom our Statutes and Laws call Chan∣celor; the rest, if there be more, are by the Ca∣non-Law called Officiales foranci, but by us Com∣missaries. The word is also by some modern Civilians applyed to such as have the sway of temporal Justice.

Officiariis non faciendis vel amovendis, Is a Writ directed to the Magistrates of a Cor∣poration, willing them not to make such a man an Officer, and to put him out of the Office he hath, until enquiry be made of his Manners, ac∣cording to an Inquisition formerly ordained. Reg. of Writs, fo. 126. b.

Ofgangfordel.—Eantque (rei) ad triplex Judicium, quod Angli Ofgangfordel vocant. Constit. Canuti de Foresta, ca. 11.

Oleron Laws, or the Sea-Laws of Ole∣ron, So called, because they were made by King Richard the First when he was there, and relate to maritime affairs, Coke on Litt. fo. 260. b. This Oleron is an Island, which lies in the Bay of Aquitaine, at the Mouth of the River Charent, belonging now to the French King. See Seldens Mare Clausum, fo. 222, & 254. And Pryns Animadversions on 4 Inst. fo. 126.

Olympiad, (Olympias) The space of five years; by which King Ethelbert, in a certain Charter of his computed the years of his Reign—Consontiens, signo sanctae Crucis subscripsi in Olym∣piade 4 Regni mei. Spelm.

Onerando pro rata portionis, Is a Writ that lies for a Joint-tenant, or Tenant in Com∣mon, that is distreined for more Rent, then the proportion of his Land comes to. Reg. of Writs, fo. 182. b.

Onus importandi. i. The burden, or charge of importing, mentioned in the Stat. 12 Car. 2. Art. 28.

Onus probandi, i. The burden or charge of proving, Anno 14 Car. 2. ca. 11.

Open Law, (Lex manifesta, lex apparens) Is making of Law, which (by Magna Charta, ca. 28.) Bailiffs may not put men to, upon their own bare assertions, except they have wit∣nesses to prove their imputation. See Law.

Openthes, i. Open theft. Quaedam placita vel crimina emendari non possunt, quae sunt Hus∣brech, Bernet, Openthef, Eberemord, and Lafordswic, &c. LL. Hen. 1. ca. 13.

Ora—Egofrater Nigellus Dei gratia Abbas Ber∣toniae, dedi, in Capitulo nostro & omnes fratres mei mecum, terram de Ocovere, Ormae, hac conventione, ut unoquoque anno nobis xx oras persolvat, & pro∣inde factus est homo noster, &c sine dat. This was Saxon-Money, or Coin, which valued xvi d. a piece, and often found in Domesday.

Orchel, (Anno 1 Rich. 3. ca. 8.) Orchal, (Anno 24 Hen. 8. ca. 2. and 3 & 4 Edw. 6. ca. 2.) Seems to be a kind of Cork.

Ordeff, or Oredelf, (Effossio materiei metal∣licae vel ipsius metalli) from the Sax. Ore, Me∣tallum & delfan, Effodere, Is a word often found in Charters of Priviledges, and is taken for a liberty, whereby a Man claims the Ore found in his own ground. It properly signifies Ore, lying under-ground; As a Delf of Coal is Coal lying in veins under-ground, before it is digged up.

Ordel, (Sax. Ordoel. Lat. Ordalium,) Sig∣nifies great Judgment, from the Sax. Or, Mag∣num & deal, Judicium. It was used for a kind of Purgation practised in the time of Edward the Confessor, and since even to King John and Henry the Thirds time, whereby the party purged was judged, Expers criminis, called in the Ca∣non-Law, Purgatio vulgaris. LL. Edw. Conf. ca. 9. There were two sorts of it, one by Fire, another by Water; Liber per ferrum candens, rusticus per aquam. Glanv. lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second, and (to use Sir Ed∣ward Cokes words) Fuit ouste per Parliament, come appiert Rot. Paten. de Anno 3 Hen. 3. Membr. 5.

HEnricus (3) Dei Gratia Rex, &c. dilectis & fidelibus suis Philippo de Ulecot & Sociis su∣is Justiciariis itinerantibus in Comitatibus Cum∣berland, Westmerland, and Lancaster, Salutem. Quia dubitatum fuit & non determinatum ante inceptionem itineris vestri, quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio, Murdro, in∣cendio & hiis similibus, cum prohibitum sit per Ec∣clesiam Romanam Judicium Ignis & Aquae; Pro∣••isum est a Concilio nostro, ad praesens, at in hac Itinere, sic fiat de rectatis de hujusmodi excessibus, viz. Quod illi qui rectati sunt de criminibus prae∣dictis majoribus, & de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt (de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent) teneantur in Prisona nostra, & salvo custodiantur, ita quod non incurrant periculum vitae vel membrorum occa∣sione prisonae nostrae. Illi vero qui mediis crimini∣bus rectati fuerint & quibus competeret Iudicium Ignis vel Aquae, si non esset prohibitum, & de qui∣bus, si regnum nostrum abjurarent, nulla fuerit po∣stea male faciendi suspitio, Regnum nostrum abju∣rent. Illi vero qui minoribus rectati fuerint cri∣minibus, nec de eis fuerit mali suspitio, salvos & se∣curos plegios inveniant de fidelitate & pace nostra conservanda, & sic dimittantur in terra nostra. Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens, relinquimus discre∣tioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro, ut qui personas hominum, for∣mam delicti, & ipsarum rerum veritatem melius cognoscere poteritis, hoc Ordine secundum discretio∣nes & Conscientias vestras in hujusmodi procedatis. Et in cujus Rei Testimonium, &c. Teste Domino P. Wintoniensi Episcopo apud West. 26 die Ian. Anno regni nostri tertio. Per eundem & H. de Burgo Iusticiarium. See Spelman at large upon this subject, fo. 436. Coke, lib. 9. de Strata Marcella. and Sax. Dict.

Ordinance of the Forest, (Ordinatio Fore∣stae) Is a Statute made in the 34 year of Ed. 1. touching Forest-matters. See Assise.

Ordinary, (Ordinarius) Though in the Ci∣vil Law, whence the word is taken, it signifies any Judge that has authority to take Cognisance of Causes in his own right, as he is a Magi∣strate, and not by deputation; yet in our Com∣mon Law it is properly taken for the Bishop of the Diocess, or he that has ordinary Iurisdiction in Causes Ecclesiastical, immediate to the King and his Courts of Common-Law, for the better execution of Justice. Coke on Litt. fo. 344. West. 2. ca. 19.—31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5.

Ordinatione contra servientes, Is a Writ that lies against a Servant, for leaving his Ma∣ster against the Statute, Reg. of Writs, fo. 189.

Orfgild, (from the Sax. Orf, Pecus, & gild. Solutio vel redditio) A delivery or restitution of Cattel: But Lambert sayes, 'tis a restitution made by the Hundred or County, of any wrong done by one that was in pledge. Archa. pa. 125. or rather a penalty for taking away of Cattel.

Orfraies, (Aurifrisium) Frizled Cloth of Gold, made and used in England, both before and since the Conquest, worn by our Kings and Nobility, as appears by a Record in the Tower, where the King commands the Templers to deli∣ver such Jewels, Garments, and Ornaments as they had of His in keeping, among which he names Dalmaticum velatum de Orefreis. i. A Dalmatick, or Garment, guarded with Orfraies. And of old the Jacquets, or Coat-armors of

the Kings Guard were also termed Orfraies; because adorn'd with Goldsmiths work.

Orgallous, Rectius, Orguillous, (from the French Orgueil, i. Pride) Proud, Haughty, Lofty-minded. Art. against Card. Woolsey. 4 Inst. fo. 89.

Orgeis, (Anno 31 Edw. 3. Stat. 3. ca. 2.) Is the greatest sort of North-sea-fish; (for the Statute says, They are greater then Lob-fish) In these dayes called Organ Ling, which is a cor∣ruption from Orchney, the best being taken near that Island.

Originalia, In the Treasurers Remembrancers Office in the Exchequer, are Records, or Trans∣cripts sent thither out of the Chancery; and are distinguish'd from Recorda, which contain the Judgments and Pleadings in Sutes tryed be∣fore the Barons.

Ortelli, Signifies the Claws of a Dogs foot, from the Fr. Orteils des peids, i. Digiti pedum, the Toes. 'Tis used in Pupilla oculi, Chap. de Char. Forest. par. 5. ca. 22.

Osmonds, (Anno 32 Hen. 8. ca. 14. and I find in Spelmans Gloss. mention of a last of Os∣monds;) Is that Oar, or Iron-Stone, of which Iron is made, and it seems was anciently brought into England.

Ouch, (Anno 24 Hen. 8. ca. 13.) A kind of Collar, or Neck-lace of Gold, or such like or∣nament, worn by women about their necks: Sometimes used for a boss or button of Gold.

Ouersamessa Si quis furi obviaverit, & sine vo∣ciferatione gratis eum dimiserit, emendet secundum Weram ipsius furis, vel plena lada se adlegiet, quod cum eo falsum nescivit: si quis audito cla∣more supersedit, reddat Ouersamessa regis, aut plene se laidiet. Lib. rub. ca. 36. This seems to have been an ancient Penalty or Fine (before the Statute for Hue and Cry) laid upon those, who, hearing of a Murder or Robbery, did not pursue the Malefactor. 3 Inst. fo. 116. and to be the same, which is elsewhere written Over∣segenesse, and Ouersenesse. See Gylt∣wite.

Ouelty of services, Is equality of servi∣ces; as, when the Tenant paravail owes as much to the Mesn, as the Mesn does to the Lord Pa∣ramount. Fitz. Nat. Br. fo. 136. So Owelty of partition. Coke on Litt. fo. 169.

Overt-act, (Apertum factum) An open, plain, evident act, 3 Inst. fo. 12. which must be manifestly proved.

Overt word, (An. 1 Mar. Sess. 2. ca. 3.) An open, plain word; from the Fr. Ouvert:

Ouster le main, (Fr. Oster la main, i. To take off the hand) Signifies a Livery of Lands out of the Kings hands, or a Judgment given for him that Traversed, or sued a Monstrance le droit; For, when it appear'd, upon the mat∣ter discussed, that the King had no right nor title to the Land he seised, Judgment was given in Chancery, that the Kings hands be amoved, or taken off, and thereupon Amoveas manum was awarded to the Escheator, to restore the Land, &c. Stamf. Praerog. ca. 24. It is written Oter le maine, 25 Hen. 8. ca. 22. But now all Ward∣ships, Liveries, Primerseisins, and Ouster le∣mains, &c. are taken away and discharged by 12 Car. 2. ca. 24.

Ouster le mer, (Fr. Oultre. i. Ultra, & le mer, mare,) Is a cause of excuse, or essoin, if a man appear noti in Court upon Summons, for that he was then beyond the Seas. See Es∣soin.

Ousted, (From the Fr. Oster, to remove, or put out) As, ousted of the possession, (Pecks Case. Mich. 9. Car. 1. 3 Part Crokes Rep. fo. 349.) that is, removed, or put out of possession.

Outfangthef, (from the Sax. Ut, i. Extra, Fang, i. Capio vel Captus & theof, i. Fur, quasi fur extra captus,) Is a liberty or priviledge, whereby a Lord is enabled to call any man (dwelling in his Fee, and taken for Felony in another place,) to Judgment in his own Court. Rastals Expos. of Words. Anno 1 & 2 Ph. & Ma. ca. 15. Per Outfangthef Edwardus Sutton miles Dominus de Dudley, &c. clamat quod quan∣doque aliquis latro, qui est homo ipsius Edwardi de Dominio suo praedicto, de aliqua felonia con∣victus fuerit, pro qua suspendi debeat, in quacun∣que Curia idem felo sit convictus; ducatur ad fur∣cas ipsius Edwardi per Ministros suos, & ibidem suspendatur. Pl. in Itin. apud Cestriam. 14 Hen. 7.

Outlaw, (Sax. Utlaghe. Lat. Utlagatus.) Significat bannitum extra legem. Fleta, lib. 1. ca. 47. one deprived of the benefit of the Law, and out of the Kings protection. Forisfacit ut∣lagatus omnia quae pacis sunt; quia a tempore quo utlagatus est caput gerit lupinum, ita quod ab om∣nibus intersici possit & impune; maxime si se defenderit vel fugerit, &c. Bracton, lib. 3. Tract. 2. ca. 11. num. 1, & 3. see Utlary. But, in the beginning of Edward the Thirds Reign, it was resolved by the Judges, that it should not be lawful for any man, but the Sheriff onely, (ha∣ving lawful warrant therefore) to put to death any man Outlawed. Coke on Litt. fo. 128. b. See Capias utlagatum.

Outparters, (Anno 9 Hen. 5. ca. 8.) A kind of Theeves in Ridesdale, that took Cattel or other Booty without that liberty: Others think they were such as lay in wait for robbing any Man or House. See Intakers.

Out-riders, Are Bailiffs errant, employ'd by Sheriffs, or their Deputies, to ride to the far∣thest places of their Counties or Hundreds, with the more speed to Summon persons into their County, or Hundred Courts. Anno 14 Edw. 3. Stat. 1. ca. 9.

Owelty. See Ouelty.

Oxgang of Land, (Bovata terrae) is com∣monly taken for fifteen Acres; Six Oxgangs of Land are as much as six Oxen will Plough. Cromp. Jurisd. fo. 220. Bovatus terrae, i. Quan∣tum sufficit ad iter vel actum unius bovis. Ox enim est bos: gang vel gate, iter, See Coke on Litt. fo. 69. a.

Oyer and Terminer, (Fr. Ouir & Termi∣ner) Is a Commission especially granted to cer∣tain persons, for the hearing and determining one or more causes. This was wont in former

times to be only in use upon some sudden Out∣rage or Insurrection in any place. See Cromp. Jurisd. fol. 131. and Westm. 2. cap. 29. who might grant this Commission. And Fitz. Nat. Br. fol. 100. for the form and occasion of the Writ, and to whom it is to be granted. And Brook hoc titulo. A Commission of Oyer and Terminer is the first and largest of the five Commissions, by which our Judges of Assise do sit in their several Circuits. See Assise. In our Statues it is often Printed Oyer and Deter∣miner. See 4 Inst. fol. 162.

Oyer de Record (Audire Recordum) Is a Petition made in Court, that the Judges for better proof sake, will be pleased to hear or look upon any Record. So likewise to demand Oyer of a. Bond, Deed, or Covenant.

O Yes (a corruption from the Fr. Oyez, i. Hear ye) Is well known to be used by the Cryers in our Courts, when they make Procla∣mation of any thing.

P.

PAagium. Matth. Paris, fol. 769. Fecit equos meos & homines restare donec Paagium ex∣torsisset. Passagium, scil. sive telonium ex∣actum pro transitu per alterius ditionem, says the Glos.

Pack of Wool is a Horse-load, Which consists of Seventeen Stone, and two pound. Fleta, lib. 2. cap. 12. See Sarplar.

Packers (Anno 15 Car. 2. cap. 14.) Are those that barrel or pack up Herrings, and they are to be sworn to do it according to the said Statute.

Packing Whites (Anno 1 Rich. 3. cap. 8.) A kinde of Cloth so called.

Pacification (Pacificatio) Anno 17 Car. 1. cap. 17. A peace-making, quieting, or appea∣sing; relating to the Wars betwixt England and Scotland, Anno 1638.

Padnage. The same with Pannage. In Charta Regis Hen. 1. Ecclesiae S. Martini de Bello.

Pagaments. A sort of Frize-cloth so cal∣led; I finde it in the Journal Book of the Lords House of Parliament, in a Statute of 1 Eliz. not Printed.

Pain fort & dur (Fr. Peine fort & dure) Signifies an especial punishment for those, that being arraigned of Felony, refuse to put them∣selves upon the ordinary tryal of God and the Countrey, and thereby are mute, or such in Interpretation of Law. This is founded upon Westm. 1. cap. 12. Note, that this strong and hard pain shall be in this manner in∣flicted.

HE shall be sent back to the Prison whence he came, and laid in some low, dark House, where he shall lie naked on the Earth, without any Litter, Rushes, or other Clothing, and without any Rayment about him, but onely something to cover his Privy-members; and he shall lie upon his Back with his Head covered and his Feet; and one Arm shall be drawn to one quarter of the House with a Cord, and the other Arm to another quar∣ter; and in the same manner it is to be done with his Legs, and then there is to be laid upon his Body Iron and Stone, so much as he may bear or more; and the next day following, he is to have three Morsels of Barley-bread without Drink, and the second day Drink three times, and as much at each time as he can drink of the Water, next to the Prison door, except it be Running Wa∣ter, without any Bread: And this is to be his Diet until he die. Stamf. Pl. Cor. lib. 2. cap. 60.

Pais. (Fr.) A Countrey or Region. Trial per pais, quod non intelligendum est de quovis populo, sed de Compagensibus, hoc est, eorum qui ex eodem sunt Comitatu, quem majores nostri pagum dixere, & incolas ind•• Pais; g in i vel y converso. Spelmans Glossar.

Palatin. See County Palatine.

Palfrey (Palfredus, Palafredus, & Palefri∣dus, Fr. Palefray) Insignioris equi genus, nempe qui ad pompam aut honorem vectorum manu duci∣tur, vulgo Palfrey, ex Gal. Par le frain. And sometimes of old taken for a Horse for a Wo∣mans Saddle. W. Fauconberge tenebat Manerium de Cukeney in Com. Nott. in Sergientia, per ser∣vitium ferrandi (of shooing) Palefredum Regis, quando Rex venerit ad Mansfeld; says Camden, out of an ancient Inquisition. See Coke on Litt. fol. 149.

Palfrey-silber.—Custumam ibidem (i. at Belvoir Castle) vocat. Palfrey-silber, quae levari debet annuatim de Villis de Bot••lc••ford Normanton, Herdeby, &c. & aliis Hamlettis. Eschaet. 23 Edw. 3. Post mortem Gul. de Roos de Hamlake.

Palingman. (Anno 22 Edw. 4. cap. 23. and 11 Hen. 7. cap. 23.) Seems to be a Merchant Denizen; one born within the Eng∣lish Pale.

Palls (Anno 25 Hen. 8. cap. 20.) Are Pon∣tificial Vestures made of Lambs Wool, in bredth not exceeding three Fingers, and having two Labels hanging down before and behinde, which the Pope gives or sends to Archbishops and Metropolitans, who wear them about their necks at the Altar, above their other Orna∣ments. The Pall was first given to the Bishop of Ostia by P. Marcus the Second, Anno 336. And the Preface to an ancient Synod here in Eng∣land, wherein Odo, Archbishop of Canterbury pre∣sided, begins thus—Ego Odo humilis & extre∣mus, divina largiente clementia, almi Praesulis & Pallii honore ditatus, &c. Seldens Hist. of Tithes, p. 217.

Palmestry (Anno 1 & 2 Phil. & Ma. cap. 4.) A kinde of Divination practised by look∣ing on the Lines and Marks of the Fingers and Hands; a deceitful art used by Egyptians, men∣tioned in the said Statute, and there misprinted Palmystry.

Palmata. A handful Johannes Dei gratia, Rex Angliae. Sciatis no•• pro amore Dei conces∣sisse—Leprosis S. Egidii de Salopesbirid, quod habeant Palmatas bladi & farin•• de omni∣bus saccis, qui cum blado & farina exponuntur ad vendendum in morcato Salopeshiriae, tam diebus mercati quam aliis, sicut eas habuerunt tempore Hen. Regis, Patris nostri, de dono & elemosyna ejusdem Regis, sc. de unoquoque sacco bladi Palmatam duarum manuum, & de sacco farinae, palmatam unius manus, sicut eas habue∣runt de dono & elemosyna praedicti Regis, dicbus suis, & sicut eas modohabent & habore debent. Quare volumus, &c. Dat. per manum S. Praepositi Beverlaci & Archid. Wellensis apud Wude∣stoke xix. die Marcii anno Regni nostri quinto.

Pandoxatrix.—Item utimur de Pandoxa∣tricibus, quod nemo potest brasiare sive pandox∣are in Villa & Burgo nostro, nisi per redemptio∣nem aliquam factam ad voluntatem Comburgen∣sium nostrorum, & si talis Pandoxatrix brasia∣verit & Assisam Domini nostri Regis in Burgo & Villa positam & Proclamatam fregerit; Tunc debet per Balivos amerciari ad voluntatem Bali∣vorum nostrorum, & non per pares suos primo & secundo, & si tercia Vice Assisam fregerit, debet capi per Balivos Capitales, & publice Duci ad locum ubi situatur le Gogingstole, & ibi debet eligere unum de duobus, viz. An velit le Go∣gingstole ascendere, an illud judicium redimere ad voluntatem Balivorum. Ex Codice MS. de Legibus, Statutis & Consuetudinibus liberi Burgi Villae de Mountgomery, a tempore Hen. 2. fol. 12. b. In Goldmans Dictionary, I finde Pandox, for a Drunkard, or Swilbowl, and Pandoxa∣torium, a Brew-house: But Pandoxatrix here seems to signifie an Ale-wife, that both brews and sells Ale or Beer.

Panel. (Fortescu de legibus Angl. cap. 25. And Coke on Littl. pag. 158. b. write it Panel∣lum in Latine; but Sir H. Spelman says, Hoc minus congrue, and deduces it from Pagella, g in n transeunte, sic veteres quidam mannificat pro magnificat) A Schedule or Page; as a Panel of Parchment, or a Counterpane of an Inden∣ture: But it is used more particularly for a Schedule or Roll containing the names of such Jurors, as the Sheriff returns, to pass upon any Trial. Reg. of Writs, fol. 223. a. Kitchin, fol. 226. And the Empanelling a Jury, is the en∣tring their names by the Sheriff into a Panel, or little Schedule of Parchment, in Panello Assizae. Anno 8 Hen. 6. cap. 12.

Haud recte D. Coke in Gloss. ad Littl. sect. 234. who says, Panel is an English word, and signifies a little part; for a Pane is a part, and a Panel is a little part, &c. Thus Spelman on the word Panella.

Pannage or Pawnage (Pannagium, Fr. Panage & Pasnage) Signifies alimentum, quod in Sylvis Colligunt pecora, ab arboribus dilap∣sum, as Mast of Beech, Acorns, &c. Also the Money taken by the Agistors for the Food of Hogs, with the Mast of the Kings Forest. Cromp. Jurisd. fol. 155. Westm. 2. cap. 25. Pawnage (says Manwood, is most properly the Mast of the Woods or Hedg-rows, or the Money due to the owner of the same for it. And Linwood de∣fines it thus, Pannagium est pasius pecorum in nemoribus & in sylvis, utpote de glandibus & aliis fructibus arborum sylvestrium, quarum fructus aliter non solent colligi. Tit. de Decimis. Men∣tioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos, eat unum porcum de Pasnagio. Domesday, tit. Leominstre in heresscire. This word in ancient Charters, is thus variously written, Pannagium, Panagi∣um, Pasnagium, Pathnagium, Patnagium, and Paunagium.

Pape (Papa, from the old Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, signifying a Father) Was anciently applied to some Clergy-men in the Greek Church; but by usage is particularly appropriated in the Latin Church to the Bishop of Rome, otherwise called the Pope. A name very frequent in our ancient Year Books, especially in the times of those Kings, who, too much abandoning their Impe∣rial Authority, suffered an Outlandish Bishop, that dwelt. One thousand miles off, to take from them the disposition of many Spiritual Prefer∣ments, sometimes by Lapse, sometimes by Pro∣vision, or otherwise. For redress whereof di∣vers Statutes were made, whilest this Kingdom was of the Roman Communion; but his whole power was not taken away here, till towards the later end of Henry the Eighth's Reign.

Parage (Paragium.) See Parcinerie.

Paramount (Compounded of two French words, Par, i. per, and monter, ascendere) Sig∣nifies the highest Lord of the Fee. For there may be a Tenant to a Lord, that holds over of another Lord; the first is called Lord Mesn, the second Paramount. Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount, but onely the King; for he is Pa∣tron Paramount to all the Benefices in England. Doctor & Student, cap. 36. See Mesn.

Paraphanalia (in the Civil Law Parapher∣nalia) Are those Goods which a Wife, besides her Dower or Joynture, is after her Husbands death, allowed to have; as furniture for her Chamber, wearing Apparel, and Jewels, if she be of quality: Which are not to be put in∣to her Husbands Inventary, especially in the Province of York. See Touchstone of Wills, fol. 201.

Parabail (quasi, per-availe) Signifies the lowest Tenant, or him that is immediate Tenant to the Land; and he is called Tenant Paravail, because it is presumed he hath prosit and avail by the Land. 2 Inst. fol. 296. See 9 Rep. Cony's Case.

Parcella terrae, A parcel or small peece of Land. Sciant—quod ego Stephanus Wington de Bromyord Dedi—Roberto de Donampton, pro triginta solidis argenti unam parcellam terrae meae cum pertinen: jacen: in Bromyord, &c. Sine Dat.

Parcel-maker. Is an Officer in the Ex∣chequer that makes the parcels of the Escheators accounts, wherein the Escheators charge them∣selves with every thing they have levied for

the Kings use, since they came in Office, and deliver the same to one of the Auditors of the Court, to make up the Escheators account therewith. See Practice of the Exchequer, pag. 99.

Parceners (quasi, Parcellers, i. Rom in Parcellas dividens. See Coparceners.

Parcinerie (Participatio, from the Fr. Partir, i. Dividuum facere.) Signifies a holding of Land Pro indiviso, or by Joyntenants, other∣wise called Coparceners: For, if they refuse to divide their common inheritance, and chuse rather to hold it joyntly, they are said to hold in Parcinery. Littl. fol. 56 & 57. In Domesday it is thus said, Duo fratres tenuerunt in Para∣gio, quisque habuit aulam suam, & potuerint ire quo voluerint.

Pardon (Fr.) Is most commonly used for the remitting or forgiving a Felonious, or other offence committed against the King, and is twofold; one Ex gratia Regis, the other, Per cours de ley. Stamf. Pl. Cor. fol. 47. The first is that, which the King, in some special regard of the person, or other circumstance, gives, by his absolute Prerogative or Power. The other is that which the King granteth, as the Law and Equity perswades, for a light offence; as Ho∣micide casual, when one kills a Man, having no such intent. See New book of Entries, verbo, Pardon.

Park, (Parcus) Fr. Parc.) Is a quantity of ground enclosed, and stored with wild beasts, tam sylvestres, quam campestres; which a man may have by prescription, or the Kings Grant. Crom. Juris. fo. 148. A Park differs from a Chase or a Warren; for, a Park must be enclo∣sed: if it lie open, it is a good cause of sei∣sure of it into the Kings hands, as a free Chase may be if it be enclosed; and, the owner cannot have an Action against such as hunt in his Park, if it lie open. See Forest.—Guliel. Conq. liberam fecit Ecclesiam de Bello de opere Parco∣rum. Spel. vide 13 Car. 2. ca. 10.

Parco fracto, Is a Writ that lies against him, who violently breaks a Pound, and takes out Beasts thence, which for some trespass done were lawfully impounded. Reg. of Writs, fo. 166. and Fitz. Nat. Br. fo. 100.

Park-bote, Is to be quit of enclosing a Park, or any part thereof. 4 Inst. fo. 308.

Parish, (Parochia) Signifies the precinct, or territory of a Parish-Church, and the par∣ticular charge of a secular-Priest; For, every Church is either Cathedral, Conventual or Paro∣chial. Cathedral is, where there is a Bishop seated, so called a Cathedra; Conventual con∣sists of Regular Clerks, professing some Order of Religion, or of Dean and Chapter, or other Society of Spiritual men; Parochial is that, which is instituted for the saying of Divine-Service, and Ministring the Holy-Sacraments to the People dwelling within the Parish, or a certain compass of ground, and certain Inhabi∣tants belonging to it. Our Realm was first di∣vided into Parishes by Honorius Arch-bishop of Canterbury, in the year of our Lord 63••. Cam. Brit. pa. 160. who reckons 9284 Parish-Churches under Bishops in England, but other Authors differ in the number.

Parle-hill. Collis vallo plerunque munitus in loco campestri, ne insidiis exponatur, ubi conve∣nire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas & terminandas. Scotis reor Grith-hail. q. Mons pacificationis, cui A∣syli privilegia concedebantur. Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia fre∣quentes vidimus, the Parle and Parling-hills. Spel.

Parliament, (Parliamentum, from the Fr. Parler, loqui) Is the great Assembly of this Kingdom, consisting of the King and the three Estates of the Realm, viz. The Lords Spiritual, the Lords Temporal, and the Commons, for the Debating of Matters touching the Common∣wealth, and especially the making and correct∣ing Laws; which Assembly or Court is of all other the highest, and of greatest Authority, as you may read in Sir Tho. Smith de Repub. Angl. & Cam. Britan. pa. 112. Si vetustatem spectes, est antiquissima, si dignitatem, est honora∣tissima, si jurisdictionem, est capacissima. Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst. ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae. As in an ancient Charter of King John—Nullum Scutagium vel auxilium po∣nam in regno nostro, nisi per Commune Consilium regni nostri, &c. The first Parliament in Eng∣land, (according to Sir Richard Baker,) was held at Salisbury 19 April, 16 Hen. 1. But see Cottoni Post••um••, fo. 15. and 2 Inst. fo. 268. where there is mention of Parliaments held long before that time.

The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the af∣fairs of his Monastery. Croylandensis libri haec sunt verba,—Concessimus etiam tunc Scrienti∣um nostrae Ecclesiae Semanno de Lek; qui veniens coram Conventu, in nostro publico Parliamento, si∣militer juramentum prestitit, quod fidus & fidelis nobis existerit, & Officium, &c. And at this day the Community of the two Temples, or Inns of Court, do call that Assembly, A Parliament, wherein they consult of the common affairs of their several Houses. See Crom. Jurisd. fo. 1. See Royal assent.

Parliamentum insanum, (so called in Hi∣story) was a Parliament held at Oxford, Anno 41 H. 3. MS. in Bibl. Cotton sub tit. Vitellius. C. 9.

Parliamentum indoctorum, Was a Parlia∣ment held at Coventry, 6 Hen. 4. Whereunto, by special precept to the Sheriffs, in their seve∣ral Counties, no Lawyer, or person skill'd in the Law, was to come; and therefore it was so cal∣led: Walfingh. pa. 412. n. 30. Rot. Parl. 6 Hen. 4.

Parol, (Fr.) Is used in Kitchin, fo. 193. for a Plea in Court; and being joyn'd with Lease, as Lease parol, or Lease per parol, is, a Lease

by word of mouth, contradistinguish'd from one in writing.

Parson, (Persona) Signifies the Rector of a Church; because he for his time represents the Church, and susteins the person thereof, as well in suing, as being sued in any action touching the same. See Fleta, lib. 9. ca. 18. Charta Hu∣gonis Pusac, (alias Pudsey & de Puteaco) tem∣pore Hen. 2. Hugo dei Gratia Dunelmensis Epis∣copus omnibus Archidiaconis suis Clericis & lai∣cis Episcopatus sui salutem. Sciatis nos ad Prae∣sentationem Roberti Capellani in Ecclesiam de Witefield, quae in feudo suo sita est, Canonice impersonasse Robertum nepotem suum. Quare volumus & praecipimus quatenus idem Robertus habeat & teneat Ecclesiam praenominatam libere & quiete, tam in decimis quam in caeteris obventio∣nibus, sicut aliqui Clerici liberius & quietius in Episcopatu nostro Ecclesias suas teneant; Salvis in omnibus Episcopalibus consuetudinibus. Testi∣bus, &c. Endorsed thus, Praesentatio Roberti de Quitefeld.

Parson imparsonee, (Persona impersonata) Is the Rector that is in possession of a Church Parochial, be it presentative or impropriate, and with whom the Church is full; For, in the New Book of Entries, verbo, Ayd in Annuity, you have these words, Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. im∣personata in eadem ad praesentationem F. Patro∣nissae, &c. So that Persona seems to be the Pa∣tron, or he that has right to give the Benefice, by reason, that before the Later an Councel, he had right to the Tythes in respect of his libera∣lity in erecting or endowing the Church, Qua∣si sustineret personam Ecclesiae; & Persona im∣personata, he to whom the Benefice is given in the Patrons right. For, in the Reg of Writs judicial, fo. 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated; and Dyer, fo. 40. num. 72. sayes a Dean and Chapter, are Parsons imperso∣nees, of a Benefice appropriated to them; who also (fo. 221. num. 19.) plainly shews, that per∣sona impersonata is he that is inducted, and in possession of a Benefice. So that Persona seems to be termed impersonata, onely in respect of the possession he has of the Benefice or Rectory, be it appropriate or otherwise, by the act of ano∣ther, Coke on Litt. fo. 300. b.

Parters of Gold and Silver. See Fi∣nors.

Partes Finis nihil habuerunt, &c. Is an Exception taken against a Fine levied. Cokes Rep. lib. 3. Case of Fines.

Particata terrae. See Perticata terrae.

Partitione facienda, (Anno 31 Hen. 8. ca. 1.) Is a Writ that lies for those, who hold Lands or Tenements pro indiviso, and would se∣ver to every one his part, against him or them that refuse to joyn in partition, as Coparceners, or Tenants in Gavelkind. Old Nat. Br. fo. 142. Fitz. Nat. Br. fo. 61. and New Book of Entries, verbo Partition.

Dorset. Placita de Juratis & Assis. Anno 16 Edw. 1. Motingh.

EDwardus Kaynel, Maria filia Roberti de Cam∣ma, Johannes Bereset & Matilda uxor ejus & Johanna soror ejusdem Matildae petunt versus Jo∣hannem Alfrith de Warham unum Toftum cum pertin in Warham, de quo Johannes Gerard, con∣sanguineus predictorum Edwardi, Mariae, Matildae & Johannae cujus heredes ipsi sunt, fuit scifitus in dominico suo, ut de feodo, dic quo obiit, &c. unde dicunt, &c.

Et Johannes venit & dicit, quod tenementa in Warham sunt partibilia inter masculos & femel∣las, & dicit quod praedictus Edwardus habet quas∣dam Gunnoram, Matildam, Christianam, Albre∣dam & Eufemiam sorores & participes ipsius Ed∣wardi & aliorum petentium, & quae tantum jus habent in re petita sicut, &c. & quae non nominan∣tur in brevi, &c. & Edwardus & alii non pos∣sunt hoc dedicere: Ideo consideratum est quod praedictus Johannes eat inde sine die, &c.

Partie-Jury, (Anno 14 Car. 2. ca. 11.) See Medictas linguae.

Partlet, (Anno 24 Hen. 8. ca. 13.) Was a kind of Band to wear about the necks both of Men and Women, now out of use.

Parvise. See Pervise.

Parvo nocumento, Is a Writ. See Nu∣sance.

Paschal Rents, Are rents or yearly tri∣butes paid by the inferior Clergy to the Bishop or Arch-Deacon at their Easter-Visitation; cal∣led also Synodals, which vide.

Passage, (Passagium) Is a French word sig∣nifying transitum, meatum. In the Statutes 4 Edw. 3. ca. 7. and Westm. 2. ca. 25. It signi∣fies the hire that a man pays for being tran∣sported over-Sea, or over any River. Charta, Hen. 1. de libertat. London.—Et omnes res corum per totam Angliam, & per portus maris de Theolonio & Passagio & Lastagio, & omnibus ali∣is consuetudinibus. Per Passagium clamat esse quiet. de omnibus passagiis in Com. Cestriae & Flint pro omnibus carectis, cariag. equis, servientibus & summagiis suis oneratis. Pl. in Itin. apud Ce∣striam, 14 Hen. 7.

Pascua. See Pasture.

Pascuage, (Pascuagium, Fr. Pascage,) Gra∣sing, Feeding, or Pasturing of Cattel.—Et habere viginti porcos quietus de pascuagio, & fua∣lium ad panem suum & ad cibos coquendos, &c. Carta Ric. de Muntfichet Priorat•• de Tremhale in Mon. Angl. 2 par. fo. 23. 2. Also the same with Pannage.

Passagio, Is a Writ directed to the Keep∣ers of the Ports, to permit a man to pass over Sea, who has the Kings Licence. Reg. of Writs, fo. 193. b.

Passe-port, (compounded of two French words, Passer, i. Transire; & Port, i. Portus,) Signifies a Licence granted by any person in Authority, for the safe passage of any Man. from one place to another. Anno 2 Ed. 6. ca. 2

Pasture, (Pastura)—Differunt Pascua & Pastura; nam Pastura omne genus pascendi sig∣nificat, sive fiat in pratis, sive in stipula, sive in agris, sive in campis; sed pascua est locus principaliter deputatus pecoribus pascendis, ut puta in montibus, moris, mariscis & planis non cultis nec aratis. Lindewode, lib. 3. Provin. Angl. tit de Decimis, cap. 1. Quoniam.

Patents, (Literae patentes,) Differ from Writs, Crom. Jur. fo. 126. The Coroner is made by Writ, not by Patent. See Letters Pa∣tent in the Table of the Register, where you shall find the form of divers.

Patentee, Is he, to whom the King grants his Letters-Patent, Anno 7 Ed. 6. ca. 3.

Patria, Pro Compagensibus. Sic in Legum formulis, ubi dicitur inquiratur per Patriam. Et Assisa vel recognitio per Assisam, idem est quod recognitio Patriae. See Bona patria.

Patron, (Patronus,) Both in the Canon and Common Law, signifies him that has the gift of a Benefice; because the gift of Churches and Be∣nefices originally belonged to such good men, as either built them, or endowed them with some great part of their revenue. Patroni in Jure Pontificio dicuntur qui alicujus Ecclesiae ex∣truendae, aut alterius cujuscunque fundationis Ecclesiasticae Authores fuerunt, ideoque praesen∣tandi & offerendi Clericum jus habent, quem Ecclesiae vacanti praeesse, & in ea collatis redditi∣bus frui velint, &c. Corasius in Paraphr. ad Sacerdot. Materiam. Par. 1. cap. 2. & Par. 4. cap. 6. Patron in the Civil Law is used for him that hath manumitted a servant; and with the Feu∣dists it is used pro authore feudi. Hottoman, verbo, Patronus.

Paviage (Rot. Pat. 10 Edw. 3. m. 32.) Money paid towards the Paving of Streets or High-ways.

Pawnage. See Pannage.

Pax Dei. See Peace of God.

Pax Ecclesiae, Dicitur, cum salva sunt Ec∣clesiae omnia Privilegia & immunitates, servi, fa∣muli, ministri, &c. Vide LL. Edw. Confess. cap. 8.

Pax Regis, The Kings Peace.—Nam longe dehet esse Pax Regis a parte sua, ubi re∣sidens fuerit a quatuor partibus loci illius, hoc est quatuor miliaria & tres quarentenae, & novem acrae latitudine, & novem pedes, & novem palmae, & novem grana hordei. Multus, &c. LL. Edw. Confess. cap. 12. & LL. Hen. 1. See Peace of the King.

Peace (Pax) In the general signification is opposite to War or Strife; but particularly with us, it signifies a quiet and inoffensive car∣riage or behavior towards the King and His people. Lamb. Eiren. lib. 1. cap. 2. pag. 7. Where any Man goes in danger of harm from another, and makes oath of it before a Justice of Peace; he must be secured by good Bond, which is called Binding to the Peace. See Cromptons Just. of Peace, fol. 118. usque 129. And see Frank-pledge and Conservator of the Peace Time of Peace, is when the Courts of Justice are open, and the Judges and Ministers of the same may by Law protect Men from wrong and violence, and distribute Justice to all. Coke on Littl. fol. 249. b.

Peace of God, and the Church (Pax Dei & Ecclesiae) Was anciently used for that rest and cessation, which the Kings Subjects had from trouble and sute of Law between the Terms. See Vacation. Pax Dei, Tempus dicitur cultui divino adhibitum, eaque appellatione omnes Dies Dominici festa & Vigiliae censentur. Spel.

Peace of the King (Pax Regis) Anno 6 Rich. 2. stat. 1. cap. 17. Is that Peace and Se∣curity, both for Life and Goods, which the King promiseth to all His Subjects, or others, taken to his Protection. See Suit of the Kings Peace. There is also the Peace of the Church, for which see Sanctuary, and the Peace of the Kings High-way, which is the immunity that the Kings High-way hath from annoyance or molestation. See Watling-street. The Peace of the Plough, whereby the Plough and Plough-Cattle are secured from Distresses; for which, see Fitz. Nat. Br. fol. 90. So Fairs may be said to have their Peace; because no Man may in them be troubled for any Debt, elswhere con∣tracted.

Pectorel (14 Car. 2. cap. 3.) Armor for the Brest, a Brest-plate, or Petrel; from the Lat. Pectus, a Brest.

Peculiar (Fr. Peculier, i. private, proper, ones own) Is a particular Parish, or Church, that hath jurisdiction within it self, for Probat of Wills, &c. exempt from the Ordinary and Bishops Courts. The Kings Chappel is a Regal Peculiar, exempt from all Spiritual Jurisdicti∣on, and reserved to the Visitation, and imme∣diate Government of the King himself, who is supream Ordinary. It is an ancient Privi∣ledge of the See of Canterbury, that whereso∣ever any Mannors or Advowsons do belong to it, they forthwith become exempt from the Ordinary, and are reputed Peculiars, and of the Diocess of Canterbury.

Pecunia was anciently used for Cattle, and sometime for other Goods, as well as Money.—Interdicimus etiam ut nulla viva Pecunia vendantur aut emantur, nisi infra civitates, & hoc ante tres fide les testes. Emendat. Wil. 1. ad Leges Edw. Confess.—Qui habuerit 30 de∣nariatus vivae Pecuniae. And in Domesday, Pe∣cunia is often used pro Pecude.

Pedage (Pedagium & Pedaticum) Signifies Money given for the passing by Foot or Horse through any Countrey. Pupilla Oculi parte 9. cap. 7. Pedagium a pede dictum est, quod a transeuntibus solvitur, &c. Cassan. de Cons. Burgun. pag. 118. Pedagia dicuntur quae dantur a transeuntibus in locum constitutum a Principe. Spel.

Péer (Pera, Fr. Pierre, Saxum, quod e saxis fieri solebat) Is a Fortress made against the force of the Sea, or great Rivers, for the better se∣curity of Ships that lie at Harbor in any Haven. So is the Peer of Dover described in Cam. Bri∣tan, pag. 259. Anno 14 Car. 2. cap. 27.

Péerage, The Dignity of the Lords or Peers of the Realm; also, An Imposition for maintenance of a Sea-Peer.

Péers (Pares) Are those that are empanel∣led in an Enquest upon any Man, for the con∣victing or clearing him of any offence, for which he is called in question. And the reason is, because the custom of our Nation is, to try every Man in this case by his equals or Peers. Westm. 1. cap. 6. So Kitchin useth it fol. 78. in these words—Mais si le amerciament soit affirre per pares—. But this word is cheifly used for those that are of the Nobility of the Realm, and Lords of the Parliament. Stamf. Pl. Cor. lib. 3. cap. Trial per les Peers. The rea∣son whereof is, because, though there be a di∣stinction of degrees among our Nobility, yet in all publick actions they are equal, as in their voices in Parliament, and in passing upon the tryal of any Nobleman.

Pegen. See Forathe.

Pein fort & dure. See Pain fort & dure.

Pelfe (Pelfra)—Tho. Venables Arm. Clamat (quod si aliquis tenent. sive resident. in∣fra Dominium sive Manerium de Kinderton felo∣niam fecerit, & corpus ejus per ipsum Thomam super factum illud captum, & convict. fuerit) habere Pelfram: Viz. Omnia bona & cattalla bujusmodi seisire: Et ea quae Domino Comiti per∣tinent ad Castrum Cestriae praesentare, & habere omnia invent. domestica, & de omni genere boum, vaccarum, boviculorum, juvencarum, porcorum, bidentium unum viz. melius: Et si de aliquo genere non habuerit nisi unum, clamat habere il∣lud unum, cum aliis minutis animalibus, ut gal∣lis, gallinis, aucis & hujusmodi, & omnes pannos talliat. & attaniatos, & omnes carnes attaniat. & totum brasium infra unum quarterium, & omnia blada inventa infra unum quarterium; & de quolibet tasso bladi clamat habere Groundstal integrum cujuscunque tassi, & totum plumbum extra fornacem, & omnia vasa lignea, omnes mappas, manutergia, & omnia ad lectum pertin. linea & lanea, & omnes carrectas ferro non liga∣tas, & omnes carrucas cum tota apparura, &c. Plac. in Itin. apud Cestriam 14 Hen. 7.

Pellota (Fr. Pelote) The Ball of the Foot. Talis autem expeditatio (viz. canum) fiat per as∣sisam communiter usitatam, viz. quod tres ortelli abscindantur, sive pellota de pede anteriori. Char. de Foresta, cap. 7. See Cokes Instit. 4 part. fol. 308.

Peltwool, Is the Wool pulled off the Skin or Pelt of a dead Sheep. Anno 8 Hen. 6. cap. 22.

Penigeldum, Denarii alicujus ex quavis consuetudine pro facultate aliqua, vel privilegio habendo, puta in foresta aut alibs Spel.

Penistons, A certain course Woollen Cloth, mentioned Anno 43 Eliz. cap. 10.

Penne. See Bay.

Penon (Fr. Pennon) A Standard, Banner, or Ensign carried in War. Anno 11 Rich. 2. cap. 1.

Pension (Pensio) That which in the Two Temples, is called a Parliament, in Lincolns-Inn, a Council; in Greys-Inn, is called a Pen∣sion; that is, an Assembly of the Members of the Society, to consult of the Affairs of the House. And Pensions are in the Inns of Court, certain annual payments of each Member to the House.

Pension-Writ. When a Pension-Writ is once issued, none, sued thereby in an Inns of Court, shall be discharged or permitted to come in Commons, till all duties be paid. Order in Greys-Inn. Whereby it seems to be a Writ issued out against those of the Society, who are in arrear for Pensions, and other duties.

Pentecostals (Pentecostalia) Were certain pious Oblations made at the Feast of Pentecost, by Parishioners to their Parish Priest, and sometimes by Inferior Churches or Parishes, to the Principal Mother-Church. Which Oblations were also called Whitson Farthings, and were di∣vided into four parts; one to the Parish Priest, a second to the poor, a third for repair of the Church, and the fourth to the Bishop. Stephens of Procurations and Pentecostals.

Peny (Sax. Penig) Was our ancient cur∣rant Silver. 2 Inst. fol. 575.—Et quod sint quieti de omnibus misericordiis, & Warda, & Ward-peny, Averpeny, & Hundred-peny, ••ithing-peny, & Borthal-peny, & de omni∣bus operibus Castellorum, Pontium, &c. Char. Hen. 7. Ab. & Convent. Eccles. S. Petri Westm. Anno 19 Regni.

Per, cui & Post. See Entry.

Perambulation of the Forest, Is the Sur∣veying or walking about the Forest, or the ut∣most limits of it, by certain Justices or other Officers thereto assigned, to set down the Metes and Bounds thereof, and what is within the Forest, and what without. Anno 17 Car. 1. cap. 16. And 20 Car. 2. cap. 3. See 4 Inst. fol. 30. And see Purlue.

Perambulatione Facienda, Is a Writ, that is sued out by two, or more Lords of Mannors, lying near one another, and con∣senting to have their bounds severally known; and is directed to the Sheriff, commanding him to make Perambulation, and to set down their certain limits. See Fitz. Nat. Br. fol. 133. And the New Book of Entries, verbo, Perambu∣latione facienda.

Peravail. See Paravail.

Perch (Pertica) Is used with us for a Rod or Pole of Sixteen foot and a half in length, whereof Forty in length, and four in bredth, make an Acre of Ground. Cromp. Juris. fol. 222. But several Counties differ herein, as in Staffordshire Twenty four foot; in the Forest of Sherwood Twenty five foot go to the Perch. In Herefordshire a Perch of Walling is Sixteen foot and a half; a Perch of Ditching Twenty one foot, &c. See Skene, verbo, Perticata terrae. In Honore de Montgomeri terrae assartandae per Perticam Regis 24 Pedum. Claus. 11 Hen. 3. m. 6. In Foresta de Cank Pertica 25 Pedum. Int. Plac. Hill. 10 Edw. 2. Staff. 36. See Pes Forestae.—Per Perticam 20 Pedum in Foresta nostra de Claren∣don. Mon. Angl. 2 Par. fol. 273. b.

Perdonatio utlagariae, Is a pardon for him, who, for contempts in not coming to the Kings Court, upon His Command and Process, is outlawed, and afterwards of his own accord yields himself to Prison. Reg. of Writs, fol. 28. LL. Edw. Conf. cap. 18. & 19.

Pere & Pite. Si quis autem contra primari∣um pugnaverit, in placito emendet secundum pre∣tium sui ipsius, quod Angli Pere & Pite di∣cunt, & solvat primario 40 sol. Constitut. Canu∣ti de Foresta, cap. 17. Rectius autem Were & Wite, Saxonice ƿere & ƿite. See Were.

Peremptory (Peremptorius) Joyned with a Substantive, as Action or Exception, signifies a Final and Determinate Act, without hope of renewing or altering. So Fitzherbert calls a Peremptory Action. Nat. Br. fol. 35. & 38. And Nonsute Peremptory, fol. 5. A Peremptory Ex∣ception. Bracton, lib. 4. cap. 20. Smith de Repub. Angl. calls that a Peremptory Exception, which maketh the State and Issue in a Cause.

Perinde valere, Is a Dispensation granted to a Clerk, who being defective in his capacity to a Benefice, or other Ecclesiastical Function, is De Facto, admitted to it. And it takes ap∣pellation from the words, which make the fa∣culty as effectual to the party dispensed with, as if he had been actually capable of the thing, for which he is dispensed with, at the time of his admission. Anno 25 Hen. 8. cap. 21. it is called a Writ.

Perjury (Perjurium) Est mendacium cum juramento firmatum; Is a crime committed, when a lawful Oath is ministred, by any that hath au∣thority, to any person in any Judicial proceed∣ing, who sweareth absolutely and falsly in a matter material to the Issue or Cause in questi∣on, by their own act, or by the subornation of others. And if a Man call me Perjur'd Man, I may have my Action upon the Case; because it must be intended contrary to my Oath, in a Judicial proceeding; but for calling me a Forsworn Man, no Action lies, because the forswearing may be Extra judicial. Cokes Inst. 3 Part. fol. 163. 23 Hen. 8. cap. 3. Excepted out of the Act of General Pardon, 12 Car. 2. cap. 8. How punished in Wales. Anno 26 Hen. 8. cap. 4. And 5 Eliz. cap. 9.

Per my & per tout, A Joynt-tenant is said to be seised of the Land he holds joyntly Per my & per tout. i. He is seised by every parcel, and by the whole. Littl. sect. 288. Totum tenet & nihil tenet, sc. totum conjunctim & nihil per se separatim. Bract. lib. 5. 430.

Permutatione Archiodecanatus & Eccle∣siae eidem annexae cum Ecclesia et Pre∣benda, Is a Writ to an Ordinary, commanding him to admit a Clerk to a Benefice, upon ex∣change made with another. Reg. of Writs, fol. 307.

Pernor of Profits (From the Fr. Preneur, a Taker or Receiver) Is he that takes or re∣ceives the Profits. Anno 1 Hen. 7. cap. 1. Per∣nour de profits, & cesti que use, is all one. Coke, lib. 1. Casu Chudley, fol. 123. See the Statute 21 Rich. 2. cap. 15. And Coke on Littl. fol. 589. b.

Pernancy (from the Fr. Prendre, to take) A taking or receiving. Tithes in Pernancy, i. Tithes taken, or that may be taken in kinde.

Per quae servitia, Is a Writ Judicial, issuing from the Note of a Fine, and lies for the Cognizee of a Mannor, Seigniory, Cheif Rent, or other Services, to compel him that is Tenant of the Land at the time of the Note of the Fine levied, to atturn to him. West, part 2. Symbol. tit. Fines, sect. 126. See the New Book of Entries.

Perquisite (Perquisitum) Signifies any thing gained by ones own industry, or purcha∣sed with ones own Money; contradistinguished from that which descends to one, from Father, or other Ancestor; as Perquisitum facere, in Bracton, lib. 2. cap. 30. num. 3.

Perquisites of Court, Are those profits that arise to the Lord of a Mannor, by vertue of his Court Baron, over and above the cer∣tain and yearly profits of his Land, as Fines of Copiholds, Hariots, Amerciaments, Waiffs, E∣strayes, &c. Perkins, fol. 20. & 21.

Personable (Personabilis) Signifies as much as inabled to hold or maintain Plea in a Court: As, the Demandant was judged Personably to maintain this Action. Old Nat. Br. fol. 142. And in Kitchin, fol. 214. The Tenant pleaded, that the Wife was an alien born in Portugal, without the ligeance of the King, and Judgment was asked, Whether she should be answered. The Plaintiff saith, she was made Personable by Par∣liament, that is, as the Civilians would speak it, Habere personam standi in judicio. Personable is also as much as to be of capacity to take any thing granted or given. Plowden, Casu, Col∣thirst, fol. 27. b.

Personal (Personalis) Being joyned with things, Goods, or Chattels, as Things personal, Goods personal, Chattels personal, signifies any moveable thing belonging to any Man, be it quick or dead. So it is used in West, par. 2. Sym∣bol. tit. Indictments, sect. 58. in these words. Theft is an unlawful Felonious taking away an∣other Mans moveable personal Goods. And Stamf. Pl. Cor. fol. 25. Contrectatio rei alienae is to be understood of things personal, for in things real it is not felony, as the cutting a Tree is not Felony. See Chattels.

Personal Tithes, Are Tithes paid of such Profits as come by the Labor and Industry of a Mans person; as by buying and selling, gains of Merchandise and Handicrafts men, &c. See Tithes.

Personalty (Personalitas) Is an abstract of Personal. The Action is in the Personalty (Old Nat. Br. fol. 92.) That is, brought against the right person, or the person against whom in Law it lieth.

Persons ne Praebendaries ne seront charges as Quinsimes, &c. Is a Writ that lies for Prebendaries, or other Spiritual Persons, being distrained by the Sheriff or Collectors of Fifteenths, for the Fifteenth of their Goods, or to be contributory to Taxes. Fitz. Nat. Br. fol. 1. 76.

Perticata terrae, Is the fourth part of an Acre; Continet in integra superficie 40 Perticas. See Perch.

Perticulas. The King granted to Luke Macgnin de Insula de Man Scholari, quandam Eleemosinam vocatam Perticulas, ad sustenta∣tionem cujusdam pauperis Scholaris de Insula prae∣dicta ad exercend. Scholas, per Progenitores no∣stros, quondam Reges Angliae datam & concessam. Pat. 5 Hen. 4. m. 16.

Pertinens, Was anciently used Pro cogna∣to vel consanguineo.—Si quis cum pertinente sua jaceat, emendet hoc secundum cognationis mo∣dum; sit wera, sit wita, sit omni pecunia. LL. Canuti. MS. ca. 48.

Pervise, or Parvise. (Pervisus, Parvisia) non a parvus adiect sed a Gal. le parvis,—Sed tunc placitantes (i. Post meridiem) Se dever∣tunt ad Pervisum, & alibi consulentes cum Ser∣vientibus ad legem & aliis Consiliariis suis. For∣tescu de laudibus LL. Angl. ca. 51. pa. 124. of which thus Chaucer. Prolog. 9.

A Serjeant at Law, ware and wise, That often had been at the Parvise.

Nam ibi Legis-periti convenere, ut Clientibus occurrerent, non ad tyrocinia Juris, quas Motas vocant, exercenda, sayes Spelman. Selden (in his Notes on Fortescu, pa. 56.) sayes, It signi∣fies an afternoons Exercise, or Moot for the in∣struction of young Students, bearing the same name originally with the Parvisiae in Oxford. Mr. Somner sayes Pervise signifies Palatii atrium vel area illa, a fronte Aulae Westm. hodie the Palace-yard, vulgo nuncupata. See his Gloss. in x. Scriptores, verbo, Triforium.

Pes forestae. Notandum est quod Pes Forestae usitatus tempore Ric. Oysell in arrentatione va∣storum, factus est, signatus & sculptus in pariete Cancellae Ecclesiae de Edwynstone & in Ecclesia B. Mariae de Nottingham; Et dictus Pes continet in longitudine octodecim Pollices. Et in arrenta∣tione quorundam vastorum, Pertica 20, 21 & 24 pedum usa fuit, &c. Ex Regist. Abb. de novolo∣co in Com. Nott.

Pesage, (Pesagium) Custom paid for weigh∣ing Wares or Merchandise. MS. temp. E. 3. For Peisa we find used for Pondus; hence to Peise or Poise, Ponderare.

Pessona, Mast. Md. quod anno regni Regis Hen. filii Regis Joh. 37. Dominus de Fretchevil & homines sui in bosco de Derley, apud Cruche, Pessonam, scil. glandes & nuces, virgis & cortis excussisset; & querela inde deducta in Comitatu, &c Anno gratiae. MCCLXIII. Mon. Angl. 2 Par. fo. 231. b. So tempore Pessonae often oc∣curs, for Mast-time, or the season when Mast is ripe; which, in Norfolk, they call Shacking-time.—Quod habeat decem porcos in tempore de Pesson in boscomeo, &c. fo. 113. 10.

Pestarable wares, Seem to be such Wares or Merchandise as pester, and take up much room in a Ship. Anno 32 Hen. 8. ca. 14.

Peter-Corne—Rex Athelstanus concessit Deo & beato Petro Ebor. & Colideis praedictis de qualibet Caruca arante in Episcopatu Eboraci unam Travam bladi, Anno Domini 936; quae usque in praesentem diem dicitur Peter-corne. Ex Reg. S. Leonardi Ebor. in Bibl. Cottoniana. fo. 5. a.

Peter-pence, (Denarii Sancti Petri) other∣wise called in the Saxon Romefeoh, i. The Fee of Rome, also Rome-scot, and Rome∣pennyng,) was a Tribute given by Inas King of the West-Saxons, being in Pilgrimage at Rome in the year of our Lord 720, towards the maintenance of a Saxon-School, which was a Pe∣ny for every house. Lamb. Expl. of Saxon words, verbo Nummus. And fo. 128. in St. Edwards Laws, num. 10. thus—Omnes qui habent 30 denariatus vivae pecuniae in domo sua, de suo pro∣prio, Anglorum lege dabit Denarium Sancti Pe∣tri, & lege danorum, dimidiam markam: Iste vero denarius debet summoniri in solemnitate A∣postolorum Petri & Pauli, & colligi ad festivita∣tem, quae dicitur ad Vincula, ita ut ultra illum diem non detineatur, &c. King Edgars Lawes, fo. 78. ca. 4. contain also a sharp constitution touch∣ing this matter. See Romescot.

St. Peter ad vincula, (Anno 4 Edw. 4. ca. 1. & 17 Ed. 4. ca. 5.) See Gule of Au∣gust.

Petit cape. See Cape.

Petit larceny, (Parvum latrocinium.) See Larceny.

Petit-treason, (Fr. Petit trahizon. i. Pro∣ditio minor,) Is Treason of a lesser or lower kind; For, whereas High-Treason is an of∣fence committed against the person of the King, and the security of the King and Com∣mon-wealth: Petit-Treason is, where a Servant kills his Master, a Wife her Husband, a Secu∣lar, or Religious Man his Prelate, Anno 25 Edw. 3. ca. 2. whereof see Cromptons Just. of P. fo. 2. And, for the punishment of it, the Stat. 22 Hen. 8. ca. 14.

Petition, (Petitio) Signifies in general a Supplication made by an Inferior to a Superior, and especially to one having Jurisdiction, An∣no 13 Car. 2. ca. 5.

Petra lanae, A Stone of Wool. See Stone.

Petty-fogger, (from the Fr. Petite, Small; and Sax. Fogere, A Wooer, Suiter, or Solli∣citer) A silly Advocate, a petty Attorney, or Lawyer; or rather a trouble-Town, having neither Law nor Conscience.

Pharos, A Watch-tower.—No man can build or erect Light-houses, Pharos, Sea-marks, or Beacons, without lawful warrant and authority. 3 Inst. fo. 204.

Philiser. See Filazer.

Picards, A kind of great Boats of fifteen Tun or upwards, on the River Severne, menti∣oned 34 & 35 Hen. 8. ca. 9. Also a Fishers boat, Anno 13 Eliz. ca. 11.

Piccage, (Piccagium, from the Fr. Piquer, i. Effringere, Effodere) Money paid in Fairs to the Lord of the Soil, for leave to break the ground to set up Booths, Stalls or Standings.

Piccage. i. Aliquis veniens ad forum no∣strum de Rudham cum rebus suis, & frangendo vel pictando aliquam placcam in dicto foro, Prior habebit inde redemptionem. Ex registro Prio∣rat. de Cokesford.

Pickards,—No Person shall use any Iron Cards, or Pickards, in rowing any Woollen Cloth, upon pain to forfeit the same, and xx s. for every offence. Anno 3 & 4 Edw. 6. ca. 2.

Picle, alias Pightel, (Pictellum & Pightel∣lum) A small parcel of Land enclosed with a hedge, a little Close; perhaps from the Italian Picciola, i. Minutus; which the common peo∣ple in some parts of England do usually call a Pingle.

Piepowder Court, (Curia pedis pulveri∣zati,) From the Fr. Pied▪ i. Pes, & Pouldreux. i. Pulverulentus) Is a Court held in Fairs, to yield Justice to Buyers and Sellers, and for re∣dress of all disorders committed in them. So called, because they are most usual in Summer, and Suiters to this Court are commonly Coun∣try Clownes with dusty feet; or, from the expe∣dition intended in the hearing of Causes proper thereunto, before the dust goes off the Plain∣tiffs and Defendants feet. Of this Court read the Statute 17 Edw. 4. ca. 2. 4 Inst. fo. 272. and Cromp. Jur. fo. 221. This among our old Sax∣ons was called Ceapung-gemot, i. A Court for Merchandise, or handling matters of buy∣ing and selling. See Justices of the Pavilion.

Pig of Lead. See Fother.

Pike or Pick. See Polein.

Pille of Foddray, or Fouldrey, In the County of Lancaster, Anno 2 Hen. 6. ca. 5. seems to be a defence built on a Creek of the Sea, and called Pille, by the Idiom of the Coun∣try, for a Pile or Fort, built for the safegard or protection of any place. This Pile was erected there by the Abbot of Fornesse in the first year of Edw. 3. Cam. Brit. Rex—De∣dimus Henrico Comiti Northumb. Insulam, Ca∣stram, Pelam & Dominium de Man, &c. Ror. Pat. 1 Hen. 4. m. 36.

Pillory, (Collistrigium, q. Collum stringens. Pilloria, from the Fr. Pilleur, i. Depeculator) Is an Engin made of Wood to punish Offenders, well known. By the Statute of 51 Hen. 3. you may see who were then subject to this punish∣ment. In the Laws of Canutus, ca. 42. it is cal∣led Halsfange. Sir Henry Spelman says, 'tis supplicii Machina ad ludibrium, magis quam pae∣nam.—Item utimur tenere Statuta Pistorum omnino sicut antecessores nostri tenuerunt, viz. Quod si Pistor in male agendo puniatur per tres vices, & si post terciam monicionem culpabilis in∣veniatur, Balivi Capitales, si ipsum poterint inve∣nire, ipsum capiant & pro toto puniant, & habe∣bit vile & odibile Judicium de Collistrigio, i. the Pillory. MS. Codex de LL. & Consuetud. Burgi-villae Montgom. a temp. Hen. 2. fo. 12. b. See Healfange.

Pioneers, (Fr. Pionniers, i. Fossores) Such Labourers as are taken up for the Kings Army, to east up Trenches, or undermine Forts. Anno 2 & 3 Ed. 6. ca. 20.

Pipe, (Pipa) Is a Roll in the Exchequer, otherwise called the great Roll, Anno 37 Ed. 3. ca. 4. See Clerk of the Pipe. It is also a Mea∣sure of Wine or Oyle, containing half a Tun, that is, six score and six Gallons, An. 1 R. 3. ca. 3.

Pirate, (Pirata) Is now generally taken for one who supports himself by Pillage and De∣predation at Sea, a Sea-rover. But, in former times the word was sometimes attributed to such person to whose care the Mole or Peer of any Haven, (in Latin Pera) was intrusted; and sometimes also taken pro milite maritimo, accor∣ding to the learned Spelman; mentioned 13 Car. 2. ca. 6. and the punishment of them, Anno 28 Hen. 8. ca. 15.

Piscary, (Piscaria) From the Fr. Pescharie, i. Piscatio) Is a liberty of fishing in another Mans waters.

UNiversis persentes literas inspecturis Edmun∣dus filius inclitae recordationis Henr. Regis Angliae salutem. Sciatis nos dedisse & conces∣sisse Henrico Howeyn de Huttokeshather totam Pis∣cariam nostram in stagno nostro supra molendi∣num suum de Huttokeshather. Habendum, &c. In cujus rei Testimonium praesenti scripto, in mo∣dum Cyrographi confecto, nos & dictus Henr. sigil∣la nostra alternatim•• apposuimus. Dat. apud Tut∣tebir. per manum Hugonis de Gien Clerici nostri octavo die Julii, Anno regni Regis Edwardi ger∣mani charissimi xi. Penes Walterum Kirkham-Blount Bar.

Pitance, (Pitancia) A small repast, or a little refection of Fish or Flesh. Joannes dei gratia, &c. Noverit, &c. nos assensum nostrum praebuisse, &c. de manerio de Mildenhall, quod manerium Sancto Edmundo, sicut jus suum con∣cessimus, &c. ita quod qui, pro tempore sacrista fuerit, 12 〈◊〉〈◊〉. de redditu Altaris annuatim persol∣vat Hospitali S. Salvatoris quod est extra muros Sancti Edmundi, &c. in usus pauperum, &c. & 40 s. ad refectionem monachorum, qui illis diebus Officia divina pro defunctis celebrabunt, quae re∣fectio Pitancia vocatur. Rot. Cart. de Anno 1. Regis Joh. pa. 2. Num. 115.

Pitching-pence, Is that Money, commonly a Peny, which is paid for pitching, or setting down every bag of Corn, or pack of any other Merchandise in Fairs or Markets.

Placard, (Fr. Anno 2 & 3 Ph. & Ma. ca. 7.) Is a Licence whereby a man is permitted to shoot in a Gun, or to use unlawful Games; In French it signifies a Table, wherein Laws, Or∣ders, &c. are written and hung up. And Placcaert in the Low-Dutch is an Edict or Proclamation.

Placeta, I have seen in several Deeds of Edward the Thirds dayes, Grants of Placeta Mes∣suagii, Placeta prati, & Placeta pasturae; and seems to signifie a Piece or Parcel, if of Lands; and a Place, if a House or Messuage.

Plaint, (Fr. Plainte, Lat. Querela) Is the propounding or exhibiting any action real or

personal, in Writing: So it is used in Brooke, tit. Plaint in Assize. And the party making this Plaint is called Plaintiff; Kitchin, fo. ••31.

Plate, A Hoy, or Water-Vessel so called Anno 13 Eliz. ca. 15.

Plea, (From the Sax. Pleo, or Pleoh, i. Juris actio) Signifies that which either party al∣ledges for himself in Court, which from the Conquest was done in French, till Edward the Third ordained them to be pleaded in English, but to be entred and recorded in Latin, An∣no 36. ca. 15. They are divided into Pleas of the Crown, and Common-Pleas; Pleas of the Crown are all Sutes in the Kings name against of∣fences committed against his Crown and Digni∣ty. Stamf. Pl. Cor. ca. 1. or against His Crown and Peace. Smith de Repub. Ang. lib. 2. ca. 9. And those seem to be Treasons, Felonies, Mis∣prisions of either, and Mayhem, Cokes 4 Part Inst. ca. 10.—Edward the First enfcossed Wal∣ter de Burgo in the Land of Ulster in Ireland, &c. excepting the Pleas of the Crown, to wit, Rape, Forstal, willful Firing, and Treasure trove. Cam. tit. Ireland. Common-pleas are those that are agitated between common persons; yet, by the former definitions those must comprize all other, though the King be a party. Plea may farther be divided into as many branches as Action, for they signifie all one. Then is there a Forrein Plea, whereby matter is alledg∣ed in any Court that ought to be tryed in ano∣ther. As if one lay Bastardy to another in a Court Baron, Kitchin, fo. 75. By the Law of Scotland four Crimes are called the four Points or Pleas of the Crown; Willful Firing, Ra∣vishing of Women, Murder and Robbery, or Riefe. Skene.

Pleas of the Sword, (Placita ad gladium) Ranulph the Third, Earl of Chester (2 Hen. 3.) granted to his Barons of Cheshire an ample Char∣ter of liberties, Exceptis placitis ad gladium meum pertinentibus, &c. Rot. Pat. in archivis re∣giis infra Castellum Cestriae, 3 Ed. 4. m. 9. The reason was, because King William the First gave the Earldom of Chester to his Kinsman Hugh, commonly called Lupus, ancestor to this Earl Ranulph, tenere ita libere per gladium, sicut ip∣se Rex Willielmus tenuit Angliam per Coronam. And consonant thereunto, in all Inditements for Felony, Murder, &c. in that County-Palatine, the Form was anciently—Contra pacem Do∣mini Comitis, Gladium & dignitates suas.

Pledge, (Plegius) Fr. Pleige, i. Fidejussor) A Surety or Gage; and Plegiatio was used for the act of suretiship. Pleiger aucun, i. Fide jubere pro aliquo. Glanvile, lib. 10. ca. 5. Ple∣gii dicuntur personae qui se obligant ad hoc, ad quod qui cos mittit tenebatur. Grand Gust. Norm. ca. 60. This word Plegius is sometimes used also for Frankpledge, as in the end of William the Conquerors Laws. Omnis homo qui voluerit se teneri pro libero, sit in Plegio, ut plegius eum habeat ad justiciam, si quid offenderit, &c. And these are called capital pledges. Kitchin, fo. 10. See Frankpledge, and 4 Inst. fo. 180.

Plegiis acquietandis, Is a Writ that lies for a Surety against him for whom he is Surety, if he pay not the Money at the day, Fitz. Nat. Br. fo. 137. Reg. of Writs, 158.

Plena forisfactura, And Plena ••••ita. See For feiture.

Plenarty, Is an abstract o•• the adjective plenus, and is used in matters of Benefices; wherein Plenarty and Vacation are directly con∣trary. Stamf. Praerog. ca. 8. fo. 32. Westm. 2. ca. 5. Institution is a good plenarty against a common person, but not against the King, with∣out induction. Coke on Litt. fo. 344.

Plevin, (Plevina, From the Fr. Pleuvine, i. A warrant, or assurance.) See Replevin.

Plite of Lawn, (Anno 3 Ed. 4. ca. 5.) Seems to be a Measure then in use, as Yard or Ell now.

Plonkets, (Anno 1 Rich. 3. ca. 8.) A kind of course Woollen Cloth, otherwise called Vervise.

Plow-almes, (Eleemosinae araetrales) Which was anciently 1 d. paid to the Church for eve∣ry Plow-land.—De qualibet Caruca juncta inter Pascha & Pentecostem unum donarium, qui dicitur Plou-almes, 1. Par. Mon. Ang. fo. 256.

Plow-land, (Carucata terrae) The same with a Hide of Land, which vide.

Plurality, (Pluralitas) Anno 21 Hen. 8. ca. 13. Morenesse, or the having more then one; most applyed to such Churchmen, who have more Benefices then one. Selden in his Titles of Honor, fo. 〈◊〉〈◊〉. mentions also Tri∣alities and Quadralities.

Pluries, Is a Writ that issues in the third place, after two former Writs neglected or disobey'd. For, first goes out the Original Writ, which, if it speed not, then the sicut ali∣as; and, if that fail, then the Pluries. See Old Nat. Br. fo. 33. in the Writ de Excom. capien∣do. See in what diversity of cases it is used in the Table of the Reg. of Writs.

Pocket of Wool, Is half a Sack. 3 Inst. fo. 96. See Sack of Wool.

Pole, See Perch.

Poledavies, A kind of Canvas, wherewith Sail-ware is made, Anno 1 Jac. ca. 24.

Polein, (Anno 4 Edw. 4. ca. 7.) Was a sharp or picked top set in the fore-part of the Shoe or Boot. This fashion was first taken up in the time of King William Rufus, the Picks be∣ing made so long, as they were tied up to the knees with silver or golden chains, and forbid∣den by Ed. 4.—Tunc fluxus crinium, tunc lux∣us vestium, tunc usus calceorum cum arcuatis acu∣leis inventus est. Malms. in Wil. 2.

Policy of assurance, (Assecuratio) Is a course taken by those, who adventure Wares or Merchandise by Sea; whereby they, unwilling to hazard their whole adventure, do give some other person a certain rate or proportion, as 6, 8, or 10 in the hundred, or such like, to secure the safe arrival of the Ship, and so much Wares at the place agreed on. So that, if the Ship and Wares miscarry, the Assurers or Insurers make good to the Venturer so much as they under∣took to secure; if the Ship arrive safely; he

gaines that clear, which the Venturer agrees to Pay him. And for the more certain dealing be∣tween them in this case, there is a Clerk or Of∣ficer ordained to set down in Writing the ef∣fect of their agreement, called Policy, to pre∣vent any difference that might afterwards hap∣pen between them. This terme is mentioned Anno 〈◊〉〈◊〉 Eliz. ca. 12, and thereby allowed and established; And 14 Car. 2. ca. 23. and is now many times used to Insure mens lives in Offices, who have paid great summs of Money for the purchase thereof, and are Insured from that adventure by a certain Company of Mer∣chants, or Citizens, for three or four per Cent, subscribing, or under-writing the agreement Policy, or Insurance, who do among them share the Praemium, or Money given by the Party Insured, and run the hazard of it: such Assu∣rance or Polices being not seldom also used in other matters, where loss or damage is feared.

Poll-money, (Capitatio) Was a Tax or Imposition ordained by Stat. 18 Car. 2. ca. 1. and 19 ejusdem, ca. 6. by the first of which eve∣ry Subject in this Kingdom was assessed by the Head or Poll, according to his degree; As eve∣ry Duke 100 l. Marquess 80 l, &c. Baronet 30 l. Knight 20 l. Esquire 10 l, &c. and every single person 12 d, &c. And, that this is no new Tax appears by former Acts of Parliament, where, Quilibet tam coniugatus quam solutus utriusque sexus pro capite suo solvere cogebatur. Parliam. Anno 1380. Walsingham. Ypod. 534. l. 37. There was anciently (sayes Camden) a personal tri∣bute, called Capitatio (Pol-silver) imposed up∣on the Poll or Person of every one, of Women from the 12th, of Men from the 14th year of their age, In his Notes upon Coines.

Pollard, Was a sort of Money heretofore currant in England, which with Crocards are long since prohibited. Math. Westm. in Anno 1299. pa. 413. Pollards, Crocards, Staldings, Eagles, Leonines, and Steepings, were ancient Coines in England, but now disused and for∣gotten. 2 Inst. fo. 577. We also call those Trees Pollards, or Pollengers, which have been usually crop'd, and therefore distinguish'd from Timber-Trees. See Plowden, fo. 469. b.

Polygamus, Is he that is married to two or more Wives together, or at the same time. 3 Inst. fo. 88.

Pone, Is a Writ, whereby a Cause, de∣pending in the County, or other inferior Court, is removed to the Common Bench. Old Nat. Br. fo. 2. See the Table of the Reg. of Writs.

Pone per vadium, Is a Writ, commanding the Sheriff to take surety of one for his appear∣ance at a day assigned; Of this see five sorts in the Table of the Reg. Judic. verbo, Pone per Vadium.

Ponendis in Assists, Is a Writ, founded upon the Statute of Westm. 2. ca. 38. and Ar∣ticuli super Chartas, ca. 9. which Statutes shew what persons Sheriffs ought to impanel upon Assizes and Juries, and what not; as also what number, which see in Reg. of Writs, fo. 178. a. and Fitz. Nat. Br. fo. 133. b.

Ponendum in Balliam, Is a Writ willing that a Prisoner be bailed in cases bailable. Reg. of Writs, fo. 133.

Ponendum sigillum ad exceptionem, Is a Writ whereby the King willetn 〈◊〉〈◊〉 justices, accor∣ding to the Stat. of Westm. 2. to put their Scals to Exceptions laid in by the Defendant against the Plaintiffs Declaration, or against the Evi∣dence, verdict, or other Proceedings before the Justices.

Pontage, (Pontagium) Is a contribution to∣wards the maintenance or reedifying of Bridges, Westm. 2. ca. 25. Anno 13 Ed. 1. It may also sig∣nifie Toll taken to this purpose of those that pass over Bridges, Anno 1 Hen. 8. ca. 9. 22 Hen. 8. ca. 5. & 39 Eliz. ca. 24. Per Pontagium clamat esse quiet. de operibus pontium. Plac. in Itin. apud Cestriam 14 Hen. 7.

Pontibus reparandis, Is a Writ directed to the Sheriff, &c. willing him to charge one or more to repair a Bridge, to whom it be∣longs, Reg. of Writs, fo. 153. b.

Porca. See Ridge of Land.

Porcary, (Porcaria) A Swinesty. Fleta:

Porter of the door of the Parliament∣house, Is a necessary Officer belonging to that high High Court, and enjoys the priviledges accordingly, Cromp. Iurisd. fo. 11.

Porter in the Circuit of Justices, Is an Officer that carries a Verge or white Rod before the Justices in Eyre; so called a Portando virgum, Anno 13 Edw. 1. ca. 41. See Vergers.

Port-greve, (Sax. Port-gerefe, i. Portus vel urbis praefectus; Port in the Saxon signifies the same with Civitas, and gerefe, or reve, a Collector of the Rents, (as in divers Lordships at this day,) Is a chief Magistrate in certain Maritime Towns; and, (as Camden sayes in his Britan. pa. 325.) the chief Magistrate of Lon∣don was so termed; in stead of whom Richard the First ordained two Bailiffs; but, presently after him King John granted them a Mayor for their yearly Magistrate.

Carta Willielmi Conquestoris Civi∣tat. London.

WIlliam, King, Grete William Bi∣shop, and Godfrey Portgreve, and all the Bnrgeis within London, French and English. And I graunt you, that I will rhat ye be all your Law worth, that ye were Edwardis dayes the King. And I wyl that ich Child be his Faders Eyer, and I nil suffer, that ony man you any wrongys beed. And God you kepe.

Ex libro pervetusto, penes Will. King, Ar.

Portioner (Porconarius, or Portionarius,)—Pateat universis quod ego Iohannes Botelere, Porconarius secundae portionis Ecclesia de Bro∣myord, dedi—dat. 17 Ric. 2. Where a Parso∣nage is served by two or sometimes three Mi∣nisters

alternately, as Bromyard, supra, Bur∣ford in Shropshire, &c. The Ministers are cal∣led Portioners, because they have but their Por∣tion or Proportion of the Tythes or Profits of the Living.

Portmen (Anno 13 Eliz. cap. 24.) The Twelve Burgesses of Ipswich, are so called. Also the inhabitants of the Cinque Ports are so termed, according to Camdens Britannia.

Portmote (from the Sax Porte, i. Portus & gemot, i. Conventus) Is a Court kept in Haven-Towns or Ports; as Swainmot in the Forest. Manwood, par. 1. pag. 111. It is called the Portmoot Court. Anno 43 Eliz. ca. 15. Curia Portmotorum, est Curia in Civitate Cestriae co∣ram Majore in aula Motorum tenenda. Pl. in Itin. ibid. 14 Hen. 7.

Portsale (Anno 35 Hen. 8. cap. 7.) Is the sale of Fish, presently upon its arrival in the Port or Haven.

Possession (Possessio, quasi, Pedis positio) Is twofold, actual, and in Law: The first is, when a Man actually enters into Lands or Tene∣ments to him descended; the other, when Lands or Tenements are descended to a Man, and he hath not as yet actually entred into them. Before, or until an Office is found of Lands Escheated by Attainder, 〈◊〉〈◊〉 King hath onely Possession in Law, and not in Deed. Stamf. Praerog. fol. 54. There is also an Unity of Possession, which the Civilians call Consolidatio∣nem: As if the Lord purchase the Tenancy held by Heriot service, the Heriot is extinct by Unity of Possession; because the Seigneury and Tenancy are now in one Mans possession. Kitchin, fol. 134. See other Divisions of Pos∣session in Bracton, lib. 2. cap. 17.

Post. See Per.

Post Conquestum, Was first inserted in the Kings Title by Edward the Third, Anno 1328. Claus. 2 Edw. 3. in Dorso. m. 33.

Post Diem, Is a Fee by way of Penalty upon a Sheriff for his neglect in returning a Writ after the day assigned for its return; for which, the Custos Brevium hath four pence, whereas he hath nothing, if it be returned at the day; sometimes taken for the Fee it self.

Post Disseisin (Post Disseisina) Is a Writ given by the Statute of Westm. 2. cap. 26. and lies for him that, having recovered Lands or Tenements by Praecipe quod reddat, upon de∣fault, or reddition, is again disseised by the former Disseisor. Fitz. Nat. Br. fol. 190. See the Writ that lies for this in the Reg. of Writs, fol. 208. a.

Post Fine, Is a duty belonging to the King, for a Fine formerly acknowledged before him in his Court, which is paid by the Cogni∣zee, after the Fine is fully passed, and all things touching the same accomplished: The rate thereof is so much, and half so much as was paid to the King for the Fine, and is col∣lected by the Sheriff of the County where the Land lies, whereof the Fine was levied, to be answered by him into the Exchequer.

Post Term, Is a Fee or Penalty taken by the Custos Brevium of the Court of Common Pleas onely, for the Filing any Writ by any Attorney after the Term, or usual time, in which such Writs are returnable; for which the Custos Brevium takes the Fee of xx d.

Postea, Is a Return or Certificat of the proceedings by Nisi Prius into the Court of Common Pleas after a Verdict, and there after∣wards recorded. See Plowden, Casu, Saunders, fol. 211. a. See an example of it in Co••es Rep. Vol. 6. Rowlands Case, fol. 41. See Custos Bre∣vium.

Posteriority (Posterioritas, the Being or coming after or behinde) Is a word of Com∣parison and Relation in Tenure, the Correla∣tive whereof is Priority: For a Man holding Lands or Tenements of two Lords, holds of his Ancienter Lord by Priority, and of his later Lord by Posteriority Stamf. Praerog. fol. 10. & 11. When one Tenant holds of two Lords, of the one by Priority, of the other by Posteriority, &c. Old Nat. Br. fol. 94. See 2 Instit. fol. 392.

Postnati.—7 Jac. It was by all the Judges solemnly adjudged, that those, who, after the descent of the Crown of England to King James, were born in Scotland, were no Aliens in England. As on the contrary, the Antenati, or those born in Scotland, before the said descent, were Aliens here, in respect of the time of their Birth. See Calvins Case, 7 Report.

Pot (Anno 13 Car. 2. cap. 6.) A Head-piece, for War.

Pot Ashes (Anno 12 Car. 2. cap. 4.) Are made of the best Wood-ashes, and used in the making of Soap, some are made in England, but the best come from beyond Sea.

Pound (Parcus) Signifies generally any strong inclosure to keep in Beasts; but espe∣cially a place of strength, to keep Cattle that are distrained or put in for any Trespass done by them, until they be replevied or redeemed; and in this signification it is called a Pound Overt, or open Pound, being built upon the Lords Waste, and is called the Lords Pound; for he provides it for the use of himself and his Tenants. See Kitchin, fol. 144. It is divided into Pound Open, and Pound Close, Pound Open, or Overt, is not onely the Lords Pound, but a Backside, Court, Yard, Pasture-Ground, or whatever else, whither the owner of the Beasts Impounded may come to give them Meat and Drink, without offence, for their being there, or his coming thither. Pound Close is then the contrary, viz. Such a one, as the owner cannot come unto, for the purpose aforesaid, without offence; as some Close-house, Castle, Fortress, or such like place.

Pound-breach. See Pund-brech.

Poundage (Pondagium) Is a Subsidy grant∣ed to the King, of all manner of Merchandise of every Merchant, Denizen, and Stranger, carried out of this Realm, or brought into the same, to the value of Twelve pence in every

Pound. This was granted to Henry the Sixth for term of his life, and to King Charles the Second, Anno 12 Car. 2. cap. 4.

Pourallée. See Purluc.

Pour fair proclamée, que nul inject Fines ou ordures en fosses ou Rivers pres Cities, &c. Is a Writ directed to the Mayor, Sheriff, or Bailiss of a City or Town, commanding them to proclaim, That none cast filth into the Ditches or places near adjoyning, and, if any be cast already, to remove it. This is founded upon the Statute 12 Rich. 2. cap. 13. Fitz. Nat. Br. fol. 176.

Pourpartie (Propars, Propartis vel Propar∣tia,) Is contrary to Pro indiviso; for to make Pourpartie, is to divide and sever the Lands that fall to Parceners, which before Partition they hold joyntly and Pro indiviso. Old Nat. Br. fol. 11.

Pourpresture (Pourprestura; from the Fr. Pourpris, a Close or Enclosure) Is thus defined by Glanvile, lib. 9. cap. 11. Pourprestura est pro∣prie, quando aliquod super Dominum Regem in∣juste occupatur; ut in Dominicis Regis, vel in viis publicis obstructis, vel in aquis publicis transversis a recto cursu; vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit, & generaliter, quoties aliquid fit ad nocumentum Regii Tenementi, vel Regii viae vel Civitatis. And by Crompton in his Juris. fol. 152. thus. Pourpresture is properly when a Man takes to himself or encroaches any thing, which he ought not, whether it be in any Jurisdiction, Land, or Franchise; and generally, when any thing is done to the Nusance of the Kings Te∣nants. See Kitchin, fol. 10. And Manwood, par. 1. pag. 269. & Par. 2. cap. 10. Some Authors make three sorts of this offence, one against the King, the second against the Lord of the Fee, the third against a Neighbor, by a Neighbor•• See 2 Inst. fol. 38. & 272.

Pour seis••r terres la femme que tient en Dower, &c. Was a Writ whereby the King seised the Land, which the Wife of his Tenant in Capite, deceased, had for her Dowry, if she married without his leave, and was grounded on the Statute of the Kings Prerogative. cap. 3. See Fitz. Nat. Br. fol. 174.

Poursuivant (from the Fr. Poursuivre, i. Agere, persequi) Signifies the Messenger of the King attending upon Him in Wars, or at the Council Table, or Exchequer, or in His Court, or at His Chamber, to be sent upon any occasion or message; as for the apprehen∣sion of a party accused or suspected of any offence. Those that are used in Marshal Cau∣ses are called Pursuivants at Arms; whereof there are four of special names, which see in the word Herald. Stow, speaking of Richard the Third his end, hath these words, pag. 784. His Body was naked to the Skin, not so much as one Clout about him, and was trussed behinde a Pursuivant at Arms like a Hog, or a Calf, &c.

Pourveyor (Provisor, from the Fr. Pourvoire, Providere, Prospicere) Signifies an Officer of the King or Queen, that provides Corn and other Victual for their House. Mentioned in Magna Charta, cap. 22. and other Statutes; but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat.

Pourveyance (Fr. Pourvoyance) Is the providing Corn, Fuel, Victual, and other ne∣cessaries for the Kings House. By Stat. 12 Car. 2. cap. 24. it is provided, That no person or persons vp any Warrant, Commission, or Authority, under the Great Seal, or other∣wise, by colour of buying or making pro∣vision or Purveyance for His Majesty, or any Quéen of England, for the time being, or that shall be; or for His, their, or any of their Houshold, shall take any Timber, Fuel, Cattle, Corn, Grain, Malt, Hay, Straw, Uictual, Cart, Carriage, or other thing whatsoever, of any the Subjects of His Majesty, His Heirs, or Successors, without the full and frée consent of the owner or owners thereof, had, and ob∣tained without Menace or Enforcement, &c. See The Antiquity of Praeemption and Pour∣ueyance, &c. And 3 Inst. fol. 82.

Power of the County (Posse Comitatus) According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co〈…〉〈…〉ins the Aid and Attendance of all Knights, Gentlemen, Yeomen, Laborers, Ser∣vants, Apprentises, and Villains, and of other young Men above the age of fifteen, within the County; because all of that age are bound to have Harness, by the Statute of Winchester. But Women, Ecclesiastical Persons, and such as are decrepit, or labor with any continual infirmity, shall not be compelled to attend. For the Stat. 2 Hen. 5. cap. 8. says, That persons able to travel shall be assistant in this service; which is used, where a Possession is kept upon a forcible Entry, or any force or rescue used, contrary to the Command of the Kings Writ, or in opposition to the execution of Justice.

Powldavis. See Poledavis.

Poynings Law, Is an Act of Parliament made in Ireland by Henry the Seventh, and so called, because Sir Edward Poynings was Lieu∣tenant there, when it was made; whereby all the Statutes in England were made of force in Ireland, which before that time were not, nei∣ther are a••y now in force there, which were made in England since that time. See Cokes 12 Rep. fol. 109. Hill. 10 Jac.

Pray in Ayd. See Ayd.

Pratum falcabile, A Meadow or Mowing∣ground.—Jur. dicunt quod praedicta placea a tempore quo—Fuit Pratum falcabile, usque ad praedictum annum quod praedictus W. illud aravit. Trin. 18 Edw. 1. in Banco. Rot. 50.

Prebend (Praebenda) Is the Portion which every Member or Canon of a Cathedral Church, receives in right of his place, for his maintenance. Canonica Portio is properly used for that share, which every Canon or Preben∣dary receives yearly out of the common stock of the Church; and Praebenda is a several Benefice rising from some Temporal Land or

Church, appropriated towards the maintenance of a Clerk or Member of a Collegiat Church, (as the Prebends of Keyton, and Coupes at Mal∣don) and is commonly sirnamed of the place, whence the profit arises.

Prebends are either Simple, or with Dignity, Simple Prebends are those, that have no more but the Revenue towards their maintenance: Prebends with Dignity, are such as have some Jurisdiction annexed to them, according to the divers Orders in every several Church. Of this see more in the Decretals, tit. De Praebendis & Dignitat.

Praebenda, Was also, in old Deeds, used for Provender. See Corody.

Prebendary (Praebendarius) Is he that hath such a Prebend; so called a Praebendo auxilium & consilium Episcopo.

Precariae, Days works, which the Tenants of some Mannors are bound to give the Lord in Harvest, which in some places are corruptly called Bind days, for Biden days, from the Sax. Bidan, to pray or intreat. Baldwinus una bovata pro ii s. & Dimd. & ii. Gallinas, & xx Ova, & iv Precarias, in Autumpno; cum uno homine, bis arare, bis herciare, semel fal∣care, semel foenum levare, &c. Mon Angl. 2 par. fol. 539. a. See Bederepe.

Prece partium, Is when a Sute is continued by the Prayer, Assent, or Agreement of both Parties. Anno 13 Edw. 1. cap. 27.

Precept (Praeceptum) Is commonly taken for a Commandment in Writing, sent out by a Justice of Peace, or other-like Officer, for the bringing a Person, or Records before him; of which, you have example of divers in the Table of the Register Judicial: And sometimes for the command or provocation, whereby one Man incites another to commit Felony, Theft, or Murder. Stamf. Pl. Cor. fol. 105. Bracton (lib. 3. tract. 2. cap. 19.) calls it Praeceptum or Mandatum; whence we may observe three diversities of offending in Murder, Praeceptum, Fortia, Consilium: Praeceptum, being the instiga∣tion used before hand; Fortia, the Assistance in the Fact, as helping to binde the party murder∣ed or robbed; Consilium, advise either before, or in the Deed.

Praceptories (Praeceptoriae, Anno 32 Hen. 8. cap. 24.) Were Benefices in a kinde, and so termed, because they were possessed by the more eminent sort of the Templers, whom the cheif Master by his Authority created and cal∣led Praeceptores Templi. Stephens de Jurisd. lib. 4. cap. 10. num. 27. Of these Praeceptories, I finde sixteen recorded, as anciently belonging to the Hospitalers and Templers in England, viz. Cressing-Temple, Balshal, Shengay, Newland, Yeveley, Witham, Temple-bruere, Willinghton, Rotheley, Ovenington, Temple-Combe, Trebigh, Ribstane, Mount S. John, Temple-Newsum; and Temple-burst. Mon. Angl. 2 par. fol. 543.

Praecipe quod reddat, Is a Writ of great Diversity, both in its form and use, for which see Ingressus and Entry. This Form is ex∣tended as well to a Writ of Right, as to other Writs of Entry or Possession. Old Nat. Br. fol. 13. And Fitz. Nat. Br. fol. 5. And it is sometime called A Writ of Right Close, when it issues out of the Court of Chancery Close; sometimes A Writ of Right Patent: As when it issues out of the Chancery, Patent, and open to any Lords Court for any of his Tenants de∣forced, against the Deforcer, and must be de∣termined there. Of which, read more at large in Fitz. Nat. Br. ca. 1.

Pracipe in Capite (Magna Charta, ca. 24.) Was a Writ issuing out of the Court of Chancery, for a Tenant holding of the King in Cheif, as of his Crown, and not of the King, as of any Honor, Castle, or Mannor. Reg. of Writs, fol. 4. b.

Precontract (Anno 2 & 3 Edw. 6. ca. 23.) Is a Contract made before another Contract; cheifly in Relation to Marriages.

Predial Tithes (Decimae Praediales) Are those which are paid of things arising and growing from the Ground onely; as Corn, Hay, Fruits of Trees, and such like. Anno 2 Edw. 6. cap. 13. See Cokes 2 Instit. fol. 649.

Preemption (Praeemptio) Was a Priviledge allowed the Kings Purveyor, to have the choice and first-buying of Corn, and other Provision before others, for the Kings House; which is taken away by Stat. 12 Car. 2. cap. 24.

Prelate (Praelatus) We commonly under∣stand to be an Archbishop or Bishop: But thus says the Learned Spelman, Praelati Ecclesiae vocantur nedum Superiores; ut Episcopi, sed etiam Inferiores, ut Archidiaconi, Presbyteri, Plebani & Rectores Ecclesiarum. Sic enim in Bulla Privileg. apud Mat. Par. in Hen. 3. sub An. 1246. Innocentius, &c. Universis tam Cathe∣dralium quam aliorum Praelatis, nec non Patronis Ecclesiarum, Clericis & laicis per Regnum An∣gliae constitutis salutem, &c. Pag. 476.

Premisses. See Habendum.

Premium (Praemium) A Reward or Re∣compence. Among Merchants it is used for that sum of Money, as Eight or ten per Cent. which the Ensured gives the Ensurer, for en∣suring the safe return of any Ship or Merchan∣dise. Anno 19 Car. 2. cap. 1.

Praemunire, Is taken either for a Writ so called, or for the offence whereupon the Writ is granted; the one may be understood by the other. Heretofore the Church of Rome, under pretence of her Supremacy, and the Dignity of S. Peters Chair, took upon her to bestow most of the Bishopricks, Abbathies, and other Eccle∣siastical Livings of worth here in England, by Mandates, before they were void; pretend∣ing therein a great care to see the Church pro∣vided of a Successor, before it needed. Whence it arose, that these Mandates or Bulls were cal∣led Gratiae Expectativae; or Provisiones, where∣of you may read a learned Discourse in Dua∣renus; de Beneficiis, lib. 3. cap. 1. These Provi∣sions were so ri••e with us, that at last, King Edward the Third not disgesting so intollerable an Encroachment, made a Statute in the Twen∣ty

fifth year of His Reign, Stat. 5. cap. 22. and another Stat. 6. cap. 1. and a third Anno 27. against those that drew the Kings people out of the Realm, to answer things belonging to the Kings Court; and another Anno 28 Stat. 2. cap. 1, 2. 3, & 4. whereby he greatly restrained this liberty of the Pope; who notwithstand∣ing, still adventured to continue the Provisions; in so much, as King Richard the Second, like∣wise made a Statute against them, Anno 12. cap. 15. And in the Thirteenth year of His Reign, cap. 2. making mention of the said first Statute of Edward the Third, ratifying the same, and appointing the punishment of those that offended against it, to be Perpetual banish∣ment, Forfeiture of their Lands, Tenements, Goods, and Chattels, &c. And again in the Six∣teenth year of His Reign, cap. 5. to meet more fully with all the shifts, invented to avoid the former Statutes, he expressed the offence more particularly, and sets the same punishment to it, that he ordained in the last mentioned Sta∣tute. After him, King Henry the Fourth, in like manner aggrieved at other abuses, not fully met with in the former Statutes, in the second year of His Reign, cap. 3. & 4. adds certain new Cases, and lays upon the Offenders in them, the same punishment; whereto I refer you, as likewise to Anno 9 Ejusdem, cap. 8. and 3 Hen. 5. cap. 4. and Smith de Repub. Angl. lib. 3. cap. 9.

Some later Statutes do cast this punishment upon other Offenders, as namely the Statute of 1 Eliz. cap. 1. upon him that denies the Kings Supremacy the second time; and the Stat. 13 Eliz. cap. 2. upon him that affirms the Authority of the Pope; or refuseth to take the Oath of Supremacy; and the Stat. 13 Eliz. cap. 1. upon such as are Seditious talkers of the inheritance of the Crown, or affirm the Queen to be an Heretick. And the Stat. 13 Car. 2. cap. 1. upon such as affirm the Parliament begun at Westmin∣ster, 3 Nov. 1640. is not yet dissolved, or that there is any obligation by any Oath, Covenant, or Engagement whatsoever, to endeavor a change of Government, either in Church or State, or that both or either House of Parlia∣ment have, or hath a Legislative Power with∣out the King. And the word is applied most commonly to the punishment first ordained by the Statutes before mentioned, for such as trans∣gressed them: For where it is said, that any Man for an offence committed, shall incur a Praemunire, it is meant, That he shall incur the same punishment, as is inflicted on those that transgress the Stat. 16 Rich. 2. cap. 5. commonly called the Statute of Praemunire, which kinde of Reference or Application is not unusual in our Statutes. As to the Etymology of the word, some think it proceeds from the strength given to the Crown, by the former Statutes, against the usurpation of forein power; which opinion may receive some ground from the Stat. 25 Edw. 3. stat. 6. cap. 1. But others think it grows from the Verb Praemonere, being bar∣barously turned into Praemunire, to forewarn or bid the offender take keed; or from the se∣verity or grievousness of the Punishment. Of which, a Reason may be gathered from the Form of the Writ, in Old Nat. Br. fol. 143. Praemunire facias praefatum praepositum & J. R. procuratorem, &c. Quod tunc sint coram nobis, &c. Which words can be referred to none, but parties charged with the offence. See 3 Inst. fol. 119.

Prender (from the Fr. Prendre, i. accipere) Is the power or right of taking a thing, before it is offered.—It lies in Render, but not in Pren∣der. Cokes Rep. 1 Part. Sir Jo. Peters Case.

Prender de Baron, Signifies literally to take a Husband; but it is used as an Exception, to disable a Woman from pursuing an Appeal of Murder, against the killer of her former Husband. Stamf. Pl. Cor. lib. 3. cap. 59.

Prepensed (Praepensus) Forethought; as Prepensed malice (Malitia Praecogitata) when a Man is slain upon a sudden quarrel, yet, if there were Malice Prepensed formerly between them, it makes it Murder, or, as it is called (in the Stat. 12 Hen. 7. cap. 7.) Prepensed Mur∣der. See Murder. And 3 Inst. fol. 51.

Praepositus Ccclesiae. See Church-reve.

Praepositus Uillae, Is used sometimes for the Constable of a Town, or Petit-Constable. Cromp. Juris. fol. 205. Howbeit, the same Au∣thor fol. 194. seems to apply it otherwise, for there Quatuor homines Praepositi, are those four Men, that for every Town must appear before the Justices of the Forest in their Circuit. It is sometimes used for an Head or Cheif-officer of the King, in a Town, Mannor, or Village, or a Reeve. See Reeve. Animalia & res in∣venta coram ipso & Sacerdote ducendae erant. LL. Edw. Conf. cap. 28.

Praerogative of the King (Praerogativa Regis, from prae, i. ante, and rogare, to ask or demand: For though an Act hath passed both Houses of Parliament, yet before it be a Law, the Royal Assent must be asked and obtained) Is generally that Power, Preeminence, or Pri∣viledge, which the King hath over and above other persons, and above the ordinary course of the Common Law, in the right of His Crown—Potest Rex ei, lege suae dignitatis, con∣donare si velit, etiam mortem promeritam. LL. Edw. Confess. cap. 18. The Kings Person is subject to no Mans Sute; His Possessions cannot be taken from Him, by any violence or wrong∣ful Disseisin; His Goods and Chattels are un∣der no Tribute, Toll, or Custom, nor Distrain∣able; with very many other Regal Rights, and Priviledges. See Stamf. Praerog. and the Sta∣tute of the Kings Praerogative, Anno 17 Edw. 2. and Plowden, Casu, Mines. Spelman calls it Lex Regiae Dignitatis.

Prerogative Court (Curia Praerogativa Archiepiscopi Cant.) Is the Court wherein all Wills are proved, and all Administrations granted that belong to the Archbishop, by his Prerogative, that is, in case where the deceased had Goods of any considerable value out of the Diocess, wherein he died, and that value

is ordinarily 5 l. except it be otherwise by composition between the said Archbishop, and some other Bishop, as in the Diocess of London it is 10 l. And if any contention arise, touch∣ing any such Will or Administration, the cause is properly debated and determined in this Court; the Judge whereof is called The Judge of the Prerogative Court of Canterbury. The Archbishop of York hath also the like Court, which is termed his Exchequer, but far in∣ferior to this in Power and Prosit. 4 Inst. fol. 335.

Prescription (Praescriptio) Is a Title, taking its substance of use and time allowed by the Law, As when a Man claims any thing, because he, his Ancestors, or they, whose estate he hath, have had, or used it all the time, whereof no memory is to the contrary; or when, for con∣tinuance of time, whereof there is no memory, a particular person hath particular right against another particular person. Kitchin, fol. 104. See Coke on Littl. fol. 140. b. But as in the Civil Law, so in the Common, Prescription may be in a shorter time, at least in some particular Cases. For example, where the Statute Anno 8 Rich. 2. cap. 4. says, That a Judge or Clerk convicted for false entring of Pleas, &c. may be Fined within two years, the two years being past, he prescribes against the punishment of the said Statute. So the Statute Anno 11 Hen. 7. says, That he, who will complain of Mainte∣nance or Embracery, whereby Perjury is com∣mitted by a Jury, must do it within six days, those six days ended, the parties prescribe: And divers other Statutes have the like Limitations of time, whence may arise a like Prescription. See Action Perpetual and Temporal. See Lamb. Eiren. lib. 4. ca. 5. pag. 469. Of this Prescription, and the Learning touching the same, you may read Cokes Rep. Lutterels Case, Vol. 4. fol. 84. and Latches Rep. fol. 110. Praescriptio est jus quoddam, ex tempore congruens, authoritate legum vim capiens, paenam negligentibus inferens & sinem litibus imponens.—Quadragenalis Praescriptio omnem prorsus actionem excludat. Re∣formatio Legum Eccles. pag. 246. See 2 Inst. fol. 653.

Presentation (Praesentatio) Is used proper∣ly for the act of a Patron, offering his Clerk to the Bishop, to be instituted in a Benefice of his Gift, the Form whereof see in Reg. of Writs, fol. 322. a. See Parson.

Presentée, Is the Clerk that is so presented by the Patron. In the Stat. 13 Rich. 2. cap. 1. mention is made of the Kings Presentee, that is, he whom the King presents to a Church

Presentment, Is a meer denunciation of the Jurors themselves, or some other Officer, as Justice of the Peace, Constable, Searcher, Surveyor, &c. (without any information) of an offence inquirable in the Court, whereunto it is presented. Lamb. Eiren. lib. 4. cap. 5. pag. 467.

President (Praeses) Is used for the Kings Lieutenant in any Province or Function; as President of Wales, York, Barwick, President of the Kings Council. Anno. 22 H••n. 8: ca. 8. And 24 Hen. 8. ca. 3. & 1.

Prest, Is used for a duty in Money to be paid by the Sheriff, upon his account in the Ex∣chequer; or for Money left or remaining in his hands. Anno 2 & 3 Edw. 6. ca. 4.

Prest Money, Is so called of the French word Prest, i. Promptus, Expeditus; for that it binds those that receive it, to be ready at all times appointed, commonly meant of Soldiers. Anno 18 Hen. 6. 19.—7 Hen. 7. 1.—7 Hen. 8 5. And 2 Edw. 6: 2.

Prestation Money (Praestatio, i. A per∣forming or paying) Is a sum of Money paid by Archdeacons yearly to their Bishop, Pro ex∣teriori Jurisdictione.—Et quieti sint a Praesta∣tione Muragii. Carta Hen. 7. Burgens. Mount∣gomer. Praestatio was also anciently used for Pourveyance. See Mr. Phillips Book on that sub∣ject, pag. 222. And see Spiritualties.

Presumption (Praesumptio) Is of three sorts. 1. Violent, which is many times Plena Probatio; as if one be run through the Body in a House, whereof he instantly dies, and a Man is seen to come out of the House with a Bloody Sword, and no other Man was at that time in the House. 2. Probable, which moveth little. 3. Levis seu temeraria, which moves not at all. So in case of a Charter of Feossment, if all the witnesses to the Deed be deed, then Violent Presumption, which stands for a proof, is con∣tinual and quiet Possession. Coke on Littl. lib. 1. ca. 1. sect. 1. Praesumptio stat in dubio, it is doubted of, yet it is accounted Veritatis comes quatenus in contrarium nulla est probatio, ut re∣gula se habet; Stabitur praesumptio donec pro∣betar in contrarium. Presumption was anciently taken for intrusion.—Assultus, Roberia, Sterbrech, Praesumptio terrae vel pecunia Regis, Thesaurus inventus, &c. LL. Hen. 1. cap. 11. De his quae sunt de Jure Regis.

Pretensed Right (Jus Pretensum) Is where one is in possession of Lands or Tenements, and another who is out, claims it; and sues for it; here the Pretensed Right or Title is to be in him, who so does sue and claim.

Price. See Value.

Pricked-bread.—Molendinario septem panes de Conventu & septem panes de Pricked∣bread. Monast. Angl. 1 Part. fol. 496. b. Quaere.

Pride-gabel, In the Mannor of Rodeley in Com. Gloc. is paid to this day, as a Rent to the Lord of the Mannor, by certain Tenants, in duty and acknowledgment to him for their liberty and priviledge of Fishing for Lamprays in Severn. (Prid for brevity, being the later syllable of Lamprid, (as anciently they were called) and Gavel, a Rent or Tribute.) Taylors Hist. of Gavelkind, fol. 112.

Primo Beneficio. See Beneficio.

Primage (Anno. 32 Hen. 8. ca. 14.) Is a duty due to the Mariners and Sailers for the Loading of any Ship at the setting forth from any Haven, which is in some places a penny in

the pound; in others six pence per Pack or Bale, according to the Custom of the place.

Primier Seisin (Prima Seisina, i. The first Possession) Was a Branch of the Kings Prerogative, whereby he had the first possessi∣on of all Lands and Tenements holden of him in cheif, whereof his Tenant died seised in Fee, and consequently the Rents and Profits of them, until the Heir, if he were of age, did his homage, if under age, until he were. But all charges arising by Primier Seisins, are taken away by the Stat. 12 Car. 2. cap. 24.

Prince (Princeps) Is sometimes taken for the King himself; but more properly for the Kings Eldest Son, who is Prince of Wales; as the Eldest Son to the French King is called Dauphine, both being Princes by their Nativi∣ty. Ferns Glory of Generosity, pag. 138.

Before Edward the Second was born at Car∣narvan, and was the first Prince of Wales, the Kings Eldest Son was called Lord Prince. Stamf. Praerog. ca. 22. fol. 75. See 27 Hen. 8. ca. 26. And 28 Ejusdem, ca. 3.

Principal (Principalium) An Heir-lome, Quod vide. In Urchenfield Com. Heref. cer∣tain Principals, as the best Beast, best Bed, best Table, &c. pass to the eldest Childe, and are not subject to Partition. Also the cheif person in some of the Inns of Chancery is called Principal of the House. See Ancient.

Principality of Chester. Anno 21 Rich. 2. ca. 9. See County Palatine, and Cromp. Jurisd. fol. 137.

Prior perpetual, or Dative and re∣moveable. Anno 9 Rich. 2. ca. 4. And 1 Edw. 4. ca. 1. Lord Prior of Saint Johns of Jerusalem. Anno 26 Hen. 8. ca. 2. See Abbot.

Priors Aliens (Priores Alieni) Were certain Religious Men, born in France, and Normandy, and Governors of Religious Houses, erected for Outlandish Men here in England; which were by Henry the Fifth thought no good Members for this Land, and therefore sup∣pressed; whose Livings were afterwards by Henry the Sixth, given to other Monasteries and Houses of Learning, (Stows Annals, pag. 582. And 1 Hen. 5. ca. 7.) but specially to the erecting of those two famous Colledges, called The Kings Colledges of Cambridge and Eaton. 2 Part Inst. fo. 584.

Priority (Prioritas) Signifies an Antiquity of Tenure, in comparison of another less an∣cient. As, To hold by Priority, is to hold of a Lord more anciently than of another. Old Nat. Br. fo. 94. So to hold by Posteriority is used in Stamf. Praerog. ca. 2. fol. 11. The Lord of the Priority shall have the custody of the Body, &c. Cromp. Juris. fol. 120. See Posteriority.

Prisage (Prisa, Fr. Pris) Is that Custom or Share, that belongs to the King, or Lord Ad∣miral, out of such Merchandises as are taken at Sea, by way of lawful Prize, which is usually a Tenth part. 31 Eliz. ca. 5.

Prisage of Wines (Anno 1 Hen. 8. ca. 5.) Is a word almost out of use, now cal∣led Butlerage, (because the Kings cheif Butler receives it) which is a Custom whereby the King challenges out of every Bark loaden with Wine, containing Twenty Tuns or more, two Tun of Wine; the one before, the other be∣hinde the Mast at his price, which is Twenty shillings for each Tun; yet this varies accord∣ing to the Custom of the place, for at Boston, every Bark laden with Ten Tuns of Wine, or above, pays Prisage. See Butlerage, and Cal∣throps Reports, fol. 20. And 4 Part Inst. fol. 30.

MEmorandum, quod Rex habet ex antiqua consuetudine de qualibet Nave Mercatoris Vini 6 Careat. Applican. infra aliquem por∣tum Angliae de viginti doliis duo dolia & de decem doliis unum de Prisa Regia pro quodam certo ab antiquo constitut. solvend. P. Rec. 20 R. 2.

Prise (Prisa) From the Fr. Prendre, i. Ca∣pere) Signifies in our Statutes the things taken of the Kings Subjects by Purveyers. Anno 13 Edw. 1. ca. 7. and 28 Ejusdem, stat. 3. ca. 2. It signifies also a Custom due to the King. An. 25 Ejusdem, ca. 5. Reg. of Writs, fol. 117. b. In forancis paginis antiquis (says the Learned Spelman) Prisae plerumque intelliguntur de an∣nonae reique frumentariae captionibus aliis etiam necessariis, ad alenda instruendaque castrorum praefidia; nec non & regiam familiam minori quam justo pretio agricolis areptis, &c. In Re∣scripto quodam Anno 3 Edw. 1. Norf. ss.—Rogerus de Monte alto, qui sororem & haere∣dem Hugonis de Albeney, &c. desponsaverat, clamat habere libertates has subscriptas, viz. Castellum suum de Risinge cum Prisis 40 die∣rum, &c. Ubi clausulam cum Prisis 40 dierum intelligo de libertate capiendi victualia quae vocant ad sustentationem praesidiarii militis Castri sui, ita quod pretium reddat infra 40 dies. See the Stat. 12 Car. 2. ca. 24.

Prisoner (Fr. Prisonnier) Signifies one that is restraiued of his liberty upon any Acti∣on, Civil, or Criminal, or upon Command∣ment. And a Man may be Prisoner upon Matter of Record, or Matter of Fact: Prisoner upon Matter of Record, is he, who, being present in Court, is by the Court committed to Prison, onely upon an Arrest, be it by the Sheriff, Con∣stable, or other. Stamf. Pl. Cor. lib. 1. ca. 32. fol. 34 & 35.

Privation (Privatio) A bereaving or taking away: Most commonly applied to a Bishop, or Rector of a Church; when by Death, or other act, they are deprived of their Bishop∣rick or Benefice. See Coke on Littl. fol. 329.

Privy (Fr. Privè, i. Familiaris) Signifies him that is partaker, or hath an interest in any Action, or thing; as Privies of Blood, Old Nat. Br. fol. 117. Every Heir in Tail is Privy to re∣cover the Land intailed. Eodem, fol. 137. Mer∣chants Privy, are opposite to Merchant Strangers. Anno 2 Edw. 3. cap. 9. & 14. Coke (lib. 3. Walkers Case, fol. 23. And lib. 4. fol. 123.) men∣tions four kinde of Privies, viz. Privies in Blood, as the Heir to his Father; Privies in

Representation, as Executors or Administrators to the deceased; Privies in Estate, as he in Re∣version, and he in Remainder, when Land is given to one for life, and to another in Fee; the reason is, for that their Estates are created both at one time: The fourth is Privy in Tenure, as the Lord by Escheat, that is, when Land Es∣cheats to the Lord for want of heirs. The Ex∣positor of Law-terms adds a fifth sort of Privy, whom see, and Coke on Litt. lib. 3. ca. 8. Sect. 161.

Privy-seal, (Privatum sigillum) Is a Seal that the King useth to such Grants, or other things as pass the Great Seal; First, they pass the Privy-Signet, then the Privy-Seal, and last∣ly the Great Seal of England. The Privy-Seal is also sometimes used in things of less conse∣quence, that do not at all pass the great one. No Writs shall pass under the Privy-Seal, which touch the Common-Law. 2 Inst. fo. 555.

Priviledge, (Privilegium) Is either perso∣nal or real: A personal Priviledge is that which is granted or allowed to any person, either against or besides the course of the Common-Law: as, a Member of Parliament may not be Arrested, nor any of his menial servants in the time of Parliament, nor for certain dayes before and after. A Priviledge real is that which is granted to a place, as to the Universities, that none of either may be called to Westminster-Hall, or prosecuted in other Courts. See the New Book of Entries, verbo, Priviledge. Pri∣vilegium est jus singulare, hoc est, privata lex, quae uni homini vel loco, vel Collegio & similibus aliis conceditur.

Privity, (Fr. Privauté) Private Familiari∣ty, Friendship, Inward Relation. If there be Lord and Tenant, and the Tenant holds of the Lord by certain services, there is a privity be∣tween them, in respect of the tenure. See Pri∣vie.

Probat of Testaments, (Probatio testa∣mentorum) Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge, delegated by the Bishop, who is Ordina∣ry of the place where the party dies. If all the deceased parties Goods, Chattels, and Debts owing him were in the same Diocess, then the Bishop of the Diocess, or the Arch-deacon (ac∣cording as their composition or prescription is) has the Probat of the Testament; if the Goods were dispersed in divers Dioceses, so that there were any summ of note, (as five pounds ordi∣narily) out of the Diocess where the party lived, then is the Arch-Bishop of Canterbury (or York) the Ordinary by his Prerogative. This Probat is made in two sorts, either in common form, or per testes; The first, is onely by the Oath of the Executor, who swears upon his credality, that the Will by him exhibited, is the last Will and Testament of the Party de∣ceased. Per testes is, when, besides his Oath, he also produceth Witnesses, or makes other proof to confirm the same; which later course is ta∣ken most commonly, where there is fear of strife or dispute about the Testators Goods: For, it is held that a Will proved in common form one∣ly, may be call'd in question any time within thirty years after. And, where a Will dispo∣ses of Lands, or Tenements of Freehold, it is now usually proved by Witnesses in Chancery.

Procedendo, Is a Writ, whereby a Plea, or Cause, formerly called from a base Court to the Chancery, Kings-Bench, or Common-Pleas, by Writ of Priviledge, or Certiorari, is released, and sent again to the same Court to be proceed∣ed in there, after it appears that the Defendant has no cause of priviledge, or that the matter comprised in the Parties allegation on suggesti∣on is not well proved. Brooke, hoc titulo, and Coke, vol. 6. fo. 63. See, Anno 21 Rich. 2. ca. 11. Letters of Procedendo, granted by the keeper of the Privy-Seal. See in what diver∣sity it is used in the Table of the Register of Writs Original and Judicial. Anno 21 Iac. ca. 23.

Process, (Processus, a procedendo ab initio usque ad finem) Is so called, because it pro∣ceeds (or goes out) upon former matter, ei∣ther Original or Judicial; and, has two signifi∣cations: First, it is largely taken for all pro∣ceeding in any real or personal, civil or criminal Action, from the Original Writ to the end. Britton. fo. 138. Secondly, We call that the Process, by which a man is called into any Tem∣poral Court, which is alwayes in the name of the King. See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Pro∣cess upon Inditements before Justices of the Peace, see in Cromp. Iustice of P. fo. 134. Spe∣cial Proces is that, which is especially appointed for the offence by Statute.

Processum continuando, Is a Writ for the continuance of a Process, after the death of the Chief Justice, or other Justices in the Writ or Commission of Oyer and Terminer. Reg. of Writs, fo. 128. a.

Prochein amy, (Fr. Prochain amie, proximus amicus) Is used for him that is next of kin to a child in his nonage, and is in that respect al∣low'd by Law, to deal for him in managing his affairs; as to be his Guardian, if he hold in Socage, and in the redress of any wrong done him. Stat. Westm. 1. ca. 48. and Westm. 2. ca. 15. and is, in the prosecution of any action at law, per Gardianum, where the Plaintiff is an Infant, and per proximum Amicum, where the Infant is Defendant. See 2 Inst. fo. 261.

Proclamation, (Proclamatio) is a notice publickly given of any thing, whereof the King thinks fit to advertise his Subjects; so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Pro∣clamation of Rebellion is a Writ so called, whereby publick notice is given, where a Man, not appearing upon a Subpaena, nor an Attach∣ment in the Chancery, shall be reputed a Re∣bel, if he render not himself by a day assign∣ed in this Writ. See Commission of Rebelli∣on.

Proclamation of a Fine, Is a notice open∣ly and solemnly given at all the Assizes, held in

the County within one year after the ingrossing it; which Proclamations are made upon trans∣cripts of the Fine, sent by the Justices of the Common-Plees to the Justices of Assise, and of the Peace. West, Part 2. Symbol. tit. Fines. Sect. 132. where also you may see the form of the Proclamation. Proclamare est palam & valde clamare. See Proclamations in divers cases, New Book of Entries, verbo, Proclamations.

Pro confesso, Upon a Bill exhibited in Chancery, where the Defendant appears, and is in contempt for not answering, and is in casto∣dy; upon a Habeas Corpus (which is granted by order) to bring him to the Bar, the Court assignes him a day to answer, which being expir'd, and no answer put in, a second Ha∣beas Corpus is likewise granted, and a further day assign'd, by which day, if he answer not, the Bill, upon the Plaintiffs Motion, shall be taken pro confesso, unless cause be shew'd by a day, which the Court does usually give; and, for want of such cause shew'd upon Motion, the Substance of the Plaintiffs Bill shall be decreed, as if it had been confessed by the Defendants Answer. As it was the Case of Filmore and Denny Hill. 1662. Or, after a fourth insufficient Answer made to the Bill, the matter of the Bill, not sufficiently answer'd unto, shall be taken pro confesso.

Proctors of the Clergy, (Procuratores Cle∣ri) Are those, who are chosen and appointed to appear for Cathedral or other Collegiate Churches, as also for the common Clergy of eve∣ry Diocess, to sit in the Convocation House in the time of Parliament. The manner of their election see in Cowels Interpreter on this word. See Prolocutor and Convocation, and see 4 Inst. fo. 4.

Procurations, (Procurationes) Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon, ratione visitationis; They were anciently paid in neces∣sary Victuals for the Visitor and his Attendants, but afterwards turn'd into Money. Procuratio is defin'd by Vallensis, to be necessariorum sum∣ptuum exhibitio, quae, ratione Visitationis, debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus & onus visitandi, sive is sit Episcopus sive Ar∣chidiaconus, sive Decanus, sive Legatus summi Pontificis. Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis & potibus apud Bordesley, & pernoctavit ibidem. Giff. fo. 226. b. See an Historical Discourse of Procurations and Synodals, Printed Anno 1661. These are also called Proxies; as, Archidiaconatus Glouc. va∣let clare in Proxis, Cenag. & Pentecostal. per an. 64—10—00. Ex Record Primitiar. 26 Hen. 8. See Dier, fo. 273. b. and Claus. Rot. 31 Ed. 1. m. 15. dorso.

Procuracy, (Anno 3 Rich. 2. Stat. 1. ca. 3.) See Procurator.

Procurator, Is used for him that gathers the fruit of a Benefice for another Man. Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument, whereby he is Authori∣sed. They are at this day in the West parts called Proctors.

Procurors. See Malveis Procurors.

Profe, alias Prove, Is used for an En∣quest. Anno 28 Ed. 3. ca. 13.

Profer, (Profrum, vel Proferum, from the Fr. Proferer, i. Producere, Edicere, Allegare,) Is the time appointed for the Accompts of She∣riffs, and other Officers, in the Exchequer, which is twice in the year. Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register, fo. 139. in the Writ De Attornato vi∣cecomitis pro profro faciendo. We read also of Profers, Anno 32 Hen. 8. ca. 21. in these words; Trinity Term shall begin the Monday next after Trinity Sunday, whensoever it shall happen to fall, for the keeping of the Es∣soines, Profers, Returns, and other Cere∣monies heretofore used and ke〈…〉〈…〉. In which place Profer signifies the offer or indeavor to proceed in an Action by any Man, concerned so to do. See Britton. ca. 28. fo. 50. b. & 55. a〈…〉〈…〉 80. b. and Fleta, lib. 1. ca. 38. Sect. Utlagati & seq.—Praeterea idem Henricus de Hastinggis, & antecessores sui solebant capere & de jure habere rationabiles expensas suas versus Scaccarium sin∣gulis annis, pro duobus Profris faciendis & uno compoto reddendo per annum, &c. Escact. Anno 30 Ed. 1. n. 19.

Profer the Half-mark. See Half-Mark.

Profession, (Professio) Is used particularly for the entring into any Religious Order. New Book of Entries, verbo Profession.

Prohibition, (Prohibitio) Is a Writ to for∣bid any Court, either Spiritual or Secular, to proceed in any Cause there depending, upon suggestion, that the cognition thereof belongs not to the said Court. Fitz. Nat. Br. fo. 39. G. but, is now usually taken for that Writ, which lies for one that is impleaded in the Court Chri∣stian, for a Cause belonging to the temporal Ju∣risdiction, or the Cognisance of the Kings Court, whereby, as well the Party and his Counsel, as the Judge himself and the Register are forbidden to proceed any farther in that Cause. See Brooke, hoc titulo, and Fitz. Nat. Br. fo. 93. and Bracton, lib. 5. Tract. 5. ca. 3. usque ad 12. who sayes, that it lies not after Sentence given in any Cause. And the Stat. Anno 50 Ed. 3. ordains, that but one Prohibi∣tion should lie in one Cause. See the diversity of Prohibitions in the Table of the Register of Writs, New Book of Entries, on this Word, and 2 Part Inst. fo. 601.

Prohibitio de vasto directa parti, Is a Writ Judicial directed to the Tenant, prohibi∣ting him, from making Waste upon the Land in controversy, during the Sute, Reg. of Writs Ju∣dic. fo. 21. It is sometimes made to the She∣riff, the example whereof you have next follow∣ing in the same Book.

Pro indiviso, Is a Possession or Occupation of Lands or Tenements, belonging to two or more persons, whereof none knows his several portion; as Coparceners before partition. Bracton, lib. 5. Tract. 2. ca. 1. Num. 7.

Prolocutor of the Convocation House (Prolocutor Domus Convocationis) Is an Officer chosen by Persons Ecclesiastical, publickly as∣sembled by vertue of the Kings Writ at every Parliament: And as there are two Houses of Convocation, so are there two Prolocutors, one of the higher House, the other of the lower; the later of which is, presently upon the first Assembly, by the motion of the Bishops, chosen by the Lower House, and presented to the Bishop for Prolocutor of the Lower House, that is, the person, by whom they intend to de∣liver their Resolutions to the Higher House, and to have their own House especially order∣ed and governed. His Office is to cause the Clerk to call the names of such as are of that House, when he sees cause, to read all things propounded, gather suffrages, and the like. Cowel.

Promooters (Promotores) Are those, who in Popular and Penal Actions, do prosecute Offenders in their name, and the Kings, having part of the Fines or Penalties for their reward. These among the Romans were called Quadru∣platores or Delatores. They belong cheifly to the Exchequer, and Kings Bench. Smith de Re∣pub. Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus. 3 Instit. fol. 191.

Promulged (Promulgatus) Published, pro∣claimed. Anno 6 Hen. 8. ca. 4.

Pronotary or Prothonotary (Protonota∣rius, i. Primus notarius) Is a cheif Clerk of the Common Pleas, and Kings Bench, whereof the first hath three, the other one: For the Prog∣notary of the Common Pleas (Anno 5 Hen. 4. ca. 14.) is termed a cheif Clerk of that Court. He of the Kings Bench Records all Actions Civil, as the Clerk of the Crown Office does all Criminal Causes in that Court. Those of the Common Pleas, since the Order of 14. Jac. upon an Agreement made betwixt the Prothono∣taries and Filacers of that Court (who before did enter all Declarations and Pleas, where∣unto a Serjeants hand was not required) do enter and enrol all manner of Declarations, Pleadings, Assises, Judgments, and Actions. They make out all Judicial Writs, except Writs of Habeas Corpus and Distringas Jurator. for which, there is a particular Office not much be∣yond the memory of Man erected, called The Habeas Corpora Office. They also make out Writs of Execution, and of Seisin, Writs of Privi∣ledge, for removing Causes from other Inferior Courts of Record, in case where the party hath cause of Priviledge. Writs of Procedendo, of Scire Facias in all Cases, and Writs to enquire of Damages; and all Process upon Prohibiti∣ons, and upon Writs of Audita Quaerela, and False Judgment, Cum multis aliis. They enter and enrol all common Recoveries; and may make Exemplifications of any Record in the same Term, before their Rolls are made up and brought into the Treasury of Records in that Court.

Pro partibus Liberandis, Is a Writ for the Partition of Lands between Co-heirs. Reg. of Writs, fol. 316.

Property (Proprietas) Is the highest right that a Man hath, or can have to any thing, and no ways depending upon another Mans curtesie. Which none in our Kingdom can properly be said to have in any Lands or Tenements, but onely the King in right of his Crown: Because all the Lands throughout the Realm are in the nature of Fee, and hold either mediately or immediately of the Crown. This word never∣theless is used for that right in Lands and Tene∣ments that common persons have; because it imports as much as arile Dominium, though not Directum. See Fee.

Prophecies (Prophetiae) Are in our Sta∣tutes taken for wizzardly fore-tellings of Mat∣ters to come, in certain hidden and enigmatical Speeches; whereby great commotions have been often caused in this Kingdom, and great attempts made by those, to whom such Speeches promised good success, though the words are mystically framed, and point onely at the Cog∣nizance, Arms, or some other quality of the parties. Anno 3 Edw. 6. ca. 15. And 7 Ejus∣dem, ca. 11. And 5 Eliz. ca. 15. But these for distinction sake, are called Fond, False, or Phan∣tastical Prophecies. 3 Inst. fol. 128.

Propounders. The 85 Cha. of Cokes 3 In∣stitutes, is entituled, Against Monopolists, Pro∣pounders, and Projectors; where it seems to be used onely as a Synonima to Monopolists.

Proprietary (Proprietarius) Is he that hath a property in any thing, Quae nullius arbitrio est obnoxia. But it was heretofore most com∣monly used for him that hath the Fruits of a Benefice to himself, and his Heirs, or Succes∣sors, as in time past, Abbots and Priors had to them and their Successors. See Appropia∣tion.

Proprietate Provanda, Is a Writ that lies for him, who would prove a property before the Sheriff. Reg. of Writs, fol. 83. & 85. For where a Property is alleaged, a Replegiare pro∣perly lies not. Brook, Property 1.

Pro rata, i. Pro proportione. Anno 16 Car. 2. ca. 6.

Pro rata portionis. See Oneranda pro rata portionis.

Prorogue (Prorogo) To prolong, defer, or put off to another day, to continue. Anno 6 Hen. 8. cap. 8. The difference between a Pro∣rogation, and an Adjournment or Continuance of the Parliament, is, That by the Prorogation in open Court, there is a Session; and then such Bills as passed in either House, or by both Houses, and had no Royal assent to them, must at the next Assembly begin again: For every several Session of Parliament is in Law, a seve∣ral Parliament; but if it be but adjourned or continued, then is there no Session, and con∣sequently all things continue in the same state they were in before the Adjournment. 4 Inst. fol. 27.

Prosecutor, Is he that followeth a Cause in an others name. See Promooters.

Protection (Protectio) Is generally taken for that benefit and safety, which every sub∣ject, denizen, or alien, specially secured, hath by the Kings Laws. Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity, given by the King to a person against Sutes in Law, or other vexations, upon reasonable causes him thereto moving, which is a Branch of His Prerogative. And of this Protection, Fitzherbert (Nat. Br. fol. 28.) makes two sorts: The first he calls a Protection, cum clasula, Volumus—Whereof he mentions four particulars, 1. A Protection, Quia pro∣fecturus, for him that is to pass over Sea in the Kings service. 2. Quia moraturus, for him that is abroad in the Kings service upon the Sea, or in the Marches. Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor, that he be not sued nor attached, till the King be paid his debt. Anno 15 Edw. 3. And 4. in the Kings service beyond Sea, or on the Marches of Scotland. Anno 1 Rich. 2. cap. 8. Reg. of Writs, fol. 23. And Britton, cap. 123.

The second form of Protection is Cum clau∣sula Nolumus, which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers: But it may also be granted to a single person Spiritual or Temporal. Protection extends not to Pleas of Dower, Quare Impedit, Assise of Novel Disseisin, Darrein Presentment, Attaints, nor Pleas before Justices in Eyre. See New Book of Entries on this word.

Proto-Forestarius, Was he whom our ancient Kings made cheif of Windsor Forest, to hear all causes of death, or mayhem there. Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre.

Protest (Protestari) Hath two divers Ap∣plications, one is by way of cautel, to call witness (as it were) or openly to affirm, That he doth either not at all, or but conditionally yeeld his consent to any act, or unto the pro∣ceeding of a Judge in a Court, wherein his Jurisdiction is doubtful, or to answer upon his Oath, further then he is by Law bound Reg. of Writs, fol. 306. b The other is by way of com∣plaint to Protest a Mans Bill: As if I pay money to a Merchant in France, taking his Bill of Ex∣change to be repaid in England by his Factor or Assignee, if at my coming I finde not my self satisfied, but either delaid or denied, then I go into the Exchange, and Protest that I am not paid or satisfied by him. And there∣upon, if he hath any Goods within the Realm, the Law of Merchants allows me satisfaction out of them.

Protestation (Protestatio) Is (as Iustice Walsh defines it) a defence of safeguard to the party that makes it, from being concluded by the Act he is about to do, that Issue cannot be joyned upon it. Plowden, fol. 276. b. It is a Form of pleading, when one does not directly affirm, nor directly deny any thing that is al∣leaged by another, or which he himself al∣leageth.

Protbonotary. See Pronotary.

Prove. See Profe.

Prover (Probator) Anno 28 Edw. 1. And 5 Hen. 4. cap. 2. See Approver. And 3 Part Inst. fol. 129. A Man became an Approver and ap∣pealed five, and every of them joyned battle with him, Et duellum percussum fuit cum om∣nibus, & Probator devicit omnes quinque in duello, quorum quatuor suspendebantur, & quin∣tus clamabat esse Clericum & allocatur; & Pro∣bator pardonatur. Mich. 39 Edw. 3. coram Rege Rot. 97. Suff.

Province (Provincia) Was used among the Romans for a Countrey, without the compass of Italy, gained to their subjection by the Sword, of which, that part of France next the Alps, was one, and still retains the name. But with us a Province is most usually taken for the Cir∣cuit of an Archbishops Jurisdiction, as the Province of Canterbury, and that of York. Anno 32 Hen. 8. ca. 23. and 33 Ejusdem, ca. 31. Yet it is often used in our Statutes for several parts of the Realm; and sometimes for a County.—In Placito Agnetis quae fuit uxor Radulphi de Butiller versus Priorem de Repindon, pro terra in Pykinton, Prior dicit quod nulla villa est in Pro∣vincia illa, quae sic vocatur. Placit. de Juratis & Assisis apud Derby. Pasch. 53 Hen. 3. Rot. 2.

Provincial (Provincialis) Is a cheif Go∣vernor of a Religious Order, as of Friars, &c. Anno 4 Hen. 4. cap. 17.

Provision (Provisio) Is used with us, as it is in the Canon Law, for the providing a Bishop, or any other person with an Ecclefiastical living, by the Pope, before the Incumbent be dead. It is also called Gratia expectativa or Manda∣tum de providendo. The great abuse whereof through all Christendom heretofore, you may read not onely in Duarenus de sacris Ecclesiae Ministeriis & Beneficiis, lib. 3. cap. 2. But also particularly in England, mentioned in divers of our Statutes. viz. 35 Edw. 3. cap. 22. stat. 4. & 5. commonly called the Stat. De Provisi∣onibus, & 27 & 38 Ejusdem, stat. 2. Anno 2 Rich. 2. cap. 7. & 3 Ejusdem, cap. 3. & 7 Ejusdem, cap. 12. Anno 2 Hen. 4. cap. 3. & 4. & Anno 3 Hen. 5. cap. 4. See Praemunire.

Provisor, Is generally taken for him that hath the care of providing things necessary; a Purveyor; but more especially in our Statutes it signifies one that sued to the Court of Rome for a Provision, (which Vide supra.) Old Nat. Br. fol. 143. who were prohibited by Procla∣mation, 42 Hen. 3. Anno 1258. Holl. pag. 259. b. 18. Provisores dicuntur, qui vel Episcopa∣tum vel Ecclesiasticam aliam Dignitatem in Ro∣mana Curia sibi ambiebant de futuro, quod ex gratia expectativa nuncuparunt, quia usque dum vacaret expectandum esset. Spel.

Proviso, Is a Condition inserted into any Deed, upon the observance whereof the vali∣dity of the Deed depends; it sometimes signi∣fies a Covenant. Cokes 2 Rep. Lord Cromwels

Case. It hath also another signification in mat∣ters Judicial; as if the Plaintiff or Demand∣ant be slow or desist in prosecuting an Action, by not bringing it to a Tryal, the Defendant or Tenant may take out the Venire Facias to the Sheriff, which hath in it these words Proviso quod—To this end, that if the Plaintiff take out any Writ to that purpose, the Sheriff shall Summon but one Jury upon them both. In which case, we call it, bringing down the Re∣cord, or going to Tryal, by Proviso. See Old Nat. Br. fol. 159. In Nisi Prius.

Provost-Marshal, An Officer in the Kings Navy, who hath charge of the Prisoners taken at Sea. Anno 13 Car. 2. cap 9. art. 30. And is sometimes used for a like purpose at Land, or to seise or arrest any within the Jurisdiction of his place or office.

Proxege. See Senege. Quaere, If it be not the payment of Proxies or Procurations.

Proxies (Sir John Davies Rep. fol. 4.) Are yearly payments made by Parish-Priests to their Bishop or Archdeacon, Ratione Visitationis. See Procurations, and the Case Inter Regem & Sir Ambros. Forth, 2 Jac. in the Exchequer.

Pryk, Is a kinde of Service and Tenure.—Nich. Filius & Haeres Nich. de Longforde Chivalier, tenet quatuor Messuagia, 40 Acras terrae, decem Acras prati & lx s. redditus cum pertinentiis in Kinwaldmersh, de Rege in Capite, per servitium inveniendi unum equum, unum saccum, & unum Pryk in guerra Walliae, quan∣docunque contigerit Regem ibi guerrare. Mich. Fines 1 Rich. 2. Derb. fol. 204.

Publick Faith, (Fides Publica) Anno 17 Car. 1. cap. 18. Was a Rebellious Cheat, to raise Money of the seduced People, upon the Publick Faith of the Nation, to make a wicked and causeless War against a most Religious and Gracious Soveraign, which began in or about the year 1642.

Pucellage (Pucellagium, Fr. Pucelage) Virginity, Maiden-head.—Quod tenuit eam dum idem B. abstulit Pucellagium suum, vel quod concubuit cum ea. Bracton, lib. 3. tract. 2. cap. 28. num. 2, 3, & 5. In an ancient MS. I finde it written Puellagium. In placito pro Raptu, sic continetur—quod ipsam de Puellagio suo felo∣nicè, & totaliter defloravit. Inter Plac. Mich. 19 Edw. 3. London. 159.

Pudhepec (Sax.)—Si Pudhepec (i. nemoris caesio) Paerco Regis vel Forestae fiat, 30 manc. emendetur, nisi Propositio propensior amplius exigat. LL. Hen. 1. cap. 38. But the Learned Spelman believes it to be false written, for the Saxon ƿudhepec, i. Wudhepec, the W. in that Character being like the P. in ours.

Pudʒeld (Coke on Littl. fol. 233.) The same with Woodgeld; for it seems to be a mistake of the Saxon ƿudgeld

Puisne (Fr. Puisné) Younger, Puny, born after. See Mulier.

Pundbrech (A Sax. Pund, i. Parcus & brech, i. fractura) Si Pundbrech (i. Fractura Parci) fiat in Curia Regis plena Wyta sit; alibi quinque mancae. LL. Hen, 1. cap. 40. It is the illegal taking of Cattle out of the Pound, either by breaking the Pound, picking the Lock, or other∣wise.

Purchas (Purchacia, from the Fr. Pour∣chasser) Is to buy Lands or Tenements with ones Money, or otherwise gain it by ones in∣dustry, contradistinguished from that which comes to one by descent from his Ancestors. Gaufridus de Mandevilla Comes Essexiae fundator Canobii Sancti Jacobi Waldensis in Charta prima—Contuli, &c. omnes Ecclesias inferius annotatas, tam de Dominio meo, quam de emptis & Purchasiis, &c. Joinct-Purchas (conjunctum perquisitum.) Reg. of Writs, fol. 143. b. Is where two persons or more joyn in a Purchase of Lands.

Purfles of a Womans Gown (from the Fr. Pourfiler, Anno 33 Hen. 8. cap. 5.) A sort of trimming for Womens Gowns, then in use; it was made of Tinsel, or Gold-Thred, or Lace, and was also called Baudkin Work. So Cam. tit. Ireland, speaks of a Mantle or Shag-rug, with a deep fringed Purfle.

Purgation (Purgatio) Is the clearing ones self of a crime, whereof he is probably and publickly suspected, and thereof accused be∣fore a Judge. Of this there was great use in England, touching matter of Felony imputed to Clerks in former times, as appears by Stamf. Pl. Cor. lib. 2. cap. 48. and Westm. 1. cap. 2. See Clergy. It is still observed in matters pertain∣ing to the Ecclesiastical Court, as suspition or common fame of incontinency, or such like.

Purgation is either Canonical or Vulgar; Canonical, is that which is prescribed by the Canon Law; the form whereof, is usual in the Spiritual Court, the person suspected taking his Oath, That he is clear of the Fact object∣ed; and bringing so many of his honest Neigh∣bors, not above Twelve, as the Court shall assign him, to swear upon their Consciences and Credulity, that he swears truly: The Vul∣gar, and ancient manner was by fire, or wa∣ter, or by combat, used by Insidels and Christi∣ans also, till by the Canon Law it was abolish∣ed. But Combat, though now disused, may be still practised by the Laws of the Realm, in Cases doubtful, and where there is a want of evidence, or other proof, if the Defendant chuse rather the combat, then other tryal. See Ordel and Combat.

Purificatio Beatae Mariae Uirginis. (Anno 32 Hen. 8. cap. 21.) See Candlemass.

Purlue or Purlieu (from the Fr. Pur, i. Purus, & lieu, locus) Is all that Ground near any Forest, which, being made Forest by Henry the Second, Richard the First, or King John, were by Perambulation granted by Henry the Third severed again from the same, and became Purlue, i. Pure and free from the Laws and Ordinances of the Forest. Manwood, Par. 2. For. Laws, cap. 20. See the Stat. 33 Edw. 1. stat. 5. And the Perambulation whereby the Purlieu is Deafforested, is called Pourallee, i. Perambulatio. 4 Inst. fol. 303.

Purlieu-Man, Is he that hath Ground with∣〈◊〉〈◊〉 the Purlieu, and being able to dispend forty shillings per annum of Freehold, is licensed to ••unt in his own Purlieu. Manwood, part 1. pa. 151. 157. but, what observations he must use in his hunting see more in him, pa. 180, and Par. 2 ca. 20. Num. 5. 8. 9.

Purpresture, (From the Fr. Pourprist and Pourprest, 1. Integre arreptum) est proprie terrae alienae clandestina sustractio, ejusdemque vicinae ascriptio. See Pourpresture.

Purprisum, (Fr. Pourpris) A Close, or En∣closure; also the whole compass or extent of a Mannor or Place.—Donavi eis meum Purpri∣sum de Kirkeham & domos meas & molendinum & prata, &c. Carta Walteri Espec Priorat. de Kirkeham. in Mon. Angl. 2 Par. fo. 106. n. 40.

Purrel, (Anno 35 Eliz. ca. 10.) A List or∣dained to be made at the end of Kersies, to pre∣vent deceit in diminishing their length.

Pursy, (Anno 43 Eliz. ca. 10.) A Terme among Clothiers. See Rewey.

Pursuivant. See Poursuivant.

Purveyance See Pourveyance.

Purvieu, (Fr. Pourveu, A Patent, Gift, Grant; and Pourveu que, so that, on condition that) Sir Edward Coke often uses it in his Works for the Body or that part of an Act of Parlia∣ment which begins with Be it Enacted—The Stat. of 3 Hen. 7. stands upon a Preamble and a Purview. 12 Rep. fo. 20.

Putage, (Putagium) Fornicatio ex parte fae∣minae: quasi puttam agere, a Gall. Putte, i. Me∣retrix.—Quod autem generaliter solet dici, Putagium haereditatem non adimit; illud intel∣ligendum est de putagio Matris; quia filius haeres legitimus est, quem nuptiae demonstrant. Glanv. l. 7. ca. 12.

Putura, (q. Potura) A Custom claimed by Keepers in Forests, and sometimes by Bailiffs of Hundreds, to take Mans meat, Horse meat, and Dogs meat of the Tenants and Inhabitants gratis, within the perambulation of the Forest, Hundred, &c. This Custom within the liberty of Knaresburg was long since turned into the payment of 4 d. pro Putura. MS. de temp. Ed. 3. Pl. Coron. in Com. Ebor. de Anno 21 Ed. 3. Putura in Chasia de Bovoland. 4 Inst. 307.

Per Puturam servient. Johannes Stanley Ar. clamat habere de quolibet tenente, aliquam terram vocatam Ould Oxgang Lands possidente, qua∣libet sexta septimana victum prout Paterfamilias residens super hujusmodi terram habuerit. Pl. in Itin. apud Cestriam 14 Hen. 7. And the Land subject to this Custom is called terra puturata. Pla. apud Cestr. 31 Ed. 3.

Placita apud Preston 17 Edw. 3. coram Willielmo de Shareshull, Rogero de Hungerford, Henrico de Hungerford, Henrico de Hanbury, Simone de Pake∣man, & Rogero de Hillary.

JOhannes de Radecliffe, Seneschallus libertatis de Penwortham attachiatus fuit ad respon∣dendum Abbati de Evesham de placito, &c. Jo∣hannes clamat unam Puturam in Prioratu de Penwortham, qui est quaedam Cella Abbatiae de Evesham, pro se & Ministris, equis & garcionibus suis, per unum diem & duas noctes, de tribus sep∣timanis in tres septimanas, viz. de victualibus, ut in esculentis, & poculentis, ad custus Prioratus praedicti, indebite.

Pyker alias Pycar, A kind of Ship, menti∣oned Anno 31 Edw. 3. Stat. 2. ca. 2.

Pyrate. See Pirate.

Q.

QUadragesima Sunday, Is the first Sun∣day in Lent, and so called, because it is about the fortieth day before Easter. See Quinquagesima.

Quadrantata terrae. See Fardingdeal.

Quadrugata terrae, A Teem Land; Quae quatuor equis agitur.—Willielmus Prior de Tuttebur. & omnes Monachi ejusdem loci conces∣serunt Ormo de Acouere & heredibus suis unam Quadrugatam terrae quae attinet ad Man. de Ma∣lefeld solam & quietam sicut tenuit in diebus Henr. de Ferr. &c. pro octo sol. redd. per ann. ad Festum S. Martini, &c. Sine dat. M. S. Will. Dugdale Ar.

Quae plura, Was a Writ that lay where an Inquisition had been made by an Escheator, of such Lands or Tenements, as any man died seized of, and all was supposed not to be found by the Office; this was therefore to enquire what more Lands or Tenements the party dyed seised of. The form see in Reg. of Writs, fo. 293. and in Fitz. Nat. Br. fo. 255. This Writ is now made useless by taking away the Court of Wards and Offices post mortem. Anno 12 Car. 2. ca. 24.

Quaerens non invenit plegium, Is a re∣turn made by the Sheriff, upon a Writ direct∣ed to him, with this Condition inserted. Si A. fecerit B. securum de clamore suo prosequendo, &c. Fitz. Nat. Br. fo. 38.

Quae servitia, Is a Writ. See Per quae servitia.

Quam diu se bene gesserit, Is a Clause often used in Letters Pattent of the Grant of Offices, as in those to the Barons of the Exche∣quer; which must be intended in matters con∣cerning their Office; and is no more then the Law would have imply'd, if the Office had been granted for life. 4 Inst. fo. 117.

Quale jus, Is a Writ Judicial, that lies, where a man of Religion has Judgment to re∣cover Land, before execution is made of the Judgment; for this Writ must go forth to the Excheator, between Judgment and Execution, to enquire whether the Religious Person has right to recover, or whether the Judgment be obtained by Collusion between the Demandant and Tenant, to the intent that the true Lord be not defrauded. See Westm. 2. ca. 32. The form

of it see in Reg. of Writs Judic. fo. 8. 16. and New Book of Entries.

Quantum meruit, i. How much he has de∣served; an Action of the Case so called, ground∣ed upon a promise to pay a man for doing any thing so much as he should deserve or merit.

Quare ejecit infra terminum, Is a Writ that lies for a Lessee, in case where he is cast out of his Farm, before his term be expired, against the Feoffee or Lessor that ejects him; And it differs from the Ejectione firmae; because this lies where the Lessor, after the Lease made, enfe∣offs another, who ejects the Lessee; the Ejectio∣ne firmae lies against any other stranger that ejects him. The effect of both is all one, which is, to recover the residue of the term. See Fitz. Nat. Br. fo. 197, and Reg. of Writs, fo. 227.

Quare impedit, Is a Writ that lies for him, who has purchased an Advowzen, against him that disturbs him in the right of his Advowzen, by presenting a Clerk thereto, when the Church is void. And it differs from the Writ called Assisa ultimae Presentationis, because that lies, where a man or his Ancestors formerly present∣ed; and this for him that is the purchaser him∣self. Where a man may have that Assise, he may have this Writ, but not contrariwise. See new Book of Entries on this Writ, Bracton, lib. 4. Tract. 2. ca. 6. Fitz. Nat. Br. fo. 32. and Westm. 2. ca. 5.

Quare incumbravit, Is a Writ that lies against the Bishop, who, within six Moneths af∣ter the vacation of a Benefice, confers it on his Clerk, whilst two others are contending in Law, for the right of presenting. Old Nat. Br. fo. 30. Fitz. Nat. Br. fo. 48. and Reg. of Writs, fo. 32.

Quare intrusit matrimonio non satisfa∣cto, Is a Writ that lay for the Lord against his Tenant, being his Ward, who, after convenable Marriage offer'd him, marries another, and en∣ters nevertheless upon his Land, without agree∣ment first made with his Lord and Guardian. But all Wardships being taken away (by Act 12 Car. 2. ca. 24.) This Writ is become use∣less.

Quare non permittit, Is a Writ, that lies for one, that has right to present for a turn a∣gainst the Proprietary. Fleta, lib. 5. ca. 16.

Quare non admisit, Is a Writ that lies against the Bishop, refusing to admit his Clerk, who has recover d in a Plea of Advowzen, Fitz. Nat. Br. fo. 47.

Quarentena habenda, Is a Writ that lies for a Widdow to enjoy her Quarentene, Reg. of Writs, fo. 175.

Quarentene, (Quarentena,) Is a benefit allow'd by the Law to the Widow of a Landed Man deceased, whereby she may challenge to continue in his capital Messuage, or chief Man∣sion House, (so it be not a Castle) by the space of 40 dayes after his decease. Bracton, lib. 2. ca. 40. And, if the heir, or any other attempt to eject her, she may have the Writ de Qua∣rentena habenda, Fitz. Nat. Br. fo. 161. Ma∣neat (vidua) in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui, infra quos dies assignotur ei dos, nisi prius assignata fue∣rit, vel nisi domus illa sit Castrum. Mag. Carta ca. 7.—See Fleta, lib. 5. ca. 23.

Quarentene signifies also a quantity of ground containing 40 Perches,—quatuor ca∣rucatas terrae arabilis, continentes in longitudine 8 quarentenas, & 8. quarentenas in latitudine. Chart. Withlasii Regis Merciorum apud In∣gulf.—Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illi∣us, hoc est quatuor miliaria & tres quarentenae & novem acrae latitudine, & 9 pedes, & 9 palmae & novem grana ordei. LL. Hen. 1. ca. 17. Qua∣rentena in London ponetur pro respectu habend. per 40 dies post summonitionem per breve Regis, ut consulant, &c. si sibi viderint expedire. MS. de temp. Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes, wherein any person, coming from Forrein Parts infected with the Plague, is not permitted to land, or come on shore, untill so many dayes are expired.

Quare obstruxit, Is a Writ that lies for him, who, having a liberty to pass through his neigh∣bours ground, cannot enjoy his right, for that the owner has so strengthned it. Fleta, lib. 4. ca. 26. Sect. Item si minus.

Quarel, (Querela, a querendo) This pro∣perly concerns personal Actions, or mixt at the highest, for the Plaintiff in them is called Que∣rens, and, in many of the Declarations in tres∣pass it is said queritur. Yet, if a Man release all Quarels, or querels, (a Mans Deed being taken most strongly against himself) it is as strong as all Actions; for, by it all actions real and personal are released.

Quareria, A Quarry of Stone.—Praete∣rea dedi eis Turbariam, & Petrariam & Quare∣riam, ubicunque invenire poterint in territorio vil∣lae de Hepp, &c. Mon. Ang. Par. 2. fo. 595. b.

Quarter.—Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4.

Quarter-Sessions, Is a Court held by the Justices of Peace in every County once every Quarter of a year, 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends, see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub. Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace; but now it extends much farther, by power given to the Justices of Peace by many late Statutes.

Quash, (Quassare. Fr. Quasser.) To over∣throw or annul. Bracton. lib. 〈◊〉〈◊〉. Tract. 2. ca. 3. num. 4. Anno 11 Hen. 6. ca. 2. As, if the Bailiff of a liberty return any out of his Franchise, the Array shall be quashed; as an Array, re∣turned by one that has no Franchise, shall be quash'd. Coke on Lit. fo. 156.

Quechord, (Anno 17 Edw. 4. ca. 3.) A kind of Game, prohibited by the said Statute: perhaps the same we now call Shovelbord.

Que est mesme, (Signifying verbatim, which is the same thing) Is used with us, as a word of Art, in an action of trespass or such like, for a direct justification of the very act complained

of by the Plaintiff, as a wrong. For example, in an Action of the Case, the Plaintiff sayes, the Lord threatned his Tenants at will in such sort, as he forced them to give up their Lands. The Lord for his defence pleads, that he said unto them, if they would not depart, he would sue them at Law: This being the same threat∣ning that he used, or, to speak artificially, que est le mesme, the Defence is good. See Kitchin, in Cha. Que est le mesme, fo. 236.

Que estate, Signifies verbatim, which estate, or the same Estate; and is a Plea, whereby a man, entituling another to Land, &c. saith, that the same estate himself had, he has from him; For example, in a Quare impedit, the Plaintiff alleageth, that such four persons were seized of Lands, whereunto the Advowson in question was appendant in Fee, and did present to the Church, and afterwards the Church was void, que estate—that is, which estate of the four persons he has now during the vacation, by vertue whereof he presented, &c. Broke tit. que estate, fo. 175. and see Coke on Litt. fo. 121.

Queen (Regina) Is either she that holds the Crown of this Realm by right of Blood, or she that is Marryed to the King, which last is called Queen Consort. In the former significa∣tion, she is in all construction the same that the King is, and has the same power in all respects: In the later, she is inferior, and a person exempt from the King; for, she may sue, and be sued in her own name: yet, what she hath is the Kings, and what she loseth the King lo∣seth. Stamf. Praerog. ca. 2. fo. 10. and Coke, lib. 4. Copyhold-Cases, fo. 23. b.

Queen gold, (Aurum Reginae) Is a Royal Duty, or Revenue belonging to every Queen Consort, during her Marriage to the King of England, both by Law, Custom, and Praescrip∣tion, payable by sundry persons in England and Ireland (upon divers Grants of the King) by way of Fine or Oblation, amounting to ten Markes or upwards; to wit, one full tenth part above the entire Fine, as Ten pounds for every Hundred pounds Fine, upon Pardons, Con∣tracts, or Agreements; which becomes a real debt and duty to the Queen, by the name of Aurum Reginae, upon the Parties bare agree∣ment with the King for his Fine, and recording it, without any promise or contract, for this tenth part exceeding it. Lib. Nig. Scac. pa. 43. 44. Cokes 12. Rep. fo. 21. 22. and Mr. Pryns Tractate, on this Subject per tot.

Quein redditum reddat, Is a Writ Judi∣cial, lying for him to whom a Rent-Seck, or Rent-Charge is granted, by Fine levied in the Kings Court, against the Tenant of the Land, that refuseth to atturn to him, thereby to cause him to atturn. Old. Nat. Br. fo. 156.

Querela frescae fortiae, Is a Writ. See Freshforce.

Querela coram Rege & Consilio, &c. Is a Writ, whereby one is called to justifie a com∣plaint of a Trespass made to the King himself, before the King and his Counsel, Reg. of Writs, fo. 124.

Questus est nobis, &c. Is the form of a Writ of Nusance, which, by the Stat. Anno 13 Ed. 1. ca. 24, lies against him to whom the House or other thing that breeds the Nusance is alienated; whereas before the Statute this Acti∣on lay onely against him that first levied, or caused the Nusance to the damage of his Neigh∣bor.

Quia improvide, Seems to be a Superse∣deas granted in the behalf of a Clerk of the Chancery, sued against the priviledge of that Court, in the Common-Pleas, and pursued to the Exigend, or in many other cases, where a Writ is erroneously sued out, or misawarded. See Dyer, fo. 33. n. 18.

Quid juris clamat, Is a Writ Judicial, is∣suing out of the Record of a Fine, which re∣mains with the Custos Brevium of the Common-Pleas, before it be engrossed (for after it can∣not be had) and it lies for the Grantee of a reversion or remainder, when the particular Te∣nant will not atturn. West, par. 2. Symbol. tit. Fines. Sect. 118. See New Book of Entries, on this Writ.

Quid pro quo, Is an artificial Speech, signi∣fying as much as the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 among the Civilians, which is a mutual performance of both parties to a Contract, or a giving one thing for another, as 10 l. for a Horse, Kitchin, fo. 184.

Quietancia sectae Hundredi & Wichmote—Per haec verba Johannes Stanley Ar. clamat quod ipse & tenentes sui non teneantur venire ad Curiam istam. Pl. in Itin. apud Cestriam 14 Hen. 7. See Acquietancia.

Quietancia Assisarum super Assisam—Per haec verba Johannes Stanley clamat, quod ipse, & tenentes & residentes sui non ponantur in Assisis jurat. nec magnis Assisis. Plac. ut su∣pra.

Quietus, (i. Freed or acquitted) Is a word used by the Clerk of the Pipe, and Auditors in the Exchequer, in their Acquittances or Dis∣charges given to Accountants; usually conclu∣ding with abinde recessit quietus, which is called a Quietus est, and is mentioned in the Act of general Pardon, 12 Car. 2. ca. 11. and 14 Car. 2. ca. 21. A Quietus est granted to the Sheriff, shall discharge him of all accounts due to the King. Anno 21 Jac. ca. 5.

Quinquagesima Sunday, Is that we call Shrove-Sunday, and is so called, because it is about the fiftieth day before Easter; of which you may read in Durandi Rationali Divinorum, cap. de Quinquagesima, and mentioned in Bri∣ton, and other ancient Law-writers.

Quinque portus, The Cinque-ports, which are, 1. Hastings, 2. Romene, 3. Hethe, 4. Dover, and 5. Sandwich. To the first Winchelsea and Rye belong, which are reckoned as part or mem∣bers of the Cinque-ports.—Servitium quod Barones Quinque Portuum praescriptorum recog∣noscunt facere ad summonitionem Regis per an∣num, si contigerit per 15 dies ad custum eorum proprium; ita quod primus dies computatur a die quo vela navium erexerunt, usque partes ad quas

n dere debent, vel ulterius quamdiu Rex volu∣erit ad custum ejus. See Cinque Ports.

Quinsieme or Quinzime (Decima quinta) Is a French word signifying a Fifteenth; with us it is a Tax, so called, because it is raised after the Fifteenth part of Mens Lands or Goods. Anno 10 Rich. 2. cap. 1. and 7 Hen. 7. cap. 5. See Fifteenth and Tax. It is well known by the Exchequer Roll what every Town throughout England is to pay for a Fifteenth. Sometime this word Quinsieme or Quinzime is used for the fifteenth day after any Feast, as the Quinzime of S. John Baptist. Anno 13 Ed. 1. in the Preamble.

Quintane (Quintana) Fr. Quintaine & Bersant) A kinde of exercise tkat young Men did, and still do use in some parts of this Na∣tion (especially Shropshire,) by breaking Poles on Horse-back against a strong Plank or Butte∣ress set up in the High-way, most used at mar∣riages. What it was anciently, Matthew Paris thus delivers.—Eo tempore juvenes Londini statuto Pavone pro bravio, ad stadium quod Quin∣tana vulgariter dicitur, vires proprias & equo∣rum cursus sunt experti. In Hen. 3 sub initio Anni 1253.

Quint-exact (Anno 31 Eliz. cap. 3.) Quinto exactus, Is the last Call of a Defendant, who is sued to the Outlary, when, if he appear not, he is by the judgment of the Coroners, returned outlawed; if a Feme, waved. See Exigent.

Quinzime. See Quinsieme.

Quiteclaim (Quieta clamantia) Is a Re∣lease or Acquitting a Man for any Action, that he hath or may have: A quitting of ones Claim or Title. Bracton, lib. 5. tract. 5. cap. 9. num. 9. and Lib 4. tract. 6. cap. 13. num. 1.

Quit-rent (Quietus Redditus) Quasi, Quiet-rent, is a certain small Rent, payable yearly by the Tenants of most Mannors, which when paid, the Tenant is quiet and free, till it becomes due again. This in some ancient Re∣cords is written White-rent; because paid in Silver.

Quod ei Deforceat, Is a Writ that lies for the Tenant in Tail, Tenant in Dower, or Tenant for Life, against him that entred or took away their Land recovered, or against his Heir. See Brook hoc tit. Reg. of Writs, fol. 171. and Westm. 2. cap. 4.

Quod Clerici non eligantur in Officio Balivi, &c. Is a Writ that lies for a Clerk, who, by reason of some Land he hath, is made, or like to be made either Bailiff, Bedel, or Reeve, or some such like Officer. See Clerico infra sacros, &c. And Regist. of Writs, fol. 187.

Quod permittat, Is a Writ that lies for the heir of him that is disseised of his Common of Pasture, against the heir of the Disseisor, being dead. Briton (cap. 8.) says, This Writ lies for him, whose Ancestor died seised of Common of Pasture, or other like thing an∣nexed to his Inheritance, against the Deforceor See Brook hoc tit. and New Book of Entries.

Quod Clerici beneficiati de Cancellaria, Is a Writ to exempt a Clerk of the Chancery, from contributing towards the Proctors of the Clergy in Parliament. Regist. of Writs, fol. 261 a.

Quod persona nec Prebendarii, &c. Is a Writ that lies for Spiritual Persons that are distrained in their Spiritual Possessions, for the payment of a Fifteenth, with the rest of the Parish. Fitz. Nat. Br. fol. 176.

Quod non permittat. See Consuetudinibus & Servitiis.

Quo jure, Is a Writ, that lies for him who hath Land, wherein another challengeth Common of Pasture, time out of minde; and it is to compel him to shew by what title he so chal∣lenges it. Fitz. Nat. Br. fol. 128. and Britton, cap. 59. at large.

Quo minus, Is a Writ that lies for him, who hath a grant of House-bote and Hay-bote, in another Mans Woods, against the Grantor making such Waste, as the Grantee cannot en∣joy his Grant. Old Nat. Br. fol. 148. and Kitchin, fol. 178. This Writ also lieth for the Kings Farmer in the Exchequer, against him to whom he sells any thing by way of Bargain, touching his Farm, or who oweth him any Money, or against whom he hath any cause of Personal Action. Perkins, Grants 5. For he supposeth by the Vendees detaining any due from him, he is made less able to pay the King Rent. Under which pretence any one, who pays the King a Fee-farm Rent, may have this Writ against any other person for any debt, or damage, and bring the Cause to tryal in the Exchequer.

Quo Warranto, Is a Writ that lies against him, who usurps any Franchise or Liberty against the King, as to have Waiff, Stray, Fair, Market, Court-Baron, Leet, or such like, without good Title. Old Nat. Br. fol. 149. or else against him that intrudes himself as heir into Land. Bracton, lib. 4. tract. 1. cap. 2. num. 3. And 18 Edw. 1. stat. 2 & 3. And 30 Ejus∣dem. See also the New Book of Entries.

Quorum, Is a word often mentioned in our Statutes, and much used in Commissions, both of Justices of the Peace, and others. As for example, where a Commission is directed to five persons, or to any three of them, whereof A. B. and C. D. to be two, in this Case A. B. and C. D. are said to be of the Quorum, because the rest cannot proceed with∣out them. So a Justice of the Peace and Quo∣rum is one, without whom, the rest of the Justices in some cases cannot proceed. Anno 3 Hen. 7. cap. 3. And 32 Hen. 8. cap. 43.

Quyke, Was anciently used for a Live or Quick Beast. John Bracebrige of Kinnersbury Esq in his Will, dated 7 Hen. 8. Ordained, That his best Quyke should be taken in the name of his Mortuary.

R.

RAchetum alias Rachatum (from the Fr. Rachater or Racheter, i. Redimere) Theif∣bote, the Compensation or Redemption of a Theif. Nullus capiat Rachetum, hoc est Theif∣bute de Latrocinio. 1 Stat. Rob. R. Scot. cap. 9.

Rack (Fidiculae, sic dict. quia eis rei in eculeo torquentur, ut fides inveniatur) An Engin, in the Tower, with Cords, and Strings, to extort Confession from Delinquents. John Holland, Earl of Huntingdon, was by King Henry the Sixth, created Duke of Exeter, Anno 16 H. 6. the King granted to him the Office of Constable∣ship of the Tower. He and William de la Poole, Duke of Suffolk, and others, intended to have brought in the Civil Laws: For a beginning whereof, the Duke of Exeter, being Constable of the Tower, first brought into the Tower the Rack or Brake, allowed in many Cases by the Civil Law; and thereupon it was called The Duke of Exeters Daughter, because he first brought it thither. 3 Inst. fol. 35.

Rack-vintage (Anno 32 Hen. 8. cap. 14.) Is a second Vintage or Voyage for Wines by our Merchants into France, &c. for Rack'd Wines, that is, Wines drawn from the Lees. from this Voyage, our Merchants commonly re∣turn about the end of December, or beginning of January.

Rad Knights. See Rod Knights.

Radechenistres, i. Liberi homines. Domes∣day, tit. Leofminstre (Lempster)—Ibi erant 8 Praepositi, & 8 Bedelli, 8 Radechenistres, 238 Villani, & 75 Bordarii, &c.

Radman, Domesday, tit. Herefscire. 15 Bordar. Praepositus & unus Radman, &c. Seems to be the same with Rod-Knight.

Rageman, Is a Statute so called, of Justices assigned by Edward the First and his Council, to hear and determine, throughout all England, all Complaints of Injuries done within five years next before Michaelmas, in the Fourth year of His Raign.

Ragmans-Roll Edward the Third (says Sir Richard Baker in his Chronicle, fol. 127.) surrendered by His Charter, all His Title of Soveraignty to the Kingdom of Scotland, re∣stored divers Deeds and Instruments of their former Homages and Fealties, with the famous Evidence called Ragmans Roll.

Ran (Sax.) Aporta Rapina, so open a spoiling a Man, as it cannot be denied. Hove∣den, inter ea quae Willielmus prinius constituit in emendationem legum Angliae, parte post. Hen. 2.—Decretum est etiam ibi, ut si Francigena ap∣pellaverit Anglicum, de perjurio, aut murdro, furto, homicidio, Ran, quod dicunt apertam rapinam, quod negari non potest, Anglicus se defendet per quod melius voluerit, aut judicio ferri, aut duello. Consonant whereunto it is to this day vulgarly said by one, who taketh the Goods of another injuriously, and by violence: He hath taken all he could Rap and ran; rap, from rapio, to snatch.

Range (from the Fr. Ranger, i. To order, array, or dispose of) Is used in the Forest Laws, both as a verb (as to range) and as a Substantive (as to make range) Char. de Foresta, cap. 6. The Ranger is a sworn Officer of the Forest, of which sort, there are Twelve, Idem. cap. 7. whose authority is partly described by his Oath, set down by Manwood, Par. 1. pag. 50. but more particularly, in Par. 2. cap. 20. num. 15, 16, & 17. His Office cheifly consists in these three points, Ad perambulandum quo∣tidiè per terras deafforestatas, ad videndum, au∣diendum & inquirendum tam de malefactis, quam de malefactoribus in Balliva sua; ad refugandum feras forestae tam Veneris quam Chaseae de terris deafforestatis, in terras afforestatas & ad presen∣tandum omnes transgressiones Forestae in terris deafforestatis factas, ad proximas Curias illius Forestae tentas. This Ranger is made by the Kings Letters Patent, and hath a Fee of 20 or 30 l. paid yearly out of the Exchequer, and certain Fee-Deer.

Ransome (Redemptio, Fr. Rencon.) Signi∣fies properly the sum paid for redeeming a Captive, or Prisoner of War, and sometimes a great sum paid for the pardoning some hei∣nous crime. Anno 1 Hen. 4. cap. 7. and 11 Hen. 6. cap. 11. When one is to make a Fine and Ransom, the Ransom shall be treble to the Fine. Cromp. Just. of Peace, fol. 142. a. And Lamb. Eiren. lib. 4. cap. 16. pag. 556. Horn (in his Mirror of Justices) makes this difference be∣tween Amerciament and Ransom; that Ransom is the redemption of a corporal punishment, due by Law to any offence. Lib. 3. cap. de A∣merciament taxable. See Coke on Littl. fol. 127. a.

Rape (Rapus vel Rapa) Is a part of a County, signifying as much as a Hundred, and sometimes Quod plures in se continet Hundredos: As, all Sussex is divided into six Rapes onely; viz. The Rape of Chichester, Arundel, Brem∣ber, Lewis, Penensey, and Hastings; every of which, besides their Hundreds, hath a Castle, River, and Forest belonging to it. Cam. Brit. pag. 225. & 229. These parts are in other Coun∣ties called Tithings, Lathes, or Wapentakes. Smith de Repub. Angl. lib. 2. cap. 16.

Rape (Raptus) Is when a Man hath carnal knowledge of a Woman by force, and against her will: But if the Woman conceive, it is no Rape, for she cannot conceive unless she consent. Coke on Littl. lib. 2. cap. 11. sect. 190. This offence is Felony in the Principal, and his Aiders. Anno 13 Rich. 2. stat. 2. cap. 1. 11. Hen. 4. cap. 13.—1 Edw. 4. cap. 1. and Westm. 2. cap. 13. and shall not be allowed Clergy. Anno 18 Eliz. cap. 7. But Fleta says, the com∣plaint must be made within forty days, else the Woman may not be heard, Lib. 3. cap. 5. sect. Praeterea. And carnal knowledge of a Woman

under ten years old is Felony. Anno 8 Eliz. cap. 6. Of the diversity of Rapes, see Cromptons Justice of Peace, fol. 43 & 44. The offender is called Raptor, a Ravisher, and in Bractons time he was punished with the loss of his Eyes and Stones, Quia calorem stupri induxerunt. 3 Inst. fol. 60.

Rape of the Forest (Raptus Forestae) Inter delicta numeratur, quorum cognitio ad unicum Regem spectat. LL. Hen. 1. cap. 10.—Violentus concubitus, Raptus Forestae, Relevationes Baro∣num suorum, &c. Trespass committed in the Forest, by violence.

Rapine (Rapina) To take a thing secretly against the owners will, is properly Theft, openly, or by violence, is Rapine. Anno 14 Car. 2. cap. 22. and 18 Ejusdem, cap. 3.

Raptu haeredis, Is a Writ lying for the taking away an heir, holding in Socage; of which, there are two sorts, one when the heir is marri∣ed; the other, when not. Of both, see Reg. of Writs, fol. 163. b.

Rase (Raseria)—Toll shall be taken by the Rase, and not by the Heap or Cantel. Ordinance for Bakers, Brewers, &c. cap. 4. it seems to have been a measure of Corn, now disused—Debentur ei annuatim decem & octo Raseriae avenae & sex Raseriae ordei, &c. Spel.

Rate Tythe, Is where Sheep or other Cat∣tle are kept in a Parish for less time then a year, the owner must pay Tythe for them Pro rata, according to the Custom of the place. Fitzh. Nat. Br. fol. 51. Brook, Disms. 26. Pro rata di∣cimus pro proportione, vel proportionaliter. Lindwood.

Ratification (Ratificatio) A ratifying or confirming: It is particularly used for the con∣firmation of a Clerk in a Prebend, &c. formerly given him by the Bishop, &c. where the right of Patronage is doubted to be in the King. See Reg. os Writs, fol. 304.

Rationabili parte bonorum, Is a Writ that lies for the Wife, against the Executors of her Husband, denying her the third part of her Husbands goods, after Debts and Funeral charges paid. Fitzh. Nat. Br. fol. 222. who there cites the 18 Chapter of Magna Charta, and Glanvile, to prove, that, according to the Common Law of England, the goods of the deceased, his debts first paid, should be di∣vided into three parts, whereof his Wife to have one, his Children the second, and the Executors the third: And this Writ lies as well for the Children, as for the Wife; which ap∣pears also by the Reg. of Writs, fol. 142. b. Yet it seems to have use, onely where the Custom of the Countrey serves for it. See the New Book of Entries, on this word.

Rationabilibus divisis, Is a Writ, that lies where two Lords have their Seigneuries joyning together, for him that findes his Waste encroached upon within the memory of Man, against the encroacher, thereby to rectifie the bounds of their Seigneuries; in which respect, Fitzherbert calls it, in its own nature, a Writ of Right. The Old Nat. Br. says this may be by Justicies, which may be removed by a Pone out of the County, to the Common Bench. See Fitz. Nat. Br. fol. 128.

Ravishment (Raptus, Fr. Ravissement, i. Direptio, raptio) Signifies an unlawful taking away either a Woman, or an Heir in Ward. Sometimes it is also used in one signification with Rape.

Ravishor (Raptor) He that deflowres a Woman by violence. See the penalty for Ra∣vishing, or being Ravished, does afterwards consent, in the Statute of 6 Rich. 2. cap. 6. See Rape.

Ray, Seems to be a word appropriated to Cloath, never coloured or dyed. Anno 11 Hen. 4. cap. 6. Worsteds Ray. Anno 17 Rich. 2. cap. 3.

Reafforested, Is where a Forest hath been disafforested, and again made Forest; as the Forest of Dean by the Stat. 20 Car. 2. cap. 3.

Realty, Is an abstract of real, and is con∣tradistinguished from Personalty.

Reasonable Ayd (Rationabile auxilium) Was a duty, which the Lord of the Fee claim∣ed of his Tenants holding by Knights-service, or in Soccage, to marry his daughter, or make his eldest Son a Knight. Westm. 1. cap. 39. But see the Stat. 12 Car. 2. cap. 24.

Reattachment (Reattachiamentum) Is a second Attachment of him, who was formerly attached, and dismissed the Court without day, as by the not coming of the Justices, or some such casualty. Brook, hoc titulo. Where he makes Reattachment General and Special. Ge∣neral, is where a Man is reattached for his ap∣pearance upon all Writs of Assise lying against him. Brook eodem, num. 18. Then, Special must be for one or more certain. Reg. of Writs Judicial, fol. 35. See the New Book of Entries, verbo, Reattachment.

Rebellion (Rebellio) Did anciently signifie a second resistance of such, as being formerly overcome in battel by the Romans, yielded themselves to their subjection. But now we use it generally, for the traiterous taking arms against the King, be it by Natural Subjects, or by others, formerly subdued. Rebel is some∣times attributed to him that wilfully breaks a Law. Anno 25 Edw. 3. cap. 6. And 31 Ejusdem, stat. 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion, see in Commission.

Rebellious Assembly, Is a gathering to∣gether of Twelve persons or more, intend∣ing ro going about, practising or putting in ure unlawfully of their own authority, to change any Laws or Statutes of the Realm, or to destroy the enclosure of any Park or or Ground enclosed, or Banks of any Fish∣ponds, Pool, or Conduit, to the intent the same shall remain void, or to the intent, unlawfully to have Common, or Way in any of the said Grounds, or to destroy the Deer in any Park, or any Warren of Conneys, Dove-Houses, Fish

in any Ponds, or any House, Barns, Mills, or Bays, or to burn Stacks of Corn, or to abate Rents or Prizes of Victuals. Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West, par. 2. Symbol. tit. Indictments. Sect. 65. and Cromp. Justice of Peace, fol. 41. b.

Rebutter (Fr. Bouter, i. Repellere, To re∣pel or bar) A Man grants Land to the use of himself, and the issue of his Body, to another in Fee with Warranty, and the Donee leaseth out the Land to a third person for years, the heir of the Donor impleads the Tenant, al∣leaging the Land was in Tayl to him: The Donee comes in, and by vertue of the War∣ranty made by the Donor, repels the heir, be∣cause though the Land was intailed to him, yet he is heir to the Warrantor likewise: And this is called a Rebutter.

Again, if I grant to my Tenant to hold Sine impetitione vasti, and afterward implead him for Waste made, he may debar me of this Action, by shewing my grant; which is like∣wise a Rebutter. Brook tit. Bar, num. 23 & 25. See the New Book of Entries, verbo, Rebutter. And Coke on Littl. fol. 365. a.

Recaption (Recaptio) Signifies a second Distress of one formerly distrained for the same cause, and also during the Plea grounded on the former Distress. It likewise signi∣fies a Writ, lying for the party thus distrained, the form and further use whereof, see in Fitz. Nat. Br. fol. 71. Reg. of Writs, fol. 86. and Reg. Judicial, fol. 69.

Receiver (Receptor and Receptator) Is used commonly in the evil part for such as receive stoln Goods from Theeves, and conceal them; but annexed to other words, as Receiver of Rents, &c. It signifies an Officer of good ac∣count, belonging to the King, or other great Personage. Cromp. Jurisd. fol. 18. There is al∣so an Officer called the Receiver of the Fines up∣on original Writs in Chancery.

Receiver-General of the Dutchy of Lan∣caster, Is an Officer belonging to the Dutchy Court, who gathers in all the Revenues and Fines of the Lands of the said Dutchy, and all Forfeitures and Assessments, or what else is thence to be received: Anno 39 Eliz. cap. 7.

Receiver-General of the Muster Rolls. Anno 35 Eliz. cap. 4.

Receit. See Resceit.

Recluse (Reclusus) Is he who being enter∣ed into a Religious Order, is shut up there, and stirs not out of the House or Cloyster. Littl. fol. 92.

Recognizance (Fr. Recognoissance, i. Re∣cognitio) Is a Bond or Obligation, testifying the Recognizor to ow the Recognizee a sum of Money, and is acknowledged in some Court of Record, or before some Judge, Master of Chancery, Justice of Peace, &c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed, but enrolled; and Execution by force thereof, is of all the Recognizors Goods and Chattels (except Draught-Beasts, and Implements of Husban∣dry,) and the Moyety of his Lands. West, Par. 1. Symb. lib. 2. sect. 149. And Reg. of Writs, fol. 146, 151, & 252.

Recognizance hath another signification, as appears in the Statute of Westm. 1. cap. 36. For it is there provided and agreed, That if any Man be attainted of Disseisin done in the time of the King that now is, or for taking any manner of Goods, or Moveables, and it be found against him by Recognizance of Assise of Novel-Disseisin, the Judgment shall be, &c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise; which Twelve are also called Recognitors of the Assise. Littl. fol. 72. Bracton, lib. 5. tract. 2. cap. 9. num. 2. and lib. 3. tract. 1. cap. 11. num. 16. See the Statute of 20 Edw. 1. stat. 4. and New Book of Entries, verbo, Recognizance.

Recognizée, Is he is to whom one is bound in a Recognizance. Anno 11 Hen. 6. cap. 10.

Recognition (Recognitio) An acknowledg∣ment. It is the title of the first Chapter of the Stat. 1 Jac.

Recognitione adnullanda per vim & du∣ritiem facta, Is a Writ to the Justices of the Common Bench, for the sending a Record touch∣ing a Recognizance, which the Recognizor sug∣gests to have been acknowledged by force and hard dealing; that, if it so appear, it may be disannulled. Reg. o•• Writs, fol. 183.

Recognitors (Recognitores) Is a word used for the Jury impaneld upon an Assise. The rea∣son why they are so called, is, because they acknowledge a Disseisin by their Verdict. Bracton, lib. 5. tract. 2. cap. 9. num. 2. See Recog∣zance.

Record (from Recordare, to remember) Signifies an authentical and uncontrolable testi∣mony in writing, contained in Rolls of Parch∣ment, and preserved in Courts of Record, and they are said to be Vetustatis & veritatis vestigia. Coke Praef. to 8 Rep. An Act committed to wri∣ting in any of the Kings Courts, during the Term wherein it is written, is alterable, and no Record; but that Term once ended, and the Act duly enrolled, it is a Record, and of that credit, that admits no alteration or proof to the contrary. Brook tit. Record, num. 20. & 22. yet see Cokes Rep. lib. 4. Rawlins Case, fol. 52. b. The King may make a Court of Record by his Grant. Glanvile, lib. 8. cap. 8. Britton, cap. 121. As Queen Elizabeth by Her Charter, dated 26 Aprilis, Anno 3 Regni sui, made the Con∣sistory Court of the University of Cambridge, a Court of Record. There are reckoned three sorts of Records, viz. A Record Judicial, as Attainder, &c. A Record Ministerial upon Oath, as an Office or Inquisition found; a Record made by Conveyance and Consent, as a Fine or Deed enrolled, or the like. Coke lib. 4. Og∣nels Case, fol. 54. b.

Recordare facias, or Recordari facias, Is a Writ directed to the Sheriff, to remove a Cause, depending in an Inferior Court, as Court of Ancient Demesn, Hundred or County, to the Kings Bench or Common Pleas, Fitz. Nat. ••r. fo. 71. B. & C. Where, and in what

Cases this Writ lies, read Brook, tit. Recor∣dare & Pone. It seems to be called a Recordare, because it commands the Sheriff, to whom it is directed, to make a Record of the proceedings by himself, and others, and then to send up the Cause. See the Register, verbo, Recordare, in the Table of Original Writs.

Recorder (Recordator) Is he, whom the Major, or other Magistrate of any City or Town Corporate, having Jurisdiction or a Court of Record, within their Precincts by the Kings Grant, does associate unto him, for his better direction in matters of Justice, and pro∣ceedings according to Law. And he is for the most part, a person well seen in the Common Law.

Recordo & Processu Mittendis, Is a Writ to call a Record, together with the whole Pro∣ceedings in the Cause, out of an Inferior Court into the Kings Court. See the Table of the Register of Writs.

Recordo utlagariae mittendo, Is a Writ Judicial, which see in Reg. Judic. fol. 32.

Recovery (Recuperatio, from the Fr. Re∣couvrer, i. Recuperare) Signifies an obtaining any thing by Judgment or Tryal of Law, as Evictio does among the Civilians. But there is a true Recovery, and a feigned. The true one is an actual or real Recovery of any thing, or the value thereof by Verdict and Judgment. A feigned Recovery is a certain form or course set down by Law, to be observed for the better assuring Lands or Tenements unto us; the end and effect whereof is, to discontinue and destroy Estates in Remainder and Reversion, and to Ba••••the Intails thereof. And to this Forma∣lity, there are (in a Recovery with single Voucher) required three parties, the Demandant, the Tenant, and the Vouchee. The Demandant, is he that brings the Writ of Entry, and may be termed the Recoverer. The Tenant is he, against whom the Writ is brought, and may be called the Recoveree. The Vouchee is he, whom the Tenant Voucheth, or calls to Warranty for the Land is demand. A Recovery with double Voucher, is where the Tenant voucheth one, who Voucheth another, or the Common Vou∣chee; and a Recovery with treble Vouchers, is where three are Vouched. See West, par. 2. Symb. tit. Recoveries, sect. 1.

But, to explain this Point: A Man, that is desirous to cut off an Estate-tail in Lands or Tenements, to the end, to sell, give, or be∣queath them, causeth (by the contrivance of his Councel or Atturney) a feigned Writ of Entry, Sur Disseisin in le Post, to be brought for the Lands, of which, he intends to dock or cut off the Intail; and, in a feigned Count or Declaration thereupon made, pretends he was disseised by him, who, by a feigned Fine or Deed of Bargain and Sale, is named and sup∣posed to be Tenant of the Lands. This feigned Tenant, if it be a single Recovery, is made to appear and vouch the Bag-bearer of Writs, for the Custos Brevium, in the Court of Common Pleas (in which Court onely the said Common Recoveries are to be suffered) who makes de∣fault; whereupon a Judgment is, by such Fiction of Law, entred, That the Demandant shall recover, and have a Writ of Seisin, for the possession of the Lands demanded, and that the Tenant shall recover the value of the Lands, against the Lands of the Vouchee-Bag∣bearer, a poor unlanded and illiterate person, which is feigned to be a satisfaction for the Heir in Tail, though he is never to have or expect it; one Edward Howes, a Bag-bearer, and Common Vouchee, having in the space of 25 or 30 years, passed or suffered to be recovered against him, by such fictitious Actions and Pleadings, a considerable part of the Lands of England, and obliged his own Lands, when he had none at all, to answer the value of the Lands, recovered against the Tenants or Re∣mainders in Tail. This feigned Recovery is also called a Common Recovery; because it is a bea∣ten and Common Path to that end, for which it is ordained; viz. To cut off the Estates above specified. See New Book of Entries, verbo, Recovery.

Recoupe (from the Fr. Recouper, i. To out again; also to reply quickly and sharply to ••a peremptory Demand) We use it to Defaulk or Discount. As, if a Man hath Ten pound issu∣ing out of certain Land, and he disseises the Tenant of the Land in an Assise brought by the Disseisce, the Disseisor shall Recoupe the Rent in the Damages.

Recreant (Fr.) Cowardly, faint-hearted. Hence Recroantise. See Cravent.

Recto, Is a Writ, called a Writ of Right, which is of so high a nature, that whereas other Writs in Real Actions, are onely to recover the possession of the Lands or Tenements in questi∣on, which have been lost by an Ancestor, or by the Party Demandant himself, this aims to re∣cover both the Seisin, which some Ancestor or the Demandant himself had; and also the pro∣perty of the thing, whereof the Ancestor died not seised, as of Fee, and whereby are plead∣ed and tryed both their Rights together, viz. That of Possession and Property. And if a Man once lose his cause upon this Writ, either by Judgment, Assise, or Battel, he is without remedy, and shall be excluded, Per exceptio∣nem rei judicatae. Bracton, lib. 5. tract. 1. cap. 1. & seq. where you may read much on this sub∣ject. See Right.

It hath two species: Rectum Patens, a Writ of Right Patent; and Rectum Clausum, a Writ of Right Close. The first is so called, because it is sent open, and is in nature the high∣est Writ of all other, lying always for him that hath Fee-simple in the Lands sued for, and not for any other. And when it lies for him that challenges Fee-simple, and in what Cases, See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London, other∣wise called a Writ of Right, according to the Custom of London. This Writ is also called Breve magnum de Recto. Reg. of Writs, fol. 9. and Fleta, lib. 5. cap. 32. sect. 1.

A Writ of Right close, Is a Writ directed to a Lord of ancient Demesn, and lies for those, who hold their Lands and Tenements by Char∣ter, in Fee-simple, or in Fee-tayl, or for term of lite, or in Dower, if they are ejected out of such Lands, or disseised. In this case a man or his he•• may sue out this Writ of right close, di∣rected to the Lord of ancient Demesn, com∣manding him to do him right in his Court. This is also called Breve parvum de Recto, Reg. of Writs, fo. 9. and Britton. ca. 120. in fine. See also Fitz. Nat. Br. fo. 11. & seq.

Yet, note that the Writ of right patent seems to be extended farther in use then the original in∣tention: For a Writ of right of Dower, which lies for the Tenant in Dower, is patent, as appears by Fitzherb, Natura, Brevium, fo. 7. E. The like may be said in divers other cases; of which see also the Table of Reg. of Writs, verbo, Recto. This Writ is properly tryed in the Lords Court between Kinsmen, who claim by one title from their Ancestor. But, how it may be thence removed, and brought either to the County or Kings Court, see Fleta, lib. 6. ca. 3, 4 & 5. Glanvile seems to make eve∣ry Writ, whereby a Man sues for any thing due unto him, a Writ of Right, lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1.

Recto de dote, Is a Writ of Right of Dower, which lies for a Woman, that has received part of her Dower, and proceeds to demand the Remnant in the same Town, against the Heir. Of this see more in Old. Nat. Br. fo. 5. and Fitz. fo. 7. E. Reg. of Writs, fo. 3. and New Book of Entries, verbo, Droyt.

Recto de dote unde nihil habet, Is a Writ of right, which lies in case, where the Hus∣band, having divers Lands or Tenements, has assured no Dower to his Wife, and she thereby is driven to sue for her Thirds against the Heir or his Guardian. Old. Nat. Br. fo. 6. Reg. of Writs, fo. 170.

Recto de rationabili parte, Is a Writ that lies alwayes between privies of Blood, as Bro∣thers in Gavelkind, or Sisters, or other Copar∣ceners, as Nephews or Neeces, and for Land in Fee-simple. For example, if a Man Lease his Land for Life, and afterwards dies, leaving is∣sue two Daughters, and after the Tenant for life likewise dies, the one Sister entring upon all the Land, and so deforcing the other, the Sister so deforced shall have this Writ to reco∣ver her part. Fitz. Nat. Br. fo. 9. Reg. of Writs, fo. 3.

Recto quando Dominus remisit, Is a Writ of right, which lies in case where Lands or Te∣nements that are in the Seigneury of any Lord, are in demand by a Writ of right. For, if the Lord hold no Court, or otherwise, at the Pray∣er of the Demandant or Tenant, shall send to the Court of the King his Writ, to put the Cause thither for that time, (saving to him at other times the right of his Seigneury) then this Writ issues out for the other party, and has its name from the words therein comprised, being the true occasion thereof. This Writ is close, and must be returned before the Justices of the Common-Bank: Old. Nat. Br. fo. 16. Reg. of Writs, fo. 4.

Recto de advocatione Ecclesiae, Is a Writ of right, lying where a man has right of Advow∣sen, and the Parson of the Church dying, a stranger presents his Clerk to the Church, and he not having brought his Action of Quare impe∣dit, nor darrein presentment within six Moneths, but suffer'd the Stranger to usurp upon him. Which Writ he onely may have that claims the Advowsen, to himself and his heirs in Fee. And, as it lies for the whole Advowsen, so it lies also for the half, the third or fourth part. Old Nat. Br. fo. 24. Reg. of Writs, fo. 29.

Recto de custodia terrae & haeredis, Is a Writ, which, by the Stat. 12 Car. 2. ca. 24. is become useless; as to Lands holden in Capite or by Knight-service, but not where there is Guar∣dian in Socage, or appointed by the last will and Testament of the Auncestor. The form of it see in Fitz. Nat. Br. fo. 139. & Reg. of Writs, fo. 161.

Recto sur disclaimer, Is a Writ that lies, where the Lord, in the Court of Common-Pleas, does avow upon his Tenant, and the Tenant Disclaims to hold of him, upon which Disclaimer he shall have this Writ, and if the Lord aver and prove, that the Land is holden of him, he shall recover the Land for ever. Old Nat. Br. fo. 150. which is grounded on the Statute of Westm. 2. ca. 2.

Rector, (Lat.) Signifies a Governor: And Rector Ecclesi•• parochialis, Is he that has the Charge or Cure of a Parish-Church, qui tan∣tum jus in Ecclesia parochiali habet, quantum Praelatus in Ecclesia Collegiata. It has been over-ruled, that Rector Ecclesiae parochialis is he that has a Parsonage, where there is a Vicaridge endow'd, and he that has a Parsonage without a Vicaridge, is called Persona: But, the distincti∣on seems to be new and subtile. It is certain Bracton uses it otherwise (lib. 4. Tract. 5. ca. 1.) in these words, Et sciendum, quod Rectori∣bus Ecclesiarum parochialium competit Assisa, qui instituti sunt per Episcopos & Ordinarios, ut Per∣sonae. Where it is plain, that Rector and Per∣sona are confounded. Note also these words there following; Item dici possunt Rectores Ca∣nonici de Ecclesiis praebendatis. Item dici possunt Rectores, vel quasi Abbates, Priores & alii, qui habent Ecclesias ad proprios usus. See Vicar.

Rectory, (Rectoria) Is taken pro integra Ec∣clesia parochiali, cum omnibus suis juribus, praedi. is, decimis, aliisque proventuum speciebus. Spelm.

Rectus in Curia, i. Right in Court: Is he that stands at the Bar, and no man objects any offence against him. Smith de Repub. Angl. lib. 2. ca. 3.

Reddendum, Is used substantively for the clause in a Lease, &c. whereby the Rent is re∣served to the Lessor. Coke, lib. 2. Cromwels case, fo. 72. b.

Reddition, (Redditio) Is a judicial confes∣sion and acknowledgment that the Land or thing in demand belongs to the Demandant, or at least

not to himself. Anno 34 & 35 Hen. 8. ca. 24. Perkins, Dower, 379. 380.

Redemptions, (Redemptiones) Mulctae gra∣vissimae, utpote quae pro aestimatione capitis ipsius delinquentis impinguntur, Anglice Ransomes. See Misericordia.

Redisseisin, (Redisseisina) Is a Disseisin made by him, who once before was found and ad∣judged to have disseised the same Man of his Lands or Tenements: for which there lies a special Writ, called a Writ of Redisseisin. Old. Nat. Br. fo. 106. Fitz. Nat. Br. fo. 188. See New book of Entries on this word. The punish∣ment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8.

Redmans, or Radmans, Domesday in fine Cestrescire. Tit. Lanc. Blacburn Hundret.—Rex E. tenuit Peneverdant. Ibi 11 Car. sunt in Dominio & 6 Burgenses, & 3 Radmans, & 8 Vil. & 4 Bovar. These Redmans may be the same in signification as the Rod or Rad Knights, Men, which by the Tenure, or Custom of their Lands were to ride with, or for the Lord of the Man∣nor about his business or affairs.

Redubbors, or Adubbors, Are those that buy stoln Cloth, and, to the end it may not be known, turn it into some other Colour or Fa∣shion. Briton. ca. 29. and see 3 Inst. fo. 134.

Re-entry, (From the Fr. Rentrer, i. Rursus intrare) Signifies the resuming or re-taking that possession, which we had lately foregone. As, if I make a Lease of Land or Tenement, I do thereby foregoe, or quit the Possession; and, if I condition with the Lessee that for non-pay∣ment of the Rent at the day, it shall be lawful for me to re-enter; this is as much, as if I con∣ditioned to take again the Land into my own hands, and to recover the possession by my own fact, without the assistance of Judge or Pro∣cess.

Reer-County. See Rier County.

Re-extent, Is a second Extent made upon Lands or Tenements, upon complaint made, that the former Extent was partially executed. Brook, tit. Extents, fo. 313.

Regal fishes, (Anno 1 Eliz. ca. 5.) Are Whales and Sturgeons; some add Porpusses. The King by His Prerogative ought to have every Whale cast on shore, or Wrecked in all places within this Realm (unless granted to Subjects by special words) as a Royal-fish. The King himself shall have the Head and Body, to make Oyl and other things, and the Queen the Tail to make Whalebones for her Royal Vestments. Pat. 1 Edw. 1. m. 25. dorso. See Tract. de Auro Reginae, pa. 127.

Regalia, (Anno 13 Eliz. ca. 16.) Dicun∣tur jura omnia ad fiscum spectantia: The Rights of a King, which the Civilians say are six. 1. Power of Judicature. 2. Power of Life and Death. 3. All kind of Arming. 4. Master∣less Goods. 5. Assessments. 6. And the va∣lue of Money. See Royalties. Also the Crown, Scepter with the Cross, Scepter with the Dove, St. Edwards Staff, four several Swords, the Globe, the Orbe with the Cross, and other such like used at the Coronation of our Kings, are called Regalia. See the Relation of the Coro∣nation of King Charles the Second in Bakers Chron.

Regalis Justicia,—Item praefati Baro∣nes, (sc. Quinque Portuum) habere debent, ut asserunt, per Chartam suam Regalem Justiciam in villa Gernemuth, tempore Feriae una cum Bali∣vo seu Praeposito villae praedictae, viz. Cognitionem Assisae panis, ulnarum, ponderum & alidrum men∣surarum, & similiter voide Strand & Denne, secundum consuetudines suas usitata••, &c. Rot. Parl. 8 Ed. 2. Nu. 262.

Regardant. Villain regardant, was called regardant to the Mannor, because he had the charge to do all base, villanous services within the same, and to see the same freed of all filthy and loathsome things that might annoy it, Coke on Litt. fo. 120. This word is onely applyed to a Villain or Neif, yet in old Books it was some∣times apply'd to Services. ibid.

Regard, (Regardum & Rewardum) from the Fr. Regard, i. Aspectus, respectus; though it has a well-known general signification of any care or respect, yet a special also, wherein 'tis used onely in matters of the Forest, and there two wayes; one for the Office of the Regarder, the other for the compass of ground belonging to the Regarders charge. Cromp. Jurisd. fo. 175. 199. Touching the former, thus Manwood. The Eyre, general Sessions of the Forest, or Ju∣stice seat, is to be kept every third year; and, of necessity the Regarders of the Forest must first make their Regard, which must be done by the Kings Writ; And, the Regarder is to go through the whole Forest, and every Bailywic, to see and en∣quire of the Trespasses therein; ad videndum, ad inquirendum, ad imbreviandum, ad certifican∣dum, &c. Part 1. Pa. 194, & 198. Touching the second, the compass of the Regarders charge is the whole Forest, that is, all that ground which is parcel of the Forest; for, there may be Woods within the limits of the Forest, which are no part thereof, and those are without the Regard. Manwood, Part 2. ca. 7. num. 4. An∣no 20 Car. 2. ca. 3.

HEnricus Rex Anglorum omnibus Forestariis suis de Glocestershire, salutem. Sciatis me concessisse & praesenti carta confirmasse Ecclesiae S. Jacobi de Bristowa (in qua sepultus est Rober∣tus Comes Glocestriae avunculus meus) & Mo∣nachis ibidem Deo servientibus, pro salute mea, & pro anima ipsius Comitis, quod terra ipsius Eccle∣sia, & Monachorum in ea Deo servientium de Cis∣seleia, & boscus ejusdem terrae, sint quieta de Re∣wardo & decimationis exigentia pro Essartis. Et prohibeo ne inter Assarta amodo computetur. Teste Roberto Episcopo Winton.

Regarder, (Regardator, Fr. Regardeur, i. Spectator) Is an Officer of the Kings Forest, who is sworn to make the Regard of it, as has been used in ancient time; and, to view and enquire of all offences of the Forest, as well of Vert, as of Venison, and of all concealments of any

offences or defaults of the Foresters, and all other Officers of the Kings Forest, concerning the Execution of their Offices, &c. More par∣ticulars of the Regarders Office, how he is cho∣sen, and the form of his Oath, see in Manwood, par. 1. pag. 188. 195. & 207. & Cromp. Juris. fol. 153.

Regio Assensu, Is a Writ, whereby the King gives His Royal Assent to the Election of a Bishop or Abbot. Reg. of Writs, fol. 294. b.

Registry (Registrum, from the old Fr. Gister, i. In lecto reponere, suo loco constituere) Signifies the Office, Books, and Rolls, wherein the pro∣ceedings of the Chancery, or any Spiritual Court, are recorded: The Writer and Keeper where∣of, is called the Register, in Latin Registra∣rius.

Register is also the name of a Book, wherein are expressed most of the Forms of Writs used at the Common Law, called the Register of the Chancery; of which, thus Spelman—Codex dicitur quo Brevia Regia, tam originalia quam judicialia formularum inscribuntur; Hujus Codi∣cis me minit Westm. 2. cap. 24. & 25. This Register is one of the most ancient Books of the Common Law; according to Coke on Littl. fol. 159.

Register of the Parish Church (Registrum Ecclesiae Parochialis) Is that wherein Baptisms, Marriages, and Burials are, in each Parish, o∣very year orderly Registred. Which was laud∣ably instituted by the Lord Cromwel in Septem∣ber, Anno 1538. While he was Viccar-General to King Henry the Eight.

Regius Professor (Anno 12 Car. 2. ca. 17.) Henry the Eight founded Five Lectures in each University, viz. Of Divinity, Hebrew, Greek, Law, and Physick; the Readers of which Lectures are called in the University Statutes, Regii Professores.

Regrator (Regratarius, Fr. Regrateur) Did anciently signifie such, as bought by great, and sold by retail. Anno 27 Edw. 3. stat. 1. cap. 3. But now it signifies him that buys and sells any Wares or Victuals, in the same Market or Fair, or within four miles thereof. Anno 5 Edw. 6. cap. 14. & 13 Eliz. 25. In the Civil Law he is called Dardanarius, a Dardano quodam hujus sceleris authore. In ancient time, both the In∣grosser and Regrator were comprehended under the word Forestaller. 3 Inst. 195.

Rehabere facias seisinam quando Uice∣comes liberabit seisinam de majore parte, quam deberet, Is a Writ Judicial. Reg. of Writs Judic. fol. 13. 51. There is another Writ of this Name and Nature, fol. 54.

Rehabilitation (Anno 25 Hen. 8. cap. 21.) Is one of those Exactions mentioned in the said Statute, to be claimed by the Pope heretofore in England; and seems to signifie a Bul or Breve, for re-inabling a Spiritual Person to exercise his Function, who was formerly dis∣abled; or a restoring to former ability.

Rejoynder (Rejunctio) Signifies an Answer or Exception to a Replication: For first, the Defendant puts in an Answer to the Plaintiffs Bill, which is sometimes called an Exception. The Plaintiffs Answer to that, is called a Repli∣cation; and the Defendants to that, Duplication, in the Civil Law, and Rejoynder with us, espe∣cially in Chancery. West, par. 2. Symbol. tit. Chan∣cery, sect. 56.

Rekpenis. Constitut. Rob. Dunelm. Episc. Anno 1276. cap. 3.—Porro huic Sanctioni ad∣jicimus, quod si plures liberi proprium habentes, in parontum pariter familia vivant, ad denarios qui nuncupantur Rekpenis minime arceantur, cum sic communiter intrinscois aluntur a paren∣tibus, sic in extrinsecis ab eisdem laetentur pariter se defendi.

Relation (Re latio) Is, where, (in conside∣ration of Law) two times, or other things are considered, as if they were all one; and by this, the thing subsequent is said to take his effect by relation at the time preceding: As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money: Now when the Money is paid, and the writing delivered, this shall be taken as the Deed of A. at the time when it was first delivered. So Bills of Parliament, to which the King Assents on the last day of Parliament, shall relate, and be of force, from the first day of the beginning of the Parliament. Coke (lib. 3. Butlers Case) says it is Fictio juris.

Release (Relaxatio) Is an Instrument, whereby Estates, Rights, Titles, Entries, Acti∣ons, and other things, are sometimes extinguish∣ed, sometimes transferred, sometimes abridg∣ed, and sometimes enlarged. West, par. 1. Symb. lib. 2. sect. 509. And there is a Release in fact, and a Release in Law. In fact, is that which the very words expresly declare; in Law, is that which acquits by way of consequent, or in∣tendment of Law; an example whereof, you have in Perkins, Grants, 71. How these are a∣vailable, and how not, see Littleton at large, Lib. 3. cap. 8. And of divers sorts of Releases, see New Book of Entries, verbo, Release.

Releif (Relevamen, Relevium) Signifies a certain sum of Money, which the Tenant, hold∣ing by Knight-service, Grand Sergeanty, or other Tenure, for which Homage or Regal∣service was due, and after the death of his Ancestor, paid to his Lord at his entrance. Mag. Charta, cap. 2. and 28 Edw. 1. stat. 1. Bracton, lib. 2. cap. 36. says it is called a Releif, Quia haereditas, quae jacens fuit per Antecessoris de∣cessum, relevatur in manus haeredum, & propter factam relevationem, facienda erit ab haerede quaedam praestatio, quae dicitur Relevium. See the Stat. 12 Car. 2. cap. 24. A Releife is like∣wise paid in Soccage, Tonure, or Petit Serjeanty, where a Rent, or any thing is paid, by rendring as much as the Rent, or payment reserved.

Relegation (Relegatio) A banishing, or sending away. As Abjuration is a sorswearing the Realm for ever; Relegation is taken for a banishment for a time onely. Coke on Littl. fol. 133.

Religiosi, Religious men, such as enter'd into some Monastery, or Convent. In anci∣ent Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis; to the end the Land might not fall into Mortmiain. See Judaism.—Rex Vicecom.—Praecipimus tibi quod cla∣mari facias sine dilatione per comitatum tuum, quod nulli, sicut diligunt corpora & catalla sua, malum faciant vel dicant viris Religiosis vel Clericis, contra pacem nostram; Et si quem in∣de attingere possimus, ad proximum quercum cum suspendi faciemus. T. meipso apud Marlebergh, xi Apr. Claus. 9 Joh. m. 3.

Remainder, Remanentia) Signifies an Estate limited in Lands, Tenements, or Rents to be enjoyed after the Estate of another expi∣red. For example, a man may grant Land to one for term of his life, the remainder to ano∣ther for term of his life. Litt. ca. Atturnment, fo. 113. And this Remainder may be either for a certain term, or in Fee-simple, or Fee-tail, as appears by Brock, tit. Done & Remainder, fo. 245.—Glanvile, lib. 7. ca. 1. in fine, has these words; Notandum, quod nec Episcopus, nec Ab∣bas, quia eorum Baroniae sunt de Elemosina Dom. Regis, & antecessorum éjus, non possunt de Domi∣nicis suis aliquam partem dare ad remanentiam, sine assensu & confirmatione Domini Regis. In like sort Bracton uses it, lib. 2. ca. 23. & lib. 4. Tract. 2. ca. 4. nu. 4. See New Book of En∣tries, verbo Remainder. In eo igitur differunt Remanentia & Reversio: haec post statutum ter∣minum ad donatorem vel haeredes suos (uti in fon∣tem) remeat: illa vero ad tertium quempiam (seu extraneum) progreditur. Spelm.

Remembrancers of the Exchequer, (Re∣memoratores Scaccarii) are three Officers; one called the Kings Remembrancer, (Anno 35 Eliz. ca. 5.) The second the Lord Treasurers Remem∣brancer, upon whose charge it lies, to put the Lord Treasurer, and the rest of the Justices of that Court in remembrance of such things as are to be called on, and dealt in for the Kings behoof. The third is called the Remembrancer of the first-fruits, Anno 5 Rich. 2. Stat. 1. ca. 14 & 15. These (Anno 37 Edw. 3. ca. 4.) are called Clerks of the Remembrance.

The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts, for appearances, or ob∣serving of Orders; he takes all Bonds for the Kings Debts, for appearance or observing Or∣ders, and makes Proces upon them, for the breach of them. He Writes Proces against the Collectors of Customs, Subsidies, and Fifteenths, for their accounts. All Informations upon Pe∣nal Statutes are entred in his Office; and all matters upon English Bills in the Exchequer Chamber remain in his Office. He makes the Bills of Compositions upon penal Laws, and takes the stalment of Debts; He has deliver'd into his Office all manner of Indentures, Fines, and other Evidences, that concern the assuring or passing any Lands to or from the Crown. He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs, and gives them their Oath: he reads in open Court the Oath of all the Officers of the Court, when they are admitted.

The Treasurers Remembrancer makes Process against all Sheriffs, Escheators, Receivers, and Bailiffs for their accounts: He makes Process of Fieri Facias and Extent, for any Debts due to the King, either in the Pipe, or with the Audi∣tors; makes Proces for all such Revenue, as is due to the King by reason of his Tenures. He makes Record, whereby it appears whether She∣riffs and other Accountants pay their Profers due at Easter and Michaelmas. He makes ano∣ther Record, whether Sheriffs and other Ac∣countants keep their dayes of Prefixion. All Estreats of Fines, Issues, and Americiaments, set in any Courts of Westminster, or at the Assi∣ses or Sessions, are certify d into his Office, and are by him deliver'd to the Clerk of the Estreats to make out Process upon them. There are also brought into his Office all the Accompts of Customers, Controllers, and other Accoun∣tants, to make entry thereof on Record. See Repertory of Records, fo. 121.

The Remembrancer of the First-fruits takes all Compositions, and Bonds for First-fruits and Tenths, and makes Process against all such as pay not the same.

Remitter, (from the Lat. Remittere, to re∣store, or send back,) Where a man has two ti∣tles to Land; and is seised of the later, and, that proving defective, he is restored to the for∣mer more ancient title; This is a Remitter, Fitz. Nat. Br. fo. 149. F. Dyer, fo. 68. num. 22. and see Brook, tit. Remitter. If Land des∣cend to him that has right to it before, he shall be remitted to his better Title, if he will. Do∣ctor and Student, ca. 9. fo. 19. b. See Terms of the Law, on this word, & Coke on Litt. li. 3. c. 12.

Render, (from the Fr. Rendre. i. Reddere, Retribuere) and so it signifies with us. A Fine with render, is, where Lands are render'd back by the Cognizee to the Cognizor. Also there are certain things in a Mannor that lie in Prender, that is, which may be taken by the Lord or his Officers when they chance, without the Tenants leave, as Escheats, &c. and certain that lie in Render, that is, must be rendred or answer'd by the Tenant, as Rents, Reliefs, Heriots, and other Services. West, Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance, some in Render. Perkins, Reservations, 696.

Renegeld. Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d, exceptis Dominicis terris & terris in feodo praedicto infra Hundred. de Mac∣clefeld. Rot. Plac. in Itin. apud Cestriam, 14 Hen. 7.

Renovant, (from renovo, to renew, or make again)—The Parson sued one for Tithes to be paid of things renovant, but this Horse, being onely for labor and travel, would not renew, &c. Croke 2 Part, fo. 430.

Rent, (Reditus) Is a summ of Mony, or other consideration, issuing yearly out of Lands

or Tenements. Plowden, Casu, Browning, fo. 132. b. 138. a. & 141. b. Of which there are three sorts; Rent-service, Rent-charge, and Rent-seck. Rent-service is, where a man holds his land by fealty, and certain rent, or by Fealty, Service and Rent. Litt. lib. 2. ca. 12. fo. 44. or that which a man, making a Lease to another for years, reserves yearly to be paid him for the same. Rent-charge is, where a man chargeth his Land or Tenements, by Deed indented, ei∣ther in Fee, 'Fee-tail, or for term of life, with a summ of Money to be paid to the Grantee yearly, with clause of distress for not payment thereof, Litt. ubi supra. Rent-seck, otherwise Dry-rent, is that, which a man, making over an Estate of Lands or Tenements by Deed indent∣ed, reserves yearly to be paid him, without Clause of Distress, mentioned in the Indenture. See more on this subject in the Terms of the Law; and the difference between a Rent and an Annuity in Doctor and Student, ca. 30. Di∣al. 1.

Rents resolute, (Redditus resoluti) Are reckon'd among the Fee-farm Rents, to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths, as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses, and, after the dissolution, these Abby-lands being demised to others, the said Rents were still re∣served, and made payable again to the Crown.

Renusiator,—Et sunt communes latrones & Renusiatores hominum, &c. Trin. 28 Ed. 3. Ebor. 37. q.

Reparatione facienda, Is a Writ that lies in divers cases, whereof one is, where there are three Tenants in Common, Join-tenants, or pro indiviso▪ of a Mill or House, which is faln into decay; and the one is willing to repair it, the other two not. In this case the party willing shall have this Writ against the other two, Fitz. Nat. Br. fo. 127. where you may see the form and many uses of it, as also in Reg. of Writs, fo. 153. b.

Repeal, (From the Fr. rappel, i. revocatio) Signifies the same with us, as the Repeal of a Statute, is the revoking or disanulling it. Brook uses Repellance in the same sence.

Re-pleader, (Replacitare) Is to plead again, that which was once pleaded before. See Brook and New Book of Entries, verbo, Repleader.

Replegiare de averiis, Is a Writ brought by one, whose Cattel are distrained, or put in pound upon any cause by another, upon surety given to the Sheriff to pursue, or answer the Action at Law. Anno 7 Hen. 8. ca. 4, Fitz. Nat. Br. fo. 68. See Reg. of Writs for divers sorts of this Writ; New Book of Entries, ver∣••o▪ Replevin, and Dyer, fo. 173. num. 14.

Replevie, (Plevina) Is derived of replegi∣are, to re-deliver to the owner upon pledges or suerty; and signifies the bringing the Writ called Replegiari facias, by him that has his Cat∣tel or other goods distrained by another for any cause, and putting in Surety to the Sheriff, that upon delivery of the thing distreined, he will pursue the Action against him that distreined, Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes, viz. by Writ, and that is by the Common-Law, or by Plaint, and that is by Statute-Law, for the more speedy having again of their Cattel and Goods. Replevie is used also for the bailing a man, Pl. Cor. fo. 72, 74. and Westm. 1. ca. 11. and 15.

Replevish, (Replegiare) Is to let one to Main-prise upon surety. Anno 3 Ed. 1. ca. 11.

Replication, (Replicatio) Is an exception of the second degree made by the Plaintiff up∣on the first Answer of the Defendant, West, par. 2. Symb. tit. Chancery, Sect. 55. and Westm. 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery; and, this is either General or Special. Special is ground∣ed upon matter arising out of the Defendants answer, &c. General, so called, from the gene∣ral words therein used.

Report, (From the Lat. Reportare) Is a publick relation, or a bringing again to memory Cases judicially argued, debated, resolved, or adjudged in any of the Kings Courts of Ju∣stice, with such causes and reasons as were deli∣vered by the Judges of the same. Coke on Litt. fo. 293. Also when the Chancery, or other Court refers the stating some case, or compu∣ting an account, &c. to a Master of Chancery, or other Referree, his Certificate therein, is called a Report.

Reposition of the Forest, (i. A re-putting to) Was an Act whereby certain Forest-grounds, being made Purlieu upon view, were by a se∣cond view laid or put to the Forest again. Manwood, Par. 1. Pa. 178.

Reprisels, (Reprisalia) From the Fr. Reprise, i. Recaptio, vel captio rei unius in alteri∣us satisfactionem) Is all one in the Common and Civil Law. Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data Creditori pro injuriis & damnis acceptis. Vocab. utriusque Juris. This among the Ancient Romans was called Clarigatio. In the Statute 27 Edw. 3. Stat. 2. ca. 17. it is called Law of Marque; because one destitute of Justice in another Ter∣ritory, redresseth himself by the goods belonging to Men of that Territory.

Reprises, (Fr. Resumptions, or takings back.) We use it for deductions and duties, which are yearly paid out of a Mannor or lands, as Rent-charges, Pensions, Fees or Stewards, or Bailiffs, &c. Therefore we say the Mannor of Dale yields 40 l. per annum ultra Reprizas, be∣sides all Reprises.

Requests, (Curia Requisitionum,) See in Court. The place where this Court was held, was anciently called Camera alba. Rot. Parl. Anno 17 Edw. 3.

Resceit, (Receptio) Is an admission, or re∣ceiving a third person to plead his right, in a cause formerly commenced between other two, New Book of Entries, verbo Resceit. As if Te∣nant for life or years brings an Action, he in the Reversion comes in, and prayes to be received, to defend the Land, and to plead with the De∣mandant.

See Brook Tit. Resceit, fo. 205. and Perkins, Dower, 448. Resceit is also apply'd to an admittance of Plea, though the contro∣versie be onely between ••two. Brook. tit. Estop∣pel. Coke on Litt. fo. 192. b.

Resceit of homage, (Receptio Homagii) Is the Lords receiving Homage of his Tenant at his admission to the Land. Kitchin, fo. 148. See Homage.

Rescous, (Rescussus) From the Fr. Res∣cousse, i. Liberatio, redemptio) Is an illegal ta∣king away, and setting at liberty, a Distress ta∣ken, or a person arrested by Process, or course of Law; which is a Rescouse in Deed: And, where a man has taken a Distress, and the Cattel distreined, as he is driving them to the Pound, happen to go into the House of the owner, if he that took the distress demand them of the own∣er, and he deliver them not, this is a Rescous in Law. Coke on Litt. lib. 2. ca. 12. Sect. 237. It is also used for a Writ which lies for this fact, called Breve de rescussu, whereof you may see both the form and use in Fitz. Nat. Br. fo. 101. Reg. of Writs, fo. 125. and New Book of Entries, verbo Rescous: This, in some cases, is Treason, upon matters of Treason, and in some Felony, in cases of Felony. Cromp. Justice, fo. 54. b.

Rescussor, Is he that commits such a Res∣cous. Crokes Rep. 2 Part, fo. 419.

Reseiser, (Reseisire) Is a taking again of Lands into the Kings hands, whereof a general Livery or Ouster le main was formerly mis∣sued, contrary to order of Law. Stamf. Prae∣rog. 26. See Resumption.

Reservation, (Reservatio) A providing for store; as when a man departs with his Land, but reserves or provides for himself a rent out of it for his own livelihood. Some∣times it serves to reserve a new thing▪ and sometimes to except part of the thing in esse that is granted. See Perkins Reservations, per totum.

Resiance, (Resiantia) From the Fr. Reseant vel resseant, i. Resident) Signifies a Mans a∣boad or continuance in a place, Old Nut. Br. fo. 85. Whence also comes the participle resiant, that is, continually dwelling or abiding in a place, Kitchin, fo. 33. It is all one in truth with residence, but that custom ties this onely to persons Ecclesiastical. Veteri autem jure nostro etiam & Scotico aliud significat, utpote morbum validum seu veteranum, quo quis exire de suis aedibus prohibetur. Essonium igitur quod de malo lecti nuncupatur; hoc est excusatio, quod ratione infirmitatis sistere se in foro non valeat, essonium nuncupant de reseantisa. Glanvile, lib. 1. ca. 11.—Quandoque intervenit (Essonium) ex infirmitate de reseantisa. Ubi in margine nota∣tur, Essonium de reseantisa idem valet quod esso∣nium de malo lecti.—Et Galli apertius dixe∣runt Exoine de mal resseant. Spelm.

Residence, (R〈…〉〈…〉tia) Is peculiarly used both in the Canon and Common-Law, for the continuance or aboad of a Parson or Vicar up∣on his Benefice: The defalt whereof (except the party be qualify'd and dispensed with) is the loss of ten pounds for every moneth. Anno 28 Hen. 8. ca. 13.

Resignation, (Resignatio) Is used particu∣larly for the yielding up a Benefice into the hands of the Ordinary, otherwise called renun∣ciatio by the Canonists. And, though it signifie all one in nature with the word Surrender, yet it is by use restrained to the yielding up a Spiri∣tual Living as aforesaid, and Surrender to the giving up Temporal Lands into the hands of the Lord. And, a Resignation may now be made into the hands of the King, as well as of the Diocesan, because he has Supremam Autho∣ritatem Ecclesiasticam, as the Pope had here in times past. Plowden, Casu Gr••ndon, fo. 498.

Resort, or Ressort, (Fr.) Is a word used properly in a Writ of Tayle or Cousenage, as Descent is in a Writ of right: In French it signi∣fies the Authority or Jurisdiction of a Court.—Salvo tamen tam ressorto quam aliis jure no∣stro, & jure etiam alieno. Lit. Pat. Philip le Har∣dy R. Franc.

Respectu computi vicecomitis habendo, Is a Writ for the respiting a Sheriffs account, upon just occasion, directed to the Treasurer and Barons of the Exchequer, Reg. fo. 139, and 179.

Respite, (Respectus) Is used for a delay, forbearance, or continuation of time. Praecipio tibi, quod poni facias in respectum usque ad ali∣quem terminum competentem. Glanvile, lib. 12. ca. 9. in Brevi Regis.

Respite of Homage, (Respectus Homagii) Is the forbearance of Homage, which ought first of all to be performed by the Tenant, holding by Homage; but, it had the most frequent use in such as held by Knight-service in Capite; who, did pay into the Exchequer every fifth Term, some small Summ of Money to be respited, the doing their Homage, see the Stat. 12 Car. 2. ca. 24. whereby this Respite of Homage is taken away, as a charge incident, or arising from Knight-service, &c.

Respondeat superior, Where the Sheriffs are removable, as in London, for insufficiency, responde••t superior, that is, the Mayor and Com∣monalty of London. Pur insufficiency del Bai∣liff d'un Libertie, respondeat Dominus liberta∣tis, 44 Ed. 3. 13. See 4 Inst. fo. 114.

Responsalis, (qui Responsum defert) Is he that appears for another in Court at a day as∣signed, GIanvile, lib. 12. ca. 1. But Fle••a, (lib. 6. ca. 11.) makes a difference between At∣turnatum, Essoniatorem & Responsalem; as if Es∣soniator came onely to alledge the cause of the parties absence, be he the demandant or tenant; and Responsalis came for the Tenant, not onely to excuse his absence, but to signifie what trial he meant to undergo, viz. the Combat or the Country. See Atturney.

Responsions, (Responsiones) Seems to be a word used particularly by the Knights of St. John of Hierusalem, for certain accounts made to them by such as held their Lands or Stocks, Anno 32 Hen. 8. ca. 24.

Restitution, (Restitutio) Is a yielding up, or Restoring any thing unlawfully taken from ano∣ther. It is also used for the setting him in pos∣session of Lands or Tenements, who had been unlawfully disseised of them; which, when to be done, and when not, see Cromp. Just. of P. fo. 144. usque 149.

Restitutione extracti ab Ecclesia, Is a writ to restore a Man to the Church, which he had recover'd for his Sanctuary, being suspected of Felony. Reg. of Writs, fo. 69. a.

Restitutione temporalium, Is a Writ that lies where a man, being elected and confirmed Bishop of any Diocess, and has the Kings Roy∣al assent thereto, for the recovery of the Tem∣poralties or Barony of the said Bishoprick. Which is directed from the King to the Eschaa∣tor of the County, the form whereof you have in Reg. of Writs, fo. 294. and in Fitz. Nat. Br. fo. 269.

Resummons, (Resummonitio) Signifies a second Summons, or calling a man to answer an Action, where the first Summons is defeated, or suspended by any occasion, as the death of the party, or such like. See Brook tit. Resum∣mons, fo. 214. See of these four sorts, accor∣ding to four divers cases in the Table of Reg. of Writs judicial, fo. 1. and New Book of Entries, verb. Reattachment & Resummons.

Resumption, (Resumptio) Is particularly used for the taking again into the Kings hands such Lands or Tenements, as before, upon false suggestion or other Error, he had granted by Letters-Patent to any Man, Brook tit. Repel∣lance & Resumption, fo. 298. And so it is used Anno 31 Hen. 6. ca. 7. & 19 Hen. 7. ca. 10 See Reseiser.

Retail, (Anno 3 & 4 Iid. 6. ca. 21.) Qui rem integram ementes, per minutiores eam partes distrah••bant. Anglice, to buy by great, and sell by Retail, i. by parcels.

Reteiner, (from Retineo) Signifies a Ser∣vant, not menial nor familiar, that is, not con∣tinually dwelling in the house of his Lord or Master, but onely wearing his Livery, and at∣tending sometimes upon special occasions. This Livery was wont to consist of Hats (or Hoods) Badges, and other suites of one Garment by the year, and were given by Lords and great Men many times on purpose for maintenance and quarrels, and therefore have been justly prohi∣bited by many Statutes, as by 1 R. 2. ca. 7. upon pain of Imprisonment and grievous forfeiture to the King. And again, Anno 16 ejusdem, ca. 4. & 20 ejusdem, ca. 1 & 2. and 1 Hen. 4. ca. 7. By which the Offenders herein should make Ransom at the Kings will; and any Knight or Esquire hereby duely attainted, should lose his said Livery, and forfeit his Fee for ever, &c. which Statute is further confirmed and explain∣ed Anno 2 Hen. 4. ca. 21. and Anno 7 ejus∣dem, ca. 3. & Anno 8 Hen. 6. ca. 4. And yet this offence was so deeply rooted, that Edward the Fourth was forc'd to confirm the former Sta∣tutes, and further to extend the meaning of them, as appears by 8 Edw. 4. ca. 2. adding a special pain of five pounds on every man that gives such Livery, and as much on every one so reteined, either by Writing, Oath, or Promise for every Moneth. These by the Feudists are called Affidati: And, as our Reteiners are here forbidden, so are those Affidats in other Countries. But, most of the above mentioned Statutes are repealed by 3 Car. 1. ca. 4.

Retenementum, (from Retineo) A with∣holding, reteining, or keeping back—Sine ul∣lo retenemento was a frequent expression in old Deeds.

Retraxit, Is so called, because it is the em∣phatical word in the Entry; and is, where the Plaintiff or Demandant comes in person alone, or with the Defendant into Court, and sayes, He will proceed no further; which is peremptory, and a perpetual Barr, and may be pleaded as such to the Plaintiff in the same Action for ever. Qui semel Actionem renunciavit, amplius repe∣tere non potest. Coke on Litt. lib. 2. ca. 11. S. 208. where you shall find the difference be∣twixt Nonsute and Retraxit.

Return, (Returna vel retorna) From the Fr. retour, i. Reditio, reversio) has two particu∣lar applications, namely, the return of Writs by Sheriffs and other Officers, which is a Certi∣ficate made to the Court from whence the Writ issued, of that which they have done, touching the execution of the same Writs. Of returns in this signification, speaks the Statute of Westm. 2. ca. 39. So is the Return of a Commission, a Certificate, or answer to the Court of that which is done by the Commissioners, Sheriff, Bai∣liff, or others, unto whom such Writs, Commis∣sions, Praecepts, or Mandats, are directed.

Also certain days in every Term are called Returns, or Dayes in Bank: As Hillary Term has four Returns, viz. Octabis Hilarii, Quindena Hilarii, Crastino Purificationis, Octabis Purifica∣tionis: Easter Term five, viz. Quindena Pasche, Tres Pasche, Mense Pasche, Quinque Pasche and Crastino Assensionis Domini. Trinity Term four, viz. Crastino Trinitatis, Octabis Trinitatis, Quin∣dena Trinitatis, Tres Trinitatis: And Michaelmas Term six Returns, viz. Tres Michaelis, Mense Michaelis, Crastino animarum, Crastino Martini, Octabis Martini, Quindena Martini. See the Statutes of Dayes in Bank, Anno 51 Hen. 3. 32 Hen. 8. ca. 21. and 17 Car. 1. ca. 6.

The other Application of this word is in case of Replevin; for, if a man distrain Cattel for Rent, &c. and afterwards so justifie or avow his act, that it is found lawful, the Cattel, before deliver'd to him that was distrained, upon secu∣rity given to follow the Action, shall now be returned to him that distrained them, Brook tit. Return d'avers & hommes, fo. 218.

Returno habendo, Is a Writ that lies for him, who has avow'd a Distress made of Cattel, and proved his Distress to be lawfully taken, for the return of the Cattel distreined, unto him, which before were repl〈…〉〈…〉 by the party di∣streined, upon surety given to pursue the Acti∣on, or when the Plaint or Action is removed by Recordari; or Accedas ad Curiam, into the

Court of Common Pleas, and he, whose Cattel were distrained, makes default, and doth not declare or prosecute his Action.

Returnum Averiorum, Is a Writ Judici∣al, and the same with Retorno Habendo, granted to one impleaded for taking the Cattel of an∣other, and unjust detaining them Contra vadium & Plegios; and appearing upon Summons, is dismissed without day, by reason the Plaintiff makes default, and doth not declare ut supra, and it lies for the return of the Cattle to the Defendant, whereby he was summoned, or which were taken for security of his appearance upon the Summons. Regist. of Writs Judic. fol. 4. a.

Returnum Irreplegiabile, Is a Writ Ju∣dicial, sent out of the Common Pleas to the Sheriff, for the final restitution or return of Cattle to the owner, unjustly taken by another, as Damage-Feisant, and so found by the Jury before Justices of Assise in the County; or otherwise, by default of Prosecution. For which, see Reg. of Writs Judic. fol. 27.

••eve alias Greve (Germanicè Grave, Sax. gerefa. Praefectus, Praepositus) Signifies the Bailiff of a Franchise or Mannor, especially in the West parts. Hence Shire-reve, a Shiref. See Kitchin, fol. 43. See Greve, and Shiref, and Tun-greve. See Verstegan, cap. 10. and Church∣reve.

Reveland. See Teinland.

Revenue (Fr. Revenu) Signifies properly the Yearly Rent and Profits that accrews to every Man from his Lands and Possession.

Reversion (Reversio) Signifies a returning again: Therefore Reversio terrae est tanquam terra revertens in possessione Donatori sive haere∣dibus suis post donum finitum. Coke on Littl. fol. 142. b. It hath a double acception; the one is, Jus revertendi cum status possessionis defecerit; and this is but an interest in the Land, when the Occupation and Possession of it shall fall, and so it is commonly taken. 2. When the Possession and Estate, which was parted with for a time ceaseth, and is determined in the persons of the Alienees, Assignees, Grantees, or their Heirs, or effectually returns to the Donor, his Heirs, or Assigns, whence it was de∣rived. This is the most proper signification of the word, which is derived from Revertor, & apte dici non potest Reversio, antequam reverta∣tur in facto. See Littl. lib. 2. cap. 12. And see Remainder.

Review (Fr. Reveue) A Bill of Review in Chancery, is, where the Cause hath been heard, and the Decree signed and enrolled; and some Error in Law, appears in the Body of the De∣cree, or new matter discovered in time after the Decree made: Which Bill must be exhibited by leave of the Court, and not otherwise. Coll. of Orders in Chanc. pag. 69.

Reviving, Is a word metaphorically appli∣ed to Rents and Ac〈…〉〈…〉 and signifies a renew∣ing them, after they 〈◊〉〈◊〉 extinguished. Where∣of see divers examples in Brook, tit. Revivings of Rents, Action, &c. fol. 223.

Bill of Revivor, Is where a Bill hath been exhibited in Chancery against one, who answers, and before the Cause is heard, or if heard, the Decree be not inrolled, and either party dies: In this Case a Bill of Revivor must be brought, to the end, the former proceedings may stand Revived, and the Cause be finally determined.

Revocation (Revocatio) Is the recalling a thing granted: Of which, you have divers in the Register of Writs. As, Revocationem brevis de audiendo & terminando, fol. 124. Revocati∣onem Praesentationis, fol. 304, 305, &c.

Rewey (Anno 43 Eliz. cap. 10.)—So as the same Cloaths, being put in water are found to shrink, Rewey, Squally, Cockling, Light, and notable faulty, &c. i. Unevenly wrought, or full of Rews.

Ribaud (Fr. Ribauld) A Rogue, Rascal; Fornicator, Whoremonger. Rot. Parl. 50 Edw. 3. num. 61. Petition against Ribauds and sturdy Beggars.

Rider-Roll See in Roll.

Ridge or Rig of Land (Riga) Terram quam è pluribus sul••u in agg••rem efferunt arantes, ita ut sicca sedes frumentis habeatur, Romani strigam (atque inde agros strigatos) nos, a Ridge of Land. Spel. Yet I have seen in the Exempli∣fication of a Writ of Partition, Anno 20 Eliz. Teste Jacobo Dyer Mil. unam acram terrae ara∣bil. continen. quinque porcas terrae, Anglico Ridges.

Ridings, Are the names of the Parts or Divisions of Yorkshire, being three, viz. East-Riding, West-riding, and North-Riding, and mentioned in the Statute of 22 Hen. 8. cap. 5. and 23 Ejusdem, cap. 18. In Indictments in that County, it is requisite, that the Town and the Riding be expressed. West, par. 2. Symb. tit. Indictnents, sect. 70. Q.

Riens passe per le fait, Is the form of an Exception taken in some Cases to an Action, See Brook, tit Estraunger al fait ou Record.

Riens arrear, Is a kinde of Plea used to an Action or Debt upon Arrearages of Account, whereby the Defendant does alleage that there is nothing arrear. Book of Entries.

Riens per descent (i. Nothing by descent) Is the Plea of an Heir, where he is sued for his Ancestors Debt▪ and hath no Land from him by descent. See 3 Part Cokes Rep. fol. 151.

Riens deins le gard, Was a challenge to a Jury or Enquest within London, &c. But it is abrogated by the Statute 7 Hen. 7. cap. 5.

Rier County (Retro comitatus) From the Fr. Arriere, i. Posterior) in the Stat. 2. Edw. 3. cap. 5. is opposite to open County; And by com∣paring that Statute with West〈…〉〈…〉. 2. cap. 38. it appears to be some publick place, which the Sheriff appoints for Receipt of the Kings Money, after the end of his County. Fleta says it is, Dies crastinus post comitatum. Lib. 2. cap. 67.

Right (Jus) In general signification, in∣cludes not onely a right, for which a Writ of Right lies, but also any Title or Claim, either by force of a condition, Morgage, or the like,

for which no Action is given by Law, but onely an Entry. Coke on Littl. lib. 3. cap. 8. sect. 445. & 447. There is Jus Proprietatis, A Right of Ownership. Jus Possessionis, A Right of Seisin or Possession. And Jus Proprietatis & Possessi∣onis, A Right both of Property and Possession; which was anciently called Jus Duplicatum. See Recto & Droit.

Right in the Court. See Rectus in Curia.

Rime (Rima) Is taken for a mean kinde of Verse, commonly made by some unskilful Poet∣aster. Of a Libellous and Rebellious Rime, I have thought fit to insert this Abstract of an ancient and memorable Record.

Placita coram Domino Rege apud Ebor. de Termino Pasche Anno Regni Regis Ricardi Secundi, 16.

Quamplurimi de Cotingham & Villis cir∣cumjacentibus indictantur, quod ipsi alli∣gati fuerint quilibet ad alterum sustinen∣dum & manutenendum omnes querelas suas versus quoscunque: Et quod modo guerrino obsiderunt villam de Kingston super Hull, & pontes circumjacentes diripuerunt, ita quod nullus ire vel redire posset ad dictam villam, ac insuper fecerunt Rimam in An∣glicis verbis, & dictam Rimam publice apud Beverley proclamari fecerunt die, &c. quae Rima sequitur in haec verba.

IN the Countrey hard was we, That in our Soken shrews should be, With all for to bake.

Among you Friers it is soe, And other Orders many moe, Whether they sléep or wake.

And yet will ilke an help up other, And maintain him als his brother, Both in wrong and right.

And also will in strand and stoure Maintain our Neighbour With all our might.

Ilke Man may come and goe Among us, both to and fro, Say you sickerly.

But bethning wil we suffer none, Neither of Hob, nor of John, With what may he merry be.

For unkinde we ware, If we suffered lesse or mare Any villan hethning.

But it were quite double again, And accord, and be ••ul faine To byde dressing.

And on that purpose, yet we stand, Who so doth us any wrang, In what place it fall.

Yet he must als wéele, Als have I hap and héele, Doe againe us all.

Sed perdonantur 28 ex eis.
Record. continet quatuor Rotulos.

Ringhead (Anno 43 Eliz. cap. 10.) An Engin used in stretching Woollen Cloth.

Riot (Fr. Riotte, quod non solum rixam & jurgium significat, sed vinculum etiam, quo plura in unum, fasciculorum instar, colligantur) Sig∣nifies the forcible doing an unlawful act, by three or more persons assembled together for that purpose. West, par. 2. Symb. tit. Indict∣ments, sect. 65. The differences and agreements between a Riot, Rout, and Unlawful Assembly, See in Lamb. Eiren. lib. 2. cap. 5. Stat. 1 Mar. cap. 12. and Kitchin, fol. 19. who gives these Examples of Riots: The breach of Enclosures, Banks, Conduits, Parks, Pounds, Houses, Barns, the burning of Stacks of Corn, &c. Lamb. ubi supra mentions these: To beat a Man, to enter upon a Possession forcibly. See Rout and Unlawful Assembly; see also, in Cromp. Justice of Peace, divers Cases of Riots. Anno 17 Rich. 2. cap. 8. and 13 Hen. 4. cap. 7. See Rout.

Ripariae (from Ripa, a Bank) in the Statute of Westm. 2. cap. 47. Signifies the Water or River running between the Banks, be it Salt or Fresh. 2 Inst. fol. 478. The word occurs al∣so in Rot. Cart. 9 Edw. 2. num. 12.

Ripiers (Riparii, a Fiscella, qua in deve∣hendis piscibus utuntur. Anglice a Ripp) Are those that use to bring Fish from the Sea Coast to the inner parts of the Land. Cam. Brit. pag. 234.

Roather Beasts (Anno 7 Edw. 6. cap. 11.) See Rother-Beasts.

Robbery (Robaria) from the Fr. Robbe, i. Vestis) Is a Felonious taking away another Mans Goods from his Person, Presence, or Estate against his will, putting him in fear, and of purpose to steal the same. West, par. 2. Symbol. tit. Indictments, sect. 60. This is sometimes cal∣led Violent Theft, which is Felony, of two pence. Kitchin, fol. 16. & 22. See Cromptons Justice of Peace, fol. 30. b.

Robbers (Robatores) Were so called origi∣nally, because they onely took away the Robes or Cloaths from Travellers; Latrones validi, qui in personas hominum insilientes, bona sua diri∣piunt.

Robersmen or Roberdsmen (Anno 5 Edw. 3. cap. 14. and 7 Rich. 2. cap. 5.) Lambert interprets them to be Mighty Thieves. Eiren. lib. 2. cap. 6. Sir Edward 〈…〉〈…〉ke in his Third Instit. fol. 197. says, Robin-Hood lived in Richard the First's time in the Borders of England and Scotland by Robbery, burning Houses, Rape,

and Spoil, &c. And that these Roberdsmen took name from him.

Kod (Roda terrae) Is otherwise called a Pearch, and is a measure of sixteen foot, and a half long; and in Staffordshire twenty foot, to measure Land with. See Pearch.

Rod Knights alias Rad Knights (from the Sax. rad, angl. Road, i. Equitatus, & tnyt, i. puer, minister, famulus; quasi pueri vel ministri equitantes) Were certain Servitors, who held their Land by serving their Lords on Hors∣back. Debent equitare cum Domino suo de Ma∣nerio in Manerium, vel cum Domini Uxore. Bracton, lib. 2. cap. 35. num. 6. Not much unlike our Retainers.

Rose-tyle alias Creast-tyle, Is that Tyle which is made to lay upon the Ridge of the House. Anno 17 Edw. 4. cap. 4.

Rogue (Rogus, from the Fr. Rogue, Ar∣rogans) Signifies an idle sturdy Beggar, who (wandring from place to place without Pasport, after he hath been by Justices, bestowed or offered to be bestowed on some certain place of aboad) is worthily so called; who for the first offence, is called A Rogue of the first degree, and punished by whipping and boring through the Grissel of the Right Ear, with a hot Iron, an inch in compass; and for the second offence is called A Rogue in the second degree, and put to death as a Felon, if he be above eighteen years old. See the Stat. 14 Eliz. cap. 5. and 18 E∣jusdem, cap. 3. and Anno 36 cap. 17. See Lamb. Eiren. lib. 4. cap. 4.

Rogus (Lat.) A great Fire; also a Pile of Wood.—Mandatum est constabulario castri de Divis. Et custodi Forestae de Cippeham, quod fieri fac. unum Rogum in Foresta praedicta ad operationes Castri praedicti, prout melius viderit expedire, &c. T. x Maii. Claus. 54 Hen. 3. m. 8. Rogus cum comburitur, pira est congeries ligno∣rum ad comburendum. Vocab. utriusque Juris.

Roll (Rotulus) Signifies a Schedule of Paper or Parchment, which may be turned or wound up with the hand to the fashion of a Pipe: Of which, there are in the Exchequer several kindes, as the Great Wardrobe Roll, the Cofferers Roll, the Subsidy Roll, &c. Of which, see the Practice of the Exchequer Court, fol. 75.

Rider-Roll (Noys Reports, fol. 84.) The Court Ex Officio may Award a Certiorari ad in∣formandam conscientiam; and that which is cer∣tified, shall be annexed to the Record, and is called a Rider Roll. Or a Rider Roll is a Sche∣dule or small piece of Parchment, not seldom sewed or added to some part of a Roll or Record.

Rolls, or Office of the Rolls in Chancery∣lane, anciently called Domus Conversorum, Was an House built or appointed by King Henry the Third, for such Jews as were con∣verted to the Christian Faith: But King Edward the Third, in the One and fiftieth year of His Raign, expulsed them for their wickedness, and deputed the place for the Custody of the Rolls, and Records of the Chancery; the Ma∣ster whereof, is the second person in Chancery, and in the absence of the Lord Chancellor, or Lord Keeper, sits as Judge, being commonly called The Master of the Rolls.

Romefeoh, Romepeny, (Sax. romfeoh, i▪ Nummus Romae datus, nam feoh est nummus, pecunia, stipendium; rompening, Romae Dena∣rius; Pening enim (hodie A peny) est Dena∣rius. Vide Romescot.

Romescot (Romefeoh vel Romefee, Rome∣peny, alias Denarius Sancti Petri & Hearth∣pony) Is compounded of Rome and Scot, from the Sax. sceat, i. Census, pecunia, quasi, num∣mus Romae dicatus. It was an annual tribute of one peny from every family or houshold, paid yearly to Rome at the Feast of St. Peter ad Vincula, 1 Aug. It was given by Inas, King of the West-Saxons, Anno 725. as an Alms, being in Pilgrimage at Rome, and was prohibited in the days of Edward the Third. It amounted to Three hundred Marks, and a Noble yearly Romfeoh in Festo Sancti Petri ad Vincula debet reddi—Qui supra tenebit, reddat Episcopo Denarium illum, & 30 Denarios addat, & Regi 50 solidos. LL. Hen. 1 cap. 12. See Peter∣pence.

Rood of Land (Rodata Terr••) Is the fourth part of an Acre. Anno 5 Eliz. cap. 5.

Rother-Beasts (Sax. Hryther) Under this Name are comprehended Oxen, Cows, Steers, Heyfers, and such like Horned-Beasts. Anno 21 Jac. cap. 28. And in Herefordshire, the Dung of such Beasts is still called Rother∣soyl.

Rotulus Wintoniae, Domesday Book so called, because it was of old kept at Winchester, among other Records and Monuments of the Kingdom. See Domesday. Some say there was a more ancient Record or Book, of like nature with Domesday, but made long before by King Alfred, called Rotulus Wintonia.

Rouge Cross. See Herald.

Roundlet. See Runlet.

Rout (Fr. Route, i. A company or number) Which signifies an Assembly of three persons, or more, going forcibly to commit an unlawful act, though they do it not; and is the same which the Germans yet call Rot, meaning a Band or great company of Men gathered toge∣ther, and going to execute, or are executing indeed any Riot, or unlawful act. See the Stat. 18. Edw. 3. stat. 1. and 2 Rich. 2. cap. 6. It is a Rout, whether they put their purpose in execu∣tion, or no, if they go, ride or move forward after their meeting. Brook, tit. Riot, 4. 5. So as a Rout seems to be a special kinde of unlaw∣ful. Assembly, and a Riot, the disorderly fact committed generally by any unlawful▪ Assembly. Howbeit, two things are common both to Rout, Riot, and Unlawful Assembly: The one, that three persons at the least be gathered together; the other, that they being together, do disturb the Peace, either by words, shew of arms, turbulent gesture, or actual violence, &c. See

Lamb. Eiren. lib. 2. cap. 5. See Riot and Unlaw∣ful Assembly.

Royal Assent (Regius Assensus) Is that Assent or Approbation, which the King gives to a thing formerly done by others, as to the e∣lection of a Bishop by Dean and Chapter; which given, then he sends a Special Writ to some person for the taking of Fealty. The form whereof you may see in Fitz. Nat. Br. fol. 170. C. And to a Bill passed in both Houses of Parliament. Cromp. Jur. fol. 8. Which As∣sent in Parliament being once given, the Bill is Endorsed with these words. Le Roy Veult, i. It pleaseth the King. If he refuse to agree to it, then thus, Le Roy Averisa. i. The King will Advise upon it.

Royalties (Regalia vel Regalitates) Are the Rights of the King, otherwise called the Kings Prerogative; some of which are such as the King may grant to common persons; some so high, as may not be separated from his Crown Privative, as the Civilians term it; though some may be Cumulative. Vide Bracton, lib. 2. cap. 5. And Mathaeum de Afflictis, upon the title of the Feuds, Quae sint Regalia; where are set down Twenty five particulars, or several sorts of Royalties. See Prerogative and Regalia.

Rudge-washed Kersey, Is that which is made of Fleece-wool, washed onely on the Sheeps back. Anno 35 Eliz. cap. 10.

Runcinus (from the Ital. Runzino) Is used in Domesday for a Load-horse, or Sumpter∣horse; and sometimes a Cart-horse, which Chaucer calls a Rowney.

Rune (from the Sax. Rununge, i. A Course or Running) A Water-course, so called in the Marshes of Sommersetshire. Hist. of Imbanking and Draining, fol. 106. a.

Runlet alias Roundlet, Is a certain Mea∣sure of Wine, Oyl, &c. containing Eighteen Gallons and a half. Anno 1 Rich. 3. cap. 13.

Rural Deanes (Decani Rurales) Sunt Decani Temporales ad aliquod ministerium sub Episcopo vel Archiepiscopo exercendum consti∣tuti, qui nec habent Institutionem Canonicam se∣cundum Doctores. Hos eosdem esse existimo, qui in LL. Edouardi Confess. cap. 31. Decani E∣piscoporum appellantur. See Dean. Each Dio∣cess hath in it one or more Arch-Deaconries, for dispatch of Ecclesiastical business, and every Arch-Deaconry subdivided into Rural Dean∣ries, fewer or more, according to the bigness and extent thereof. Heylins Cosmog. fol. 304. These were anciently called Archi-Presbyteri, & Decani Christianitatis. See Dean.

Rusca. When the King himself (says Domes∣day, tit. Cestre) came in person to Chester, every Carrucata yielded him two hundred Hesta's, and one Tun of Ale, and one Rusca of Butter. Quaere What the quantity was? Rusca apum, is a Hive of Bees.

S.

SAbbatum, in Domesday, is used for Peace, Postquam Willielmus Rex advenit, & sedebat in Sabbato, & Willielmus Mallet fecit suum Castel∣lum de Eia, &c. Tit. Sudsex.

Sac (Saca vel Sacha) Is a Royalty or Pri∣viledge, which a Lord of a Mannor claims to have in his Court, of holding Plea in Causes of Debate, arising among his Tenants and Vassals; and of imposing and levying Fines and Amerciaments touching the same. But Rastal, and some others define Sac to be the forfeiture it self. In the Laws of King Edward, set forth by Lambert, fol. 144. it is written, (Sacha) Sacha autem est, si quilibet aliquem no∣minatim de aliquo calumniatus fuerit, & ille ne∣gaverit; forisfactura probationis vel negationis (si evenerit) sua erit. Which may be called the Amerciament paid by him, who denies that which is proved against him to be true, or af∣firms that which is not true. Fleta says, Sake significat acquietantiam de secta ad Comitatum & Hundredum, lib. 1. cap. 47. Sac is a Saxon word, and signifies Causa, lis, certamen, as we still say For Christs sake, 1. Pro causa Christi. See Keil∣weys Rep. fol. 145. Praecipio ut S. Benedictus de Ramefia ita bene & libere habeat Socam & Sacam suam, &c. Breve Hen. 2. Justiciariis de Nor∣folc. V. Saka.

Sacaburth alias Sacabere, Is he that is robbed, or by theft deprived of his Money or Goods. Britton, cap. 15. & 29. With whom agrees Bracton, (lib. 3. tract. 2. cap. 32. num. 2.) Furtum vero manifestum est, ubi latro deprehensus sit seisitus de aliquo latrocinio, sc. Hondhabend & Backberend, & insecutus fuerit per aliquem cujus res illa fuerit, qui dicitur Sacaburth, &c. It may come from ••ac or ••aca, i. lis, causa, prosecutio, and burh, pignus; quia res furtiva sit quasi causa pignus, hoc est, furti Symbolum. Spelman. But Sir Edward Coke says, Sacabere or Sakebere, is derived of Sak and Bere, that is, He that did bear the bag. 3 Inst. fol. 69.

Saccus cum brochia, Was a Service or Tenure of finding a Sack, and a Broach to the King, for the use of his Army. Bracton, lib. 2. cap. 16. num. 6. and lib. 2. tract. 1. cap. 6. See Brochia.

Sacerborgh or rather Sickerborgh, Se∣curus Plegius. A sufficient Pledge, or Cauti∣oner. Skene. See Sacaburth.

Sack of Wool (Saccus Lanae) Contains Twenty six Stone, and a Stone Fourteen pounds. Anno 14 Edw. 3. stat. 1. cap. 2. See Sarplar. In Scotland it is Twenty four Stone, and the Stone Sixteen Pound.

Sacrafield Rents, Are certain small Rents paid by some Tenants of the Mannor of Chu∣ton in Com. Somerset, to Sir Charles Waldegrave, Lord thereof; but why so called, Quaere.

Sacramento Recipiendo, quod vidua Regis se non maritabit sine licentia Regis, Was a Writ or Commission to one for the taking an Oath of the Kings Widow, that she shall not marry without the Kings Licence. Reg. of Writs, fol. 298. a.

Sacrobarra. Lib. MS. de Officio Corona∣toris—Inquirendum est per 12 Juratos pro Rege super Sacramentum suum, quod fideliter presenta∣bunt sine ullo concelamento omnes fortunas (••i. fortuito occisos) abjurationes, Appella, Mur∣dra, Sacrobarra, felonias factas per quos & quot, &c. Quaere, If Sacrobarra be not the same with Sacrilegia.

Safe Conduct (Salvus Conductus) Is a se∣curity given by the Prince, under the Broad Seal, to a stranger, for his quiet coming in and passing our of the Realm: Touching which, you may see the Statutes Anno 15 Hen. 6. cap. 3. & 18 Ejusdem, cap. 8. & 28 Hen. 8. cap. 1. and the Form of it in Reg. of Writs, fol. 25.

Safe-guard. See Salva-guardia.

Safe-pledge (Salvus Plegius) Is a Surety given for a Mans appearance against a day as∣signed. Bracton, lib. 4. cap. 2. num. 2. Where it is also called Certus Plegius.

Sagibaro alias Sachbaro, The same we now call Justiciarius: It signifies as much as Vir causarum vel causis & litibus praepositus. LL. Inae Regis Anglo-Saxonis, cap 6. MS.

Sagitta Barbata, A Bearded Arrow.—Reddendo inde annuatim pro omni servitio sex Sagittas Barbatas ad Festum Sancti Michaelis, &c. Carta Hugonis de Logiis, sine Dat.

Sailing Ware (Anno 1 Rich. 3. cap. 8.) Seems to be Canvas, or such kinde of Cloath as Sails for Ships are made of.

Saka, Hoc est, Quod Prior habet emendas & amerciamenta de transgressionibus hominum suorum in Curia sua litigantium, tam liberorum, quam Villanorum. Reg. Priorat. de Cokestord. See Sax.

Salary (Salarium) Is a recompence or consideration made to a Man for his pains or industry, bestowed on another Mans business. The word is used Anno 23 Edw. 3. cap. 1.

Salet, Is a Head-peece (Anno 4 & 5 Phil. & Mar.) From the Fr. Salut, i. Salus. Men∣tioned also 20 Rich. 2. cap. 1. viz. Sallet or Scul of Iron, &c. Otherwise called a Moriam or Pot.

Salarium (Lat.) Custom paid for Salt. Camden.

Salina, A Salt-pit or Vate, a House or place where Salt is made.—In Herbagiis & Piscariis, in Salinis & Fabricis, in minariis fer∣reis, &c. Carta 17 Edw. 2. num 28.

Salique Law (Lex Salica) De terra Salica nulla portio haereditatis mulieri veniat, sed ad virilem sexum tota terrae hereditas perveniat, &c. Was an ancient Law made by Pharamund, King of the Franks. Part of which, appears to have been borrowed by our Henry the First, in compiling his Laws, as Cap. 89.—Qui hoc fecerit, secundum Legem Salicam moriatur, &c.

Salmon Pipe (Anno 25 Hen. 8. cap. 7.) Is an Engin to catch Salmons, or such like Fish.

Salmon Sewse, Seems to be the young Fry of Salmon, Quasi Salmon issue. Anno 13 Rich. 3. stat. 1. cap. 19.

Saltatorium, A Deer-leap. Clamat habere liberum Parcum suum apud Halton cum duobus Saltatoriis in eodem. Pl. apud Cestriam 31 Edw. 3.

Saltus, Highwood. See Boscus.

Salva Guardia, Is a Protection given by the King to a stranger, fearing the violence of some of His Subjects, for seeking His Right by course of Law; the form whereof see in Reg. of Writs, fol. 26.

Salvage Money, Is a recompence allowed by the Civil Law, in lieu of all damages sustain∣ed by that Ship that rescues or saves another, which was set upon by Pyrates or Enemies.

Salute (Salus) Was a Coin made by our King Henry the Fifth in France, after his Con∣quests there, whereon the Arms of France and England were quarterly stamped. Bakers Chron. fol. 187.

Sanctuary (Sanctuarium) Is a place pri∣viledged by the Prince for the Safe-guard of Offenders lives, being founded on the Law of Mercy, and upon the great Reverence, Honor, and Devotion, which the Prince bears to the place whereunto he grants such Priviledge. See Stamf. Pl. Cor. lib. 2. cap. 38. P. Bonifacius 5. jussit Aras & Ecclesias esse asyla reis, says Pla∣tina. Among all other Nations, our ancient Kings of England seem to have attributed most to these Sanctuaries, permitting them to shelter such as had committed both Felonies and Trea∣sons: So that within forty days they acknow∣ledged their fault, and submitted themselves to banishment. During which time, if any Layman expelled them, he was excommunica∣ted; if any Clerk, he was made irregular: But after forty days, no Man might relieve them. See New Book of Entries, verbo, San∣ctuary, and Fleta, lib. 1. cap. 29. How by de∣grees they have been taken away. See the Sta∣tutes 26 Hen. 8. cap. 13. and 28 Ejusdem, cap. 7. 32 Ejusdem, cap. 12. and 33 Ejusdem, cap. 15.—1 Edw. 6. ca. 12 & 2 Ejusdem, ca. 2. & 33. and 5 Ejusdem, cap. 10. See Abjuration. Saint Johns of Beverley in Yorkshire, had an eminent Sanctuary belonging to it, which the Saxons called Fridstol, q. Sedes Pacis. So had St. Martins le Grand in London, 21 Hen. 8. cap. 16. And Rippon had the like, for which see Frod∣mortel.

Sand-gavel, Is a payment due to the Lord of the Mannor of Rodely in Com. Gloc. for Liberty granted to the Tenants, to dig Sand for their uses. Taylors Hist. of Gavelkind, fol. 113.

Sarplar of Wool (Sarplera Lanae) (other∣wise called a Pocket) Is half a Sack; a Sack, eighty Tod; a Tod, two Stone; and a Stone, fourteen Pound. See Fleta, lib. 2. cap. 12. This in Scotland is called Serpliathe, and contains

eighty Stone. See Skene, verbo, Serpliathe, and 3 Part Inst. fo. 96.

Sasse, (Annis 16 & 17 Car. 2. ca. 12.) is a kind of Wear with Floudgates, most common∣ly in Navigable and Cut Rivers, for the dam∣ming and loosing the stream of Water, as oc∣casion requires, for the better passing of Botes and Barges to and fro. This in the West of Englad is called a Luck, and, in the River Lee (less properly) a Turnpike, and in some places, a Sluce.

Saterdays-stop, Is a space of time in which of old it was not lawful to take Salmons in Scot∣land, and the North of England; that is, from Evensong on Saturday, till Sun-rising on Mun∣day, MS.

Sauer default. i. To excuse a defalt; which is properly when a man, having made defalt in Court, comes afterwards and alleadges good cause why he did it, as Imprisonment at the same time, or the like, New Book of Entries on this word.

Saunkefin, (from the Fr. Sang, i. San∣guis & Fin. Finis,) Is a word used by Britton, ca. 119. for the determination, or final end of the lineal Race or descent of a Kindred.

Saxonlage, or Seaxenlage, (Seaxenlaga) lex Saxonum. See Merchenlage.

Scandalum Magnatum, Is the special name of a Scandal, or wrong done to any high Personage of the Realm, as Prelates, Dukes, Earles, Barons, or other Nobles, as also the Lord Chancellour, Treasurer, Steward of the House, Clerk of the Privy-Seal, Justice of either Bench, or other great Officers, by false newes, or Mes∣sages, whereby Debates and Discords betwixt them and the Commons, or any scandal to their persons may arise. Anno 2 Rich. 2. ca. 5. and hath given name to a Writ granted, to recover damage thereupon.

Scavage, Schevage, Schewage and Scheauwing, (From the Sax. sceawian, Osten∣dere) Is a kind of Toll or Custom, exacted by Mayors, Sheriffs, &c. of Merchant strangers, for Wares shewed, or offer'd to sale within their liberties, which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Se∣cond to the City of Canterbury, it is written Scewinga; and (in Man. Ang. 2 Par. fo. 890. b.) Sceawing. The City of London does still retain the Custom, to a good yearly profit. Of which Custom the half endell appertaineth to the Sherifs, and the other balfen del unto the Hostys, in whose Hou∣ses the Marchants ben lodged. And it is to wet, that Scavage is the Shew; bycause that Marchantys shewen unto the Sherifs Marchaundyses, of the which Custums ought to be taken, ore that ony thing thereof be sold, &c. Out of an old printed Book of the Customes of London.

Scavenger, (From the Belgic Scavan, i. To scrape, or shave away,) Two in every Pa∣rish of London and its Suburbs are yearly cho∣sen into this Office, who hire Men, (called Rakers) and Carts to cleanse the Streets, and carry away the dirt and filth thereof, mention∣ed 14 Car. 2. ca. 2. The Germans call him a Drecksimon, from one Simon, a noted Sca∣venger of Marpurg.

Scire facias, Is a Writ judicial, most com∣monly to call a man to shew cause to the Court, whence it issues, why Execution of a Judgment passed should not go out. This Writ is not granted before a year and a day be passed after the Judgment given. Old Nat. Br. fo. 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs, and new Book of Entries.

Scite, (Anno 32 Hen. 8. ca. 20.) See Site.

Skarkalla, or Scarkella.—It was espe∣cially given in charge by the Justices in Eyre, that all Juries should inquire de hiis qui piscan∣tur cum Kiddellis & Skarkallis. Cokes 2 Part Inst. fo. 38. But, he does not declare what Skarkalla is.

Scot, (Sax. sceat, i. A part or portion) Is (according to Rastal) A certain custom, or common Tallage, made to the use of the She∣riff, or his Bailiffs. Scot (sayes Camden out of Matth. Westm.) illud dicitur, quod ex diversis rebus in unum acervum aggregatur. Anno 22 Hen. 8. ca. 3.—Bearing neither Scot, Lot nor other charges, &c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth.

Scot and Lot, (Anno 33 Hen 8. ca. 9.) Signifies a custumory contribution laid upon all Subjects, according to their ability. Hoveden, (in principio Hen. 2.) writes it Anlote & An∣scote. In the Lawes of William the Conqueror set forth by Lambert, you have these words, (ca. 125.) Et omnis Francigena, qui tempore Edwardi propinqui nostri fuit in Anglia, parti∣ceps Consuetudinum Anglorum, quod dicunt Anhlote & Anscote per solvantur secundum le∣gem Anglorum. Again—Rex omne inju∣stum Scottum interdixit. Hoveden, in Anno 1088. Scot from the Sax. sceat, ut supra; Lot, Sax. Llot, i. Sors.

WIllielmus Rex Anglorum Herberto Nor∣wicensi Episcopo & omnibus Baronibus suis de Norfolc & Suffolc salutem. Sciatis me de∣disse Sanctae Trinitati Norwicensi Ecclesiae, rogatu Rogeri Bigoti, terram Michaelis de Utmonaste∣rio & terram de Tanerham, quae ad eandem ter∣ram pertinet, quietam semper & liberam ab omni∣bus Scotis & Geldis, & omnibus aliis Consuetu∣dinibus. T. Eudonc Dapifero apud Westm. &c.

Scotal, or Scotale, (Scotalla & Scotalium) Is a word used in the Charter of the Forest, ca. 7. Nullus Forestarius vel Bedellus faciat Sco∣tallas, vel Garbas colligat, vel aliquam Collectam faciat, &c. Manwood, Par. 1. pa. 216. defines it thus. A Scotal, is where any Officer of the Fo∣rest keeps an Alehouse within the Forest, by co∣lor of his Office, causing men to come to his House, and there to spend their Money, for

fear of displeasure. It is compounded of Scot and Ale, which by transposition of the words is otherwise called an Aleshot, and by the Welsh∣men Cymmorth.

MEmorandum, quod praedicti tenentes, (de South-malling) debent de consuetudine in∣ter eos facere Scotalium de xvi denariis & ob. Ita quod de singulis sex denariis detur 1 denar. & ob. ad potandum cum Bedello Domini Archie∣piscopi super praedictum Feodum. Ex vetere Con∣suetudinario Manerii de Southmalling in Archi∣vis Archiep. Cantuar.

Scrudland, (Sax.) Terra cujus proventus ve∣stibus emendis assignati sunt. Land allotted for buying apparel or cloathing. Ita Eadsius qui∣dem Presbyter in Charta sua Ecclesiae Cantuar. data. Dedit etiam terram illam apud Orpeding∣tunam in vita sua, pro anima sua, Deo in Ecclesia Christi servientibus in Scrudland, i. Fundum ve∣stiarium. Sax. Dict.

Scutage, (Scutagium. Sax. Scildpenig) Hen. 3. for his voyage to the Holy-Land, had a Tenth granted by the Clergy, and Scutage, three marks of every Knights-Fee by the Laity. Ba∣ker in Hen. 3. This was also granted to Henry the Second, Richard the First, and King John.

Scutagio habendo, Was a Writ that lay for the King, or other Lord, against the Te∣nant that held by Knights-Service, to serve by himself, or a sufficient man in his place, in War against Scots or French, or else to pay, &c. Fitz. Nat. Br. fo. 83.

Scutum armorum, A Sheild or Coat of Armes. Noverint universi per presentes me Jo∣hannam nuper uxorem Will. Lee de Knightley, Dominam & rectam haeredem de Knightley dedisse—Ricardo Peshale filio Humfridi Peshale Scu∣tum armorum meorum. Habend. & tenend. ac portand. & utend. ubicunque voluerit sibi & hae∣redibus suis imperpetuum. Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potue∣rimus, sed per presentes sumus exclusi inperpetu∣um. In cujus—Dat. apud Knightley—(An∣no 14 Hen. 6.

Scyre-gemot, (Sax. scyregemot) Was a Court held twice every year (as the Sheriffs Turn is at this day) by the Bishop of the Dio∣cess, and the Ealdorman, (in Shires that had Ealdormen) and by the Bishops and Sheriffs, in such as were committed to Sheriffs that were immediate to the King; wherein both the Ec∣clesiastical and Temporal Laws were given in charge to the Country. Seldens Titles of Honor, fo. 628. See Consistory.

Seal, (Sigillum) Is well known. The first sealed Charter we find extant in England is that of King Edward the Confessor upon His founda∣tion of Westminster Abby. Dugdales Warwick∣shire, fo. 138. b. Yet we read in the MS. History of Offa, King of the Mercians—Rex Offa li∣teras Regii Sigilli sui munimine consignatas ei∣dem Nuncio commisit deferendas. And that Seals were in use in the Saxons time, see Taylors Hi∣story of Gavelkind, fo, 73. See Wang. Anno 1536. Domini etiam atque Generosi, relictis imagi∣nibus equitum in Sigillis, posuerunt Arma sua in parvis Scutis. Chron. Joh. Rossi, in Bibl. Cotton.

Sealer, (Sigillator) Is an Officer in the Chan∣cery; who is appointed by the Lord Chancel∣lor or Keeper of the Great Seal of England, to Seal the Writs and Instruments there made in his presence.

Seam. (Sax.) See Seme.

Sean fish, (Anno 1 Jac. Ses. 1. ca. 25.) Seems to be that sort of Fish, which is taken with a great long Net, call'd a Sean.

Searcher. See Alneger.

Sea-rover, (Anno 16 Car. 2. ca. 6.) See Privateir.

Second Deliverance (Secunda Delibera∣tione) Is a Writ that lies (after a return of Cattle replevied, adjudged to him that distrain∣ed them, by reason of a default in the party that replevied) for the replevying the same Cattle again, upon security, put in for the rede∣livery of them, in case the Distress be justi∣fied. New Book of Entries, verbo, Replevin in Second Deliverance, fol. 522. Vide Dyer, fol. 41. num. 4, 5.

Secta ad Curiam, Is a Writ that iies against him, who refuseth to perform his Sute, either to the County or Court Baron. Fitz. Nat. Br. fol. 158.

Secta facienda per illam quae habet aenici∣am partem, Is a Writ to compel the Heir, that hath the Elders part of the Coheirs, to perform service for all the Coparceners. Reg. of Writs, fol 177. a.

Secta Molendini, Is a Writ lying against him, that used to grind at the Mill of B. and after goes to another Mill with his Corn. Reg. of Writs, fol. 153. Fitz. Nat. Br. fol. 122. But it seems by him, that this Writ lies especially for the Lord against his Frank-tenant, who held of him by making Sute to his Mill. See the New Book of Entries on this word. Secta ad Molendinum, and Assises of Nusance, are now much turned into Trespasses and Actions upon the Case.

Secta ad justitiam faciendam (Bracton, lib. 2. cap. 16. num. 6.) Is a Service which a Man is bound by his Fee to perform.

Secta Shirarum. Per Sectam Shirarum clamat esse quiet. de secta in Com. Cestriae & Flint coram Justic. Domini Principis in Communi Aula placitorum. Plac. in Itin. apud Cestriam. 14 Hen. 7.

Secta unica tantum facienda pro pluribus haereditatibus, Is a Writ that lies for that Heir, who is distrained by the Lord to more Sutes than one, in respect of the Land of di∣vers Heirs descended to him. Reg. of Writs, fol. 177. 4.

Sectis non faciendis, Is a Writ that lies for a Woman; who, for her Dower, ought not to perform Sute of Court. Reg. of Writs, fol. 174.

Secunda super oneratione Pasturae, Is a Writ that lies where Admeasurement of Pasture hath been made, and he, that first sur∣charged the Common, does it again, notwith∣standing the Measurement. Reg. of Writs, fol. 157. Old Nat. Br. fol. 73. Vide 13 Edw. 1. cap. 8.

Secundary (Secundarius) A Second Of∣ficer, who is next to the Cheif Officer: As the Secundary of the Fine Office. Secundary of the Compter, who is next to the Sheriff of London in each of the two Compters. Secundary of the Office of the Privy Seal. Anno 1 Edw. 4. cap. 1. Secundaries of the Pipe, two. Secundary to the Remembrancers, which are two Officers in the Exchequer. Camden, pag. 113.

Securitatem inveniendi, quod se non divertat ad partes exteras sine Licentia Regis, Is a Writ that lies for the King, against any of His Subjects, to stay them from going out of His Kingdom. The ground whereof is, That every Man is bound to serve and defend the Commonwealth, as the King shall think meet. Fitz. Nat. Br fol. 85.

Securitate Pacis, Is a Writ that lies for one (who is threatned death, or danger) against him that so threatens, and is taken out of the Chancery, directed to the Sheriff, whereof the form and farther use, you may see in Reg. of Writs, fol. 88. b. and Fitz. Nat. Br. fol. 79.

Se Defendendo, Is a Plea for him, who is charged with the death of another, saying, He was forced to what he did in his own de∣fence; the other, so assaulting him, that if he had not done as he did, he must have been in danger of his own life: Which danger ought to be so great, as that it appears to have been otherwise inevitable. Stamf. Pl. Cor. lib. 1. cap. 7. And although he justifie it to be done in his own defence, yet is he driven to procure his pardon of course from the Lord Chancelor, and forfeits, notwithstanding, his Goods to the King.

Seignior (Dominus, Fr. Seigneur) Signifies generally as much as Lord; but particularly it is used for the Lord of the Fee, or of a Man∣nor, as Dominus or Senior, among the Feudists, is he who grants a Fee or Benefit out of the Land to another; and the reason is, because (as Hotoman says) having granted the use and profit of the Land to another, yet the proper∣ty (i. Dominium directum) he still retains in himself.

Seignior in Gross. See Lord in Gross.

Seignory (Dominium, Fr. Seigneurie, i. Ditio, Dominatus, &c.) Signifies a Mannor or Lordship. Seignorie de Sokemans. Kitchin, fol. 80. Seignorie in Gross, seems to be the title of him who is not Lord by means of any Mannor, but immediately in his own person: As Te∣nure in Capite, whereby one held of the King, as of His Crown, was Seignorie in Gross. Idem, fol. 206.

Seignourage (Anno 9 Hen. 5. stat. 2. cap. 1.) Seems to be a Regality or Prerogative of the King, whereby He challengeth allowance of Gold and Silver, brought in the Mass to His Exchange, to be coyned.

Seisin (Seisina, Fr. Scisine) Possession; and Primier Seisin is the first Possession. Seisin is twofold, in Fact, and in Law Perkins, Dower, 369 & 370. Seisin in Fact, is, When an Actual Possession is taken: Seisin in Law, is, When something is done, which the Law accounts a Seisin, as an Inrolment. Seisin in Law, is as much as a right to Lands and Tenements, though the owner be by wrong d••••••eised of them. Perkins, Tenant pur le Curtesie, 457, 478. Coke, lib. 4. fol. 9. a. Calls it Seisin in Law, or Seisin Actual.

Seisina habenda, quia Rex habuit an∣num, diem, & vastum, Is a Writ that lies for Delivery of Seisin to the Lord, of his Lands or Tenements, who was formerly con∣vict of Felony, after the King, in right of His Prerogative, hath had the Year, Day, and Waste. Reg. of Writs, fol. 165. a.

Selda. (From the Sax. Selde, a Seat, Stool, or Settle)—Assisa Mensurarum An∣no 9 Rich. 1. apud Hoveden.—Prohibemus ne quis mercator praetendat Seldae suae rubros pan∣nos vel nigros, vel scuta vel aliqua alia per quae visus emptorum saepe decipiuntur, ad bonum pannum eligendum. In Majoribus Chronicis ubi locus hic vertitur; Selda Window expo∣nitur, says Spelman. But by what follows, it seems clearly to signifie a Shop, Shed, Standing, or Stall—Sciant praesentes & futuri, quod ego Thomas Pencombe de Bromyard dedi—Thomae Forsenet Vicario Ecclesiae de Bromyard unam Sel∣dam meam jacentem in Bromyard predict. apud le Cornechepynge, &c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis, Anno 10 Hen. 6.—Et medietatem unius Seldae, vvcat. le Unicorne in London. Mon. Angl. 2 par. fol. 322. a. Sir Edward Coke (on Littl. fol. 4. b.) takes, or rather mistakes Selda for a Salt-Pit.

Selion of Land (Selio terrae) Fr. Seillon, i. Terra elata inter duos sulcos, in Latin Porca, in English a Stiche, or Ridge of Land, and in some places onely called a Land; and is of no certain quantity, but sometimes half an Acre, more or less. Therefore Crompton in his Juris. fol. 221. says, That a Selion of Land cannot be in demand, because it is a thing incertain. It seems to come originally from the Saxon rul or ryl, i. aratrum, whence also the Fr. Seillonner, i. arare.—Charta vetus Achronica maketh six Selions and a half, to be but one Acre. Sciant praesentis & futuri quod ego Margeria filia Williel∣mi de Ryleia dedi, &c. Emmae filiae meae pro homagio & servitio suo unam acram terrae in campo de Camurth, scil. Illas sex Seliones & dimid. cum forera & sepe & fossato, quae jacent in Alde∣wic juxta terram, &c. See Hade.

Seme (Summa, summagium) A Horse-load: A Seme of Corn is eight Bushels. Fratres Prae∣dicator. (Heref.) pro 2 Sumagiis vocat. Semes de focali percipiend. quotidie de bosco de Hey∣wood pro termino 20 annorum.—3 Hen. 5. par. 2. m. 18. See Sumage.—Habebunt etiam

duas Summas frumenti, pro pastellis, cum volu∣erint, faciendas. Mon. Angl. 2 par. fol. 935. a.—Et sint quieti de Summagiis & Murdro & Tennigges & Wapentake & auxiliis Vice-comitum. Ibid. fol. 201. a.—De quatuor Summis salis, continentibus quadraginta bullones pro dimidia salina sua. Ibid. fol. 256. b.

Sendal (Anno 2 Rich. 2. cap. 1.) Seems to be fine Linnen; bat Sandal is a kinde of Phy∣sical Wood brought out of the Indies.

Senege.—There goeth out yearly in Pror∣ege and Senege 33 s. 6 d. History of S. Pauls Church, fol. 272. Quaere, if it be not the Money paid for Synodals, as Proxege for Proxies or Pro∣curations.

Seneshal (Senescallus, is derived of Sein, a House or place, and Schalc, an Officer or Governor. Coke on Littl. fol. 61. a. a Steward: As the High Seneshal or Steward of England. Pl. Cor. fol. 152. High Seneshal or Steward, and South Seneshal or under Steward, Kitchin, fol. 83. is understood of a Steward, and under Steward of Courts. Seneshal de l'Hostel de Roy, Steward of the Kings Houshold. Cromp. Ju∣risd. fol. 102. In Purificatione Beatae Mariae, fuit Filius Regis Anglorum Parisiis & servivit Regi Francorum ad mensam, ut Senescallus Fran∣ciae. Rob. de Monte. in Anno 1170. pag. 649.

Senescallo & Marshallo quod non teneant placita de libero tenemento, &c. Is a Writ directed to the Steward or Marshal of England, inhibiting them to take cognizance of an Acti∣on in their Court, that concerns either Free∣hold, Debt, or Covenant. Reg. of Writs, fol. 185. a. 191. b.

Seneucia, Widow-hood. Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit, dotem suam amittet & forisfiet in quocunque loco infra Com. Kant. Tenen. in Gavelkind. Plac. Trin. 17 Ed. 3.

Separation (Separatio) Of Man and Wife. See Mulier.

Septuagesima (Westm. 1. cap. 51.) Is al∣ways the Fourth Sunday before Quadragesima, or the First Sunday in Lent, from whence it takes its numeral denomination; as Quinqua∣gesima is the next before Quadragesima, then Sexagesima, and then Septuagesima; which are days appropriated by the Church to Acts of Penance and Mortification, and are a certain gradation or preparation to the devotion of Lent, then approaching. See Quinquagesima.

Sequatur sub suo periculo, Is a Writ that lies where a Summons Ad Warrantizandum is Awarded, and the Sheriff returns, that he hath nothing whereby he may be summoned; then goes out an Alias and Pluries, and if he come not at the Pluries, this Writ shall issue forth. Old Nat. Br. fol. 163. Coke on Littl. fol. 10•• b.

Sequela Curiae, Suit of Court.—Et quod sint libori a Sequela Curiae. Mon. Angl. 2 par. fol. 253. a.

Sequestration (Sequestratio) Is a separating a thing in controversie from the possession of both those that contend for it. And it is twofold Voluntary or Necessary: Voluntary is, that which is done by the consent of each party; Necessary is that which the Judge, of his authority doth, whether the parties will or not. It is also used for the Act of the Ordinary, disposing the Goods and Chattels of one deceased, whose Estate no Man will meddle with. Dyer, fol. 232. num. 5. and fol. 256. num. 8. As also for the gathering the Fruits of a Benefice void, to the use of the next Incumbent. Anno 28 Hen. 8. cap. 11. Fortescu, cap. 50. And in divers other Cases.

Sequestro habendo, Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop, at the Kings Commandment, thereby to compel the Parson to appear at the Sute of another: For the Par∣son, upon his appearance, may have this Writ, for the Release of the Sequestration. Reg. of Writs Judicial, fol. 36. a.

Serjeant (Serviens vel Serians) Is diversly used and applied to sundry Offices and Cal∣lings. First, a Sergeant at Law (or of the Coyf) otherwise called Serjeant Conutor, is the highest degree taken in that Profession, as a Doctor in the Civil Law: And to these, as Men best learned, and best experienced, one Court is severed, to plead in by themselves, which is that of the Common Pleas, where the Common Law of England is most strictly ob∣served; and where they are not so limited ex∣clusively to others, but they may likewise plead and be heard in other Courts, where the Judges, (who cannot be Judges until they have taken the degree of Serjeant at Law) do stile them Brother, and hear them with great respect, next unto the Kings Attorney, and Sollicitor General. These are made by the Kings Mandat, directed to them, commanding them upon a great penalty, to take upon them that degree, by a day certain therein assigned. Dyer, fol. 72. num. 1. And of these, one is the Kings Serjeant, being commonly chosen out of the rest, in re∣spect of his great learning, to plead for the King in all his Causes, especially in those of Treason. (Pl. Cor. lib. 3. cap. 1.) Of which, there may be more, if the King so please. In other Kingdoms he is called Advocatus Regius. With what solemnity these Serjeants are crea∣ted, read Fortescu, cap. 50. Crokes third Part, fol. 1. and 2 Instit. fol. 213. These were also anciently called Servientes Narratores.—Et praedictus Thomas le Mareschal dicit, quod ipse est communis Serviens Narrator Coram Justic. & alibi ubi melius ad hoc conduci poterit, & quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne, & de concilio suo fuit, &c. Trin. 25 Edw. 1. Coram Rege, Oxon 22.—Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby, & Johannes Baldwin, Serjeants de Roy, fueront faits Chi∣valiers, & que nul tiels Serjeants devant. fuer. unques fait Chivaliers. Ex MS. Vocat. Spelmans Reports.

The next is a Serjeant at Arms, or of the Mace (Serviens ad Arma) whose Office is to attend the person of the King. Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Con∣dition, and to attend the Lord High Steward of England, sitting in Judgment upon any Traitor, and such like (Pl. Cor. lib. 3. cap. 1.) Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm. Two of them, by the Kings allowance, do attend on the Two Houses of Parliament, whose office in the House of Commons, is the keeping of the doors, and (as of late it hath been used) the execution of such commands, especially touching the apprehension of any offender, as that House shall enjoyn him. Crompt. Jur. fol. 9. Another of them attends on the Lord Chan∣cellor or Lord Keeper, in the Chancery. And one on the Lord Treasurer of England. One upon the Lord Major of London, upon extra∣ordinary solemnities; one attendeth upon the Lord President of Wales, and another upon the Lord President of the North.

Another sort of Serjeants, are cheif Officers, who execute several Functions or Offices within the Kings Houshold; of which, you may read many in the Statute of 33 Hen. 8. cap. 12.

There is also a more inferior kinde of Ser∣jeants of the Mace, whereof there is a Troop in the City of London, and other Corporate Towns, that attend the Major, or other Head Officer, cheifly for Matter of Justice. Kitchin, fol. 143. And these are called Servientes ad Clavam. New Book of Entries, verbo, Scire fa∣cias, in Mainpernors, cap. 3. fol. 538.

Serjeants of Peace.—Et etiam habere ibidem (i. Dunham) sex Servientes qui vocantur Serjeants of Peace, qui servient Cur. Mane∣rii praedicti, & facient Attach. & executiones omnium Placitorum & querelarum in dicta Curia Placitorum, &c. Pl. de quo Warranto apud Cestriam, 31 Ed. 3.

Serjeanty (Serjantia) Is a Service that cannot be due to any Lord from his Tenant, but to the King onely; and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service, which he ought to do in his own person, as to bear the Kings Banner, Spear, &c. Petit Serjeanty is where a Man holds Land of the King, to yield him yearly some small thing towards his Wars, as a Sword, Dagger, Bow, &c. of which read Bracton, lib. 2. cap. 16. & 37. And Britton, c. 66. num. 1. & 2. Inter feodalia servitia summum est & illustrissimum, quod nec Patronum aliquem agnoscit praeter Regem, says the Learned Spelman. Lib. MS. Feodal. de Baldwino de Pettour, qui te∣nuit terras in Hemingston in Com. Suff. per Ser∣jantiam, pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae, Sal∣tum, Sufflum, & Pettum, al. unum Saltum, unum Sufflatum, & unum Bombulum. And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis, i. The Kings Fore-footman when he went into Qascoign, Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service, being admitted to be performed, when the King went to Gascoign to make War, is Knights Ser∣vice. Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors, Mannors, Lands, &c. are turned into Free and Common Soccage; but the Honorary Services of Grand Serjeanty are thereby con∣tinued.

Servage (Anno 1 Rich. 2. cap. 6.) See Ser∣vice.

Service (Servitium) Is that which the Te∣nant by reason of his Fee oweth to his Lord; which is sometimes called Servage, as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books, make divers Divisions of Service, as into Military and Base; Personal and Real; Intrinsick and Extrinsick, &c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage, much of that learn∣ing is set aside. See Coke, lib. 4. Bevils Case, fol. 9. a. See Soccage. Thomas Leigh Esquire (at the Coronation of King Charles the Second) brought up to the Kings Table a Mess of Pot∣tage called Dillogrout, which Service had been adjudged to him by the Court of Claims, in right of the Mannor of Addington in Com. Surrey; whereupon the Lord High Chamber∣lain presented him to the King, who accepted the Service, and afterwards Knighted him.

Servientibus, Are certain Writs touching Servants, and their Masters, violating the Sta∣tutes made against their abuses, which see in Reg. of Writs, fol. 189. & 191.

Service secular (Anno 1 Edw. 4. cap. 1.) Worldly Service, contrary to Spiritual or Ecclesiastical.

Servitium ferrandi, Of Shooing a Horse. See Palfrey.

Servitiis Acquietandis, Is a Writ Judi∣cial that lies for one Distrained for Services to A. who ows and performs to B. for the Ac∣quittal of such Services. Reg. of Writs Judic. fol. 27. a. & 36. b.

Servitors of Bills, Are such Servants or Messengers of the Marshal belonging to the Kings Bench, as were heretofore sent abroad with Bills or Writs to summon Men to that Court, being now called Tipstaffs. Anno 2 H. 4. cap. 23.

Session of Parliament. The passing any Bill or Bills, by giving the Royal Assent there∣to, or the giving any Judgment in Parliament, doth not make a Session, but the Session does continue till that Session be Prorogued or Dis∣solved. See 4 Part Inst. fol. 27.

Sessions (Sessiones) Signifies a sitting of Justices in Court upon their Commission; as the Sessions of Oyer and Terminer. Pl. Cor. fol. 67. Quarter Sessions, otherwise called Gene∣ral Sessions, or Open Sessions. Anno 5 Eliz. cap. 4. Opposite whereunto are Especial, other∣wise called Privy Sessions, which are procured upon some special occasion, for the more speedy dispatch of Justice. Cromp. Just of Peace, fol. 109. Petit Sessions or Statute Sessions, are kept

by the High Constable of every Hundred for the placing of Servants. Anno 5 Eliz. cap. 4. See Statute Sessions.

Sesseur (Anno 25 Edw. 3. cap. 6.) Seems to signifie the assessing or rating of Wages.

Severance, Is the singling or severing two or more, that joyn or are joyned in one Writ. As, if two joyn in a Writ De libertate Proban∣da, and the one afterwards be non-sute, here Severance is permitted, so as, notwithstanding the non-sute of the one, the other may several∣ly proceed. Fitz. Nat. Br. fol. 78. and Brook, tit. Severance & Summons, fol. 238. There is also Severance of the Tenants in an Assise, when one, two, or more Disseisors appear upon the Writ, and not the other. New Book of En∣tries, fol. 81. And Severance in Attaints, eodem, fol. 95. And Severance in Debt, fol. 220. where two Executors are named Plaintiffs, and the one refuseth to prosecute. Severance of Corn, is the cutting and carrying it from off the Ground, and sometimes the setting out the Tythe from the rest of the Corn is called Seve∣rance. See Crokes Rep. 2 Part, fol. 325.

Several Tayl (Tallium Separatum) Is that whereby Land is given and entailed severally to two: For example, Land is given to two Men and their Wives, and to the Heirs of their Bodies begotten, the Donees have joynt-estate for their two lives, yet they have several in∣heritance; because the issue of the one shall have his moyety, and the issue of the other, the other moyety.

Several Tenancy (Tenura Separalis) Is a Plea or Exception to a Writ, that is laid against two, as Joynt, who are indeed several. Brook hoc tit. fol. 273.

Sewer (Severa & Sewera) Est fossa in locis palustribus ducta ad aquas eliciendas, &c. A Passage or Gutter to carry Water into the Sea, or a River. Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as, by authority under the Great Seal, see Drains and Ditches well kept and maintain∣ed in the Marish and Fen Countreys, for the better conveyance of the Water into the Sea, and preserving the Grass upon the Land, for Food of Cattle. See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem, cap. 11. Touching the Draining the Great Level in the Fens, called Bedford Level, and the authority of the Go∣vernor, Bailiff, &c. As Commissioners of Sewers.

Sextary (Sextarius) Was an ancient Mea∣sure, containing about our pint and a half, (according to the Latin Dictionary) the City (now Town) of Leicester paid (inter al.) to the King yearly Twenty five Measures called Sex∣taries of Honey; as we read in Domesday, And in Claus. 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini.—Et unum Sex∣trium Salis apud Wainflet. Mon. Angl. 2 par. fol. 849. b. Decem Mittas brasii, quatuor Sex∣tarios Avenae ad praebendam. Idem, 1 par. fol. 136. b. Where it seems to have been used for a much greater quantity. A Sextary of Ale, contained xvi Lagenas. See Tolsester.

Sexagesima. See Septuagesima.

Shack, Is a Custom in Norfolk to have Common for Hogs, from the end of Harvest, till Seed time, in all Mens Grounds without control. Cokes 7 Rep. fol. 5. Corbets Case. And in that County, To go at Shack, is as much as, to go at large.

Shares. See Flotzon.

Sharping Corn, Is a Customary gift of Corn, which, at every Christmas, the Farmers in some parts of England give to their Smith, for sharping their Plough Irons, Harrow times, and such like, and exceeds not half a Bushel, for a Plough-Land.

Sherbet (Anno 15 Car. 2. cap. 11.) Is a Compound Drink lately introduced in England from Turky and Persia, and is made of Juyce of Lemmons, Sugar, and other ingredients: Another sort of it is made of Violets, Honey, Juyce of Raisins, &c. Sherbert in the Persian Tongue, signifies pleasant Liquor.

Shermans Craft, Is a Craft or Occupati∣on at Norwich, the Artificers whereof do Shear as well Worsteads, Stamins, and Fustians, as all other Woollen Cloth; and mentioned Anno 19 Hen. 7. cap. 17.

Shewing, Is to be quit of Attachments in any Court, and before whomsoever in Plaints shewed, and not avowed. Terms Ley. See Scavage.

Shilling (Sax. scilling) Among our Eng∣lish Saxons, consisted but of Five pence. Si in capillis sit vulnus longitudinis unius Unciae V. de∣nariis, i. uno solido componatur. LL. H. 1. c. 39.

Ship-money, Was an Imposition charged upon the Ports, Towns, Cities, Boroughs, and Counties of this Realm, in the time of King Charles the First, by Writs commonly called Ship-writs, under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings ser∣vice, &c. which (by Stat. 17 Car. 1. cap. 14.) was declared to be contrary to the Laws and Statutes of this Realm, the Petition of Right, Liberty of the Subjects, &c.

Shipper (Anno 1 Jac. sess. 1. cap. 33.) Is a Dutch word, signifying the Master of a Ship. We corrupt it into Skipper, and use it for any Common Seaman.

Shire (Comitatus) From the Saxon Scir or Scyre, i. To part or divide) Is well known to be a part or portion of this Land, called also a County. Who first divided this Land into Shires, see in Camd. Britan, pag. 102. Of which, there are in England Forty, and in Wales Twelve. In privilegiorum Chartis ubi conceditur quietum esse a Shiris, intelligendum est de im∣munitate, qua quis eximitur a Secta vel clientela Curiis Vicecomitum (quas etiam Shiras ••••cant) prestanda vel perficienda. Spel. The Assises of the Shire, or the Assembly of the people of a County, was called dcir-gemot by the Saxons.

Shirif or Shiref (Vicecomes) quasi, Shire∣reve. Sax. scire-gerefa, i. Pogi vel Comitatus Praepositus, the Cheif Offic••••, under the King, of a Shire or County. Camden (in his Britan. pag. 104.) thus describes his Office,

SIngulis vero annis, Nobilis aliquis ex incolis praeficitur, quem Vicecomitem, quasi Vicarium Comitis, & nostra lingua Shyref, i. Comitatus Praepositum, vocamus: Qui etiam Comitatus vel Provinciae Quastor recte dici potest. Ejus enim est publicas pecunias Provinciae suae conquirere, mulctas irrogatas vel pignoribus ablatis colligere, & aerario inferre, Judicibus praesto adesse & eo∣rum mandata exequi, duodecim viros cogere, qui in causis de facto cognoscunt, & ad Judices re∣ferunt (Judices enim apud nos Juris solum, non facti sunt Judices) condemnatos ad supplicium ducere, & in minoribus litibus cognoscere, in ma∣joribus autem jus dicunt Justiciarii, quos Itine∣rantes ad Assisas vocant, qui quot annis hos Comitatus bis adeunt, ut de Causis cognoscant, & Carceratis Sententiam ferant. Henricus secundus hos Itinerantes instituit, vel potius restituit. Ille (ut inquit Matth. Paris) consilio filii sui & Epis∣coporum constituit Justiciarios, per sex partes Regni, in qualibet parte tres, qui jurarent, quod cuilibet jus suum conservarent illaesum.

Of the Antiquity and Authority of this Officer, read Cokes Rep. lib. 4. Mittons Case, and Spel∣mans Glossarium, verbo, Vicecomes. The Shirif was anciently chosen in the County Court by the Suffrages of the People, as Knights of Par∣liament yet are, but is now nominated by the the King. See Fortescu, cap. 24. fol. 53. Vice∣comes, dicitur, quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum Rege. Niger lib. Scaccarii. The Form of his Oath, see in the Reg. of Writs, fol. 331. b.

Shirif-tooth—Pèr Shiriftooth Johannes Stanley Ar. clamat habere de quolibet tenente infra feodum de Aldford unum denarium & qua∣drantem per annum, exceptis Dominicis terris propriis & terrae in feodo & Manerio praedicto Maner. & Hundred. de Macclesfeld. Rot. Plac. in Itin. apud Cestriam 14 Hen. 7.

Shiréebe weke of Winchester and of Esser, (the compass or extent of a Sheriffs authority) Anno 21 Rich. 2. cap. 10. & 11. She∣rifwikes. Anno 13 Eliz. cap. 22.

Shirifalty (Anno 14 Car. 2. cap. 21.) The time of ones being Sheriff.

Shire Clerk, Seems to be the Under-She∣riff. Anno 11 Hen. 7. cap. 15. Sometimes taken for a Clerk in the County Court, Deputy to the Under-Sheriff. See Cokes Rep. lib. 4. Mittons Case.

Shire-mote. See Shire and Turn.

Shop (Shopa)—Omnibus—Johannes Horse∣net de Hereford Bochour salutem. Noveritis me praefatum Johannem dedisse, &c. Rogero Smyth de Bromeyard imam Shopam cum pertin. suis in Bromeyard praedict. scituat. in le Market-place ibidem, &c. Dat. 27 Febr. 9 Edw. 4. See Selda.

Shorling and Morling, Seem to be words to distinguish Fells of Sheep: Shorling signi∣fying the Fells after the Fleeces are shorn off the Sheeps back; and Morling alias Mortling, the Fells flean off after they die, or are killed. Anno 3 Edw. 4. cap. 1. and 4 Ejusdem, cap. 3. Howbeit in some parts of England they under∣stand by a Shorling, a Sheep whose Fleece is shorn off, and by a Mortling, a Sheep that dies. See Morling.

Sich (Sichetum & Sikettus) A little Cur∣rent of Water, which is dry in the Summer.—Inter duos Sikettos, quorum unus cadit inter—Mon. Angl. 2 par. fol. 426. b. Also a Water-Furrow or Gutter, accordingly in Worcester∣shire I know a Moorish Ground called Black∣sich.

Sicut alias, Is a Writ sent out in the second place, where the first was not executed. Coke, lib. 4. fol. 55. b. It is so called of these words expressed in it. As Carolus Dei gratia, &c. Vicecomiti Heref. salutem. Praecipimus tibi (sicut alias praecipimus) quod non omittas propter aliquam libertatem in Balliva tua, quin eam in∣grediaris & capias A. B. de C. in Comitatu tuo gen. &c. Lambert in this Tract of Processes in the end of his Eiren.

Sidemen alias Questmen, Are those that are yearly chosen, according to the Custom of every Parish, to assist the Church-wardens in the Enquiry, and presenting such offenders to the Ordinary, as are punishable in the Court Christian.

Sigillum—Notum sit omnibus Christianis, quod ego Johannes de Gresley non habui potesta∣tem Sigilli mei per unum annum integrum ultimo praeteritum, jam notifico, in bona memoria & sana mente, quod scripta Sigillo meo contradico & denego in omnibus a tempore praedicto usque in diem restaurationis Sigilli praedicti. In cujus rei testimonium Sigillum Decanatus de Repingdon apposui. Testibus Domino Thoma Stafford Milite, Johanne Arden, &c. Dat. apud Drakelew, 18 Rich 2. See Seal and Tabellion.

Significabit, Is a Writ which issues out of the Chancery, upon a Certificat given by the Ordinary, of a Man that stands obstinately ex∣communicate by the space of forty days, for the laying him up in prison without Bail or Mainprise, until he submit himself to the authority of the Church. And it is so called, because significavit, is an emphatical word in the Writ.

There is also another Writ of this name in the Register of Writs, fol. 7. a. directed to the Justices of the Bench, willing them to stay any sute depending between such and such, by rea∣son of an Excommunication alleaged against the Plaintiff; because the sentence of the Or∣dinary that did excommunicate him, is appealed from, and the Appeal yet depends undecided. See Fitz. Nat. Br. De Excommunicato capiendo, fol. 62. & 66. A. where you may finde Writs of this name in other Cases.

Signet (Signet) Is one of the Kings Seals, wherewith His Private Letters are sealed, and is always in the Custody of the Kings Secre∣taries: And there are four Clerks of the Signet Office attending them. 2 Inst. fol. 556.

Silk-thrower or Throwster (Anno 14 Car. 2. cap. 15.) Is a Trade, or Mystery, that winds, twists, and spins, or throws silk, thereby fitting it for use, who are incorporated by the said Act: Wherein there is also mention of Silk-winders and Doublers, which are Members of the same Trade. Anno 20 Car. 2. cap. 6.

Silva Cedua. See Sylva Caedua.

Simnel, (Siminellus vel Symnellus) Panis purior, sic dictus, quod a simila, hoc est, puriori farinae parte efficitur. Panis similagineus, Sim∣nel-bread. It is mentioned in Assisa Panis, (and is still in use, especially in Lent.) Bread made into a Simnel shall weigh two shil∣lings less then Wastel bread. Stat. 51 H. 3. see Cocket.

Simony, (Simonia) Venditio rei sacrae, a Simone Mago dicta. It was agreed by all the Justices Trin. 8. Jac. That if the Patron pre∣sent any person to a Benefice with Cure, for Mony, That such Presentation, &c. is void, though the Presentee were not privy to it; and the Statute gives the presentation to the King. Cokes 12 Rep. fo. 74. Simony may be by com∣pact betwixt strangers, without the privity of the Incumbent or Patron. Croke 1 Part, fo. 331. Bawderokes Case. Hob. Rep. fo. 165. Noys Rep. fo. 22. Pascals Case, & 3 Inst. fo. 153.

Simplex—Carta simplex, A Deed-Poll, or single Deed—Ricardus Mayhen de Sutton per Cartam simplicem huic indenturae indentatam, dedit, &c. Dat. 22 Edw. 3.

Sine assensu Capituli, Is a Writ that lies where a Dean, Bishop, Prebendary, Abbot, Prior or Master of Hospital, aliens the Land held in the right of his House, without the consent of the Chapter, Covent or Fraternity; In which case his Successor shall have this Writ, Fitz. Nat. Br. fo. 195.

Sine die, i. Without day. When Judg∣ment is given against the Plaintiff, he is said to be In misericordia pro falso clamore suo, & eat inde sine die, i. He is dismissed the Court.

Si non omnes, Is a Writ of association, whereby, if all in Commission cannot meet at the day assign'd, it is permitted that two or more of them may finish the business. See As∣sociation, and Fitz. Nat. Br. fo. 185. & 111, &c.

Si recognoscant, Is a Writ that lies for a Creditor against his Debtor, who has, before the Sheriff in the County-Court, acknowledged himself to owe his Creditor such a summ re∣ceived of him in pecuniis numeratis. The form of which Writ is this—Rex vicecom. salutem Praecip. tibi quod si A. recognoscat se debere R. 40 solidos sine ulteriori dilatione, tunc ipsum di∣stringas ad praedictum debitum eidem R. sine di∣latione reddendum, Teste, &c. Old. Nat. Br. fo. 68.

Site, or Scite, (Situs) The setting, or standing of any place, the Seat, or Scituation of a Capital House or Messuage; a Territory, or quarter of a Country. As we often find the Site of the late dissolved Monastery of, i. The place where it stood.—The word is found in the Stat. 32 Hen. 8. ca. 20. & 22 Car. 2. ca. 11. and is there written Scite.—Dedi Situm lo∣ci, in quo domus sua sita est. Mon. Angl. 2 Par. fo. 278. b.

Sithcundman, (Sax.) Sithcundus, custos paganus interpretatur. Lamb. expl. verb. pa. 5. Such a gentleman as had the Office to lead the men of a Town or Parish. E classe nobilium erat, says Somner.

Scyvinage, (Anno 27 Hen. 6. ca. 2.) Sig∣nifies the precincts of Caleis.

Smalt (Anno 21 Ja. ca. 3. and Pat. 16 Feb. 16. Ja. Ital. smalto) Is that of which Painters make Blew Colour.

Smoke silver. Tenemenium Newstede cum pertinen. &c. in villa de Staplehirst in Cam. Cant. tenetur de manerio de East-greenwich per fidelita∣tem tantum in libero Soccagio, per Pat. dat. 3 Febr. 4 Edw. 6. And by the payment for Smoke-sil∣ver to the Sheriff yearly the summ of six pence. Notes for Lord Wootons Office, 1628. There is Smoke-silver and Smoke-penny paid to the Mini∣sters of divers Parishes, conceived to be paid in lieu of Tithewood,—Or, it may, as in many places at this day, be a continued payment of the Romescot, or Peter-pence. See Chimney-money.

Soc, (Sax.) Signifies power, authority, or liberty to minister Justice, and execute Lawes: Also the Shire, Circuit, or Territory, wherein such power is exercised by him that is endued with such a priviledge or liberty. Whence our Law Latin word Soca for a Seignory or Lordship, enfranchised by the King, with the liberty of holding or keeping a Court of his Sockmen, or Socagers, i. His Tenants, whose tenure is hence call'd Socage. This kind of li∣berty is in divers places of England at this day, and commonly known by the name of Soke, or Soken. Skene says Sok, (an old word, used in Charters and Feoffments, which are in sundry old Books, containing the Municipal Laws of this Realm) is called Seda de hominibus suis in Curia se∣cundum consuetudinem regni, &c. See Bracton, lib. 3. Tract. 2. ca. 8. where he makes mention of these liberties, Soc, Sac, Tol, Team, Infangthef, & Ut∣fangthef. LL. Hen. 1. ca. 22.—Sive Sacam totaliter habent, sive non. Soca, id quod Fran∣chesiam dicimus, i. Locus privilegiatus, libertas, immunitas, refugium, asylum, sanctuarium, a Sax. Socn & socne, haec ipsa significantibus.

Socage, or Soccage, (Socagium) From the Fr. Soc, i. Vomer, a Plowshare, or Coulter) Is a tenure of Lands, by or for certain inferior or Husbandry services to be perform'd to the Lord of the Fee. See Institutes of Common-Law. 31. Bracton, (lib. 2. ca. 35. nu. 1.) De∣scribes it thus, Dici poterit Soccagium a Socco, & inde tenentes qui tenent in Soccagio, Sock∣manni dici poterunt, eo quod deputati sunt, ut vi∣detur, tantummodo ad culturam, & quorum custo∣dia & maritagia ad propinquiores parentes jure sanguinis pertinebunt, &c. Skene sayes, Soc∣cage is a Tenure of Lawes, whereby a man is in∣feoffed freely without Wardship or Marriage, paying to his Lord some small rent, &c. which is called free-socage, there was also base Soccage,

otherwise called Villenage—Bracton adds—Soccagium liberum est, ubi fit servitium in dona∣riis Dominis capitalibus, & nihil inde omnino da∣tur ad scutum & servitium Regis. This free Soc∣cage is also called common Soccage, Anno 37 H. 8 ca. 20. Other divisions there are in our Law, Writers of Soccage in Capite, &c. But, by the Statute 12 Car. 2. ca. 24. all Tenures from and after 24 February, 1645, shall be ad∣judged and taken for ever to be turned into free and Common Socage.

Socmans, alias Sokemans, (Socmanni) Are such Tenants as hold their Lands by Soc∣cage Tenure; But, the Tenants in ancient De∣mean seem most properly to be called Socmans. Fitz. Nat. Br. fo. 14. b. Britton. ca. 66. n. 2.—Progenitores Simonis Bokeley omnia sua in Houcton per liberum Sokagium tunc tenebant, & quieti erant de Sectis Curiarum, Consuetudinibus, exactionibus & demandis. Lib.—S. Albani Tit. Houcton, ca. 1. The word Sokeman is found in the Statute of Wards and Relief, 28 Edw. 1.

Socna, (Sax. Socne) A Priviledge, Immu∣nity, Liberty or Franchise.—Volo, ut ipsi sint eorum Sacae & Socnae; Theolonei etiam & Teami (privilegiorum scilicet & jurium sic ap∣pellatorum) digni intra tempus & extra tempus, &c. Char. Canuti Regis, in Hist. Eccl. Cath. S. Pauli, fo. 189. See Soc.

Socome, signifies a Custom of grinding at the Lords Mill; And there is Bond-Socome, where the Tenants are bound to it, and Love-socome, where they do it freely out of love to their Lord.

Soke, (Anno 32 Hen. 8. ca. 15. & 20.) Sig∣nificat libertatem Curiae tenentium quam Socam appellamus. Fleta, lib. 1. ca. 47. Sect. Soke. Soka, hoc ect quod Prior habet sectam de homagiis suis ad Curiam suam, secundum communem consuetudinem regni Angliae. M. S. de libertat. Priorat. de Cokesford. Per Soke Will. Stanley in manerio suo de Knottesford clamat cognitionem Placitorum debiti, transgressionis, conventionis & detentionis infra summ. 40 sol. de aliis compacti∣bus quibuscunque sine brevi. Pl. in Itin. apud Cestriam, 14 Hen. 7. Soke, i. Aver Fraunche Court de ses homes. MS. See Soc.

Soken, (Soca.) See Soc and Hamsoken.

Sokereeve Seems to be the Lords Rent-ga∣therer in the Soke or Soken. Fleta, lib. 2. ca. 55.

Solda.—Pateat—quod nos Johannes Ro∣mayne senior de Leominstr. & Johannes Romayne junior de eadem remisimus—Johanni Meole vicario Ecclesiae de Wygemore Ricardo Bocerell Constabular. Castri de Wygemore, & Fouke Sprenge∣hose totum jus nostrum & clamium—in una Solda cum pertinenciis in Leominstr. scituata in alto vico inter Soldam quondam Ricardi Spicer & Soldam quae fuit Philippi Collinge, &c. Dat. 2. Octobre, 19 Ric. 2. It seems to be the same with Solila, a Shop, or Shed.

Solet & debet. See Debet & Solet.

Soletenant, (Solus tenens) Is he or she that holds onely in his or her own right, without any other joyned. For example, if a man and his wife hold land for their lives, the remainder to their Son; Here the man dying, the Lord shall not have Heriot, because he dies not sole-te∣nant, Kitchin, fo. 134.

Solicitor, (Solicitator,) Signifies a man employ'd to follow and take care of Sutes de∣depending in Courts of Law or Equity; for∣merly allowed only to Nobility, whose maenial servants they were; but now too commonly used by others to the great increase of Cham∣perty, and Maintenance and Damage of the People.

Solidata terrae. See Farding deal of Land. Solidata signifies also the pay or stipend of a Souldier. Et qui terram non habent & arma habere possunt, illuc veniant ad capiendum soli∣datas nostras. Breve Regis Johannis vicecomita∣tus Angliae. Anno 1213.

Solinus terrae, In Domesday Book contains two Plowlands, and sometimes less then a half; for there it is said Septem Solini terrae sunt, 17 Carucat.

Soller, or Solar, (Solarium) A Chamber, or upper room. Dedi—unam Shoppam cum Solario super aedificato. Ex vet. carta.

Solutione feodi militis Parliamenti, and Solutione feodi Burgen. Parliamenti, Are Writs whereby Knights of the Shire, and Burgesses may recover their allowance, if it be deny••d, Anno 35 Hen. 8. ca. 11.

Sommons. See Summons.

Sontage, Was a Tax of forty shillings laid upon every Knights Fee. Scow, pa. 284. In some places the word is used for course Cloth, as bagging for Hops, or the like. Systema A∣griculturae.

Sorcery, (Sortilegium) Witchcraft, or Di∣vination by Lots: which is Felony, by 1 Jac. ca. 12. Sortilegus, quia utitur sortibus in canta∣tionibus Daemonis. 3 Inst. fo. 44. Sorcery & devinal sont members de Heresy. Mirror, ca. 1. Sect. 5. Excepted out of the Act of General par∣don. 12 Car. 2. ca. 11.

Sothale, In Bracton, (Lib. 3. Tract. 2. ca. 1.) It is written Sothail, but both conceived to be mistaken for Scotale, which vide. Henrici au∣tem tercii aetate hoc sublatum esse constat ex Bra∣cton.

South-Uicont,—(sub-vicecomes) The under-Sheriff, Cromp. Jur. fo. 5.

Sown, Is a corruption from the Fr. Souve∣nu, i. Remembred; For the Stat. 4 Hen. 5. ca. 7. in the Original French, hath des Estreats nient souvenu, which, by turning the two single u v, into w, was first made Sowenu, afterwards Sown; which properly signifies remembred; And such Estreats and Casualties as are not to be remembred, run not in demand, that is, are not leviable. It is used as a word of art in the Exchequer, where, Estreats that sown not, are such as the Sheriff by his industry cannot get; and Estreats that sown, are such as he may ga∣ther. 4 Part, Inst. fo 107.

Speaker of the Parliament, Is an Officer in that High Court, who is, as it were the Com∣mon-Mouth of the rest, of which there are two,

one termed, The Lord Speaker of the House of Peers, who is most commonly the Lord Chance∣lor of England, or Lord Keeper of the Great Seal; the other, (being a Member of the House of Commons) is called the Speaker of the House of Commons. The duties of which two you have particularly described in a Book, Entituled, The Order and usage of keeping the Parliament. See Parliament.

Special matter in evidence. See General Iss••••, and Brooke, tit. General Issue, and Special Evidence.

Specialitas, A specialty, is usually taken for a Bond, Bill, or such like Instrument.—Pre∣sentatum fuit per Juratores—quod quidam Jo∣hannes de Pratis habuit quandam uxorem amica∣bilem de cujus specialitate, Willielmus, filius Hen∣rici Molendinarii, & similiter quidam alii male∣factores fuerunt; Ita quod predicti malefactores venerunt ad lectum ipsius Johannis, ubi jacebat, & ipsum traxerunt ab eadem, & ipsum abinde duxe∣runt & tenuerunt, dum praedictus Willielmus concubuit cum ea. Pl. coram Rege apud Ebor. Mich. 1 Ed. 3. Rot. 123. Here it seems to be used for special, or particular acquaintance.

Spinster.—Pollard miles & Judic. habuit 11 filios gladiis cinctos in tumulo suo, & totidem filias fusis depictas. Spelman in his Aspilogia, sayes—Antiquis temporibus ipsae Reginae fusis usae sunt, unde hodie omnes faeminae Spinsters dictae sunt. It is the Addition usually given to all unmarried Women, from the Viscounts Daughter downwards. Yet Sir Edward Coke sayes Generosa, is a good addition for a Gen∣tlewoman, and, if they be named Spinster in any Original Writ, Appeal, or Inditement, they may abate, and quash the same. 2 Inst. fo. 668.

Spiritualities of a Bishop, (Spiritualia Episcopi) Are those Profits which he receives, as he is a Bishop, and not as he is a Baron of the Parliament. (Stamf. Pl. Cor. fo. 132.) Such are the duties of his Visitation, his benefit growing from Ordaining and Instituting Priests, Prestation Money, that is, subsidium cha∣ritativum, which, upon reasonable cause, he may require of his Clergy, the benefit of his Jurisdiction, &c. Joachimus Stephanus de Ju∣risdict. lib. 4. ca. 14. num. 14.

Spittle-house, (mentioned in the Act for Subsidies, 15 Car. 2. ca. 9.) is a corruption from Hospital, and signifies the same thing; or, it may be taken from the Teutonic Spital, an Hospital, or Almes-house.

Spoliation, (Spoliatio) Is a Writ that lies for an Incumbent against another Incumbent, in case where the right of Patronage comes not in∣to debate. As if a Parson be made a Bishop, and has dispensation to keep his Rectory, and afterwards the Patron presents another to the Church, who is instituted and inducted; The Bishop shall have against this Incumbent a Writ of Spoliation in Court Christian. Fitz. Nat. Br. fo 36. See Benevolence.

Spullers of Yarn, (Anno 1 Mariae. Parl. 1. ca. 7.) Are tryers of Yarn, to see if it be well spun, and fit for the Loom.

Sqalley (Anno 43 Eliz. ca. 10.) See Rewey. It is a note of faltines in the making of Cloth.

Stablestand, (Stabilis statio, vel potius, stans in stabulo) is one of the four Evidences; or Presumptions, whereby a Man is convinced to intend the stealing the Kings Dear in the Fo∣rest. Manwood, Par. 2. ca. 18. num. 9. the other three are Dogdraw, Backbear, Bloudy-hand. This Stablestand is, when a Man is found at his standing in the Forest, with a Cross, or Long-Bow bent, ready to shoot at any Dear, or else standing close by a Tree with Greyhounds in a Lease, ready to slip.

Stagnarium. (Rectius Stannarium) A Tin∣mine. Rex, &c. Roberto de Curtenay: Conces∣simus Dominae Reginae matri nostrae Cuneum & Stagnarium Devon. ad se sustinendum. Paten. Anno 1 Hen. 3.

Stagnes, (Stagna) Ponds, Pools, or stand∣ing Waters.—mentioned, Anno 5 Eliz. ca. 21.

Stalboat, A kind of Fishers-boat. Anno 27 Eliz. ca. 21.

Stalkers, A kind of Fishing-Nets; men∣tioned Anno 13 Rich. 2. Stat. 1. ca. 20. & 17 ejusdem, ca. 9.

Stallage, (Stallagium) From the Sax. stal. i. Stabulum, statio) the liberty or right of pitch∣ing or erecting Stalls in Fair or Market, or the Money paid for the same. Quod si aliquis por∣taverit res suas ad forum & posuerit super Stallas, faciet redemptionem pro eis qualibet die Lunae, vel semel pro toto anno. Ex Registro Priorat. de Cokesford. See Scavage. In Scotland it is cal∣led Stallange, and among the Romans it was ter∣med Siliquaticum.

Standard. See Estandard.

Standel, Is a young store-Oake-tree, which may in time make Timber; twelve such are to be left standing in every Acre of Wood, at the felling thereof. Anno 35 Hen. 8. ca. 17. and 13 Eliz ca 25.

Stannaries, (Stannaria, from the Lat. Stannum, i. Tin,) Are the Mynes and Works where this Mettal is got and purify'd, as in Cornwal and elsewere. Of which read Cam. Brit. pa. 119. The liberties of the Stannary∣men, granted by Edward the First, before they were abridg'd by the Statute of 50 Edward the Third. See in Plowden, casu Mines, so. 327. and Cokes 12 Rep. fo. 9. And the liberties of the Stannary-Courts, see Anno 17 Car. 1. ca. 15.

Staple, (Stapulum) Signifies this or that Town or City, whether the Merchants of Eng∣land were by Act of Parliament to carry their Wool, Cloth, Lead, Tyn, and such like Staple Commodities of this Land, for the utterance of them by the great. The word comes from the Fr. Fstape, i. Forum vinarium, a Market, or Staple for Wines, which is the principal Com∣modity of France. And, in an old French Book, thus—A Calais y avoite Estape de la laine, &c i. The Staple for Wool. You may read of many places appointed for this Staple

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in our Statutes, according as the King thought fit to alter them, from 2 Ed. 3. ca. 9. to 5 Ed. 6. ca. 7 What Officers the Staples had belonging to them, you may see Anno 27 Ed. 3. Stat. 2. ca. 21. The Staple Commodities of this Realm are, Wool, Leather, Woolfel••, Lead, Tin, Butter, Cheese, Cloth, &c. as appeas by the Stat. 14 Ric. 2. ca. 1. though some allow onely the five first. See 4 Inst. fo. 238.

Star-chamber, (Camera stellata, Other∣wise called Chamber des Estoiels) Was a Cham∣ber at Westminster, so called, because at first all the roof thereof was decked with Images of gilded Stars. Anno 25 Hen. 8. ca. 1. It is written the Sterred Chamber. Henry the Seventh and Henry the Eighth ordained by two several Statutes, (viz. 3 Hen. 7. ca. 1. and 21 Hen. 8. ca. 2.) That the Chancelor, assisted by others there named, should have power to hear com∣plaints against Retainors, Embraceors, Misde∣meanors of Officers, and such other offences, which, through the power and countenance of such as did commit them, did lift up the head above other faults, and, for which, inferior Judges were not so meet to give correction, and the Common-Law had not sufficiently provided. And, because that place was before dedicated to the like service, it was still used accordingly. See Camden, pa. 112, 113. But, by the Stat. 17 Car. 1. ca. 10.) the Court commonly called the Star-Chamber, and all Jurisdiction, Power and Authority thereto belonging, &c. are, from and after 1 August, 1641, clearly and absolute∣ly dissolved, and determined.

Starling. See Sterling.

Statute, (Statutum) Has divers significati∣ons. First, it signifies an Act of Parliament made by the King and his three Estates of the Realm; in which sence it is either general or special. Coke, lib. 4. Hollands Case. Second∣ly, Statute is a short Writing, called a Statute-Merchant, or Statute-Staple, which are in the nature of Bonds, Anno 5 Hen. 4. ca. 12.) and are called Statutes, because made according to the form expresly provided in certain Statutes, which direct both before what persons, and in what manner they ought to be made. West, par. 1. Symbol. lib. 2. Sect. 151. defines a Statute-Merchant to be a Bond acknowledged before one of the Clerks of the Statutes-Merchant, and Mayor of the Staple, or chief Warden of the City of London, or two Merchants of the said City for that purpose assigned, or before the Mayor, chief Warden, or Mayor of other Cities or good Towns, or other sufficient Men for that purpose appointed; sealed with the seal of the Debtor, and of the King, which is of two peices, the greater is kept by the said Mayor, &c. and the less by the said Clerk. The form of which Bond Fleta, (lib. 2. ca. 64. Sect. 2.) thus delivers—Noverint universi me N. de tali Comitatu teneri M. in Centum Marcis, sol∣vendis eidem M. ad Festum Pent. Anno Regni Regis, &c. Et nisi fecero, concedo quod currant su∣per me & haeredes meos districtio & pena provisa in Statuto Domini Regis edito apud Westm. Datum London. tali die.—The Fee for the Seal is, for Statutes acknowledged in Fairs, for every pound a half penny, and out of Fairs a farthing. The execution upon Statute-Merchant is first to take the Body of the Debtor, if he be lay, and can be found, if not, his Lands and Goods; and is founded on the Statute 13 Ed. 1. Stat. 4. See New Book of Entries, verbo, Statute-Merchant.

Statute-Staple is either properly so called, or improperly; Properly, is a Bond of Record ac∣knowledged before the Mayor of the Staple, in the presence of one of the two Constables of the same Staple; The Fee for the Seal is, of every pound, (if the same exceed not 100 l.) a half-penny, and if it exceed 100 l. a far∣thing; By vertue of which Statute the Credi∣tor may forthwith have execution of the Body, Lands and Goods of the Debtor, and this is founded on the Statute 23 Ed. 3. ca. 9. A Sta∣tute-Staple improper, is a Bond of Record, founded upon the Statute 23 Hen. 8. ca. 6. of the nature of a proper Statute-Staple, as to the force and execution of it, and acknowledged be∣fore one of the Chief Justices, and in their ab∣sence before the Mayor of the Staple and Re∣corder of London. The forms of all which Bonds or Statutes see in Westm. Part 1. Symbol. lib. 2. Sect. 152—154, &c.

Statutes, Is also used in our vulgar Dis∣course, for the petite Sessions, which are yearly kept for the disposing of servants in service, by the Statute 5 Eliz. ca. 4. See Recognizance.

Statute-Sessions, Otherwise called Petty-Ses∣sions, are a meeting in every Hundred of all the Shires in England, where, by custom, they have been used, whereunto the Constables do repair, and others, both Housholders and Ser∣vants, for the debating of differences between Masters and their Servants, the rating of Ser∣vants Wages, and the bestowing such People in service, as being fit to serve, either refuse to seek, or cannot get Masters, Anno 1 Eliz. ca. 4.

Statuto Stapulae, Is a Writ, that lies to take his Body to Prison, and to seise upon his Lands and Goods who hath forfeited the Bond, called Statute-Staple. Reg. of Writs, fo. 151.

Statutum de laboraiis, Is a Writ Judi∣cial, for the apprehending such Labourers, as refuse to work according to the Statute. Reg. Judic. fo. 27. b.

Statutum mercatorium, Is a Writ for the Imprisoning him, that has forfeited a Bond cal∣led Statute-Merchant, untill the Debt be satis∣fied. Reg. of Writs, fo. 146. b. and of these there is one against Lay-persons, another against Ecclesiastical.

Stemnifreoch,—Nec non libertate multurae suae in molendixo ipsius Roberti, &c. quod sint Stemnefreoch & Cholfreoch. Mon. Angl. 2 Par. fo. 293. b. quaere.

Stennerie, Is used for the same with Stan∣neries in the Statute 4 Hen. 8. ca. 8. See Stan∣neries.

Sterbrech, alias Strebrech, Is the break∣ing, obstruction, or diminution of a way, or the

turning it out of its right course; from the old English word Stre, i. Via, and Brech, fractio, violatio; hence to go astrey, or as we now write it stray, i. To go out of the way. Strebrech 100 sol. omendet. Leg. Hen. 1. ca. 81. Strebrech est, si quis viam frangat, concluden∣do, vel avertendo, vel fodiendo. MS.

Sterling, (Sterlingum, and in old Records Sterilensis) Was the ancient Epitheton for mo∣ney (properly of Silver) currant in this Realm; Stat. of Purveyors, ca. 13. and took name from this, that there was a certain pure Coyn, stamped first in England by the Easter∣lings, or Merchants of East-Germany, by the command of King John. Accordingly Hove∣den writes it Esterling: And, in several old Deeds I have seen vint livres d'Esterlinges. By the Stat. 31 Ed. 1. the Peny, which is called the Sterling, round, and without clipping, weighes 32 graines of Wheat, well dryed, and twenty pence make an ounce, and twelve ounces a pound, and eight pound a Gallon of Wine, and eight Gallons a Bushel, which is the eighth part of a Quarter.—The word Sterling is now much disused, in stead of five pound sterling; we say five pound of currant, or lawful English Money. See more of this word in the Sax. dict. verbo, Steoran.

Stews, or Stues, Are those places, which were permitted in England to Women of pro∣fessed incontinency, for the profer of their bo∣dies to all comers; and is derived from the Fr. Estuves, (i. Thermae, Balneum) because wan∣tons are wont to prepare themselves for vene∣reous acts, by bathing; And, that this is not new, Homer shews in the eighth Book of his Odyss. where he reckons Hot Bathes among the effemi∣nate sort of pleasures. See the Statute of 11 Hen. 6. ca. 1.—Henry the Eighth about the year 1546, forbad them for ever.

Steward, (Senescallus) Is compounded of the Sax. Steda, i. Room, Place or Stead, and Ward, as much as to say, a man appointed in my place or stead; and hath many applications, yet alwayes signifies an Officer of chief account within his Jurisdiction. The greatest of these is the Lord High-Steward of England, which was anciently the inheritance of the Earls of Leice∣ster, till forfeited to Henry the Third by Simon de Mountfort; but, the power of this Officer being very great, of late he has not usually been appointed for any long time, but onely for the dispatch of some special business, at the Arraign∣ment of some Noble-man in case of Treason, or such like, which once ended, his Commission expires. Of the High-Steward of Englands Court you may read 4 Inst. fo. 59. Then is there the Steward of the Kings Houshold, An∣no 24 Hen. 8. ca. 13. whose name was changed to that of Great-Master, Anno 32 ejusdem, ca. 39. But, this Statute was repealed by 1 Mar. 2 Parl. ca. 4. and the Office of Lord Steward of the Kings Houshold revived, where you may read much of his Office; as also in Fitz. Nat. Br. fo. 241. b. Of this Officers ancient power read Fleta, lib. 2. ca. 3. This wordis of so great diversity, that there is in many Corpora∣tions, and in all houses of Honour, throughout the Realm, an Officer of this name and authori∣ty. What a Steward of a Mannor or Houshold is, or ought to be, Fleta fully describes, lib. 2. ca. 71, & 72. Though Senescallus be now the usual Latin for Steward, yet I have seen a Co∣py of Court-Roll of Mardyn in Herefordshire, (17 Edw. 4.) concluding thus,—Et huic Copiae sigillum Locumtenentis est appensum.

Stilyard, (Guild-halda Teutonicorum) An∣no 19 Hen. 7. ca. 23.—22 Hen. 8. ca. 8. and 32 ejusdem, ca. 14.) Was a place in London, where the fraternity of the Easterling-Mer∣chants, otherwise called the Merchants of Hawnse and Almain, (Anno 1 Edw. 6. ca. 13.) had their abode. See Geld. It was so called of a broad place or Court, wherein Steel was much sold, upon which place that House was founded. See Hawnse.

Stoc and Stovel,—Praeterea si homines de Stanhal dicti Abbatis inventi fuerint in bosco prae∣dicti W. cum forisfacto ad Stoc & ad Stovel, (al. Stovene) & aliquis quaerens corporaliter in terram per eos seisa fuerit, malefacto pro delicto, qui taliter inventus est, reddet tres solidos—Si∣militer concessum est, quod si aliquis inventus fue∣rit cum branchiis quercuum, vel cum aliis minutis boscis, cum forisfacto illo ad Stoc & ad Stovel, malefactor ille reddet sex denarios. E quadam Carta conventionum inter Will. de Bray & Abbat. & Conv. de Osiney. See Zuche.

Stockikind. See Gavelkind.

Stotall.—Also moreover we have granted, in amendment of the City, that they bin all quit of Bryztchel, of Childwit, Zeresgen, and of Stotall; So that no She∣riff of London, neither none other Bayly, make Stotal in the Francheis aforesaid, &c. This I find in an old Printed Book, which delivers it (inter al.) As the Charter of Hen. 1. to the City of London; but, the word is with∣out doubt mistaken for Scotale.

Stone of wool, (petra lanae, Anno 11 Hen. 7. ca. 4.) Ought to weigh fourteen pounds, yet in some places by Custom it is more, and in some places it is but twelve pounds and a half. Le Charre de plumbo constat ex 30 formellis & quaelibet formella continet 6 petras exceptis dua∣bus libris, & quaelibet Petra constat ex 12 libris. Compositio de ponderibus. A Stone of Wax is eight pound. And, at London, the Stone of Beef is no more. See Weights and Sarpler.

Stovene. See Zuche.

Stowage, (From the Sax. stow. Locus,) Is the Room or place where Goods are laid, or the money that is paid for such place.

Straits or Streits (Anno 18 Hen. 6. cap. 16. and 1 Rich. 3. cap. 8.) A sort of narrow, Course Cloth, or Kersey, anoiently so called.

Stranded (from the Sax. Strand, i. A Shore or Bank of the Sea, or great River) Is when a Ship is by tempest, or ill steerage run on Ground, and so perishes. Stat. 17. Car. 1. cap. 14. See Strond.

Stray. i. Si aliquod animal casu erraverit, & infra libertatem Prioris advenerit, & a Ballivis ejus captus fuerit, ducetur ad Pynfoldam, & ibi servabitur per unum annum & unum diem; si nemo illud clamaverit infra illud tempus, erit Priori: Si autem venerit quis & legitime pro∣baverit illud esse suum, dabit pro quolibet pede unum denarium, & solvet expensas quae factae fucrant, & rehabebit bestiam suam. Ex Regi str o Priorat. de Cokesford, see Estray.

Stranger (Fr. Estrangi••r) Signifies gene∣rally a Man born out of the Realm, or unknown; but in Law it hath a special signification for him that is not privy, or party to an Act: As a Stranger to a Judgment, (Old Nat. Br. fol. 128.) is he to whom a Judgment does not belong, and herein it is directly contrary to party or privy. See Privy.

Stream-works (Anno 27 Hen. 8. cap. 23) Is a kinde of work in the Stanneries. Of these Mines or Tinworks (says Camden in his Britan. fol. 184.) there are two kindes; the one called Lodeworks, the other Stream-works: This lies in lower Grounds, when by Trenching they follow the Veins of Tin, and turn aside now and then, the streams of Water coming in their way: The other is in higher places, when upon the Hills they dig very deep Pits, which they call Shafts, and undermine.

Stréetgavel or Stretgavel, i. Quilibet tenens in Manerio de Cholinton dabit 2 s. pro itu & reditu. MS. de temp. E. 1. Every Tenant of that Mannor (in Com. Sussex) paid yearly 2 s. (for his going out, and returning into it) to the Lord of the Mannor, by the name of Stret∣gavel. Mich. 4 Edw. 1. Coram Rege. Antiquity of Pourveyance, fol. 222.

Strip (Strepitus) Destruction, Mutilation; from the Fr. Estropier, i. Mutilars, detruncare radicitus—Strepitum & vastum facere, i. To make Strip and Waste, or Strop and Waste. See Estreapment.

Streteward. Per Streteward Johannes Stanley Ar. clamat quod Scrvientes pacis & Ministri sui in fra Feodum de Aldford capere de∣bent de qualibet fuga catallorum iv d. Rot. Pla. in Itinere apud Cestriam 14 H. 7. See Marketzeld.

Strond (Sax) A Shore or Bank of the Sea or great River. Ricardus Rex—Notum faci∣mus vobis nos concessisse—Deo & Sancto Albano Ecclesiae suae Sancti Oswyni de Tynemuth, Cellae S. Albani & Monachis ibidem Deo servientibus omnes terras suas & omnes homines suos, cum Sacha, Soca, Over Strond & Streme, on Wode & Felde, Toll, Them, & Grithburg, Ham∣socne, Murdrum & Forestal, Danegeld, Infange∣nethef, & Utfangenethef, Flemnensfrenieth, Blodwit, Wrec, &c. Dat. 4 Nov. Anno 1 Regni nostri apud Cant. On Stronde et Streame, on Wde et Feld.—Voces Anglicae veteres, & in antiquioris avi Chartis crebro repertae; Pri∣vilegium sapiunt, seu potius privilegii latitudi∣nem sive amplitudinem, & sic Latine Iegantur, in litore, in fluvio, in sylva & Campo. Gloss. in. x Scriptores.

Strumpet (Meretrix) Was heretofore used for an Addition.—Jur. praesent, &c. Quod Johannes le Maynwarynge de Whatcroft de Cum. Cestriae Esq Laurentius le Waren de Daven∣ham Esq &c. Hugo de Sondebache Yoman, Hopkin, Norman de Com. Cestr. Husband-Knave, Willielmus le Birchewode de Clyve-Knave, cum plurimis aliis, & Agnes Cawes de Medio Wico de Comitatu Cestr. Strumpet.—Tali die do∣mum Ranulphi Madock vi & armis—fregerunt, &c. Pla. apud Cestriam 6 Hen. 5. m. 2. in dorso.

Stud—Libere vendendi & emendi, tam in Cestria, quam in Comitatu & Wycis, ubi non fuit Lexulla, omnia fine Toll & Stud, praeter sal & equos, &c. Mon. Angl. 2 Par. fol. 187. b. It is probable this is the same, which is els∣where written Stuth.

Stuth,—Per Stuth clamat esse quiet. de exactione pecuniae a singulis villis—Per Vicecom. Comitat. Cestriae. Pl. in Itin. ibid. 14 Hen. 7.

Submarshal (Submarescallus) Is an Officer in the Marshalsea, who is Deputy to the Cheif Marshal of the Kings-house, commonly called the Knight Marshal, and hath the custody of the Prisoners there. Cromp. Jurisd. fol. 104. He is otherwise called Under Marshal.

Subornation (Subornatio) A secret or un∣derhand preparing, instructing, or bringing in a false witness; or corrupting or alluring un∣to leudness. Hence Subornation of Perjury (mentioned in the Act of General Pardon. 12 Car. 2. cap. 8.) is the preparing, bringing in or alluring unto Perjury. Subornation of Witnesses. 32 Hen. 8. cap. 9.—3 Part. Instit. fol. 167.

Subpaena, Is a Writ whereby common persons are called into Chancery, in such Case onely, where the Common Law fails, and hath not provided: So as the party, who, in equity hath wrong, can have no ordinary re∣medy by the Rules and course of the Common Law; many examples whereof you may read in West, Par. 2. Symbol. tit. Proceedings in Chan∣cery, sect. 18. But Peers of the Realm in such Cases are called by the Lord Chancellors Let∣ter, giving notice of the Sute intended against them, and requiring them to appear. There is also Subpaena ad Testificandum, which lies for the calling in of Witnesses to testifie in any Cause, as well in Chancery as other Courts. And the name of both proceeds from words in the Writ, which charge the party called to appear, at the day and place assigned, Sub paena Centum librarum, &c. Cromp. Jurisd. fol. 33. Anno 15 Hen. 6. cap. 4.

Subsidium Cathedraticum. See Cathe∣dratic.

Subsidy (Subsidium) Signifies an Aid, Tax, or Tribute, granted by Parliament to the King, for the urgent occasions of the Kingdom, to be levied of every Subject of ability, most com∣monly after the rate of 4 s. in the pound for Land, and 2 s, 8 d, for Goods.

I Do not finde, that the Saxon Kings had any Subsidies collected after the manner of those this day; but they had many Customs whereby

they levied Money of the people, or personal ser∣vice toward the building and repairing of Cities, Castles, Bridges, Military Expeditions, &c. which they called Burgbote, Brigbote, Herefare, Heregeld, &c. But, when the Danes oppressed the Land, King Egelredus in the year 1007 yield∣ed to pay them for redemption of Peace 10000 l. which after was increased to 36000 l, then to 113000 l, and at last to a yearly tribute of 48000 l. This was called Danegeld, i. Danica solutio. And, for levying it; every Hide of land, that is, every Plough-land was cessed 12 d. yearly, the Church-lands excepted; and thereupon it was af∣ter called Hydagium, which name remained af∣terward upon all Taxes and Subsidies imposed up∣on Lands; for, sometimes it was imposed upon Cattel, and was then called Hornegeld. The Normans called both these sometimes, according to the Latin and Greek word Taxes, sometimes, ac∣cording to their own language Tallagium, of ta∣lier, to cut or divide; And sometimes, according to the word usual beyond the Seas, auxilia & sub∣sidia. The Conqueror had these kind of Taxes or Tallages, and made a Law for the manner of le∣vying them, as appears in Emendationibus ejus, pa. 125. Sect. volumus & hoc firmiter, &c. After the Conquest these Subsidies seem to have been granted in other manner then now they are; as, every ninth Lamb, every ninth Fleece, and eve∣ry ninth Sheaf, Anno 14 Edw. 3. Stat. 1. ca. 20. Of which you may see great variety in Rastals Abr. Tit. Taxes, Tenthes, Fifteenths, Subsidies, &c. and 4 Inst. fo. 28. & 33. whence you may conclude there is no certain rate, but as the Par∣liament shall think fit. Subsidy is, in our Sta∣tutes, sometimes confounded with Custome. An∣no 11 Hen. 4. ca. 7. See Benevolence, and 15 Car. 2. ca. 7.

Sucking. Per Sucking, hoc est fore quiet de illis amerciamentis quando le Burlimen, id est, supervisores del Ringyord, id est Clausur. quae vo∣cat. le Chiminfildes vel common Medows, & praemonit. fuerint ad imparcand. & faciend. clau∣suras illas simul cum vicinis suis, ille qui non ve∣nit ad talem praemonitionem amerciatus erit ad pretium unius vomeris, Anglice a Suck, prae∣tii quatuor denar. & hoc quotiescunque praemonit. non venerit. Pla. in Itin. apud Cestriam, 14 Hen. 7.

Surety of peace, (Securitas pacis, so called, because the party that was in fear is thereby se∣cured) Is an acknowledging a Bond to the Prince, taken by a competent Judge of Re∣cord, for the keeping of the Peace. This peace a Justice of Peace may command, either as a Minister, when he is willed so to do by a high∣er Authority, or as a Judge, when he does it of his own power, derived from his Commission. Of both these see Lamb. Eiren. lib. 2. ca. 2. pa. 77. See Peace and Supplicavit. It differs from Surety of good abearing in this, that whereas the Peace is not broken without an affray, bat∣tery, or such like; Surety de bono gestu may be broken by the number of a mans company, his Weapons or Harness.

Suffragan, (Suffragnus) Is a titular Bi∣shop, ordam'd to assist the Bishop of the Dio∣cess in his Spiritual Function. Sir Edw. Coke, (2 Inst. fo. 79.) calls him a Bishops Vice-ge∣rent.—Dicuntur (Episcopi) qui Archiepis∣copo suffragari & assistere tenentur, sayes Spel∣man. Et Suffraganei dicuntur, quia eorum suf∣fragiis causae Ecclesiasticae judicantur. It was en∣acted, (Anno 26 Hen. 8. ca. 14.) that it should be lawful for every Diocesan at his pleasure to elect two honest and discreet Spiritual persons within his Diocess, and to present them to the King, that he might give the one of them such Title, Stile, Name and Dignity of such of the Sees in the said Statute specify'd, as he should think convenient, &c. and that every such per∣son shall be called Bishop Suffragan of the same See, &c. Cam. in his Britan. Tit. Kent. speaking of the Arch-bishop of Canterburies Suffragans, sayes, When the Arch-bishop is busied in weightier Affairs, they manage for him matters that pertain to Orders onely, and not to the Episcopal Jurisdiction.

Suite, or Sute, (Secta) Fr. Suite, i. Con∣secutio, sequela) Signifies a following another, but in divers sences; the first is a Sute in Law, and is divided into sute real and personal, which is all one with Action real and personal. 2. Sute of Court, or Sute-service, is an attendance which a Tenant owes to the Court of his Lord, (An∣no 7 Hen. 7. ca. 2.) 3. Sute-Covenant, is, when your Ancestor has Covenanted with mine to su•• to his Court. 4. Sute-Custome, when I and my Ancestors have been seised of your and your Ancestors Sute time out of minde. 5. Sute∣real, or regal, when men come to the Sheriffs Turn, or L••et,. 6. Sute signifies the following one in Chase, as fresh-sute, Westm. 1. ca. 46. Lastly, it signifies a Petition made to the King, or any great person.

Suite of the Kings Peace, (Secta pacis Regis) Is the pursuing a man for breach of the Kings Peace, by Treasons, Insurrections, or Trespasses, Anno 6 Rich. 2. Stat. 2. ca. 1. and 27 ejusdem, ca. 15. & 5 Hen. 4. ca. 15.

Suit-silver. See Sute-silver.

Suling. See Swoling.

Summage. See Sumage, & Seme.

Sumage, or Summage, (Sumagium & Summagium, a Horscload) Toll for carriage on Horseback. Cromp. Jur. fo. 91. Forestarius capiat—pro uno equo qui portat summagium, per dimidium anni obolum.—Charta de Fo∣resta, cap. ante-penult, & Char. Edw. 1. num. 17.

Summoneas, Is a Writ Judicial of great diversity, according to the divers cases where∣in it is used; which see in the Table of the Reg. judicial.

Summoner, (Summonitor) Is a small Offi∣cer that calls or cites men to any Court; These ought to be boni homines, that is in Fleta's Judgment, liberi homines, & ideo boni, quia ter∣ras tenentes, quod sint coram talibus Justiciariis ad certos diem & locum, secundum mandatum Justi∣ciariorum vicecomiti directum, parati inde faceri recognitionem, lib. 4. ca. 5.

Summons, (Summonitio) Signifies with us, as much as vocatio in jus, or Citatio among the Civilians; and thence is our word Sumner, which in French is Somoneur, (i. Vocator, Moni∣tor.) Summons of the Exchequer, Anno 3 Edw. 1. ca. 19. How Summons is divided, and what circumstances it has to be observed. See Fleta, lib. 6. ca. 6, 7.

Summons in terra petita, (Kitchin, fo. 286.) Is that Summons which is made upon the land, which the party (at whose Sute the Sum∣mons is sent forth) seeks to have.

Summons ad Warrantizandum, (Dyer, fo. 69 nu. 35.) Summoneas ad warrantizan∣dum, Is the Process whereby the vouchee is cal∣led. See Coke on Litt. fo. 101. b.

Sumptuary Laws, Are Laws made to re∣strain excess in Apparel, and prohibit costly Cloaths, of which we have anciently had many in England, but all repealed, Anno 1 Jac. See 3 Inst. fo. 199.

Super institution, (Super institutio) One Institution upon another, as where A. is ad∣mitted and instituted to a Benefice upon one Title, and B. is admitted, instituted, &c. by the presentment of another. See Hutchins Case in Crokes Rep. 2 Par. fo. 463.

Superoneratione pasturae, Is a Writ Ju∣dicial that lies against him, who is impleaded in the County, for the over-burdening a Com∣mon with his Cattel, in case where he was for∣merly impleaded for it in the County, and the Cause is removed into the Kings Court at Westm.

Super praerogativa Regis, Is a Writ which lay against the Kings Widdow, for Mar∣rying without his Licence. Fitz. Nat. Br. fo. 173.

Supersedeas, Is a Writ, which lies in di∣vers cases, and signifies in general a Command to stay or forbear the doing of that which ought not to be done, or, in appearance of Law, were to be done, were it not for the cause whereon the Writ is granted. For example, a man re∣gularly is to have surety of Peace against him, of whom he will Swear he is afraid, and the Justice, (if required) cannot deny it; yet, if the party be formerly bound to the Peace, ei∣ther in Chancery, or elsewhere, this Writ lies to stay the Justice from doing that, which other∣wise he might not refuse. See the Table of the Reg. of Writs, and Fitz. Nat. Br. fo. 236. for preventing the superseding Executions. See the Statute 16 & 17 Car. 2. ca. 8.

Super Statuto Edw. 3. versus Servants and Labourers, Is a Writ that lies against him, who keeps my Servants departed out of my service against Law. Fitz. Nat. Br. fo. 167.

Super Statuto de York, quo nul serra vi∣teller, &c. Is a Writ lying against him, that uses Victualling, either in Gross, or by Retail, in a City, or Borough-Town, during the time he is Mayor, &c. Fitz. Nat. Br. fo. 172.

Super Statuto, 1 Edw. 3. ca. 12 and 13. is a Writ that lay against the Kings Tenant hold∣ing in Chief, who alienated the Kings Land without his Licence. Fitz. Nat. Br. fo. 175.

Super Statuto facto pour Seneshal & Marshal de Roy, &c. Is a Writ lying against the Steward or Marshal, for holding Plee in his Court of Freehold, or for trespass, or con∣tracts, not made within the Kings houshold. Fitz. Nat. Br. fo. 241.

Super Statuto de articulis Cleri, ca. 6. Is a Writ against the Sheriff, or other Officer, that distrains in the Kings High-way, or in the Glebeland, anciently given to Rectories. Fitz. Nat. Br. fo. 173.

Supervisor, (Lat.) A Surveyor, or Over∣seer: It was anciently, and still is a Custome among some, especially of the better sort, to make a Supervisor of a Will; an Office or Ti∣tle (as it is now carelesly executed) to little purpose, and of as little use; however the in∣tendment may be good, viz. That he should su∣pervise the Executors, and see the Testators will punctually performed.

Supervisor of High-wayes, (Anno 5 Eliz. ca. 13.) Is otherwise called Surveyor. See Surveyor.

Supplicavit, Is a Writ issuing out of the Chancery, for taking the surety of Peace against a Man; It is directed to the Justices of Peace and Sheriff of the County, and is grounded up∣on the Statute 1 Edw. 3. ca. 16. which ordains, that certain persons shall be assigned by the Chancellor to take care of the peace. See Fitz. Nat. Brev. fo. 80. This Writ was of old called Breve de minis, as Lam. in his Eiren. notes out of Reg. of Writs, fo. 88.

Sur cui in vita, Is a Writ that lies for the heir of that Woman, whose Husband has alie∣nated her Land in Fee, and she brings not the Writ Cui in vita, for the recovery of her own Land; in this case her heir may have this Writ against the Tenant after her decease. Fitz. Nat. Br. fo. 193.

Surcharge of the Forest, (Superoneratio Forestae) Is, when a Commoner puts on more Beasts in the Forest, than he has right unto. Manwood, Par. 2. ca. 14. nu. 7. and is taken from the Writ De secunda superoneratione pa∣sturae in the same sence, when the Commoner surchargeth. 3 Inst. fo. 293.

Surplusage, (Fr. Surplus, i. Corollarium, ad∣ditamentum) Signifies a superfluity, or additi∣on more than needs, which sometimes is a cause that a Writ abates. Brooke, tit. Nugation & Su∣perfluity, fo. 100. Plowden, Casu, Dives con∣tra Maningham, fo. 63. b. It is sometime also apply'd to matter of account, and signifies a greater disbursment, than the Charge of the Ac∣countant amounts unto: Satisfaciant in omni∣bus quod conjunctum fuerit per praedictum com∣putum inter eos de surplusagio recepto de averiis venditis, &c. Ordinatio de marisco Romenei∣ensi. Pa. 38.

Surrejoynder, Is a second defence of the Plaintiffs Action, opposite to the Defendants Rejoynder. West, Part 2. Symbol. tit. Supplica∣tions.

Sect. 57. And therefore Hotoman calls it Triplicationem, quae est secunda Actoris de∣fenfio, contra Rei duplicationem appusita.

Surrebutter, A second Rebutter, or a Rebutting more then once. See Rebutter.

Surrender (Sursum redditio) Is an Instru∣ment in Writing, testifying with apt words, that the particular Tenant of Lands, or Tene∣ments for Life or Years, does sufficiently con∣sent and agree, that he, who hath the next or immediate Remainder or Reversion thereof, shall also have the present estate of the same in Possession, and that he yields and gives up the same unto him: For every Surrender ought forthwith to give a possession of the thing sur∣rendred. West, Par. 1. lib. 2. sect. 503. where you may see divers Presidents. And a Sur∣render may be of Letters Patent to the King, to the end he may grant the estate to whom he pleaseth. But there may be a Surrender with∣out writing; and therefore there is said to be a Surrender in Deed, and a Surrender in Law: The first is that which is really and sensibly per∣formed; the other is, in intendment of Law, by way of consequent, and not actual. Perkins, Surrender, fol. 60•• As, if a Man have a Lease of a Farm, and during the term, he accept of a new Lease, this Act is in Law, a Surrender of the former. Coke 6 Rep. fol. 11. b. There is also a Customary Surrender of Copihold Lands, for which see Coke on Littl. sect. 74.

Surrogate (Surrogatus) One that is sub∣stituted or appointed in the room of another, most commonly of a Bishop, or the Bishops Chancellor.

Sursise (Supersisae) Seems to be an especial name used in the Castle of Dover, for such Penalties and Forfeitures, as are laid upon those that pay not their Duties or Rent for Castleward at their days. Anno 32 Hen. 8. cap. 48. Bracton hath it in a general signification. Lib. 5. tract. 3. cap. 1. num. 8. and Fleta, lib. 6. cap. 3.

Surveyor (Supervisor) Is compounded of two French words, Sur, i. Super, and Veois, i. Cernere, intueri) Signifies one that hath the over-seeing, or care of some great persons Lands or Works. As the Surveyor-General of the Kings Mannors. Cromp Jurisd. fol. 106. And, in this signification, it is taken Anno 33 Hen. 8. cap. 39. where there is a Court of Sur∣veyors erected.

Surveyor of the Kings Exchange (An. 9 Hen. 5. stat. 2. cap. 4.) Was an Officer, whose name seems in these days to be changed into some other; or the Office it self (being very ancient, legal, and profitable for the Common∣wealth) disused.

Survivor (from the Fr. Survivre, i. Super∣esse) Signifies the longer liver of two Joynt∣tenants. See Brook, tit. Joynt-tenants, fol. 33. or of any two joyned in the right of any thing.

Suskin. See Galli halfpence.

Suspense or Suspension (Suspensio) Is a Temporal stop or hanging up, as it were, of a Mans right; as when a Seignory, Rent, &c. by reason of the Unity of Possession thereof; and of the Land, out of which they issue, are not in esse for a time, & tunc dormiunt, but may be revived or awaked, and differs from Extinguish∣ment, which dies for ever. Coke on Littl lib. 3. cap. 10. sect. 559. Brook, tit. Extinguishment and Suspension, fol. 314. Suspension, Is also sometimes used by us, as it is in the Cannon Law, Pro minori Excommunicatione, Anno 24 Hen. 8. cap. 12.

Suspiral (from the Lat. Suspirare, ••i. Du∣cere suspiria) Seems to be a Spring of Water, passing under the Ground toward a Conduit or Cistern Anno 35 Hen. 8. cap. 10.

Sute. See Suite.

Sute-silver, Is a small Rent or sum of Money, which, if paid, does excuse the Free∣holders from their appearance at the Court Barons within the Honor of Clun in Shrop∣shire.

Swan-heard. See Kings Swan-heard.

Swanimote or Swainmote (Swainmotus) From the Sax. swang, i. (as we now call our Rusticks) A Countrey Swain, a Boclandman, A Freeholder, and gemote, i. Conventus; (the Sax. g, being usually turned into i or y) signifies a Court touching matters of the Forest, kept by the Charter of the Forest thrice in the year, before the Verderors, as Judges. Anno 3 Hen. 8. cap. 18. What things are inquirable in the same you may read in Cromp. Jurisd. fol. 180. And is as incident to a Forest, as a Court of P••e powder to a Fair. See Lamberts Explication of Saxon words, verbo, Conventus.—Nul∣lum Swainmotum de caetero teneatur in Regno nostro, nisi ter in Anno, viz. In Principio quin∣decim dierum ante Festum Sancti Michael. &c. Circa Festum S. Martini, & initio quindecim dierum ante Festum Sancti Johannis Baptistae, &c. Charta de Foresta tam Regis Johan. quam Hen. 3. cap. 9. See 4 Inst. fol. 289.

Swarff-money. The Swarff-money is one penny half-penny, it must be paid before the rising of the Sun, the party must go thrice about the Cross, and say the Swarff∣money, and then take witness, and lay it in the hole; and when ye have so done, look well that your witness do not deceive you; for if it be not paid, ye give a great forfeiture xxx s. and a White Bull. This Exposition was found in an old MS. containing the Rents due to the Catesbies in Lodbroke, and other places in Warwickshire. But conceived to be mistaken for, or to signifie the same with Warth-money. See Ward-penny.

Swepage. (Coke on Littl. fol. 4. b.) Is the crop of Hay got in a Meadow, called also the Swepe in some parts of England.

Swoling or Suling of Land (Sulinga, Solinga, vel Swolinga terrae), Sax. Sulung, from sul vel sulh, i. Aratrum, as to this day in our Western Parts, a Plough is called a Sul, and a Plough-staff, a Sul-paddle) Is the same with Carucata terrae, that is, as much as one Plough can Till in a year; a Hide of Land,

others say it is Quantitas incerta.—Dedit ctiam idem inclitus Rex Willielmus (Conquestor) cidem Ecclesiae de Bello in Cantia, Regale Ma∣nerium, quod vocatur Wy, cum omnibus appendi∣ciis suis septem Swolingarum, id est, Hidarum, ex sua Dominica Corona, cum omnibus libertatibus, & regalibus consuetudinibus, &c. Rentale MS. de Wy tempore Ven. Patr. Tho. Ludlowe Ab∣batis, fol. 1.—Terram trium aratrorum, quam Cantiani Anglice dicunt Thrée Swolings. Carta pervetusta Eccles. Cantuar. de qua vide Somne••rum in Antiquitat. loci, pag. 211.

Syb and Som (Sax.) Pax & securitas.—Eallum Cristenum Mannum syb & som gemene. id est,—Omnibus Christianis Pax & securitas communis esto. LL. Eccles. Canuti Regis, cap. 17.

Sylva Caedua (Lat.) Wood under Twenty years growth: Coppice-wood. See the Stat. 45 Edw. 3. cap. 3. It is otherwise called Subbois. 2 Inst. fol. 642.

Synod (Synodus) A Meeting or Assembly of Ecclesiastical Persons for the Cause of Re∣ligion; of which, there are four kindes. 1. A General, Occumenical, or Universal Synod or Council, where Bishops, &c. of all Nations meet. 2. National Synod, where those of one onely Nation meet. 3. A Provincial Synod, where Ecclesiastical Persons of one onely Pro∣vince meet. 4. Diocesan Synod, where those of but one Diocess meet. See Convocation: Which is the same thing with a Synod; this being a Greek, that a Latin word.

Synodal (Synodale) Is a Cense or Tribute in Money paid to the Bishop, or Arch-deacon by the Inferior Clergy at Easter Visitation; and it is called Synodale or Synodaticum, Quia in Synodo frequentius dabatur. The Impropria∣tion of Derehurt in Com. Gloc. pays yearly vii s. ix d. Pro Synodalibus & Procurationibus. Pat. 20 July, 34 Hen. 8.—Et quod sint quieti a Synodalibus, & ab omni Episcopali consuetu∣dine, excepto denario Beati Petri. Mon. Angl. 2 Par. fol. 276. b. See Historical Discourse of Procurations and Synodals, pag. 66. & 98. These are called otherwise Synodies in the Statute of 34 Hen. 8. cap. 16. Yet in the Statute of 25 Hen. 8. cap. 19. Synodals Provincial seem to signifie the Canons or Constitutions of a Provincial Synod. And sometimes Synodale is used for the Synod it self.

T.

T. Every Person convict of any other Felony (save Murder) and admitted to the benefit of his Clergy, shall be marked with a T. upon the Brawn of the Left Thumb. Anno 4 Hen. 7. cap. 13.

Tabellion (Tabellio) A Notary Publick or Serivener, allowed by Authority to Engross and Register private Contracts and Obligati∣ons: His Office in some Countreys did former∣ly differ from that of Notary, but now they are grown, or made one. Quoniam Tabellionum usus in Regno Angliae non habetur, propter quod magis ad Sigilla authentica credi est necesse, ut eorum copia facilius habeatur, statuimus ut Sigil∣lum habeant non solum Archiepiscopi & Episcopi, sed eorum Officiales. Matth. Paris, fol. 454. de Anno 1236.

Tabling of Fines, Is the making a Table for every County where His Majesties Writ runs, containing the Contents of every Fine, passed in any one Term, as the name of the County, Towns, and places, wherein the Lands or Tenements lie, the name of the Demandant and Deforceant, and of every Mannor named in the Fine. This is properly to be done by the Chirographer of Fines of the Common Pleas, who every day of the next Term, after the in∣grossing any such Fine, does fix every of the said Tables, in some open place of the said Court, during its sitting. And the said Chiro∣grapher is to deliver to the Sheriff of every County, his Under-Sheriff or Deputy, fair written in Parchment, a perfect content of the Table, so made for that Shire in the Term next before the Assizes, or else between the Term, and the Assizes, to be set up every day of the next Assizes in some open place of the Court, where the Justices sit, to continue there so long as they shall sit, &c. If either the Chirographer or Sheriff fail herein, he forfeits 5 l. And the Chirographers Fee for every such Tabling is 4 d. Anno 23 Eliz. cap. 3.

Tail (Fr. Taille, i. Sectura) Signisies two things grounded upon one reason. (Plowden, Ca∣su Willion. fol. 251.) First, it is used for the Fee, which is opposite to Fee-simple, by reason it is so minced (as it were) or pared, that it is not in the owners free power to dispose, but is by the first giver cut or divided from all others, and tied to the issue of the Donee. Coke, lib. 4. in Proamio. And this limitation or Tail is either General or Special.

Tail General, Is that whereby Lands or Te∣nements are limited to a Man, and to the Heirs of his Body begotten, and it is General, be∣cause how many Women soever the Tenant, holding by this title, shall take to his Wives one after another, his issue by them all have a possibility to inherit one after another.

Tail Special, Is that whereby Lands or Tene∣ments are limited to a Man and his Wife, and the Heirs of their two bodies begotten; be∣cause, if the Man bury his Wife, before issue, and take another, the issue by his second Wife cannot inherit the Land. Also, if Land be given to A. and his Wife B. and to their Son C. for ever; this is Tail Special. See Fee, and Littl. lib. 1. cap. 2. and New Book of Entries, ••erbo Tail.

Tail, in the other signification, is that we vulgarly call a Talley: For, Une Taille de Bois is a cloven peece of Wood to nick up an ac∣count upon: For in the Stat. 10 Edw. 1. cap. 11.

it is termed a Tail; and so in Brooks Abridg. tit. Tail d'Exchequer, fol. 247.

Tailes (Talliae) Are in these days called Tallies, explicated before: Of these we read in our Statutes two sorts, long used in the Ex∣chequer. The one Tailes of Debt (Anno 1 Rich. 2. cap. 5.) which are a kinde of Acquit∣tance for Debt paid to the King. For example, the University of Cambridge pays yearly 10 l. for such things as are by their Charter granted them in Fee-farm, 5 l. at the Annunciation, and 5 l. at Michaelmas. He that pays these, re∣ceives at each day a Tail or Talley for his dis∣charge; with both which, or notes of them, he repairs to the Clerk of the Pipes Office, and there in stead of them receives an Acquittance in Parchment for his full discharge. The other, Tails of Reward, (mentioned Anno 27 Hen. 8. cap. 11. and in other Statutes) which seem to be Tails or Tallies of allowances or recompence made to Sheriffs, for such Matters, as (to their charge) they have performed in their Office, or for such Moneys as they, by course, have cast upon them in their accounts, but cannot levy, &c. See Anno 2 & 3 Edw. 6. cap. 4.

There are also Tallies of Debt used among Subjects.—Et si creditor habeat Talleam, o∣portet creditorem probare illam per convicinos suos vel per alios, per quorum fidelitatem Balivi & alii praesentes illo tempore in Curia noticiam ha∣bere possunt, & si Creditor petat debitum per vocem suam simplicem, tunc debitor potest esse ad suam legem manifestatam. MS. Codex de LL. Statutis, &c. Burgivillae Mountgomer. a Temp. Hen. 2.

Tailage. See Tallage.

Taint (Attinctus, Fr. Teinct, i. Infectus, Tinctus) Signifies either a Conviction; or a person convict of Felony or Treason, &c. See Attaint.

Tales (a Latin word of known significati∣on) Is used for a supply of Men, impannelled on a Jury or Enquest, and not appearing, or at their appearance, challenged by either party, as not indifferent; in which case, the Judge upon motion grants a supply to be made by the Sheriff of one or more such there present, equal in reputation to those that were empan∣nelled. Whereupon the very act of supplying is called a Tales de Circumstantibus. But he that hath had one Tales, either upon default or chal∣lenge may not have another to contain so many as the former: For the first Tales must be under the principal Pannel, except in a Cause of Appeal, and so every Tales less then other, until the number be made up of such as are without exception: Yet you may finde some exceptions to this general Rule in Stamf. Pl. Cor. lib. 3. cap. 5. These commonly called Tales may in some sort, and indeed are called Me∣liores, viz. When the whole Jury is challenged, as appears by Brook, tit. Octo tales & auter tales, fol. 105.

Tales, Is also the name of a Book in the Kings Bench Office (Coke, lib. 4. fol. 93. b.) Of such Jury-men as were of the Tales.

Tallage (Tallagium) From the Fr. Taille; which originally signifies a peece cut out of the whole, and metaphorically a share of a Mans substance paid by way of Tribute, Toll, or Tax. Stat. De Tallagio non concedendo. Tempore Edw. 1. And Stows Annals, pag. 445. Thence comes Tailaigiers in Chawoer for Tax or Toll∣gatherers. See Subsidy. These Tallages were anciently called Cuttings, which word is still retained in Ireland, in a not much different sense. Tallage (says Sir Edward Coke) is a gene∣ral word, and includes all Taxes. 2 Instit. fol. 532.

Talleys. See Tailes.

Talsbide or Talwood, (Taliatura) Is Fire∣wood, cleft and cut into Billets of a certain length. Anno 34 & 35 Hen. 8. cap. 3. and An. 7 Edw. 6. cap. 7. Every Talshide marked one, being round bodied, shall contain sixtéen inches of Assise in compass, &c. Anno 43 E∣liz. cap. 14.

Tangier, An ancient City of Barbary, ly∣ing within the Kingdom of Fesse, and distant from the Streights about Thirty Miles; men∣tioned in the Statute of 15 Car. 2 cap. 7. And is now part of the Dominion belonging to the Crown of England.

Tanistry, Is a Law, Tenure, or Custom in some parts of Ireland; of which thus, Sir John Davies in his Reports, fol. 28. b. Quant ascun person morust seisie des ascuns Castles, Mannors, terres ou tenements del nature & tenure de Tani∣stry, que donques mesme les Castles, &c. doent descender, & de temps dont memory ne court ont use de descender Seniori & dignissimo viro san∣guinis & cognominis de tiel person issint morant seisie, & que le file ou le files de tiel person issint morant seisie de touts temps avantdit, ne fueront inheritables de tiels terres ou tenements, ou de ascum part de eux. The name seems to be de∣rived a Thanis. See Sir James Wares Antiqui∣tates Hibernia, pag. 38.

Tappa. See Bosinnus.

Tare and Tret. The first is the weight of Box, Straw, Cloaths, &c. wherein Goods are packed. The other is a consideration allowed in the weight for wast, in emptying and resel∣ling the Goods. Book of Rates.

Tasels, Is a kinde of hard Bur used by Cloathiers and Cloath-workers in the dressing of Cloth. Anno 4 Edw. 4. cap. 1.

Tassum, A Mow or Heap; from the Fr. Tasser, to heap or pile up. Commissio facta fuit Roberto Hadham ad vendend. blada & alia bona diversarum Abbatiarum alienigenarum, qui venit & cognovit quod vendidit blada Prioris de Tickford in garbis in duabus Tassis existen. pro 10 l. &c. Hill. 25 Edw. 3. Coram Rege. Rot. 13.

Tax (Taxa, from the Gr. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Quod non solum ordinem, sed & modum ratione temperatum significat, atque ob id etiam taxationem & tribu∣tum, unde 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 dicuntur qui tributum im∣ponunt) Was such a Tribute, as being certainly rated on every Town, was wont to be yearly paid, but now not without consent in Parlia∣ment,

as the Subsidy is. And it differs from Subsidy in this, that it is always certain, ac∣cording as it is set down in the Exchequer Book, and levied in general of every Town, and not particularly of every Man. It is also called a Fifteenth, Anno 14 Edw. 3. stat. 1. cap. 20. and 9 Hen. 4. cap. 7. It seems, that in ancient time, this Tax was imposed by the King at His plea∣sure, but Edward the First bound Himself and His Successors from that time forward, not to Levy it, but by consent of the Realm. Anno 25 Edw. 1. cap. 5. See Gild, Subsidy, and Fif∣teenth.

Taxatio bladorum, An Imposition on Corn.

Taxers, Two Officers yearly chosen in Cambridge, to see the true gage of all Weights and Measures: The name took beginning from Taxing or Rating the Rents of Houses, which was anciently the duty of their Office.

Tea (Anno 12 Car. 2. cap. 15.) Is a kinde of potable liquor, lately introduced in Eng∣land from China, and the East Indies, and is made of the Leaf of a Shrub, growing in those parts.

Team and Theame, or Tem and Theme (from the Sax. tyman, i. Propagare, to teem, or bring forth) Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor, for the having, restraining and judging Bond∣men, Neifs, and Villains, with their Childrens Goods and Chattels in His Court.

THeme est, quod habeatis totam generationem villanorum vestrorum, cum corum Sectis & catallis ubicunque inventi fuerint in Anglia.—Qui autem jurisdictionem habent bujusmodi, curiani de Theme, i. De nativis vel servis, di∣cuntur babore, in qua olim licuit inter caeteros cognoscere de statu vassalli sui, utrum liber esset an servus. Anonymus in MS. Theame (says the Learned Spelman) in the Laws of Edw. Conf. cap. 21. & 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus, sive intertiatis, hoc est, de vocatis ad Warrantiam. See Glanvile, lib. 5. cap. 2. And Glossarium in x. Scriptores.

Them, i. Quod Prior habet totam genera∣tionem Villanorum suorum, cum eorum secta & catallis ubicunque in Anglia inventae fuerint. Ex Registro Priorat. de Cokesford.

Teinland (Teinlanda) Tainland, Teim∣land vel Thainland, quasi terra Thani vel nobi∣lis. th••n, i. Minister & Landa, i. terra. Breve Regis Willielmi junioris lib. Rames. sect. 178.—Willielmus Rex Anglia W. de Cabuniis salu∣tem. Praecipio tibi ut facias convenire shiram de Ha〈…〉〈…〉, & judicio ejus cognosce si terra de Isham ••••ddidit sirmam Monachis Sancti Benedicti tem∣pore Patris mei; & si ita invent. fuerit, sit in Dominio Abbatis. Si verd Teinlanda tunc suisse invenietur, qui eam tenet de Abbate, te∣〈◊〉〈◊〉 & 〈…〉〈…〉scat, quod si noluerit, eam Abbas in Dominio habeat, & vid•• ne clamor inde am∣plius ad nos redeat. Teste W. Episc. Dunelm. Where Teinlanda seems to signifie, Terra haereditaria & colonorum servituti non obnoxia. In Domesday, Land holden by Knights-service was called Tainland, and Land holden by Soccage, Keveland. Coke on Littl. sect. 117.

Teirs, Is the third part of a Pipe, viz. Forry two Gallons. See Tierce.

Teller, Is an Officer in the Exchequer, of which there are four, whose office is to receive all Moneys due to the King, and to give the Clerk of the Pell a Bill to charge him therewith. They also pay to all persons any Money pay∣able by the King, by Warrant from the Addi∣tor of the Receipt, and make weekly and year∣ly Books, both of their Receipts and Pay∣ments, which they deliver to the Lord Trea∣surer.

Telonium. See Theloni••••

Templers, or Knights of the Temple (Templarii) Was a Religious Order of Knight∣hood, instituted about the year 1119. and so called, because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem, and not far from the Sepulchre of our Lord: They entertained Christian-strangers and Pil∣grims charitably, and in their armor led them through the Holy Land, to view the Sacred Monuments of Christianity, without fear of Insidels. This Order continuing and increasing for near Two hundred years, was far spred in Christendom, and particularly here in England. But at length some of them at Jerusalem, fall∣ing away (as some Authors report) to the Sara∣cens from Christianity, or rather because they grew too potent, the whole Order was sup∣p••••ssed by Clemens Quintus, Anno 1309. And by the Council of Vienna, 1312. And their sub∣stance given, partly to the Knights of Saint Johns of Jerusalem, and partly to other Re∣ligious. Cassan. de gloria mundi, par. 9. Consid. 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Se∣conds days, till they were suppressed. They had in every Nation, a particular Governor, whom Bracton, lib. 1. cap. 10. calls Magistrum Militiae Templi. The Master of the Temple here was summoned to Parliament, 49 Hen. 3. m. 11. in Schedula. And the cheif Minister of the Temple-Church in London is still called Master of the Temple. Of these Knights, read Mr. Dug∣dales Antiquities of Warwickshire, fol. 706. In ancient Records, they were also called Fratres Militiae Templi Solomonis. Mon. Angl. 2 par. fol. 554. b.

Temporalties of Bishops (Temporalia Episcoporum) Are such Revenues, Lands, Tene∣ments, and Lay-Fees, as have been laid to Bishops Sees, by Kings, and other great Per∣sonages of this Land, from time to time, as they are Barons of Parliament. See Spiritualties of Bishops.

Tempus pinguedinis & firmationis▪—Et sciendum quod Tempus pinguedinis hic

computatur inter Festum Beati Petri ad Vincula & Exaltationem Sanctae Crucis: Et Tempus fir∣mationis inter Festum S. Martini & Purificatio∣nem Beatae Mariae. MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck, the later of the Doe. See Fer∣misona.

Tenancies (Anno 23 Eliz. cap. 4.) Are Houses for Habitation, Tenements, or places to live in, held of another.

EDwardus illustris Regis Angliae primo genitus omnibus, &c. Salutem & amorem. Sciatis quod dedimus & assignavimus in Tenenciam di∣lecto & fideli nostro Yvoni Pauntun omnes terras cum suis juribus & pertin. quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele. Tenendas ad nostrae beneplacitum voluntatis, nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham, quarto die Augusti, manus prius posuerit ad easdem. Et ideo vobis mandamus, &c. Dat. Cestriae 14 Augusti, Anno Regni Domini Regis Patris nostri 49.

Tend, Seems to signifie as much as to en∣deavor, offer, or shew forth; as to tend the estate of the party of the Demandant. Old Nat. Br. fol. 123. b. To tend an Averment. Britton, cap. 76.

Tender (Fr. Tendre) Signifies carefully to offer, or circumspectly to endeavor the per∣formance of any thing belonging to us; as to tender Rent, is to offer it at the time and place, where and when it ought to be paid. To tender his Law of Non Summons (Kitchin, fol. 197.) is to offer himself ready to make his Law, where∣by to prove, that he was not summoned. See Law, see Make.

Tenementis Legatis, Is a Writ that lies to London, or other Corporation, (where the Custom is, that Men may demise Tenements, as well as Goods and Chattels by their Last Will) for the hearing any Controversie touch∣ing the same, and for rectifying the wrong. Reg. of Writs, fol. 244. b.

Tenent or Tenant (Tenens) Signifies him that holds or possesseth Lands or Tene∣ments by any kinde of Right, be it in Fee, for Life, Years, or at Will. Tenant in Dower, is she that possesseth Land by vertue of her Dower. Kitchin, fol. 160. Tenant by Statute Merchant, that holds Land by vertue of a Statute for∣feited to him. Tenant in Franc-marriage (Idem, fol. 158.) that holds Land by vertue of a Gift thereof, made to him upon marriage. Tenant by the Curtesie, that holds for his life, by reason of a Childe born alive, and begotten by him of his Wife, being an Inheritrix. Tenant per Elegit, that holds by vertue of the Writ Elegit. Tenant in Morgage, that holds by vertue of a Morgage. Tenant by the Verge in Ancient De∣mesn (Kitchin, fol. 81.) is he that is admitted by the Rad in a Court of Ancient Demesn. Tenant by Copy of Court Roll, is one admitted Tenant of any Lands, &c. within a Mannor, which time out of minde have been demisable, according to the Custom of the Mannor. West, Par. 1. symbol. lib. 2. sect. 646. Tenant by Charter, is he that holds by Feoffment, or other Deed in Writing. Very Tenant, that holds immediate∣ly of his Lord; for if there be Lord, M••sn, and Tenant, the Tenant is Very Tenant to the Mesn, and not to the Lord above. Kitchin, fol. 99. Tenant Paravail, see Paravail. Joynt∣tenants, that have equal Right in Lands, by vertue of one Title. Littl. lib. 3. cap. 3. Tenants in Common, that have equal right, but hold by divers Titles. Particular Tenant, Stamf. Prae∣rog. fol. 13. is he who holds onely for his term. See Coke in Sir Will. Pelhams Case, Lib. 1. fol. 15. called also Termor for Life or Years. See Plow∣den, Casu, Colthirst, fol. 23. b. Sole Tenant, Kitchin, fol. 134. he that hath no other joyned with him. Several Tenant is opposit to Joynt∣tenant or Tenant in Common. Tenant al Prae∣cipe, is he against whom the Writ Praecipe is brought. Coke, lib. 3. Case of Fines, fol. 88. Tenant in Demesn (Anno 13 Edw. 1. cap. 9) is he that holds the Demesns of a Mannor for a Rent without Service. Tenant in Service (An. 20 Edw. 1. stat. 1.) is he that holds by Service. See Britton, cap. 39 & 96. Tenant by Execution (Anno 32 Hen. 8. cap. 5.) is he that holds Land by vertue of an Execution upon any Statute, Recoguizance, &c. Tenant in Fee-simple (Kit∣chin, fol. 150.) Tenant in Fee-tail. Tenant at the Will of the Lord, according to the Custom of the Mannor. Tenant at Will by the Com∣mon Law. Idem, fol. 165. Tenant upon Suffer∣ance. Tenant of Estate of Inheritance. Stamf. Praerog. fol. 6. Tenant in Burgage. Tenant in Soccage. Tenant in Franck-fee, &c. with divers others.

Tenement (Tenementum) Signifies most properly a House or Homestal, but in a larger sence it is taken, either for House or Land that a Man holds of another; and joyned with the Adjective Frank, it contains generally Lands, Houses, or Offices, wherein we have Estate for Life, or in Fee. For Kitchin, fol. 41. makes Frank-tenement, and base Estate, opposit; and in the same sense Britton uses it, Chap. 27.

Tenheved (Sax. tienheofed, i. Decem habens capita) Decanus, Decemvir, caput vel princeps Decaniae sive decuriae. LL. Edw. Confess. cap. 29. Statuerunt Justiciarios super quosqne decem fri∣borgos, quos Decanos possumus appellare; An∣glice vero tienheofod dicti sunt.

Tenentibus in Assisa non onerandis, &c. Is a Writ that lies for him to whom a Dis∣seisor hath alienated the Land, whereof he disseised another; that he be not molested for the damages Awarded, if the Disseisor have wherewith to satisfie them himself. Reg. of Writs, fol. 214. b.

Tenmantale (Sax. tienmantale, i. Sermo decem hominum, vel decemvirorum numerus) De∣curia, Tithinga. LL. Edw. Conf. cap. 20.—Et sint quieti de Geldis, & Danegeldis, & Themana∣tale, & Concelationibus, & Scottis, &c. Cart.

29 Edw. 1. n. 25. Abbat. de Thornton. See Fri∣burgh.

Tenore indictamenti mittendo, Is a Writ whereby the Record of an Inditement, and the Process thereupon is call'd out of another Court into the Chancery. Reg. of Writs, fo. 169. a.

Tenths, (Decimae) Is that yearly portion or Tribute, which all Livings Ecclesiastical yield to the King: For, though the Bishop of Rome does originally pretend right to this Re∣venue, by example of the High-Priest among the Jews, who had Tenths from the Levites. Numb. ca. 8. Hieron. in Ezech. yet we read in our Chronicles, that these were often granted to the King by the Pope, upon divers occasions, sometimes for one year, sometimes for more, until, by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms. It signifies also a Tax levied of the Temporal∣ty. 4 Inst. fo. 34.

Tentor, A stretcher, tryer or prover, which Dyers and Clothiers used, Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20.

Tenure, (Tenura) Is the manner whereby Tenants hold Lands and Tenements of their Lords. What makes a Tenure, and what not, see Perkins Reservations 70, where you shall find most of those Tenures recited, which are now in England. See Cromptons Jurisd. fo. 200. New Book of Entries, verbo Tenure. Mr. Fabian Philips Book, entituled, Tenenda non Tollenda, and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsing∣ton in the County of Kent, by this tenure; to carry the last Dish of the second Course to the Kings Table at His Coronation, and presenting Him with three Maple-cups, which was perfor∣med at the Coronation of King Charles the Se∣cond.

Term, (Terminus) Signifies commonly the bounds and limitation of time; as a Lease for term of Life or Years. Bracton, lib. 2. ca. 6. nu. 4. But most notoriously it is used for that time, wherein the Tribunals or places of Judg∣ment are open for all that list to complain of wrong, or to seek their right by course of Law or Action. The rest of the year is called Vaca∣tion. Of these Terms there are four in every year, during which time matters of Justice are dispatch'd. One is Hillary Term, which begins the 23d of January, or, if that be Sunday, the next day following, and ends the twelfth of Fe∣bruary: The next is Easter Term, which begins the Wednesday fortnight after Easter-day, and ends the Munday next after Ascension-day. The third is Trinity Term, beginning the Friday next after Trinity-Sunday, and ending the Wednes∣day Fortnight after. The fourth is Michael∣mas-Term, which anciently began the ninth of October, but (by Stat. 17 Car. 1 ca. 6.) con∣tracted to the 23d of October, and ending the 28th of November. Termini apud nos dicuntur c••rtae anni portiones agendis litibus designatae. See Spel, de origine & ratione Terminorum forensi∣um.

Termonland, Seems to be the Gleab-land, or Land of the Church; anciently so cal∣led.

Termor, (Tenens ex termino) Is he that holds for term of years, or life. Kitchin, fo. 151. Litt. fo. 100.

Terra Giliforata, Land held by the Te∣nure of paying a Gilly-flowre, MS.

Terra extendenda, Is a Writ directed to the Escheator, &c. willing him to enquire and find out the true yearly value of any Land, &c. by the Oath of twelve Men, and to certifie the Extent into the Chancery, &c. Reg. of Writs, fo. 293. b.

Terra frusca.—Continens xl. acras terrae fruscae, pasturae, &c. Mon. Angl. 2 Par. fo. 327. b. Fresh-land, or such as hath not been lately plow∣ed. This is elsewhere written Terra frisca.

Terra nova. Saepe legitur in Chartis feoda∣libus & in sensualibus schedulis, vel proterra no∣viter concessa, vel noviter assarta. Prior. Lew. pa. 1.—Reddat pro nova terra 2 sol. Spe〈…〉〈…〉.

Terra vestita, Is used in ancient Charters, for Land sown with Corn.

Terra sabulosa, (Lat.) Gravelly, or grosse∣sandy land.—Et praedictae xxiiii acrae terrae va∣lent per ann. xiii sol. & iv denar. & non plus, quia est terra sabulosa. Inq. 10 Ed. 3. n. 3. Norf. in Turr. Lond.

Terra puturata. See Putura.

Terra lucrabilis.—Tam in Mora, quam in terra lucrabili & Marais, cum omnibus piscariis suis. Mon. Angl. 1 Par. fo. 406. a. Land that may be gained from the Sea, or inclosed out of a Wast, to particular use.

Terra excultabilis,—Totam illam terram excultabilem, quam habuit apud Norwicu〈…〉〈…〉 in Campis. Mon. Angl. 1 Par. fo. 426. b. Land that may be till'd or plow d.

Terra culta, Land that is Tilled, or 〈◊〉〈◊〉∣nured; and terra inculta, the contrary, see Wacnoth.

Terrage, (Terragium) Edward the Third granted by Patent to John of Gaunt and Blanch his Lady, for their live,—quod sint qui〈…〉〈…〉 de Theolonio, Savagio, Passagio, Lastagio, Tallagi••, Carvagio, Prisagio, Pickagio & Terragio; which seems to be an exemption, a Praecariis, viz. Boons of Plowing, Reaping, &c. and perhaps from all Land-Taxes.

Terrar, (Terrarium, vel Catalogus ter〈…〉〈…〉) Is a Book, Survey, or Land-Roll, wherein the several Lands, either of a single person, or of a Town are described; containing the quantity of Acres, boundaries, Tenants names, and such like, Anno 18 Eliz. ca. 17. In the Exchequer there is a Terrar of all the Glebe-lands in Eng∣land made about 11 Edw. 3.

Terris, bonis & catallis rehabendis pest purgationem, Is a Writ that lies for a C〈…〉〈…〉, to recover his Lands, Goods, or Chattels for∣merly seized on, after he has cleer'd himself of that Felony, upon suspition whereof he was for∣merly convict, and deliver'd to his Ordinary to be purg'd. Reg. of Writs, fo. 68. b.

Terris liberandis, Is a Writ, that lies for a Man convicted by attaint, to bring the Record and Process before the King, and to take a Fine for his Imprisonment, and to deliver him his lands and Tenements again, and to release him of the Strip and Waste. Reg. of Writs, fo. 232. a.

Terris & catallis tentis ultra debitum levatum, Is a Writ Judicia, for the restoring Lands or Goods to a Debtor that is distreined above the quantity of the Debt. Reg. Jud. fo. 38. b.

Terre tenant, (Terrae tenens) Is he who has the natural and actual possession of the Land, which we otherwise call the Occupation, Anno 39 Eliz. ca. 7. For example, a Lord of a Man∣nor has a Freeholder, who lets out his free-land to another, this other (having the actual pos∣session) Is called the Terre-tenant. West. Par. 2. Symb. tit. Fines, Sect. 137. Cromp. Jurisd. fo. 194. Britton, ca. 29. Perkins Feoffments, 231.

Ters. See Tierce.

Tertian, A Measure, containing fourscore and four Gallons. Anno 1 Rich. 3. ca. 13. & 2 Hen. 6. ca. 11. So called, because it is the third part of a Tun.

Tertium denarium. See Third-peny.

Testament, (Testamentum) What it is in the common signification see in Will. It was anciently used (according to Spelman) pro Scripto, charta vel instrumento, quo praediorum re∣rumve aliarum transactiones perficiuntur: sic dictum quod de ea re vel testimonium ferret, vel testium nomina contineret.—siquis contra hoc meae authoritatis Testamentum aliquod machina∣ri impedimentum praesumpserit, &c. Charta fun∣dationis Croylandiae ab Aethelbaldo Rege, An∣no Dom. 716.

Testator, (Lat.) He that makes a Testa∣ment. See Swinborn of Wills and Testaments, and see Will.

Testatum, Is a Writ, in personal Actions; As if the Desendant cannot be arrested upon a Capias in the County where the Action is laid, but is returned non est inventus by the Sheriff; This Writ shall be sent out into any other County, where such person is thought to have whence to satisfie; which is termed a Testatum; because the Sheriff has formerly testified, that the Defendant was not to be found in his Balywic. See Kitchins return of Writs, fo. 287. b.

Leste, Is a word commonly used in the last part of every Writ, wherein the date is con∣tained, which begins with these words, Teste me ipso, &c. if it be an original Writ, or if judi∣cial, Teste Johan. Keeling Milite or Iohanne Vaughan Mil. according to the Court, whence it comes. Yet we read in Glanvile, (lib. 1. ca. 6. & 13. & lib. 2. ca. 4.) The last Clause of an Original Writ to be Teste Radulpho de Glanvilla apud Clarendon, &c. and divers times in the Reg. of Writs, Teste Custode Angliae, as namely in the Title Prohibition, fo. 42. a. & Consultation, fo. 54. b.

Testimonial, (Anno 39 Eliz. 17.) Is a Certificate under the hand of a Justice of Peace, Testifying the place and time, when and where a Souldier or Mariner landed, and the place of his dwelling and birth, unto which he is to pass, &c. or such like, 3 Inst. fo. 85.

Teston, (Anno 2 & 3 Ed. 6. ca. 17.) A sort of Money, which, among the French, did bear the value of 18 Denar. and so perhaps for∣merly in England; but, in Henry the Eighths time, being made of Brass, lightly gilt with Sil∣ver, it was reduced to 12 d, and, in the be∣ginning of Edward the Sixth to 9 d, after∣terwards to 6 d.

Thack-tile, (Anno 17 Edw. 4. ca. 4. other∣wise called Plain-tile, which are laid on the side of a House.

Thanage of the King, (Thanagium Regis) Signify'd a certain part of the Kings Lands, or Property, whereof the Ruler or Governor was called Thane. Domania Regis, and Thanagia idem significant, Sayes Skaene.

Thane, or Theyn (Thanus, from th'Saxon thegen,) Signifies sometimes a Nobleman, sometimes a Free-man, sometimes a Magistrate, but more properly an Officer, or Minister of the King. This appellation was in use among us after the Norman Conquest, as appears by Doinesday, and by a certain Writ of William the First. Willielmus Rex salutat Hermannum Episcopum & Stewinum & Britwi & omnes Tha∣nos meos in Dorsestrensi pago amicabiliter. MS. de Abbotsburi. Skaene sayes it is the name of a Dignity, equal with that of the Son of an Earl. Cambden sayes, They were enabled onely by the Office which they administred. See Mills, de Nobilitate, fo. 132.

Theft, (Furtum) Is an unlawful Felonious taking away another mans moveable and perso∣nable Goods against the owners will, with an in∣tent to Steal them; which is divided into Theft, simply so called; and, petit Theft, where∣of the one is of Goods above the value of 12 d, and is Felony, the other under that value, and is no Felony, but called petit Larceny. See Larceny and Felony. Theft from the person, or in the presence of the owner, is properly cal∣led Robbery. See West, Part 2. Symb. Tit. In∣ditements, Sect. 58, 59, 60.

Theftbote, (Sax. theofte, i. Furtum & Bote, compensatio,) est quant home prist chattel de La∣rone de luy faveurer & maintainer & nemy autre∣ment. 42 Assis, pa. 5. the receiving goods from a Thief, to the end to favour and maintain him, the punishment whereof is ransom and im∣prisonment, and not loss of life or Member. Stanif. Pl. Cor. lib. 1. ca. 43. Antique dice∣batur precium quo furti reus se eximeret a dispen∣dio vitae; hodie vero de iis dicitur qui furtiva bona a latrone susceperint, sceleris sui fovendi gra∣tia, quo sensu Bote, pro praeda, ut alias solet in∣telligendum est. In Privilegiorum chartis ubi Theftbote conceditur, intelligitur alias esse emenda furta sine consideratione Curiae Domini Regis. Theftbote, (inquit Statutum Walliae. Anno 12. Ed. 1.—hoc est, emenda furti, sine consideratione Curiae Domini Regis. Spel. And see 3 Inst. fo. 134.

Thelonium, or Breve essendi quietum de Thelonio, Is a Writ lying for the Citizens or any City, or Burgesses of any Town, that have a Charter or Prescription to free them from Toll, against the Officers of any Town or Market, who would constrain them to pay Toll of their Merchandise, contrary to their said Grant or Prescription. Fitz. Nat. Br. fol. 226.

Thelonio rationabili habendo pro Domi∣nis habentivue Dominica Regis ad Fir∣mam, Is a Writ that lies for him that hath of the Kings Demesn in Fee-farm, to recover reasonable Toll of the Kings Tenants there, if his Demesn have been accustomed to be tolled. Reg. of Writs, fol. 83. b.

Them. See Team.

Then, Significat seroum. Fleta, lib. 1. cap. 47

Thenecium.—Quod Praedicti Parochiani—Decimas inferius Annotatas Ecclesiis suis persolvant, scil. Decimam lactis, ovorum, The∣necii agrorum, apum, mellis, &c. Const. Rob. Winchelsey Archiep. Cant. tit. de Decimis. Ibi Lindewode Thenecii agrorum, i. Arborum crescentium circa agros, pro clausura corum. Vulgarly called Hedgerows or Dikerows.

Thewe. Georgius Grey Comes Cantii cla∣mat, in Maner. de Bushton & Ayton, punire Delinquentes contra Assisam panis & cervisiae per tres vices per Amerciamenta, & quarta vice pistores per Pilloriam, Braciatores per Tumbrel∣lum, & Rixatrices per Thewe, hoc est ponere eas super scabellum vocat. a Cuckingstoole. Pl. in Itin. apud Cestriam, 14 Hen 7. Perhaps from the Sax. theoƿ, a Slave or Captive.

Thingus (Thanus) A Nobleman, a Knight, or Freeman. Sciatis me concessisse omnibus mili∣tibus & omnibus Thing is & omnibus libere te∣nentibus, qui manent in Foresta mea de Honore de Lancaster, quod possunt, &c. Cromp. Jur. fol. 197.

Thirdborow, Is used for a Constable, Anno 28 Hen. 8. cap. 10. which seems to be cor∣ruptly used for the Sax. freoborg, i. Inge∣nuus fidejussor. Lambert in his Duty of Consta∣bles, pag. 6.

Thirdings. The third part of the Corn or Grain growing on the Ground at the Tenants death, due to the Lord for a Heriot within a certain Mannor, and Lands belonging to the Chappel of Turfat in Com. Heref.

Third night-awn-hynde (Trium noctium hospes) By the Laws of S. Edw. (cap. de Hospitibus) if any guest lay a third night in an Inn, he was accounted a Domestick, and his Host was answerable for what offence he should commit. Forman night uncuth. Twa night gueste. Third night awn hynde, i. Prima nocte incognitus, secunda hospes, tertia domesti∣cus censetur. Bracton, (lib. 3. tract. 2. cap. 10. num. 2.) writes it Hoghenehyne pro Agen∣hyne.

ITem utimur, quod si extranei morantur in Bur∣go praedicto ultra tres dies, invenient fide∣jussores de bene gerendo se erga Burgenses & Communitatem, dum moram inter ipsos fecerint. MS. Codex de LL. Statutis & Consuetud liberi Burgi villae Mountgomer. fol. 26. b. See Un∣cuth.

Third-peny, Denarius tertius est ea pars mulctarum forensiumque molumentum, quae in comitatu olim cedebat Comiti, Rege alias duas percipiente. LL. Edw. Conf. cap 31. Rex ha∣bebit 100 solidos & Consul Comitatus 50. qui tertium babebit Denarium de forisfacturis, &c. And was anciently so fixt and appropriate to an Earldom, as the Earldom of Oxford, in the Raign of King Henry the Second, passed by the Grant of Tertium Denarium Comitatus Oxon, ut fit inde Comes. de quo vide Seldens Titles of Honor.

Thokes (Anno 22 Edw. 4. cap. 2.) Thokes or Fish with broken Bellies; are not by the said Statute to be mixt or packed with Tale∣fish.

Thol (Thollonium) Est libertas emendi & vendendi in terra sua. Arch. Lamb. fol. 132. Thol, i. Quod Prior habet in Mercato suo dic Lunae quandam mensuram de bladis venditis, & quoddam certum de animalibus & caeteris simili∣bus venditis. Reg. Priorat. Cokeford. See Toll.

Thorough Toll.—Bowgh in Yorkshire, a little Village, where in times past the Earls of Richmond had a pretty Castelet, and a cer∣tain Custom called Thorough Toll (says Camden.) See Toll.

Thrave of Corn (from the Sax. threaf, i. a Bundle, or the British Drefa, i. Twenty four) Is in most parts of England Twenty four Sheaves, or four Shocks, six Sheaves to the Shock. Anno 2 Hen. 6. cap. 2. Yet in some Counties they count but Twelve Sheaves to the Thrave. As in the Case of the Burgesses of Derby.—Hi autem ad Festum Sancti Martini reddebant Regi duodecim Trabes annonae. Domes. de Burgensibus Derbiae. See Peter-Corne.

Thrimsa (from the Sax. thrim, quod ter∣nos significat) Signified of old a piece of Money of Three shillings, according to Lambert, or rather (according to Selden) the third part of a shilling. Tit. Of Honor, fol. 604. See Were∣gild.

Thrithing (Thrithingum) In the Statute of Merton, signifies a Court which consists of three or four Hundreds. Cokes 2 Part. Instit. fol. 99.

Thrower. See Silkthrower.

Thwertnik—Edwardus, &c.—Con∣cessimus etiam, quod Vicecomes noster aut haere∣dum nostrorum, qui pro tempore fuerit in dicto Comitatu, de caetero faciat executiones pro debitis recuperatis & recognitis in Comitatu vel Scaccario Cestriae, aut in itinere Justiciariorum, qui pro tempore fuerit, absque aliquo capiendo pro exe∣cutione hujusmodi facienda, licet etiam praeteritis temporibus usum sit, prout per cartam habet ipsa Communitas (scil. Cestrescirae) quod si aliquis in Curia nostrae c••••patus fuerit, per Thwertnik se defendere possit; quia haec defensio est contra∣ria

legi Communi, nutrix malorum, pacis emula & damnosa populo pacifico. Volumus etiam de consensu & requisitione dictae Communitatis, Ordi∣namus & praecipimus, quod dicta defensio per Thwertnik de caetero non allocetur, sed annul∣letur totaliter & damnetur, &c. Rot. Cart. de Anno 11, 12 & 13 Regis Ric. 2. num. 11. per Inspex.

Tidesmen (Anno 14 Car. 2. cap. 11.) Are certain Officers that belong to the Custom-house, and are appointed to watch, or attend upon Ships till the Custom of the fraight be paid; and they are so called, because they go aboard the Ships at their arrival in the Mouth of Thames, and come up with the Tide.

Tierce (Fr. Tiers, i. A Third, or third part) A measure of liquid things, as Wine, Oyl, &c. containing the third part of a Pipe, or forty two Gallons. Anno 32 Hen. 8. cap. 14.

Tigh or Teage (Sax. teag) A Close or Enclosure, a Croft. In veteri Charta Ecclesiae Cantuar. Clausula.—Mansionem quoque quae est in aquilonali parte Doroberniae & clausulam quam Angli dicunt Teage, quae pertinet ad prae∣dictam mansionem, &c. The word Tigh is still used in Kent in the same sense.

Timber of Skins, Is forty Skins. De qua∣libet Tymber de Fitcheux venal. ob. Pat. 10 Ric. 2. pars 1. m. 30. Haec civitas (sc. Cestriae) tunc reddebat de firma 45 libras & tres Timbres pellium Martrinarum. LL. Ed. Conf.

Timberlode (Sax. Timbrelade) Servitutis genus, quo vassallus obligatur materiam sive lig∣num de sylva, ubi prosternitur, ad Domini sui Domum deferre. Gloss. in x. Scriptores.

Tineman or Tienman, Was of old a Petty Officer in the Forest, who had the Noctur∣nal care of Vert and Venison, and other ser∣vile employments. Constitution. Forestae Canuti Regis, cap. 4.

Tipstaff (Saio, Sax. sagol, i. Fustis, Ba∣culus) Is one of the Warden of the Fleets men, that attends the Kings Courts with a Painted Staff, for the taking such to Ward as are committed by the Court, and to attend such Prisoners as go at large by Licence. These are otherwise called Bastons. Anno 1 Ric. 2. cap. 12. and 5 Eliz. cap. 23.

Tithes (Decimae, from the Saxon Teoþa, i. The Tenth) Are the Tenth part of all Fruits Predial, Personal, and Mixt, which are due to God, and consequently to his Churches Mini∣sters, for their maintenance. Levit. 27, 30. Omnium bonorum licite quaesitorum quota pars deo, Divina constitutione, debita.

Pasche, 1 Jac. Rot. 1119. in Communi Banco.

It was resolved,
QUod Decimarum tres sunt species, quae∣dam Personales, quae debentur ex opere personali, ut Artificio, Scientia, Militia, Negotiatione, &c. Quaedam Praediales, quae pro∣veniunt ex praediis, i. Ex fructibus praediorum, ut Blada, vinum, faenum, linum, cannabum, &c. seu ex fructibus arborum, ut Poma, Pyra, Pruna, Volema, Cerasa, & fructus hortorum, &c. quaedam Mixtae, ut de Caseo, lacte, &c. aut ex faetibus animalium, quae sunt in pascuis, & gre∣gatim pascuntur, ut in Agnis, Vitulis, Haedis, Capreolis, Pullis, &c. Ex Praedialibus sunt quaedam Majores, quaedam Minutae. Majores, ut frumentum, siligo, zizania, faenum, &c. Minores sive Minutae, quidam dicunt, sunt qui proveniunt ex menta, aneto, oleribus, & simili∣bus juxta illud dictum Domini, Luc. 11. 42. Vae, qui Decimatis mentam & rutam, &c. A∣lii dicunt, quod in Anglia consistunt Decimae minutae in lino, quae sunt Praediales, & Lana, lacte, caseis & in Decimis animalium, agni, pullis, & ovibus; Decimae etiam mellis & cerae numerantur inter Minutas, quae sunt Mixtae. Vide Lindwood cap. de Decimis.

Laymen (in these later times) taking small occasions to withdraw their Tithes, (as Sir Edward Coke observes, 2 Inst. fol. 648.) the Statutes of 27 Hen. 8. cap. 20.—32 Ejusdem, cap. 7. and 2 Edw. 6. cap. 13. were made to en∣force the payment thereof; which former times required not, when more was often given, then was either due or demanded, as appears by these, and many other Recorded Dona∣tions.

EGo Willielmus de Braosa do & concedo Ecclesiae Sancta Mariae de Bergaveny & Monachis ibidem Deo servientibus, omnem Deci∣mam de Castello de Bergaveny, sc. De Pane, de Vino, de Gervisia, & Sisera, & de omni genere potus, de carnibus, de piscibus, de sale, de mel∣le, de cera, de sevo, & omni expensa generaliter, tam parva quam Magna Castelli jam praedicti, de Denariis quoquomodo adquisitis & habitis, de placitis, de auxiliis, de prisonibus, de bobus, de vaccis, de porcis, de ovibus, de capris, de equis, & de omnibus rebus, & de omni eventu quoquo∣modo evenerit jam dicto Castello. Mon. Angl. 1 par. fol. 558. a. Et Decimas omnium proven∣tuum Placitorum, Tolnetorum, Donorum, Lu∣crorum & reddituum meorum, & totius panis & potus expensae de Castello Brechoniae & de Haya. Carta Rogeri Comitis Herefordiae. Sine Dat.

And anciently many Men were so scrupu∣lously careful in their payment of Tithes, as they at their Death bequeathed a Soul sceat or Soot to theit Parish Priest, in lieu of any Tithes forgotten; and at their Funerals caused their best Ox or Horse to be led with the Corps, and, as a Mortuary or Oblation, given to the Priest, in recompence of any Tithes which might be forgotten.

Tithing or Trithing (Tithingum, from the Saxon Teoþunge, which signifies Decuriam) Is the number or company of ten men with their Families, cast or knit together in a Society, all being bound to the King for the peaceable be∣havior of each other. Of these companies there

was one cheif person, who of his office was called Teothung-man, at this day in the West parts Tithingman, but now he is nothing but a Constable; for that old discipline of Tithings is left long since. Tithing is also used for a Court. Mag. Char. cap. 25. and Merton, cap. 10. See Cheif-Pledge, Frank-Pledge, De∣cennier, and Trithing.

Tithing-penny, alias Tith-penny, alias Thething-penny.—Et sint quieti de The∣thing-penny, Tympenny, & de omnibus forisfactis quacunque occasione emerserunt, &c. In Mem. Scac. de Anno 20 Edw. 3. Trin. Rot. 3. Abbati & Monachis Rading. Tithing-penny, hoc est quieti de Tallagio Decennae sive Tithing per con∣suetudinem. MS. in Bibl. Cotton sub tit. Vitel∣lius. C. 9. fol. 221. b.

Tod of Wool, Contains twenty eight pounds, or two Stone; Mentioned in the Stat. 12 Car. 2. cap. 32. It comes from the Fr. Toilet, a Wrapper, within which, by usage, two Stone of Wool is folded. 3 Inst. fol. 96.

Toft (Toftum) A Messuage or place where a Messuage hath stood, but is decayed; a word much used in Fines. West, par. 2. Symbol. tit. Fines, sect. 26.—Capitale Toftum & Croftum quod fuit Walteri Patris sui. Carta Petri de Brus in Bibl. Cotton. Scites & Tofts. Anno 22 Car. 2. cap. 11.

Toftman (Toftmannus) The owner or possessor of a Toft. Toftmanni similiter operaban∣tur a Sancto Michaele usque ad autumpnum, & in autumno per 6 hebdomadas, unaquaque hebdo∣made per 2 dies, &c. Pri. Lew. pag. 18. See Molman.

Tol (Tollere) As it is a Verb, signifies to defeat or take away. Anno 8 Hen. 6. cap. 9. As to Tol the Entry, i. To take away the right of Entry.

Toll (Tolnetum vel Theolonium) Is a Saxon word, and hath two significations. First, It is used for a liberty to buy and sell within the Precincts of a Mannor: Secondly, For a Tri∣bute or Custom paid for Passage, Buying, Sell∣ing, &c. Bracton, lib. 2. cap. 24. num. 3. inter∣prets it to be a Liberty as well to take, as to be Free from Toll (for they who are enfeoffed with Toll are Custom-free, (says Skene) Toll hoc est, quod vos & homines vestri de toto Homagio vestro sint quieti de omnibus mercatis & de Tol∣neto de omnibus rebus emptis & venditis. Of this freedom from Toll, the City of Coventry boasts of an ancient Charter, granted by Leo∣sric (or Luriche) Merciorum Comes, who at the importunity of Godeva, his vertuous Lady, granted this Freedom to that City; and in Richard the Seconds time (according to Mr. Dugdale in his Description of Warwickshire) the Picture of him and his Lady was set up in the South-Window of Trinity Church there, holding in his right hand a Charter, with these words written thereon.

I Luriche for the love of thée, Do make Coventry Toll-frée.

Some Authors make mention of Toll-through, which is Money paid for passage in, or through some High-ways, or over Ferries, Bridges, &c. Toll-travers, for passing over a private Mans Ground; and Toll-turn, which is Toll paid at the return of Beasts from Fair or Market, though they were not sold. Plowden, Casu Wil∣lion. fol. 236. Kitchin, fol. 104. By the ancient Law of this Land, the Buyers of Corn or Cat∣tle, in Fairs or Markets ought to pay Toll to the Lord of the Market, in testimony of the Contract there lawfully made in open Market, because privy Contracts were held unlawful. Horns Mirror, lib. 1.

Tollage (Anno 17 Car. 1. cap. 15.) See Tallage.

Tolsester.—Per Tolsester, clamat esse quiet. de reddend. unum Sextarium Cervisiae quod continet xvi. Lagenas, de nova cervisia mensu∣rata, desubtus le Shakelif pro licencia braciandi cervis. per totum annum. Ex Rol. Plac. in Itin. apud Cestriam, 14 Hen. 7. The same word occurs in Carta 55 Hen. 3. m. 6. See Gavel∣sester.

Tolt (Tolta) Is a Writ, whereby a Cause, depending in a Court Baron, is removed to the County Court, and so called because it does Tollere loquelam, from the one Court to the other. Preface to Cokes 3 Rep. Plac. Coram Rege Pasc. 22 Edw. 1. Rot. 18. Tolta placiti sig∣nificat processum per quem causa a jurisdictione juris temporalis tollitur.

Toltray—Venditio salis, quae debet solvi i. Bushel & dimid. salis per mensuram 4 d. MS. de Temp. Edw. 1.

Tonne. See Tun.

Tort (Fr.) Injustice, injury. As, De son tort mesme, in his own wrong. Crokes Rep. Whites Case, fol. 20. Wrong or injury is proper∣ly called Tort, because it is wrested or crooked. Coke on Littl. fol. 158. b.

Tortfeasor (Fr. Tort faiseur) A Doer of wrong, a Trespasser. Croke 2 part, fol. 383. num. 11.

Toties quoties (Anno 19 Car. 2. cap. 4.) As often as.

Totted, A good debt to the King, is by the Foreign Apposer, or other Officer in the Exchequer, noted for such, by writing this word tot to it. Anno 42 Edw. 3. cap. 9. and 1 Edw. 6. cap. 15. See Practice of the Exchequer, pag. 71.

Totteray, Was a Customary payment of four pence for every Bushel and a half of Corn, sold at Maldon in Essex. Hil 15 Edw. 1.

Tourn. See Turne.

Tout temps prist & uncore est, (i. Always ready, and is so at this present) Is a kinde of Plea in way of excuse, or defence for him that is sued for any Debt or Duty belonging to the Plaintiff. See Brooks Abr. fol. 258.

Towage (Towagium, Fr. Touaige) Is the towing or drawing a Ship or Barge along the Water by Men or Beasts on Land, or by an∣other Ship or Boat fastned to her. Also, that Money or other recompence, which is given

by Bargemen to the owner of the Ground, next a River where they tow a Barge, or other Vessel. The word may probably be derived from the Saxon teon; Ducere, trahere.—Dominus Rex habeat & habere debeat Thowagium navium & batellorum majorum & minorum in aqua de Tyne, &c. Pla. Coram Rege & ejus Concil. Parl. 18 Edw. 1. in Turre London.

Traylbaston. See Justices of Traylbaston, and see the Copies of several Commissions granted to them by Edward the First in Spel∣mans Glossarium, verbo, Traylbaston. The com∣mon people in those days called them Tray∣baston, quod sonat, Trahe baculum. Edward the First in his Thirty second year (says Sir Rich. Baker) sends out a new Writ of Inquisition, called Trailbaston, against Intruders on other Mens Lands, who, to oppress the right owner, would make over their Lands to great Men; against Batterers hired to beat men, Breakers of Peace, Ravishers, Incendiaries, Murder∣ers, Fighters, False Assisors, and other such Malefactors; which Inquisition was so strictly executed, and such Fines taken, that it brought in exceeding much Treasure to the King. Chron. fol. 111. See Plac. Parliamentaria, fol. 211. & 280. and 4 Instit. 186. And in a Parliament 1 Ric. 2. the Commons of England Petitioned the King, That no Commission of Eyre, or Trayle Baston might be issued, during the Wars, or for Twenty years to come. Rot. Parl. 1 Ric. 2.

Traytor (Traditor, Proditor.) See Trea∣son.

Traiterous Position, Of taking Arms by the Kings Authority against his person, and those that are commissionated by him; con∣demned by the Stat. 14 Car. 2. cap. 3.

Transcript (Anno 34 & 35 Hen. 8. cap. 14.) Is the Copy of any Original, written again or exemplified. As the Transcript of a Fine.

Transcripto Recognitionis factae coram Justiciariis itinerantibus, &c. Is a Writ for the certifying of a Recognizance into Chancery, taken before Justices in Eyre. Reg. of Writs, fol. 152. b.

Transcripto pedis Finis levati mittendo in Cancellariam, Is a Writ for the certifying the Foot of a Fine, levied before Justices in Eyre, &c. into the Chancery. Reg. of Writs, fol. 169. and Reg. Judic. fol. 14.

Transgressione, Is a Writ, commonly cal∣led a Writ or Action of Trespass. Of which, Fitzherbert hath two sorts; one, Vicountiel, so called, because it is directed to the Sheriff, and is not returnable, but to be determined in the County. The form whereof differs from the other, because it hath not these words Quare vi & Armis, &c. Nat. Br. fol. 84. G. The other is termed a Writ of Trespass, which is to be sued in the Common Pleas or Kings Bench. Nat. Br. fol. 92. E. See Trespass, and the di∣vers use of this Writ in the Table of Reg. of Writs & 2 Inst. fol. 419.

Transire (Anno 14 Car. 2. cap. 11.) I used for a Custom-house Warrant, or Let-pass; from transeo, to go forth, or let pass.

Transitory, Is the opposite to Local. See Local.

Trantery. So in some Mannors they call the Money arising by Amercements of Ale∣sellers and Victuallers, for breaking the Assise of Bread and Ale, as at Luston, and other Mannors in Herefordshire, especially those be∣longing to the Brishopric of Hereford. But why so called Quaere.

Travers (from the Fr. Traverser, i. Trans∣figere) Signifies sometimes to deny; sometimes to overthrow or undo a thing, or to put one to prove some matter, much used in answers to a Bill in Chancery; or it is that which the De∣fendant pleadeth, or saith in Bar to avoid the Plaintiffs Bill, either by confessing and avoid∣ing, or by denying and traversing the material parts thereof: The formal words of which Travers are, in our French, sans ceo, in Latin absque hoc, in English without that. See Kit∣chin, fol. 227. & 240. To Travers an Office is nothing else but to prove, That an Inquisition made of Goods or Lands by the Escheater, is defective and untruly made. So to Travers an Indictment, is to take issue upon the cheif matter, and to contradict or deny some point of it. As in a Presentment against A. for a High-way overflown with Water, for default of scouring a Ditch, &c. A. may Travers either the matter, that there is no High-way there, or that the Ditch is sufficiently scoured; or otherwise he may Travers the Cause, viz. That he hath not the Land, or that he and they whose estate, &c. have not used to scour the Ditch. Lamb. Eiren. lib. 4. cap. 13. pag. 521, 522. See the New Book of Entries, verbo, Tra∣vers.

Treason (Fr. Trahison, i. Proditio) Is di∣vided into high and petit. Anno 25 Edw. 3. stat. 3. cap. 4. High-treason is defined to be an offence committed against the Security of the King or Commonwealth, whether it be by imagination, word, or deed; as to compass or imagin the death of the King, Queen, or Prince; or to deflower the Kings Wife, or His eldest Daughter unmarried, or His eldest Sons Wife, or levy War against the King in His Realm, adhere to His enemies, counterfeit His Great Seal, Privy Seal, or Money; or wittingly to bring false Money into this Realm counterfeited like the Money of England, and utter the same: To kill the Kings Chancellor, Treasurer, Justices of either Bench, Justices in Eyre, of Assise, or of Oyer and Terminer, being in their place, doing their Office. (An. 25 Edw. 3. cap. 2.) Forging the Kings Seal-Manuel or Privy Signet, Privy Seal, or Foreign Coyn current here (Anno 2 Mar. cap. 6.) or diminishing or impairing current Money (5 Eliz. cap. 11. 14 Eliz. cap. 3. and 18 Eliz. cap. 1. Or to say, the King is an Here∣tick or Papist, or that He intends to introduce Popery, &c. Anno 13 Car. 2. cap. 1. And many others, which you may read there, and in other

places particularly expressed. In case of this Treason a Man shall be hanged, drawn, and quartered, and forfeit his Lands and Goods to the King, it is also called Treason Paramount. Anno 25 Edw. 3. cap. 2.

Petit Treason, Is when a Servant kills his Master, a Wife her Husband, or when a Secular or Religious Man kills his Prelate or Superior to whom he ows Faith and Obedience, and in how many other Cases Petit Treason may be committed. See Cromp. Just. of Peace. This kinde of Treason gives forfeiture of Escheats to every Lord within his own Fee. See Bracton, lib. 3. tract. 2. cap. 3. num. 1. & 2. There is also mention of Accumulative Treason, and Con∣structive Treason, in the Stat. 14 Car. 2. cap. 29.

Treasure-trove, (Fr. Tresor-trouve, i. Trea∣sure-found) Signifies veterem depositionem pe∣cuniae, cujus non extat memoria, ut jam dominum non habeat—And, though the Civil Law give it to the finder, according to the Law of Na∣ture, yet, our Law gives it to the King by His Prerogative, or to some other, who claims by the Kings grant, or by praescription, as appears by Bracton, lib. 3. Tract. 2. ca. 3. nu. 4. The punishment for concealing Treasure found is im∣prisonment and fine. But, if the owner may any wayes be known, then it does not belong to the Kings Prerogative. Briton, (ca. 17.) sayes, 'tis every Subjects part, as soon as he has found any Treasure in the earth, to make it known to the Coroners of the County, &c. See Kitchin, fo. 40. Anno 1 & 2 Ph. & Mary, ca. 15. This was anciently called Fyndaringa, of finding the Treasure. LL. Hen. 1. ca. 11. See 3 Inst. fo. 132.

Treasurer, (Thesaurarius) Is an Officer, to whom the Treasure of another is committed to be kept, and truly disposed of; The chief of these with us is the Treasurer of England, who is a Lord by his Office, and one of the great∣est men of the Land; under whose Govern∣ment is all the Princes Wealth contained in the Exchequer, as also the Check of all Officers any way employed in collecting Imposts, Tributes, or other Revenues belonging to the Crown, &c. Smith de Repub. Angl. lib. 2. ca. 14. See Anno 20 Ed. 3. ca. 6. and other Statutes rela∣ting to this Great Officer. There is also Trea∣surer of the Kings Houshold, who is also of the Privy-Council, and, in the absence of the Steward of the Kings houshold, has power, with the Controller and Steward of the Marshalsea, without Commission to hear and determin Trea∣sons, Murder, &c. committed within the Kings Palace. Stam. Pl. Cor. lib. 3. ca. 5. There is also in the Statutes mention of Treasurer of the Exchequer, Treasurer of the Navy, Treasu∣rer of the Kings Chamber, Treasurer of the Kings Wardrobe, Treasurer of the Wars, &c. And, most Corporations throughout the Kingdom, have an Officer of this Name, who receives their Rents, and disburseth their common expences.

Treat (From the French Traire, i. Emul∣ger••) Signifies as much as taken out, or with∣drawn: As a Juror was challenged because he could not dispend 40 l. and therefore was treat by the Statute (Old. Nat. Br. fo. 159.) that is, removed or discharged.

Trebuchet, (Terbichetum) A Tumbrel, or Cokestole, 3 Part. Inst. fo. 219. See Tribuch.

Treet (Triticum, i. Wheat.) In the Sta∣tute of 51 Hen. 3. Bread of Treet seems to be that bread which was made of fine Wheat. See Cocket.

Trental (Trentale) An Office for the Dead, continued thirty dayes, or consisting of thirty Masses; from the Italian Trenta, i. Triginta, mentioned Anno 1 Ed. 6. ca. 14.—Et volo & or∣dino quod Executores mei ordinant scu ordinare faciunt unum Trentall pro salute animae meae. Will proved, Anno 1456.

Trespass (Transgressio) Signifies any trans∣gression of the Law, under Treason, Felony or Misprision of either, Stam. pl. Cor. fo. 38. where he sayes, that for a Lord of the Parlia∣ment, to depart from the Parliament without the Kings licence, is neither Treason, nor Felo∣ny, but Trespass. But, it is most commonly used for that wrong or dammage, which is done by one private man to another, or to the King in his Forest; In which signification it is of two sorts, Trespass-general, otherwise termed vi & armis; and, Trespass-special, otherwise called Trespass upon the Case, which seems to be without force (howbeit sometimes they are confounded.) In an Action of Trespass the Plaintiff alwayes sues for Damages, or the value of the hurt done him by the Defendant. See Brokes Abridg. Tit. Trespass.

There is also Trespass local, and Trespass transitory; Trespass local is that, which is so annexed to a place certain, that if the Defen∣dant joyn issue upon the place, and traverse the place, onely by saying, absque hoc, that he did the Trespass in the place mentioned in the Declaration, and aver it, it is enough to de∣feat the action. Trespass transitory is that which cannot be defeated by the Defendants travense of the place, because the place is not material; but, Actions of Trespass quare Clausum frogi•• ought to be local. Bracton, lib. 4. ca. 34. num. 6. divides transgressionem in majorem & minor••m. See also New Book of Entries, verbo Trespass.

Trespassants, (Fr.) Passengers: so Brit∣ton uses it, ca. 29.

Trial, (Triatio) Is used for the examinati∣on of all causes Civil or Criminal before a Judge, according to the Laws of our Realm; of which there are divers kinds; as, Matters of Fact shall be tryed by the Jurors; Matters of Law, by the Justices; Matters of Record, by the Record it self. A Lord of Parliament, up∣on an Indictment of Treason, or Felony, shall be tryed without any Oath, by his Peers, upon their Honors and Allegiance; but, in appeal, at the Suit of any Subject, they shall be try'd per bonos & legales homines. If ancient Demeasne be pleaded of a Mannor, and deny'd, this shall be try'd by the Record of Domesday. Bastar∣dy, Excommengement, lawfulness of Marriage,

and other Ecclesiastical matters, shall be try'd by the Bishops Certificate. Of the ancient man∣ner of Trials by Combat, and great Assize, see Combat and Assise. See Stamf. pl. Cor. lib. 2. ca. 1, 2, 3. And Twelve Men. Triatio est exactis∣sima, litis contestatae, coram Judice, per duodecem∣virale sacramentum, exagitatio. Pat. 3. R. Joh. m. 3. in fidelitate Leulini. Statuitur de triatio∣ne differentiarum dicti Leulini, &c.

Tribuch & Trebuchet, (Terbichetum) A Tumbrel, Cuckingstole, or Gogingstole.—Haec omnia concedimus deo & Ecclesiae Sancti Alba∣ni, cum Soca & Sacca, on Stronde & Streme, on Wude & Feld, Toll & Teym, Tribuch, Ham∣soken, Murdre, Forestal, Danegeld, Infangenthef & Utfangenthef, Flemenefremthe, Blodwite, Wreck, &c. Carta Joh. Regis, Dat. 11 Junii, Anno 1 Regni.

Trihing, or Trithing, (Sax. Trihinga) contains three or four Hundreds, or the third part of a Shire or Province; Also a Court held within that Circuit, which was the same we now call a Court-leet, which is above a Court-Baron, and inferior to the County Court. Breve de At∣turnato de loquelis, &c. Regist. 266.—Provi∣sum est quod quilibet liber homo libere possit face∣re Atturnatum suum ad loquelas suas prose∣quendas & defendendas motas in Trithyngis, Co∣mitatibus, Wapentachiis & aliis Curiis sine breve nostro. Sur le Statute de Merton, ca. 10. Fiat autem visus de Franciplegio sic, viz. quod pax nostra teneatur, & quod Trithinga sit integra, si∣cut esse consuevit, &c. Mag. Char. ca. 36. See Fleta, lib. 2. ca. 61. & Origin. Jurid. fo. 26. See Lath.—Et volo quod dicti Monachi sint quieti & soluti ab omni scotto, Geldo, auxiliis vicecomitum, Hydagio, & a secta in Schiris, wa∣puntachis, Hundredis, Trithingis, & omnimodis aliis Curiis & saeculi oneribus universis. Carta Eadredi Regis Anno 948. Abb. & Monachis Croiland.

Trinity-house, Is a kind of Colledge at Debtford, belonging to a Company, or Corpora∣tion of Seafaring Men, who have power by the Kings Charter to take knowledge of those that destroy Sea-marks, and to redress their doings, as also to correct the faults of Saylors, &c. and to take care of divers other things belonging to Navigation and the Seas. Anno, 8 Eliz. ca. 13.

Trink, Is a kind of Fishing-net, or an Engin to catch fish, Anno 2 Hen. 6. ca. 15. Cokes 12 Rep. fo. 89. Mich. 9. Jac.

Triours, Are such who are chosen by the Court to examin whether a Challenge made to the Panel, or any of them be just, or no. Brook tit. Challenge, fo. 122. and Old. Nat. Br. fo. 158.

Trista.—In quo Rex cum caeteris superior constitisset, secundum legem venandi, quam vul∣gus Tristam vocant, singulis proceribus cum suis canibus singula loca delegat, ut obsessa undique bestia, ubicunque eligeret exitum, inveniret exiti∣um, &c. Decem Scriptores, fo. 367. Servitium vel Officium plane sapit, fiducia mixtum; Ori∣go, in fallor a nostratium Trust. Gloss. in x. Script. See Tristris.

Tristris, Tristis & Trista, (from Traist, i. Trust) Is an immunity, whereby a Man is freed from his attendance on the Lord of a Fo∣rest, when he is dispos'd to ch••se within the Forest, and shall not be compel••d to hold a dog, follow the chase, nor stand at a place appointed, which otherwise he might be, under pain of amercement, Manw. par. 1. pa. 86.—Et sint quieti, &c. de chevagio, Honde-peny, Buckstal & Tristris, & de omnibus misericur∣diis, &c. Privileg. de Semplingham. 4 Inst. fo. 306.

Thrithing, (Trithingum) In the Statute of Merton, ca. 10. signifies a Court consisting of three or four Hundreds, 2 Inst. fo. 99. See Trihing.

Tronage, (Tronagium) Is Custom, or Toll taken for weighing Wooll; Fleta, (lib. 2. ca. 12. Sect. Item ulnas) sayes, that Trona is a Beam to Weigh with, mentioned in West. 2. ca. 25.

Tronator, (from Trona, i. Statera) An Of∣ficer in the City of London, who weighs the Wool that is brought thither. See his Oath in the Book of Oathes, fo. 231.

Trover, (Fr. Trouver, i. Invenire) Is the name of an action, which a man hath against one, who, having found any of his Goods, refuseth to deliver them upon demand. See New Book of Entries, verbo Trover. Actions of detinue are of late much turned into Actions upon the Case, sur Trover & Conversion. Preface to Rolls A∣bridgment.

Troy-weight, (Pondus Troiae) See Weight.

Trug.—Tres Trugge frumenti vel avenae faciunt 2 Bushels infra Prebendam de Hunder∣ton in Ecclesia Heref. MS. de temp. E. 3. And, at Lempster at this day the Vicar has Trug Corn allow'd him for Officiating at some Chappels of ease, (as Stoke and Dorklay) within that Pa∣rish; Haply it may come from the Sax. Trog, which signifies a great hollow Vessel, or Trough.

Tumbrel, (Tumbrellum, turbichetum,) Is an engine of punishment, which ought to be in every liberty that has view of Frankpledge, for the correction and cooling of Scoldes, and un∣quiet Women, Kitchin, fo. 13. See Cucking∣stool. Item, si aliquis, qui in libertatem nostram, per assensum & consensum Comburgensium nostro∣rum, admissus fuerit, fecerit aliquod delictum, per quod ad penam publicam seu vile Judicium, ut ad Collistrigium vel Tumbrellum, vel aliquod aliud hujusmodi adjudicatus fuerit, pro perjuro reputa∣bitur, & ipso facto amittet libertatem suam. MS. Codex de LL. Statutis & Corfuetud. Burgi vil∣lae Mountgom. fo. 11.

Tun, Is a measure of Oyl or Wine contain∣ing twelve score and twelve Gallons, or four Hogsheads, Anno 1 Rich. 3. ca. 12. 2 Hen. 6. ca. 11. and 12 Car. 2. ca. 4. a Tun of Tim∣ber is 40 solid feet; a Load 50.

Tun-greve, (Sax. Tungeraefa, i. Villae prae∣positus) A Reeve, or Bailiff; qui in villis (& quae dicimus Maneriis) Domini personam sustinet,

ejusque vice omnia disponat & moderatur. Spel∣man.

Tunnage, al. Tonnage, (tunnagium & ton∣nagium) Is a Custom or Impost due for Mer∣chandise brought or carried in Tuns, and such like vessels, from or to other Nations after a certain rate for every Tun, An. 12 Edw. 4. ca. 3.—6 Hen. 8. ca. 14.—1 Ed. 6. ca. 13.—1 Jac. ca. 33. & 12 Car. 2. ca. 4. It is sometimes used for a duty due to the Mariners for unloading their Ship, arrived in any Havens, after the rate of so much a Tun. Tunnage and Poundage began in the 45th of Edward the third. Cottoni posthuma, fo. 172. See 4 Inst. fo. 32.

Turbary, (turbaria, from turba, a turf) Is a right or interest to dig turves on another mans ground, Kitchin, fo. 94. And, Common of Tur∣bary is a liberty which some Tenants have by prescription to dig turves on the Lords Waste. Turbaria is sometimes also taken for the ground where turves are digged.

Turn, (turnum) Is the Sheriffs Court, kept twice every year, viz. within a Moneth after Easter, and Michaclmas. Mag. Charta, ca. 35. & 3 Edw. 3. ca. 15. From this Court are ex∣empt onely Arch-bishops, Bishops, Abbots, Pri∣ors, Earls, Barons, all Religious men and wo∣men, and all such as have Hundreds of their own to be kept. Anno 25 Hen. 3. ca. 10. Brit∣ton, (ca. 29.) calls it Tour, (i. ambitus, circui∣tus.) It is a Court of Record in all things that pertain to it, it is the Kings Leet through all the County, and the Sheriff is Judge, and this Court is incident to his Office. See Cromp. Jur. fo. 230. and 4 Inst. fo. 260.

Turney or Tournement (Fr. Tourney, i. Decur∣sorium) Signifies a Martial exercise of Knights or Gentlemen fighting on horseback one with ano∣ther in disport, and is thus defined, Torneamenta dicuntur nundinae vel feriae, in quibus milites ex condicto convenire, & ad ostentationem virium sua∣rum & audaciae, temere congredi solent. This word is used in the Statute 24 Hen. 8. ca. 13. but, the thing it self is now disused.

Turno vicecomitum, Is a Writ that lies for those that are called to the Sheriffs Turn out of their own Hundred, Reg. of Writs, fo. 174.

Twaite, Signifies a wood grubbed up, and turned to Arable. Coke on Litt. fo. 4. b.

Twa nights geste, (Hospes duarum noctium) If he did harm to any, his Host was not answera∣ble for it, but himself. Hoveden, parte poster. fo. 345. b. See Third-nights-awn-hine.

Twelve men, (duodecim homines legales,) otherwise called the Jury, or Enquest, is a number of twelve persons, or upwards to twen∣ty four, by whose Oath, as to matters of Fact, all Trials pass both in Civil and Criminal Cau∣ses, through all Courts of the Common Law in this Realm. In Civil Causes, when proof is made of the matter in question, the point of the Fact (on which they are to give their ver∣dict) is deliver'd likewise to them, which we call the Issue, then they are put in mind of their Oath, to do right, and are, by the Judges, sum∣ming up the evidence, sent out of the Court, by themselves to consider upon the Evidence on both sides, untill they are agreed: which done, they return to the Court, and deliver their ver∣dict by the Mouth of their Foreman; accor∣ding to which (if the matter be not arrested, or staid by the discretion of the Judge or the Court,) the Judgment passeth.

In Causes Criminal there are two sorts of Enquests, one called the Grand Enquest, the other the Enquest of life and death; The first is so called, either because it consists of sixteen at the least, or else because all causes Criminal or Penal first pass through them; whereas the other Enquest is especially appointed for one or few matters touching life and death. Those of the Grand Enquest are called by Bracton, 12 Milites; because they were wont to be Knights, if so many could be had. And their Fun∣ction is to receive all Presentments of any Of∣fence, and accordingly to give their general opinion of them, by writing either these words billa vera upon the Bill of Presentment, which is an Inditement of the Party presented, or else Ignoramus, which is a doubting of the Fact presented. Of this read more in Inditement, Assise, Jury. See the Statute 35 Hen. 8. ca. 6. & 37 ejusdem, ca. 22.—2 Ed. 6. ca. 32. & 5 Eliz. ca. 25.

Tymber of skins, Is 40 skins. Book of Rates, fo. 18.

Tympeny. Abbas & Monachi Rading.—Sint quieti de tributis & lastagiis & stallagiis de Thething-peny & Tympeny, de summonitionibus de Assisis & super assisis, &c. In Memorand. Scacc. de Anno 20 Ed. 3. int. Record. de Trin. Rot. 3. I find it elsewhere written Tinpeny. Mon. Angl. 1 Par. fo. 419. a. Quaere.

U.

VAcation, (Vacatio) Is all the time respect∣ively, betwixt the end of every Term and beginning of the next; when such times began and ended in our Ancestors dayes. See Hove∣dens Annals, Par post. fo. 343. a. where you shall find that this intermission was called Pax dei & Ecclesiae. Also the time from the death of a Bishop or other Spiritual person, till the Bishoprick, or other Dignity be supplyed with another, is called Vacation. Westm. 1. ca. 21. & 14 Edw. 3. ca. 4. & 5. See Plenarty.

Uaccarie, alias Uaccharie, (Vaccaria, al. Vaccharia, and Vacheria) Is a House or place to keep Cowes in. Fleta, lib. 2. ca. 41. Domus sive locus quo vaccae aluntur, vel quo negotium quod ad eos attinet perficitur. Spelm. A Dairy∣house. Without warrant no Subject may have a Vaccary within the Forrest, Crom. Jur. fo. 194. But, in the Stat. 37 Hen. 8. ca. 16. Vacchary seems to be a special name of a certain compass of ground within the Forest of Ashdown.

Uaga. See Waga.

Uagabond, (Vagabundus) One that wan∣ders about, and has no certain dwelling, an idle Fellow. Rogues, Vagabonds, and sturdy Beggars, mentioned in divers Statutes.—De Vagabundis & aliis hominibus mendicantibus qui se nominant, Travelyng-men, &c. Charta, 22 Hen. 6. m. 34. n. 36. Item utimur, quod nul∣lus Vagabundus vagetur seu deambulet de nocte in villa seu suburbio ejusdem post pulsationem Campa∣nae nostrae communis, vocatae Coverfu, Et si ali∣quis ibidem capiatur post pulsationem dictae Cam∣panae ducatur ad Gaolam Domini Regis, & ibi mo∣rabitur usque in crastinum. ut noticia personae suae habeatur, & emendas faciet ad voluntatem Bali∣vorum & Comburgensium, & per Balivos Capita∣les liberetur, si hoc petat. MS. Codex de Legibus & Statutis Burgi-villae Mountgomer. a tempo∣re, Hen. 2.

Ualect, Ualet, or Uadelect, (Valettus vel valecta. Qui juxta dominum vadit seu ministrat. Fr▪ Valet.) A Servitor, or Gentleman of the Privy-Chamber, according to Cambden. In the accounts of the Inner-temple it is used for a Benchers Clerk, or Servant; The Butlers of the House corruptly call them Varlets. In Reg. of Writs, 25. b. Valettus. If the Sheriff be a Va∣delect of the Crown, &c. Coke on Lit. fo. 156. Sciant—Quod ego Henricus Comes Lanca∣striae & Leicestr. Senescallus Angliae Dendimus—Dilecto Valetto nostro Johanni le Blount no∣vem acras terrae cum pertin. in Holland in Foresta nostra de Duffeld, &c. Dat. apud Hegham Fer∣rers 3 die Junii 5 Ed. 3. Penes Wal. Kirkham Blount Bar.

Valet was anciently a name specially denoting young Gentlemen, though of great descent or quality, but now given to those of the rank of Yeomen. Seldens titles of Honour, fo. 831.

Ualue, (Valentia, valor) Is a known word; but, West gives us a nice difference betwixt va∣lue and price.—The value, sayes he, of those things, in which offences are committed, is usu∣ally comprized in Inditements, which seems necessary in Theft, to make a difference from petit Larceny, and in Trespass to aggravate the fault, and increase the Fine: But, no price of things ferae naturae may be expressed, as of Deer, Hares, &c. if they be not in Parks and War∣rens, which is a liberty. Anno 8 Ed. 4. fo. 5. nor of Charters of Land. And, where the number of the things taken are to be express'd in the Inditement, as of young Doves in a Dove∣house, there must be said pretii, or ad valenti∣am; but, of divers dead things, ad valentiam, and not pretii. Of Coin not current, it shall be pretii, but of Coin Current it▪ shall neither be said pretii, nor ad valentiam, for the price and value thereof is certain, &c. Par. 2. Symbol. tit. Inditements. Sect. 70. V. W.

Ualor of Marriage, (Valore maritagii) Was a Writ that lay for the Lord, having profer'd Covenable Marriage to the Infant, and he refu∣sing it, to recover the value of the Marriage. Old. Nat. Br. fo. 90. but taken away by the Sta∣tute 12 Car. 2. ca. 24.

Uantarius, Praecursor. As Vantarius Regis, the Kings fore-foot-man. Richardus Rockesle, miles tenebat terras Seatoniae per Scriantiam esse Vantarium Regis in Gascoign, donec perusus fuit pari solutarum precii 4 d. i. dum trivisset par cal∣ceorum pretii 4 d. Rot. de Finibus. Term. Mich. 2 Ed. 2.

Uariance, (From the Fr. Varier, i. Alterare▪) Signifies an alteration or change of condition, after a thing done. As, the Commonalty of a Town make a composition with an Abbot, and after obtain Bailiffs by grant from the King. In this case, if the Abbot commence any Sute for breach of the composition, he must vary from the word Commonalty set down in the Composi∣tion, and use Bailiffs and Commonalty. Brook, tit. variance, fo. 292. It is also used for an al∣teration of something formerly laid in a Plea. See Variance in the New Book of Entries.

Uarlets, By a Repealed Statute of 20 Rich. 2. cap. 2. were used for Yomen, or Yomen-ser∣vants. See Valects, and the Statute 3 Car. 1. ca. 4. Will. Hunt Varlet del Chambre nostre Seig∣neur le Roy. Claus. 12 Rich. 2. M. 43. in dorso.

Uaslet, (Vaslettus)—Concordia inter Re∣gem & Radulphum de Normanvil, viz. quod Rad. tenebit in servitio Regis Geroldum & Radulphum milites, filios suos, quamdiu guerra sua duraverit, per sic, quod Rex ei remittat CC. Marcas quas debebant Regi Johanni de Fine pro redemptione dicti Geroldi, & per sic deberetur; Thomas filius dicti Radulphi Vaslettus in custodia Regis, qui si∣militer morabatur in servitio Regis cum praedictis Geroldo & Radulpho fratribus suis. Pat. 1 Hen. 3. in dorso M. 13. It seems here to signifie a Ward. See Valect.

Uassal, (Vassallus,) From the Germ. Ges∣sel. i. Comes qui mercede servit) Signifies him that holds Land in Fee of his Lord, we call him more usually a Tenant in Fee, whereof some owe fidelity and service, and are called vasalli jurati. But, the word being little used in our Law Books, make me waive that enlargement which Cowel makes upon it.

Uasto, Is a Writ that lies for the Heir a∣gainst the Tenant for life or years, for making waste, or for him in the reversion or remainder. Fitz. Nat. Br. fo. 55 See the Statute 6 Ed. 1. ca. 5.

Uavasor, alias Ualvasor, Is one who in dignity is next a Baron. Cambd. Brit. pa. 109.—Bracton, lib. 1. ea. 8. sayes thus of them—Sunt & alii potentes sub Rege, qui dicuntur Ba∣rones, hoc est, robur belli; sunt & alii qui dicuntur vavasores, viri magnae dignitatis: vavasor enim, ni∣hil melius dici poterit, quam vas sortitum ad vale∣tudinem.—Rex, &c. Ballivis Petri de Pratel∣lis de Insula Gerse & Gernse, &c. volumus—quod Episcopi, Abbates, Abbatissae, Clerici, Milites, vavassores, & alii qui redditus & tenementa ha∣bent in Insula Gersey, &c. quintam partem red∣dituum suorum unius anni, &c. praebeant ad su∣stentandum milites & servientes qui praedictas In∣sulas defendunt. Pat. 5 Joh. M. 7. See more of these in the learned Spelmans Gloss.

Uavasorie (Vavasoria) The Lands that a Vavasor held—Quod dicitur de Baronia non est observandum in Vavasoria, vel aliis minori∣bus feodis quam Baronia, quia caput non habent sicut Baronia. Bract. lib. 2. cap. 39.

Ueal-Money, or Ueal noble Money, The Tenants of one of the Tithings within the Mannor of Bradford in Com. Wilts, pay a yearly Rent by this name to their Lord, the Marquess of Winchester, which is in lieu of Veal paid formerly in kinde.

Uejours (Visores, from the Fr. Veoir, i. Cernere, intueri) Are those that are sent by the Court to take view of any place in question, for the better decision of the right. Old Nat. Br. fol. 112. So Bracton uses it, Lib. 5. tract. 3. cap. 8. It signifies also those that are sent to view such as Essoign themselves De malo lecti, whether they are in truth so sick, as they cannot appear, or whether they counterfeit. Bracton, lib. 5. tract. 2. cap. 10. & 14. Lastly, It is used for those that are sent or appointed to view an offence, as a Man murdered, or a Virgin ra∣vished. See View.

Uenditioni exponas, Is a Writ Judicial, directed to the Under-Sheriff commanding him to sell goods, which he hath formerly, by com∣mandment, taken into his hands for the satis∣fying a Judgment given in the Kings Court. Reg. Judie. fol. 33. And Anno 14 Car. 2. cap. 21.

Uenire facias, Is a Writ Judicial, going out of the Record, and lies where two parties plead, and come to Issue; for then the party Plaintiff or Defendant, shall have this Writ directed to the Sheriff, to cause Twelve Men of the same County to say the truth upon the Issue taken: And if the Enquest come not at the day of this Writ returned, then shall go a Habeas Corpora, and after a Distress, until they come. Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial. There is also a Writ of this name, that is original, as appears in the Reg. of Writs, fol. 200. Which Lambert in his Processes an∣nexed to his Eiren. says, is the common Pro∣cess upon any Presentment, not being Felony, nor specially appointed for the fault presented by Statute, whereof he sets down an example in the same place. See also the New Book of Entries, verbo, Enquest, fol. 253. And the Stat. 35 Hen. 8. cap. 5.

Uenire facias tot matronas. See Ventre inspiciendo, and Lamb. Eiren. lib. 4. cap. 14. pag. 532.

Uentre inspiciendo, Is a Writ for the search of a Woman, that says she is with childe, and thereby withholds Land from him that is next Heir at Law. Register of Writs, fol. 227. a.

Uenue or Uenew (Vicinetum al. Visnetum) Is taken for a neighboring or near place, Locus quem vicini, habitant. For example, Twelve of the Assise ought to be of the same Venew, where the Demand is made. Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6.—And also shall return in every such Panel upon the Venire facias, six sufficient Hundreders, at the least, if there be so many within the Hundred, where the Venue lies. See Visne.

Uerd. See Vert.

Uerderor (Viridarius, Fr. Verdeur, i. Custos nemoris) Is a Judicial Officer of the Kings Forest, chosen by the Kings Writ in the full County of the same shire, within the Forest where he dwells, and is sworn to maintain and keep the Assises of the Forest, and to view, re∣ceive, and enrol the Attachments and Present∣ments of all manner of Trespasses of Vert and Venison in the Forest. Manwood, par. 1. pag. 332. His office is properly to look to the Vert, and see it be well maintained. Cromp. Jurisd. fol. 165. His Oath, Fee, and Authority, see in Manwood supra, and fol. 51.

Uerdict (Verdictum, quasi dictum veritatis) Is the Answer of a Jury or Enquest made up∣on any Cause, Civil, or Criminal, committed by the Court to their tryal; which is twofold, General or Special. Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict, is that, which is given or brought into the Court in like general terms to the General Issue; as in an Action of Disseisin, the Defendant pleads, No wrong, no Disseisin: Then the Issue is General, whether the Fact be a wrong or not, which being committed to the Jury, they, upon consideration of their evi∣dence, come in and say, either for the Plain∣tiff, that it is a wrong and Disseisin, or for the Defendant, that it is no wrong, no Dissei∣sin.

A Special Verdict, is, when they say at large, that such a thing, and such they finde to be done by the Defendant or Tenant, so declaring the course of the Fact, as in their opinion it is proved, and as to the Law upon the Fact, they pray the Judgment of the Court. And this Special Verdict, if it contain any ample De∣claration of the Cause; from the beginning to the end, is also called a Verdict at large; where∣of read divers examples in Stamf. ubi supra. New Book of Entries, verbo, Verdict. And Coke on Littl. fol. 228. a. Item utimnr, quod Balivi & Coronatores Burgi nostri usi fuerint & adhuc u∣tuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum prae∣dictum seu ejus libertatem emergenti sive contin∣genti, Senesealli praesentia nullo modo expectata. MS. Codex de LL. & Statutis Burgi-villae Mountgomer. fol. 15.

Uerge (Virgata) Is used for the compass of the Kings Court, which bounds the Jurisdicti∣on of the Lord Steward of the Kings Hous∣hold, and of the Coroner of the Kings House, and that seems to have been twelve miles com∣pass, Anno 13 Rich. 2. stat. 1. cap. 3. Britton, fol. 68. & 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta (lib. 2. cap. 4. sect. 1) says, This compass about the Court is cal∣led Virgata, a Virga, quam Marishallus portat ut signum suae potestatis.

Verge is also used for a Stick or Rod, where∣by one is admitted Tenant, and, holding it in his hand, swears Fealty, to the Lord of a Mannor, who is therefore called Tenant by the Verge. Old Nat. Br. fol. 17.

Uerge of Land (Anno 28 Edw. 1 Statute of Wards) Virgata terrae. See Yard-land.

Uergers (Virgatores) Are such as carry White Wands before the Justices of either Bench, &c. Fleta, lib. 2. cap. 38. otherwise call∣ed Porters of the Verge.

Uery Lord, and very Tenant (Verus Dominus, & verus Tenens) Are those that are immediate Lord and Tenant one to another. Brook, tit. Hariot, fol. 23. In Old Nat. Br. fol. 42. You have these words—And know ye that in taking of Leases, six things are necessary, viz. Very Lord, and very Tenant. Service behinde; the day of the taking; Seisin of the Services and within his Fee. And, that a Man is not very Tenant, until he have atturned to the Lord by some service. See Anno 19 Hen. 7. cap. 15. And see Tenant.

Uert (Fr. Verd, i. Viridis) Otherwise called Greenhue, signifies in the Forest Laws, every thing that grows and bears green Leaf within the Forest, that may cover a Deer. Manwood, 2 Part. fol. 6. & 33. Vert is divided into Over Vert, and Neather Vert. Over Vert is that which our Law-Books call Hault Bois, and Neather Vert, South-bois. And of this you may read Manwood, 2 par. cap. 6. per totum. Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest. See 4 Inst. fol. 317.

Uervise, Otherwise called Plonkets. Anno 1 Rich. 3. cap. 8. A kinde of Cloth.

Uesses. Anno 1 Rich. 3. cap. 8. And Anno 14 & 15 Hen. 8. cap. 11. otherwise called Set Cloaths, most commonly made in Suffolk.

Uest (Vestire) Plenam possessionem terrae vel praedii tradere; saisinam dare, infeodare. Says Spelman.

Uestry-men (Anno 15 Car. 2. cap. 5.) Are a select number of the cheif Parishioners of e∣very Parish within the City of London, and Sub∣urbs, and elswhere, who yearly chuse Officers for the Parish, and take care of its concern∣ments, so called, because they usually meet in the Vestry of the Church.

Uesture (Vesturd▪ Signifies a Garment, but we turn it Metaphorically to betoken a Posses∣sion, or an admittance to a Possession, or Sei∣sin: So is it taken in Westm. 2. cap. 25. And in this signification it is borrowed from the Feu∣dists, with whom Investitara, imports a De∣livery of Possession by a Spear or Staff, and Vestura, Possession it self. Hottoman, verbo, Investitura. Vestura terrae, i. Segetes quibus terra Vestitur. MS.

Uesture of an Acre of Land (Anno 14 Edw. 1. stat. 1. Is the profit of it. So in Extenta Manerii 4 Edw. 1. It is inquirable, How much the Vesture of an Acre is worth, and how much the Land is worth, when the Wood is felled.

Uetitum namium, Namium signifies a Taking or Distress, and Vetitum, forbidden; as when the Bailiff of a Lord Distrains Beasts or Goods, and the Lord forbids his Bailiff to deliver them, when the Sheriff comes to Re∣plevy them, and to that end, drives them to places unknown; or when, without any words, they are so eloigned, as they cannot be reple∣vied. Divers Lords of Hundreds, and Court Barons have power to hold Plea De Vetito Na∣mio, in old Books called De Vet. 2 Inst. fol. 140. Sir Henry Spelman says it is Antiqua Juris nostri locutio, & brevis Regis nomen. See Naam.

Uicario deliberando occasione cujusdam Recognitionis, &c. Is a Writ that lies for a Spiritual Person, imprisoned upon forfeiture of a Recognisance, without the Kings Writ. Reg. of Writs, fol. 147.

Uicis & venellis Mundandis, Is a Writ that lies against a Major or Bailiffs of a Town, &c. for the clean keeping their Streets. Reg. of Writs, fol. 267. b.

Uicar (Vicarius) The Priest of every Parish is called Rector, unless the Predial Tithes be impropriated, and then he is called Vicar, Quasi vice fungens Rectoris. Sciant—quod ego Johannes Webbe perpetuus Vicarius Ecclesiae Pa∣rochialis de Bromyord Dedi—Domino David Hay perpetuo Vicario Ecclesiae Parochialis de Anenebury duas acras terrae, &c. Dat. 8 Hen. 5. They stiled themselves Perpetui Vicarii, be∣cause every Vicaridge hath a constant Succession, as a Corporation, and never dies. The Ca∣nonists mention four species of Vicars: Qui∣dam sunt perpetui, ad Parochiales Ecclesias con∣stituti; quidam non perpetui, sed ad aliquos actus constituti, ut temporales; & isti dicuntur, mer∣cenarii: Quidam sunt speciales, non ad cu∣ram, sed ad certum locum, articulum vel actum constituti: Quidam nec perpetui, nec ad curam, nec ad certum actum, sed generaliter dantur ad omnia. See Vocab. utriusque Juris, verbo Vicarius.

Uice-Chamberlain, called Under-Cham∣berlain (Anno 13 Rich. 2. stat. 2. cap. 1.) Is a great Officer in Court, next under the Lord Chamberlain, and in his absence hath the com∣mand and controlment of all Officers whatso∣ever, appertaining to that part of his Majesties Houshold, which is called the Chamber, or above stairs.

Uicegerent (Anno 31 Hen. 8. cap. 10.) A Deputy or Lieutenant.

Uicinage (Fr. Voisinage) Neighborhood, nearness. Mag. Char. cap. 14. See Venue.

Uicinetum. See Visne.

Uicount alias Uiscount (Vicecomes) Signi∣fies as much as Sheriff: Between which two words, I finde no other difference, but that the one comes from our Conquerors the Normans, the other from our Ancestors the Saxons, of which, see more in Sheriff.

Vicount also signifies a degree of nobility next to an Earl, which Camden (Britan. pag. 170.) says, Is an old name of Office, but a

new one of dignity, never heard of among us till Henry the Sixths dayes, who, in his eighteenth year, in Parliament created John Lord Beaumont, Viscount Beaumont, but far more ancient in other Countries. Cassan. de Gloria mundi, par. 5. consider. 55. See Sheriff. And Seldens Titles of Honor, fo. 761.

Uicountiels, (Vicecomitilia) Are certain Ferms, for which the Sheriff pays a rent to the King, and makes what profit he can of them. v. Stat. 33. & 34 Hen. 8. ca. 16.—2 & 3 Ed. 6. ca. 4. & 4 Hen. 5. ca. 2. Writs Vicountiel are such Writs as are triable in the County, or She∣riffs Court. Old Nat. Br. fo. 109. of which kind you may see divers Writs of Nusance set down by Fitzh. in his Nat. Br. fo. 184. b. See Anno 6 Rich. 2. ca. 3.

Uicountiel Rents, Mentioned 22 Car. 2. ca. 6. see Vicountiels.

Uidimus, (Anno 15 Hen. 6. ca. 3.) See Innotescimus.

Uiew, (Fr. Veue, i. Visus, conspectus) Sig∣nifies the act of Viewers: For, when any Action real is brought, and the Tenant knows not well what land it is that the Demandant asks, then he may pray the view, which is, that he may see the land which is claimed, of this Britton writes, ca. 45. This course of proceeding we received from the Normans, as appears by the grand Custumary, ca. 66. and 80. This view is used, as in other cases, so in an Assise of rent∣service, rent charge, or rent seck. Fitz. Nat. Brev. fo. 178. and in a Writ de Curia clau∣denda. Idem, fo. 128. In a Writ of Nusance, idem. fo. 183. In a Writ Quo jure. Idem, fo. 128. In the Writ de rationabilibus divisis. Idem, fv. 129. And, in the Writ de secta ad molendi∣num. Idem, fo. 123. see the New Book of En∣tries, verbo, view, and, how this view is made, in Fleta, lib. 4. ca. 6. See Veiours, and Westm. 2. ca. 48.

Uiew of Frankpledge, (Visus Franci ple∣gii) Is the Office which the Sheriff in his Coun∣ty Court, or the Bailiff in his Hundred per∣forms, in looking to the Kings peace, and see∣ing that every man be in some pledge. This is called by Bracton, Res quasi sacra, quia solam personam Regis respicit, & introducta pro pace & communi utilitate, lib. 2. ca. 16. num. 8. See Frankpledge, Leet & Decennier. See New Book of Entries on this word.

Ui laica removendo, Is a Writ that lies for the removing a forcible possession of a Bene∣fice, kept by Lay-men; and is sometimes granted upon the Certificate of the Bishop into the Chancery, that there is such a force in his Diocess; sometimes onely upon a surmise there∣of made by the Ineumbent himself, and has a several form for either case. Fitz. Nat. Brev. fo. 54. Reg. of Writs, fo. 59 & 60.

Uigil, (Vigilia) Anno 2 & 3 Ed. 6. ca. 19. is used for the eve or day next before any so∣lemn Feast; because then Christians of old were wont to watch, fast and pray in their Churches.

Uill, (Villa) Is taken for a Mannor, and sometimes for a Parish, or part of it. Villa, apud Saxones nostros antiquos Romano sensu ac∣cipi videtur, pro praedio unius alicujus in rure, cum idoneis aedibus ad reponendos cjusdem fructus honestato. Non autem primitus pro multarum mansionum connexione, quod in oppidis potius ex∣petendum esset, & successivis temporibus villis po∣stea introductum est. Spelman. Vill and Parish shall be intended all one, 2 Part Crokes Rep. Wreys Case, fo. 263. yet there may be two Vills in one Parish, idem, fo. 120. Storks Case.

Uillain, (Villanus) Fr. Vilain, i. Illibera∣lis, vilis, impurus) Signifies a Bondman; of which there were two sorts in England, one termed a Villain in gross, who was immediately bound to the person of his Lord and his heirs; the other a Villain regardant to a Mannor, whom the Civilians term Glebae adscriptitium, being bound to their Lord, as Members belonging to, and annexed to a Mannor, whereof the Lord was owner. Sir Thomas Smith Repub. Angl. lib. 3. ca. 8. Old. Nat. Br. fo. 8. & Bracton, lib. 1. ca. 6. num. 4. He was properly a pure Vil∣lain, of whom the Lord took redemption to marry his Daughter, and to make him free, and whom the Lord might put out of his Lands and Tenements, Goods and Chattels at his will, and beat and chastise, but not maim him. There are not properly any Villains now, though the Law concerning them stands un-repealed; We have rarely heard of any Case of Villenage, since Crouches Case in Dyer. See Preface to Rolls Abridgment. Servorum enim & Nativo∣rum apud nos sublata est conditio; & quas ideo possidebant terras vel praedia, hodie libere tenent sub antiquae servitutis consuetudinibus. Spel.

Omnibus—Frater Mathaeus Abbas de Ha∣lesoweign & Conventus ejusdem loci salutem. No∣veritis nos unanima voluntate & concensu fecisse Johannem del Grene de Rug eakur liberum, cum tota sequela sua procreata & procreanda, & cum omnibus catallis suis habitis & habendis. Ita ve∣ro quod praefatus Johannes, cum tota sequela sua procreata & procreanda & cum omnibus catallis suis habitis & habendis, ab omni jugo servitutis liberi maneant imperpetuum. In cujus ••ei testi∣monium huic literae libertatis sigillum nostrum ap∣posuimus. Dat. 31 Ed. 3. Ex ipso Autographo penes Johannem Winsord Mil.

Uillanis Regis subtructis reducendis, Was a Writ that lay for the Soringing back of the Kings Bondmen, that had been carryed away by others out of his Mannors, whereto they belonged. Reg. of Writs, fo. 87. b.

Uillanous Judgment, (Villanum Judici∣um) Is that which casts the reproach of villany and shame upon him against whom it is given, as a Conspirator, &c. Stamf. Pl. Cor. lib. 3. ca. 12. fo. 175. which Lam. in his Eiren. (lib. 1. ca. 13. pa. 63.) calls villanous punishment, and sayes, it may well be called villanous, because the Judgment in such a case, shall be like the ancient Judgment in Attaint (as it is said An∣no 4 Hen. 5. Fitz. Judgment, 220) and (in 27 lib. Assis. pl. 59.) is set down to be, that

they shall not be of any credit afterward, nor law∣ful for them in person to approach the Kings Court, and that their Lands and Goods be seised into the Kings hands, their Trees rooted up, and their Bodies imprisoned, &c. And, at this day, the punishment appointed for Perjury, (having somewhat more in it then corporal, or pecunia∣ry pain, strotching to the discrediting the testi∣mony of the Offendor for ever) may be parta∣ker of this name. This and such like is else∣where termed vile & odibile Judicium. See Pillory.

Uillein fleeces, (Anno 31 Edw. 3 ca. 8.) Are bad fleeces of Wool, that are shorn from scabb'd Sheep.

Uillenage, (Villenagium) Signifies a ser∣vile kind of tenure of Lands or Tenements, whereby the Tenant was bound to do all such services as the Lord commanded, or were fit for a villain to perform; ubi sciri non poterit vespere, quale servitium fieri debet mane. Bra∣cton, lib. 2. ca. 8. num. 3. The division of Villenage, was villain of Blood, and of Tenure. Te∣nure in Villenage could make no Freeman villain, if it were not continued time out of mind; nor free land make villain free. Villenage is also divided by Bracton (ubi supra) into Purum villenagium a quo praestatur servitium incertum & indeterminatum, as above is said; and Villena∣gium Soccagium, which was to carry the Lords Dung into his Fields, to plow his ground at certain dayes, Sow and Reap his Corn, &c. and even to empty his Jakes, as the Inhabitants of Bickton were bound to do those of Clun Castle in Shropshire, which was afterwards turned into a Rent, now called Bicton silver, and the villa∣nous service excused.

Placita de Banco a die Pasche in 15 dies, 34 Hen. 3. Rot. 20 Berks.

WIll. Maynard, qui tenuit terras in Heurst, cognoscit se esse Villanum Abbatis de Ab∣bendon, & tenere de eo in Villenagio & per villa∣nas consuetudines, viz. per servitium 18 d. per annum & dandi Maritagium & Marchetum pro filia & sorore sua, ad voluntatem ipsius Abbatis, & faciendo omnes villanas consuetudines. Co∣pyholders, or Tenants by Copy is but a new name; for anciently they were called Tenants in Villenage, or of base Tenure. Fitz. Nat. Br. fo. 28. C.

Uinnet, (Anno 14 Car. 2. ca. 33.) A kind of flower or border, with which Printers use to garnish printed leaves.

Uirgata terrae, Al. Virga terrae. A Yard∣land. MS. Codex.—Decem acrae terrae fa∣ciunt secundum antiquam consuetudinem, unam ferdellam, & quatuor ferdellae faciunt virgatam. See Yardland.

Uiridario eligendo, Is a Writ that lies for the choice of a Verderor in the Forest. Reg. of Writs, fo. 177.

Uirilia, A mans privy-members; the cut¦ting off of which was Felony by the Common-Law, (according to Bracton, lib. 3. fo. 144.) whether the party consented or not. Henricus Hall & A. uxor ejus capti & detenti in prisona de Evilchester, eo quod rectati fuerint quod ipsi abs∣ciderunt virilia Johannis Monacbi, quem idem Henricus deprehendit cum praedicta A. uxore ejus. Rot. Claus. 13. Hen. 3. m. 9.

Uirga ferrea,—Sciant—quod ego Ha∣mundus Urri dedi—Nich. filio Edde pro viii 5. sterlingis quos mihi dedit prae manibus, unam placetam terrae meae in vico versus Dustelee, quae jacet inter terram meam & terram Philipp•• fili•• Heylin, cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium, & to∣tidem aretro, &c. Ex libro Cart. Prior. Leo∣minstr. This was so many yards, according to the Kings Standard in the Exchequer, which an∣ciently was of Iron, now Brass.

Uisitation, (Visitatio) Is that Office or Acti∣on which is perform'd by the Bishop in every Diocess once in every three years, or by the Arch-deacon once a year, by visiting the Churches, and their Rectors, &c.—Ut populus illorum curae commissus salubriter a pastoribus & ordine gubernetur. Reform. Leg. Eccles. fo. 124. Ne quid detrimenti capiat Ecclesia, sayes another Author.

Uisitation of Manners, (Visitatio morum) Was wont to be the name of the Regarders Of∣fice in ancient time. Manwood, Par. 1. pa. 195. See Regarder.

Uisne, (Vicinetum) Signifies a Neighbour∣place, or a place near at hand. Anno 16 Rich. 2. ca. 6. dicitur vicinetum in Jure nostro locus quem vicini habitant, qui olim intelligebantur de eadem villa sive adjacentibus, atque alias de eo∣dem Hundredo vel proximit; modo vero de eodem pago, sive Comitatu, 〈◊〉〈◊〉 hoc est compagenses. Spelm. See Venew.

Uisu Franciplegii, Is a Writ, to exempt him from coming to the View of Frankpledge, who is not resident within the Hundred; For men are bound to this View, by reason of their habitation, and not of Lands held where they dwell not. Reg. of Writs, fo. 175.

Uitteller alias Uictualer (Victualarius al. Vitellarius) Is he that sells Victuals; for whom there is a Writ in Fitz. Nat. Br. fol. 172. If they exercise their Trade, bearing a Magistracy in any Town Corporate.

Uiva pecunia, Anciently used for live Cattle. See Pecunia.

Uiva voce. See Deposition.

Uivary (Vivarium) Signifies a place on Land, or Water, where living things are kept. In Law it most commonly signifies a Park, Warren, Fish-pond, or Piscary. Cokes second part Inst. fol. 100. Haec est conventio inter Priorem & Conventum Canonicorum de Rudham & Roge∣rum de Glanvilla, de Molendino & stagno de Thorp, sc. quod Canonici reddent annuatim prae∣fato Rogero 7 sol. quemadmodum pater ejus Ro∣bertus de Glanvilla solebat habere tempore Mi∣chaelis Prioris; & si Rogerus de Glanvilla fue∣rit

in Ructon vel uxor ejus, ipse poterit piscari in Vivario absque Wasto cum Batello Canonicorum, &c. Anno 1171. 8 Maii. M. S. Penes Gul. Dugdale Arm.

Ulnage. See Alnage.

Uncore prists, Is a Plea for the Defendant, being sued for a debt due at a day past, to save the forfeiture of his Bond; saying, he tendred the debt at the time and place, and that there was none to receive it, and that he is yet also ready to pay the same. 7 Edw. 6. 83 Dyer. See Unques prist.

Uncuth (Sax.) Unknown. It is used in the ancient Saxon Laws, for him that comes to an Inn guest-wise, and lies there but one night; in which case his Host was not bound to answer for any offence he committed, whereof he was guiltless himself. See Lamb. Archai. fol. 133. num. 7.—Item secundum antiquam consuctu∣dinem dici poterit de familia alicujus, qui hospes fuerit cum alio per tres noctes; quia prima nocte poterit dici Uncuth Secunda vero Gust, tertia nocte Hoghenehine. Bracton, lib. 3. cap. 10. num. 2. See Thirdnightawnhine.

Unde nihil habet, Is a Writ. See Dote unde nihil habet.

Under-chamberlain of the Exchequer, Is an Officer there, that cleaves the Tallies, writ∣ten by the Clerk of the Tallies, and reads the same, that the Clerk of the Pell, and the Comp∣trollers thereof may see their Entries be true; he also makes searches for all Records in the Treasury, and hath the custody of Domesday Book. There are two Officers there of this name.

Under Sheriff. (Subvicecomes.) See She∣riff.

Under sitter, Is an Inmate. See In∣mate.

Undertakers, Were such as were employed by the Kings Purveyors as their Deputies. Anno 2 & 3 Phil. & Ma. cap. 6. And such as undertake any great work, as draining of Fens, &c. Anno 43 Eliz. cap. 11.

Under Treasurer of England. (Vicethe∣saurarius Angliae) Anno 39 Eliz. cap. 7. This Officer is confounded in other Statutes with Treasurer of the Exchequer, as in 35 Eliz. In the vacancy of the Lord Treasurers Office, he does all things in the Receipt that the Lord Treasurer doth. Anciently he did Chest up the Kings Treasure at the end of every Term, and note the content of Money in each Chest, and see it carried to the Kings Treasury in the Tower, for the ease of the Lord Treasurer, &c.

Uniformity (Uniformitas) One form of Publick Prayers and Administration of Sacra∣ments, and other Rites and Ceremonies in the Church of England; prescribed by the Statutes 1 Eliz. cap. 2. And 14 Car. 2. cap. 4.

Union (unio) Is a combining or consoli∣dating of two Churches in one, which is done by the consent of the Bishop, the Patron and Incumbent: But there are two other sorts of it; as when one Church is made subject to the other, and when one Man is made Rector of both, and when a Conventual is made Cathe∣dral, as you may read in the Gloss of the Chap∣ter, Licet de locato & conducto, in Lyndwoods Provincials, Sect. Et quia—In the first sig∣nification, by the Statute 37 Hen. 8. cap. 21. It was made lawful to make an Union or Consoli∣dation of two Churches in one, whereof the value of the one is not above six pounds in the Kings Books of the First Fruits, and not above one mile distant from the other. And by another Statute 17 Car. 2. cap. 3. It shall be lawful for the Bishop of the Diocess, Major, Bailiff, &c. of any City or Corporate Town, and the Patron or Patrons, to unite two Churches or Chappels in any such City, Town, or the Liberties thereof; provided such Union shall not be good, if the Churches so united exceed the sum of One hundred pound per an∣num, unless the Parishioners desire otherwise, &c.

Unity of Possession, Signifies a Joynt∣possession of two Rights by several Titles; As, if I take a Lease of Land from one upon a certain Rent, afterwards I buy the Fee-simple; this is an Unity of Possession, whereby the Lease is extinguished, by reason that I, who had be∣fore the occupation onely for my Rent, am be∣come Lord of the same, and am to pay my Rent to none but my self.

University (Universitas) Is most usually taken for those two Bodies, which are the Nur∣series of Learning and Liberal Sciences in this Realm, Oxford and Cambridge, endowed with great favors and priviledges, as appears not onely by Anno 2 & 3 Ph. & Mar. cap. 15.—13 Eliz. cap. 21. & 18 Ejusdem, cap. 6. But much more by their several Charters, granted by divers pious and munificent Kings of this Land. Anno 14 Car. 2. cap. 4.

Unlage (Sax. Un-laga) A wicked or unjust Law. In which sence the word occurs in LL. Hen. 1. cap. 34. 84.

Unlawful Assembly (Illicita Congregatio) Is the meeting of three or more persons toge∣ther, with force to commit some unlawful Act, and abiding together, though not endeavoring the execution of it, as to assault or beat any person, to enter into his House or Land, &c. West, par. 2. Symbol. tit. Indictments, sect. 65. Lambert in his Eiren. cap. 19. By the Statute of 16 Car. 2. cap. 4. And 22 Ejusdem, cap. 1. If five persons or more shall be Assembled toge∣ther above those of the Family, at any Con∣venticle or Meeting, under colour of any Ex∣ercise of Religion, it is unlawful and punish∣able by Fines, and otherwise, as in the said Statute is expressed.

Unques prist (i. Always ready) Is a Plea whereby a Man professeth himself always ready to do, or perform that, which the Demandant requires. For example, A Woman sues the Tenant for her Dower, and he, coming in at the first day, offers to aver, that he was always ready, and still is to perform it. In this case, except the Demandant will aver the contrary, he

shall recover no damages. When this Plea will serve to avoid charges, and when not, see Kitchin, fol 243. See Uncore prist.

Uoidance (Vacatio) Is a want of an In∣cumbent upon a Benefice, which is twofold; either in Law, as when a Man hath more Bene∣fices incompatible; or in Deed, as when the Incumbent is dead, or actually deprived. Brook, tit. Quare impedit. num. 51.

Uolumus, Is the first word of a Clause in the Kings Writs of Protection and Letters Patent. Anno 1 Rich. 2. cap. 8. And 13 Ejus∣dem, cap. 16. Of Protections some are Cum clausula Volumus; and of these there are four kindes, viz. 1. Quia profeoturus. 2. Quia moraturus. 3. Quia indebitatus nobis existit. 4. When any one, sent into the Kings service beyond Sea in War, is imprisoned. Coke on Littl. sect. 199.

Uoucher (Vocans) Is a word of Art, and is in the understanding of Law, when the Te∣nant calls ano••••er into the Court that is bound to him to War anty, and that is either to de∣fend the righ•• against the Demandant, or to yield him other Lands, &c in value; and ex∣tends to Lands or Tenements of Freehold, or Inheritance, and not to any Chattel Real, Per∣sonal, or mixt, &c. He that Voucheth is called the Voucher (Vocans) and he that is vouched is called Vouchee, (Warrantus.) The Process whereby the Vouchee is called, is a Summone as ad Warrantizandum, &c. A Recovery with a single Voucher is, when there is but one Voucher; and with a double Voucher, is when the Vouchee voucheth over, and so a treble Voucher. There is also a Foreign Voucher, when the Tenant being impleaded within a particular Jurisdiction (as in London, or the like) voucheth one to War∣ranty, and prays, That he may be summoned in some other County out of the Jurisdiction of that Court; which might more aptly be called a Voucher of a Foreigner, De forinsecis vocatis ad Warrantisandum. Coke on Littl. fol. 101. b. See Recovery.

Voucher, Is also used in the Statute (19 Car. 2. cap. 1.) for a Lieger Book or Book of Ac∣compt, wherein are entred the Acquittances or Warrants for the Accomptants discharge.

Upland (Uplanda) High Ground, or as some call it Terra firma, contrary to Moorish, Marsh, or Low Ground.—Duramque terram novem Miliariis per aquam, de Uplanda, id est de superiori terra, schaphis deferri, & paludibus commisceri jussit. Ingulp••. Hist. Croyland.

Usage. See Prescription.

Use (Usus) A Deed consists of two princi∣pal parts, namely, the Premisses, and the Conse∣quents. The Premisses is the former part of it, being all that which precedeth the Habendum, or Limitation of the Estate, which are the per∣sons contracting, and the thing contracted. The Consequent is the Habendum, in which are two Limitations; the one, of the Estate or Pro∣perty which the Party Passive shall receive by the Deed; the other of the Use, which is, to express in the said Habendum to, or for what use and benefit he have the same Estate. And of the Limitation such Uses, you may read many Presidents in 〈◊〉〈◊〉 lib. 2. par. 1. sect. 308. These Uses were in 〈…〉〈…〉ted upon the Statute of Westm. 3. Quia emptor•• terrarum, before which Statute, no such Uses we〈…〉〈…〉 known. And because in time many deceits were 〈◊◊〉〈◊◊〉∣ed, by setling the possession in one Man, and the Use in another, Anno 27 Hen. 8. cap. 1. it was Enacted, That the Use and Possession of Lands should always stand united. See Coke, lib. 3. Chudleys Case.

User de Action, Is the pursuing or bring∣ing an Action, in what place and County it ought to be. See Brook, tit. Lieu and County, fol. 64.

Usher (Fr. Huissier, i. A Door-keeper of a Court) Is an Officer in the Exchequer, of which there are four that attend the Cheif Officers and Barons at the Court at Westminster, and Juries, Sheriffs, and all other Accomptants at the plea∣sure of the Court. There are also Ushers in the Kings Court, as of the Privy Chamber, &c. See Blackrod.

Us••act. In Privilegio de Semplingham.—Sint quieti tam ipsi quam homines eorum, &c. de omnibus misericordiis & amerciamentis & foris∣facturis, &c. Et de murdro & latrocinio & con∣ceyles & Us••act, & Hamsoka, Grithbrich, Blot∣wit, &c. Perhaps miswritten for Utlage or Utlagat. Sed quare. In Kelways Report I finde Hutlatch.

Usucaption (Usucaptio) The enjoying a thing by continuance of time, or receiving the profits; long possession or prescription.

Usufructuary (Usufructuarius) One that hath the use, and reaps the profit of any thing.

Usury (Usura) Is Money or Money's worth, given above the principal sum for the Loan or it; otherwise called Interest or Use. Usura st commodum certum quod propter usum rei mutuatae accipitur. Cokes 5 Rep. Paytons Case. By the Stat. 12 Car. 2. cap. 13. no Man must take above Six pound for the forbearance of One hundred pound for a year, under the penalties therein contained. See Cokes 3 Instit. fol. 151. By the Stat. 3 & 11 Hen. 7. it is called Dry Exchange.

Utas (Octava) Is the eighth day following any Term or Feast, as the Utas of S. Michael, the Utas of S. Hillary, &c. whereof you may read Anno 51 Hen. 3. Statute concerning Ge∣neral days in the Bench. And any day within the Feast, and the eighth day is said to be within the Utas. The use of it is in the return of Writs, as appears by the Statute. At the Utas of the Holy Trinity. Preamble to the Stat. 43 Edw 3.

Utensil (Fr. Utensile) Any thing necessary for our use and occupation: Housholdstuff.

Utfangthef (Sax. Ut-fang-theof, i. Fur extra captus, scil. Extra dominium vel juris∣dictionem) Is an Ancient Royalty or Priviledge granted to the Lord o•• a Mannot by the King, which gives him power to punish a Theif, dwell∣ing,

and committing the 〈◊〉〈◊〉 of his Liberty, if he be taken within 〈◊〉〈◊〉 Fee. Utfangthef dicitur extrancus lat〈…〉〈…〉 oeniens aliunde de terra aliena, & qui 〈◊〉〈◊〉 suit in terra ipsius, qui tales habet libertat〈…〉〈…〉 Bracton, lib. 2. tract. 2. cap. 35. Anno 〈…〉〈…〉 8. cap. 26.

U〈…〉〈…〉 (Uthlagus) An Outlaw.—Fuit qu〈…〉〈…〉m Uthlagus famosissimus, partes istas fre∣quentans propter iter commeantium inter Nottin∣gham & Derby per Forestam. Mon. Angl. 2. par. fol. 618. a. See Outlaw.

Utlagato capiendo quando utlagatur in uno Comitatu & postea fugit in alium, Is a Writ, the nature whereof appears in the words of its name. See Reg. of Writs, fol. 133.

Utland (Sax. i. terra extera) Dicebatur terra servilis seu tenementalis, quod de procinctu terra∣rum Dominicalium, quae Inland nuncupatae sunt, in exteriorem agrum rejiciebantur. Vide Inland.

Utlary or Utlawry (Utlagaria vel Utla∣gatio) Is a punishment for him, who, being called into Law, and lawfully sought, does (after an Original Writ, with a Nihil habet, Three Writs of Capias, Alias, and Pluries, Returned by the Sheriff with a Non est inven∣tus, and an Exigent with a Proclamation there∣upon Awarded) contemptuously refuse to ap∣pear. He must also be called at Five County-Court days, a Moneth between each one; and if he appear not within that time, Pro exlege tenebitur, cum principi non obediat nec legi, & ex tunc Utlagabitur, that is, he shall be pro∣nounced to be out of the Kings Protection, and deprived of the benefit of the Law: The effect of which is divers, For if he be outlaw∣ed at the sute of another in a civil Cause, he shall forfeit all his Goods and Chattels to the King; if upon Felony, then all his Lands and Tenements which he hath in Fee, or for Life, and his Goods and Chattels. Et tunc gerit caput Lupinum, ita quod sine judiciali inqui∣sitione rite pereat, & secum suum judicium por∣tet, & merito sine lege pereat, qui secundum legem vivere recusavit, &c. Says Bracton, lib. 3. tract. 2. cap. 11. A Minor or Woman cannot be outlawed; but where a Man is termed outlaw∣ed, a Woman is said to be waived. How an Outlaw is inlawed again, and restored to the Kings Peace and Protection. See Bracton, lib. 3. tract. 2. cap. 14. And Fleta, lib. 1. cap. 27. & 28. See Outlaw.

Utlepe. Significat escapium, hoc est, Eva∣sionem latronum▪ Fleta, lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22.

Utrum. See Assise.

Utter Barrasters (Jurisconsulti) Are such, who for their long study and great in∣dustry, bestowed upon the knowledge of the Common Law, are called out of their con∣templation to practise, and in the view of the World to take upon them the Protection and Defence of Clients. In other Countreys they are called Licenciati in Jure. The time, be∣fore any one ought to be called to the Bar, by the Ancient Orders, was heretofore eight years, now reduced to seven. And the exer∣cise done by him (if he were not called Ex gratia) was Twelve Grand Moots, performed in the Inns of Chancery in the time of the Grand Readings, and Twenty four Petty Moots at the Inns of Chancery in the Term times, be∣fore the Readers of the Respective Inns of Chancery. A Barraster newly called, is to at∣tend the six next long Vacations, the Exercise of the House, viz. In Lent and Summer, and is thereupon for those three years called a Vacation Barraster. And they are called Utter Barrasters, i. Pleaders without the Bar, to distinguish them from Benchers, or those who have been Readers, who are sometimes admit∣ted to plead within the Bar, as the King, Queen, or Princes Council are.

W.

WAftors (Waftores) Edward the Fourth constituted a Triumvirate of Officers with Naval Power, whom the Patent (22 Edw. 4. Membr. 2.) stiles Custodes, Conductores, and Waftores; and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk. We still retain the word to Waft over, i. To Convey or Conduct over Sea.

Waga alias Uaga, A Weigh, which is a Measure of Cheese, Wool, &c. contraining Two hundred fifty six pound of Averdupois, according to Cowel; for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to con∣tain Thirty two Cloves, and the Clove eight pound, though some say but seven.—Unam Wagam salis de salinis suis de Terincton▪ Mon. Angl. 1 par. fol. 515. See Weigh.

Wage (Vadiare, Fr. Gager) Signifies the giving security for the performance of any thing; as to Wage Deliverance, which see in Gage; to Wage Law, see in Law. None wageth Law against the King. Brook, tit. Chose in Acti¦on, num. 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager.

Wager of Law. See Law.

Waif or Weyf (Waivium) Or goods wai∣ved, are those which a Theif hath stoln, and being pursued or over-charged with the burden, flies and leaves the goods behinde him: Then the Kings Officer, or the Bailiff of the Lord of the Mannor (within whose jurisdiction they were left) who (by prescription or grant from the King, hath the Franchise of Waif) may seise the Goods to his Lords use, except the owner come with fresh sute after the Felon, and sue an Appeal within a year and a day, or give in evidence against him at his arraignment, and he be attainted. In which Cases, the owner shall have restitution of his Goods, though Waif is properly spoken of Goods stoln, yet it may be also of Goods not stoln; as if a Man be pursued with Hue and Cry, as a Felon, and

he flies and leaves his own Goods, these shall be forfeit, as Goods stoln; and are properly called Fugitives Goods. See Coke, lib. 5 Fox∣leys Case.

Waifs, Things lost and Estrays must, by the Lord of the Franchise where they are found, be caused to be cried and published in Markets and Churches near about, else the year and day does not run to the prejudice of him that lost the M. Briton. cap. 17.—Plac. coram Joh. de Berewel & Sociis suis Justic. Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso. Richardus fil. Alani Comes Arundel summonitus fuit ad respondend. Domi∣no Regi de placito quo Warranto clamat habere placita Coronae & habere Wayf in Manerio suo de Upton subtus Haweman, &c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef & Wayf, & eadem placita & libertates habuerunt, ipse & omnes antecessores sui, & eisdem usi sunt a tempore quo non extat memoria & eo Warranto clamat, &c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona, ita Coronae Domini Regis annexum, quod nullus eo gaudere possit, nisi inde habeat speciale War∣rantum a Domino Rege vel antecessoribus suis con∣cessum. Weyf, i. Si aliquis adduxerit aliqua animalia, ut oves, boves, equos & hujusmodi, vel aliquas alias res, & inde suspectus & arrestatus fuerit a Balivis Prioris donec probaverit per fide∣les homines, quod illae res furatae non fuerant, & ille dimissus non redierit: Dictae res seu ani∣malia servabuntur per unum annum & unum diem, & si ille non redierit & res suas esse proba∣verit, erunt Prioris, &c. Si aliquis alius venerit, & res suas legitime esse probaverit, datis expensis, illas habebit. Ex Registro Prior. de Cokesford.

Wainnable, That may be Ploughed or Manured, Tillable.—Dedimus—in loco qui vocatur Shiplade la Moreis, & la terre Wainnable, & la Bruere, &c. Carta Rogeri de Scales. Sine dat.

Wainage (Wainagium) From the Sax. ƿæen, i. Plaustrum, Vehiculum.) Mag. Char. cap. 14.—And any others Uillain, then ours shall be likewise amerced, saving his Wainage, if he fall into our mercy. Sir Edward Coke (2 Part Instit. fol. 28.) says it sig∣nifies the Contentment or Countenance of the Villain. But quaere whether it may not rather signifie, the furniture or appurtenances of the Cart or Wain, wherewith he was to do Villain∣service. See Gainage and Wannage.

Waitefée. Tho. Spelman, Filius Johannis, obiit 12 Marcii, 1 Eliz. & dicitur in Inquisitione tenuisse Manerium de Narborough cum tertia parte Advocationis Ecclesia, &c. De Domina Regina, ut de Manerio suo de Wingrave per servitium Militare, & per redditum 14 s. pro Waytefée & Castlegarde, & valet clare per annum 34 l. 17 s. 10 d. quadrantem. Patet in Schedula liberationis Joh. Spelman fratris sui, 7 Aug. 5 Eliz. Perhaps a Fee to excuse his Waiting or giving Attendance at the Castle.

Waiviaria mulieris, Is as much as Vtla∣gatio viri. Reg. of Writs, fol. 132. Many of the Kings Liege People outlawed, and many waived by erroneous Process. Anno 7 Hen. 4. cap. 13. See Vtlary.

Wakeman (Sax.) The Chief Magistrate of the Town of Rippon in Yorkshire, so called; quasi, Watchman. Cam. Britan.

Wald (Walda) See Weald.

Walkers, Are those who are otherwise called Foresters. Cromp. Jurisd. fol. 145. There are Foresters assigned by the King, who are Walkers within a certain space of Ground assign∣ed to their care.

Wall or Sea-wall (Walla vel Wallia.) See Watergage.

Wallesheria or Walecheria.—Quod quatuor villatae propinquiores loco ubi casus homi∣cidii vel infortunium contigerit, veniant ad proxi∣mum Comitatum, una cum inventore & Walle∣sheria, i. Parentela hominis interfecti, & ibidem praesentent factum feloniae & casum infortunii, &c. Reperio (says Spelman) in nota quadam A. Wallesheria, i. Parentela interfecti, scilicet unus ex parte patris & alius ex parte matris. And concludes with—Significat Wallica pars ut videtur.

Wang (Sax.) A Field; also the Cheek or Jaw, wherein the Teeth are set. Hence with Chaucer we call the Cheek-Teeth or Grinders Wangs and Wang-teeth, which is also notified in that old way of sealing writings.

And in witness that this is sooth, I bite the Wax with my Wang tooth. See Wong.

Wangenetheof—Maneriolum de A. sit quietum de Gelth & Scoth, de Wreccho & de Wangenetheof & Danegueld, &c. Pat. 22 H. 4. par. 1. m. 33. Quaere.

Wannage (Wannagium)—Eodem anno (scil. 1198.) Rex Angl. accepit de unaquaque carucata terrae sive Hyda toti••s Angliae 5 Sol. de auxilio, ad quos colligendos misit idem Rex per singulos Comitatus Angliae unum Clericum & etiam unum militem—Qui fecerunt venire coram se Senescallos Baronum illius Comitatus, qui juraverunt quot Carucarum Wannagia fue∣rint in singulis villis, &c. Ipsi vero qui electi fuerant & constituti ad hoc negotium Regis facien∣dum, statuerunt per estimationem legalium ho∣minum, ad uniuscujusque carucae Wannagium, centum acras terrae. Hoveden. Annal. par. poster. fol. 443. num. 30. See Wainage.—Quod ego H. & haeredes mei villas & aedisicia & Wannagia ad libitum nostrum in terris praenominatis facie∣mus, & claudemus xl acras terrae ad excolendum vel ad tensandum, ad libitum nostrum. Mon. Angl. 2 par. fol. 612. a. Here Wannagia seems to signifie Wainhouses, or necessary out-houses for Husbandry.

Wapentake (Sax. waepen-getace, i. Ar∣ma tradere) Is all one with that we call a Hundred, as appears by Bracton (lib. 3. tract. 2. cap. 1. num. 1.) Convocentur postmodum ser∣vientes & Balivi Hundredorum & per ordinem

irrotulentur Hundredarii sive Wapentachia, & nomina servientium, &c. Nominis autem origo, non ab armorum tactu, ut Hovedeno traditum; sed hinc, quod quoties novus esset Hundredi Do∣minus, ei in subjectionis signum arma redderent vassalli, ut Ranulfo Cestriensi observatum. Lib. 1. cap. 5. Conslata voce a waepen, arma, Wea∣pons; Et gaetecan, Tradere, reddere, to be∣take.—Quod Angli vocant Hundredum, supradicti Comitatus vocant Wapentachium. LL. Edw. Conf. cap. 33. Sir Tho. Smith de Repub. Angl. cap. 16. says to this effect, That ancient∣ly Musters were taken of the Armor and Wea∣pons of the several Inhabitants of every Wapen∣take, and from those that could not 〈…〉〈…〉de suffi∣cient Pledges for their good abearing, their Weapons were taken away, and delivered to others. Lambert (in his Explication of Saxon words, verbo, Centuria) says, This word is especially used in the Counties beyond Trent. The Statutes Anno 3 Hen. 5. cap. 2.—9 Hen. 6. cap. 10. And 15 Hen. 6. cap. 7. make mention of Stainctif Wapentake, and Frendles Wapentake in Craven in the County of York. See Cam. Britan, fol. 159. And Cokes 2 Part Instit. fol. 99. Wapentak, hoc est quietancia de sectis & Hun∣dredis quod dicitur Wapentak. MS. in Bibl. Cotton. sub tit. Vitellius, c. 9.

Waranty, (Warrantia) Is a promise or Co∣venant by Deed, made by the bargainer for himself and his heirs, to warrant or secure the Bargainee and his heirs against all men, for the enjoying any thing agreed on between them. And he that makes this Waranty is called War∣rantus by Bracton, lib. 2. ca. 19. & 37. It pas∣seth from the Seller to the Buyer, from the Fe∣offer to the Feoffee, from him that releaseth, to him that is released from an Action real, and such like, and the form of it is thus Et ego vero praefatus A. & haeredes mei praedictas quinque acras terrae cum pertinentiis suis praefuto B. haere∣dibus et assignatis suis contra omnes gentes warran∣tizabimus in perpetuum per praesentes. See Glan∣vile, lib. 3. per totum. Bracton, lib. 5. Tract. 4. Briton. ca. 105 & Coke, lib. 4. Nokes Case, fo. 81. a.

Waranty, Is either Real or Personal▪ Real, when it is annexed to Lands or Tenements granted for life, &c. and, this is either in deed, as by the word VVarrantizo expresly; or in Law, as by the vord Dedi, or some other am∣plification: Personal, which either respects the property of the thing sold, or the quality of it. Real Waranty, in respect of the Estate, is ei∣ther Lineal, Collateral, or commencing by Dissei∣sin; for which see Littleton in the last Chapter of his Tenures, and Coke, lib. 3. Fermors Case, fo. 78. a. Under this word baredes are compri∣sed all such as the first Warranters Lands after∣wards come unto, either by descent, or other∣wise, ex caus•• lucrativa. Warantizare nihil aliud est quam possident••m defendere. Fleta, lib. 5. 〈◊〉〈◊〉. 15. Sect. 1 Bracton, lib. 2. ca. 16, nu. 10. By what words in a Feo••••ment a Feossor shall be 〈◊〉〈◊〉 to Waranty, see the Statute of Bigamy, Anno 〈◊〉〈◊〉 Ed〈…〉〈…〉 ca. 6. See Coke on Litt. fo. 365. a. & 383. b. Item utimur, quod si aliquis puero∣rum nosirorum in aliquo casu Tenementa nostro tangenti, vocatur ad Warrantizandum, non tene∣tur Warrantizare nisi sit quatuordecim annorum. MS. Codex de LL. 〈◊〉〈◊〉 & Statutis Burgi-villae Mount-gomer▪ a temp. Hen. 2.

There is also a Warant of Atturney, where∣by a man appoints another to do something in his Name, and waranteth his Action; which seems to differ from a Letter of Atturney, which passeth ordinarily under the hand and Seal of him that makes it, before any credible Witnesses; whereas a Warant of Atturney, in a personal and mixt Action, and many real Actions, is of course put in by the Attorneys for the Plaintiffs or Demandants, Tenants or Defendants; but, a Warant of Attorney, to suffer a Common recovery by the Tenant or Vouchee, is acknowledged before such persons, as a Commission for the doing thereof direct∣eth. West. Par. 2. Symb. tit. Recoveries, Sect. 1. F. See Atturney, and Letter of Atturney.

Ward, (Sax. ƿeard, i. Vigilia. item Custos) Has divers applications, as a Ward in London, Latined Warda, which is a portion of the City committed to the special charge of one of the twenty-four Aldermen, &c. See Stows Survey. Secondly, A Forest is divided into Wards, Manwood, par. 1. pa. 97. Thirdly, A Prison is also called a Ward. Lastly, The heir of the Kings Tenant, holding by Knights-service, or in Capite, or of any common person by Knights-service, was called a Ward during his nonage, Anno 32 Hen. 8. ca. 46. But, this last, with the Court of Wards, and all Wardships, &c. is taken away by the Stat. 12 Car. 2. ca. 24.

Wards and Liveries, (Wardi & liberatura) Was a Court first erected in King Henry the Eighths time, and afterwards augmented by Him, with the Office of Liveries, and therefore called by Him, The Court of Wards and Liveries. now taken away & discharged by Stat. 12. Car. 2. ca. 24.

Warrantia Chartae, Is a Writ, that lies properly for him, who is enfeoffed in Lands or Tenements, with Clause of Waranty, and is im∣pleaded in an Assise, or Writ of Entry, wherein he cannot vouch, or call to Waranty; In which case his remedy is, to take out this Writ against the Feoffor or his heir. Reg. of Writs, fo. 157. Fitz. Nat. Br. fo. 134. & Fleta, lib. 6. ca. 35.

Warrantia diei, Is a Writ lying in c••se, where a man, having a day assigned personal∣ly to appear in Court to any Action wherein he is sued; is, in the mean time, by Com∣mandment, employ'd in the Kings Service, so that he cannot come at the day assign'd▪ the Writ is directed to the Justices to this end, that they neither take nor record him in defalt for that day, Reg. of Writs, fo. 18. Fitz. Nat. Br fo. 17. & Glanvile, lib. 1. ca. 8.

Warrantia Custodiae, Is a Writ judicial, that lay for him, who was challenged to be Ward to another, in respect of Land said to be holden in Knights-service, which, when it was bought by the Wards Ancestors, was Warranted

to be free from such thraldome; and, it lay against the Warranter and his Heirs. Reg. jud. fo. 36. But, by the Statute 12 Car. 2. ca. 24. it is now become useless.

Wardage, (Wardagium)—Sed sint quieti de quolibet Theolonio, Tallagio, Passagio, Pedagio Lastagio, Hidagio, Wardagio, & omnibus Geldis, Fengeldis, Horngeldis, Forgeldis, Penigeldis, Tendpenigs, Hunderpenigs; Miskeme∣lig, Brenalpeninge, Gritbbregs, &c. Carta Gilberti Tison summi Vexillatoris Angliae. Sine Dat. It seems to be the same with Wardpeny, which see.

Wardstaf.—Lambourn Mannor in Essex is held by Service of the Wardstaf, viz. to car∣ry a Load of Straw in a Cart with six Horses, two Ropes, two men in Harness to watch the said Wardstaf, when it is brought to the Town of Aibridge, &c. Cam. tit. Essex.

Wardfeoh, or Wardfegh, Sciant presen∣tes & futuri quod ego Henricus de la Morton dedi—Rogero de Foresta & Johannae uxori suae pro duodecim solidis & sex denariis quae mihi dede∣runt prae manibus unam acram terrae meae de tri∣bus selionibus, &c. Reddendo inde annuatim ad Festum Sancti Michaelis mihi & heredibus meis unum denarium pro omni servitio, herietto, relevio, warda, regali servicio, Wardfegh & pro omni∣moda secta Curiae meae & heredum meorum & as∣signatorum nostrorum & pro omnibus consuetudi∣nibus & exactionibus, &c. Sinc dat. It signi∣fy'd the value of a Ward, or the money paid to the Lord for his redemption from Wardship.

Warden, (Gardianus) Is all one with the Fr. Gardein, and signifies him that has the keeping, or charge of any person, or thing by Office; as Wardens of the Fellowships in Lon∣don, Anno 14 Hen. 8. ca. 2. Warden-Courts, 31 Hen. 6. ca. 3. Warden of the Marches, 4 Hen. 7. ca. 8. Wardens and Communalty of the lands contributory to Rochester-Bridge, 18 Eliz. ca. 7. Wardens of Peace, 2 Ed. 3. ca. 3. Stat. Nor∣thampton. Warden of the West-Marches, Cam. Brit. pa. 606. Warden of the Forest, Manwood, Par. 1. pa. 42. & 111. Warden of the Aulnage, 18 Hen. 6. ca. 16. Warden of the Kings Ward∣robe, 51 Hen 3. Stat. 5. Wardens of the Ta∣bles of the Kings Exchange, 9 Edw. 3. Stat. 2. ca. 7. & 9 Hen. 5. Stat. 2. ca. 4. Wardens of the Rolls of the Chancery, 1 Ed. 4. ca. 1. & 5. Warden, or Clerk of the Hanaper of the Chan∣cery, ibidem. Warden of the Kings Writs and Records of his Common Bench, ibidem, Warden of the Kings Armour in the Tower, 1 Ed. 4. ca. 1. Warden of the House of Converts, 12 Car. 2. ca. 30. Warden of the Stanneries, 14 Car. 2. ca. 3. See Gardian.

Wardmote, (Wardemotus) Is a Court kept in every Ward in London (Anno 32 Hen. 8. ca. 17.) ordinarily call'd among them the VVardmote Court. vide Cart. Hen. 2. de liberta∣tibus London, where there are 26 VVards, which are as Hundreds, and the Parishes as Towns 4 Inst. fo. 249.

Wardpeny, alias Warpen, & Warthpeny. Denarii vicecomiti vel aliis Castellanis persoluti ob castrorum praesidium, vel excubias agendas.—Concedo etiam eidem Ecclesiae leugam circum∣quaque adjacentem liberam, & quietam ab omni geldo & secto & Hidagio & danegeldo & opere pontium & Castellorum & parcorum & omnibus auxiliis, placitis, & querelis, & siris, & Hundre∣dis; cum saca & soca, & Thol & Theam, & In∣fangtheof & Warpeny, & Lestage, & Ham∣socne, & forstal, & Blodwite, &c. Chart. Gul. Conq. Ecclesiae S. Martini de Bello.—Re∣tinui vero mihi & haeredibus meis Wartpeny & Peterspeny, de praedicta terra. Carta Ber∣tram de Verdon. penes W. Dugdale Ar.

Wardwite, Significat quietantiam misericor∣diae in casu quo non invenerit quis hominem ad Wardam faciendam in castra vel alibi. Fleta, lib. 1. ca. 47. Immunitas a praesidiis faciendis, vel ab eorum contributione. Spelm.

Warectum, & terra warecta, (Fr. Terre garee) Land that has been neglected, and long untill'd; also Fallow ground. Tempus warecti, in ancient Records, signifies the time wherein Land lies Fallow, the Fallow year, or season for Fallowing Land.—In Warectis, in brueriis, in boscis, in mariscis, in defensis, et in omnibus terris, &c. Mon. Angl. 2. Par. fo. 253. a.—xxv acras uno quoque anno ad seminandum, et totidem ad Warectandum. Idem. 1. Par. fo. 525. b. See Yvernagium.

Waren, (VVarenna, from the Germ. Wah∣ren, i. Custodire) Is a Franchise, or place pri∣viledg'd either by prescription or grant from the King, to keep Beasts and Fowle of VVaren, which are Hares and Conies; Partridges and Fea∣sants. If any person offend in such Free-waren, he is punishable for the same by the Common-Law, and, by Statute 21 Ed. 3. called the Sta∣tute de malefactoribus in parcis et chaceis, &c. Videtur tamen Justiciariis hic et Concilio Dom. Regis, quod Capreoli sunt bestiae de Warenna et non de Foresta, eo quod fugant alias bestias de Warenna. Hill. An. 13 Ed. 3. Ebor. Rot. 136.

Warnoth,—Inter Record. de Recept. Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege, I find it to be an ancient Custom, whereby, if any Tenant, holding of the Castle of Dover, faild in paying his Rent at the day, he should forfeit double, and, for the second failer, tre∣ble, &c. And, in Mon. Angl. 2. Par. fo. 589. a.—Terris cultis & terris de Warnoth

War-scot, Was the contribution that was made towards Armor, or War, in the Saxons time. Sint omnes tam primarii quam mediocres et minuti, immunes, liberi et quieti ab omnibus pro∣vincialibus, summonitionibus et popularibus pla∣citis quae Hundred laghe Angli dicunt, et ab om∣nibus armorum oneribus, quod Warscot Angli di∣cunt et forinsecis querelis. LL. Forest. Canuti Regis. num. 9.

UUarwit. See VVardwite.

Waste (Vastum, Sax. waest) Hath divers significations; first, it is a spoil made either in Houses, Woods, Lands, &c. by the Tenant for life or years, to the prejudice of the Heir, or of him in the Reversion or Remainder. Kitchin, fol. 168, &c. Whereupon the Writ of

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Waste is brought for recovery of the thing wasted, and trebble damages. See Vasto. Waste of the Forest is most properly, where a Man cuts down his own Woods within the Forest, without Licence of the King or Lord Cheif Justice in Eyre. See Manwood, 2 Part, cap. 8. num. 4 & 5.

Secondly, Waste is taken for those Lands which are not in any one Mans occupation, but lie common, which seem to be so called, because the Lord cannot make such profit of them, as he does of his other Lands, by rea∣son of that use which others have of it, in passing to and fro. Upon this none may build, cut down Trees, dig, &c. without the Lords Licence.

Thirdly, Year, day, and Waste, (Annus, Dies, & Vastum) Is a punishment or forfeiture belonging to Petit-Treason or Felony, where∣of you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year, Day, and Waste.

Waste-ground (Vastus fundus) Is so called, because it lies as Waste, with little or no profit to the Lord of the Mannor, and to distinguish it from the Demesns in the Lords hands. 2 Part Inst. fol. 656. See Waste.

Wastors (Anno 5 Edw. 3. cap. 14.) Were a kinde of Theeves so called.—There have béen (says the Statute) divers Man-slaugh∣ters, Felonies, and Robberies done by People, called Roberdsmen, Wastors, and Draw-latches. 4 Hen. 4. cap. 27.

Wastel Bread (Anno 51 Hen 3. Statute of Bread) Forte a Uasten, Belgis jejunare; unde illis Wastelavond, Shrovetide. Vox autem unde veniat, non liquet, says the Gloss. in x. Scriptores. See Cocket.

Water-bailiffs, Seem to be Officers in Port-Towns, for the searching of Ships. Anno 28 Hen. 6. cap. 5. Also an Officer so called be∣longing to the City of London, who hath the supervision and search of Fish brought thither, and the gathering of the Toll, rising from the Thames. He also attends on the Lord Major for the time being, and hath the principal care of Marshalling the guests at his Table, and doth Arrest Men for debt, or other personal or criminal Matters upon the River of Thames, by Warrant of his Superiors.

Watergage (Watergagium & Aquagagium) A Sea-wall or Bank to stop or restrain the cur∣rent, or overflow of the Water; also an In∣strument to gage or measure the profundity or quantity of any Waters.

Watergang (Watergangium, Sax. waeter∣gang, i. Decursus aquae) A Trench, Trough, or Course, to carry a Stream of Water: Such, I conceive, as are usually made in Sea-walls, to loose and drain Water out of the Marshes. Some Authors confound this with Watergage, but they seem to have different significations. Carta Hen. 3. De Ordinatione Marisci de Ro∣mency, &c. Ad reparandum Wallias & Water∣gangias eiusdem Marisci contra Maris pericu∣lum.—Omnibus Balivis de Besintone, Ro∣bertus de Curci salutem, Mando vobis atque prae∣cipio, quatenus justicietis meos homines de Snar∣gate, ut faciant Wallas & Watergangas & clau∣suras Wallarum, sicut debent facere, & si facere noluerint, tum justicietis illos ut faciant, &c. Mon. Angl. 2 par. fol. 920. b.

Watergavel,—Henricus—Rex, salu∣tem. Sciatis nos dedisse—dilecto & fide li nostro Huberto de Burgo, Comiti Kantiae, & Marga∣riae uxori suae redditum xxxii s. & iv d. quem homines eorundem Huberti & Margariae de Ma∣nerio suo de Elmour nobis reddere solebant singu∣lis annis per manum Balivi nostri de Menstre∣worth, nomine Watergavel, Habend. &c. Dat. 15 Hen. 3. This was a Rent paid for fish∣ing in, or other benefit received from, some River or Water.

Watlingstréet (Anno 39 Eliz. cap. 2.) Is one of those four ways, which the Romans are said to have made here, and called Consulares, Praetorias, Militares, Publicas. This Street is otherwise called Werlamstreet, and leads from Dover to London, Donstable, Touceter, At∣terston, and the Severn, near the Wrekyn in Shropshire, extending it self to Anglesey in Wales.

The second is called Ikenildstreet, stretching from Southampton over the River Isis, at New∣bridge; thence by Camden and Litchfield, then it passeth the River Derwent near Derby, so to Bolesover Castle, and ends at Tinmouth.

The third was called Fosse, because in some places it was never perfected, but lies as a large Ditch; leading from Cornwal, through Devon∣shire by Tetbury, near Stow in the Wolds; and besides Coventry to Leicester, Newark, and so to Lincoln, &c.

The fourth was called Ermin or Erminage∣street, stretching from S. Davids in West-Wales unto Southampton. See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini, or Four Pub∣lick Ways had the priviledge of Pax Regis.

Waxshot or Waxscot (Ceragium) Tri∣butum quod in Ecclesiis pendebatur, ad sub∣ministrationem cerae & luminarium. Wax, cera & Shot, symbolum. Hac autem solutione multi se contendunt immunes esse a minoribus quibusdam decimis persolvendis. Ejusdemque generis sunt, quae alias Cock, & Wax, alias Maineport appellantur. Spelm. This Waxscot was ancient∣ly paid thrice a year towards the charges of Candles in Churches.

Way. See Chimin.

Wde (for so they anciently wrote) Wood. See Strond.

Weald or Weld (Sax. weald, i. Sylva, desertum) Is the Woody part of a Countrey, as the Weald of Kent. Cam. Britan, pag. 247. Anno 26 Hen. 8. cap. 7. In the Collection of Statutes, 14 Car. 2. cap. 6. It is mis-printed Wildes of Surrey, Sussex or Kent, for Wealds.

Wear or Were (Wera & Wara, Sax. waer) A Stank or great Dam in a River, well known, accommodated for the taking of Fish, or to convey the stream to a Mill.—Unam Waram & duas Cotlandas cum Dominio & prato.

Mon. Angl. 2 par. fol. 128. And I have seen an old Deed with Boera stans in aqua, supposed to signifie a Wear. See Kiddel.

Weif. See Waif.

Weigh (Waga) Is a Weight of Cheese or Wool, containing Two hundred fifty six pounds of Avoir du pois. See Waga. Cokes 12 Rep. fol. 17. mentions Eighty Weigh of Bay-Salt. See Waga.

Weights (Pondera) There are two sorts of them in use with us: The one called Troy Weight, which hath Twelve ounces to the Pound, by which, Pearl, Precious Stones, Electuaries, and Medicinal things, Gold, Silver, and Bread, are weighed: The other Avoir de pois contain∣ing Sixteen ounces to the pound, by which all other things are weighed, that pass by weight. Geo. Agricola in his Learned Tract De ponderi∣bus & Mensuris, pag. 339. termeth the Pound of Twelve ounces Libram Medicam, and the other Libram Civilem, saying thus, Medica et Civilis Libra, numero non gravitate unciarum differunt. By these words Avoir du pois are sometimes signified such merchandise as are bought and sold by this kinde of Weights. The first Statute of York, 9 Edw. 3. in Proaem. 27 Edw. 3. stat. 2. cap. 10. And 24 Hen. 8. cap. 13.

All our Weights and Measures have their first composition from the Penny Sterling, which ought to weigh Thirty two Wheat Corns of a middle sort, Twenty of which pence make an ounce, and Twelve such ounces a Pound; but Fifteen ounces make the Merchants Pound, (Fleta, lib. 2. cap. 12.) which (though an ounce less) should probably be all one in signification with Avoir du pois; and the other Pound, called by Fleta, Trone Weight, plainly appears to be all one, with that we now call Troy Weight. See Tronage. From henceforth there shall be one Weight, one Measure, and one Yard, according to the Standard of the Exchequer, throughout all the Realm, &c. Anno 17 Car. 1. cap. 19.

Weights of A wncel (Anno 14 Edw. 3. stat. 1. cap. 12.) See Auncel Weight.

Weythe.—Et omnia animalia advenientia fugitiva, Gallice Weythe, in toto Hundredo de Halton. Mon. Angl. 2 par. fol. 187. b. See Waif.

Wend (Wendus, i. Perambulatio, circuitus, from the Sax. wendan, to Wend, Meare) Pro∣cinctus terrae amplior, plurima juga in se conti∣nens. Rentale Regalis Manerii de Wy, pag. 31.—Tres sunt Wendi, viz. Dounwend, Chil∣tones Wend, & Bronsford Wend, & in quo∣libet Wendo sunt decem juga, & sic in tribus Wendis sunt 30 juga, quorum 26 juga & dimid. sunt in Wy, &c. Et infra. Quilibet Wendus faciet 10 averagia semper de tribus septimanis in tres, &c.

Were alias Werre (Sax. ƿere & ƿera, i. pretium) Signifies as much as aestimatio capitis or pretium hominis, that is, so much as one paid in ancient time for killing a Man; when such crimes were punished with pecuniary mulcts, nor death. In LL. Edw. Conf. cap. 11. We read—Were suum—id est, Pretium suae redemptionis, his ransom.—Si quis ante Comi∣tem in placito pugnaverit, emendet secundum precium sui ipsius & forisfacturam, quod Angli dicunt were & wite. Can. LL MS. pag. 150. In which words the Saxon ƿ (w) is often mis∣taken into p, and written Pere and Pite. See Pere and Pite, and see Gavelet.

Weregelt-thef, Significat latronem qui redi∣mi potest. Fleta, lib. 1. cap. 47. also.

Wergild, Wergeld (Wergildus) Pretium seu valor hominis occisi, homicidii precium; which was paid partly to the King, for the loss of His Subject, partly to the Lord, whose Vassal he was, and partly to the next of kin.—Quae∣dam (crimina) emendari non possunt; quae sunt Husbrech, Bernet & Openthef, & Ebere∣mord, & Lafordfith, & infractio pacis Eccle∣siae, vel per Manus Regis per homicidium. LL. Hen. 1. cap. 13. In which Chapter, the crimes are enumerated, which might be redeemed per Weram.—De unoquoque fure per totam Scu∣tiam est Wergelt 30 Vaccae & una juvenca, sive fuerit liber homo sive servus. Reg. Majest. lib. 4. cap. 19. The Weregild of an Archbishop and of an Earl was 15000 Thrimsa's. Seldens Titles of Honor, fol. 604.

Weretoff.—Et sint quieti de communi misericordia Comitatus, de Wardpenny & Aver∣penny, de Hundredpenny, & Thirdingpenny, de Weretoff & de Forfeng. Carta Hen. 1. from the Sax. ƿere-to-fon, i. To take a ransom or price for killing a Man. See Were.

Wervagium.—Cum omnibus aliis consue∣tudinibus, legibus & libertatibus suis & Werva∣gio suo bi lande & bi strande. Carta Hen. 3. Leveshamensi Coenob. Quaere.

West Saxonlage alias West Sexenlage, Was the Law of the West Saxons. See Mer∣chenlage.

Westminster (Westmonasterium) Sax. West∣mynster, i. Occidentale Monasterium) Was the ancient Seat of our Kings, and is now the well known place where the High Court of Par∣liament, and Courts of Judicature sit: It had great Priviledges granted by Pope Nicholas, among others—Ut amplius in perpetuum Regiae constitutionis locus sit atque repositorium Regalium Insignium. Ep. ejus ad div. Edovard. Concil. Tom. 3. B. fol. 1228. See City. And 4 Inst. fol. 255.

Wetecroft.—Habebit mensuram unam, sc. Wetecroft, cum orto, ubi possit manere, &c. Mon. Angl. 2. par. sol. 40. b.

Wharf (Wharfa) Is a broad plain place near a Creek or Hithe of the Water, to lay Wares on, that are brought to, or from the Water. New Book ef Entries, fol. 3. Anno 12 Car. 2. cap. 4.

Wharfage (Wharfagium) Is Money paid for Landing Wares at a Wharf, or for Shipping or taking Goods into a Boat or Barge, from thence. It is mentioned Anno 27 Hen. 8. cap. 26. And 22 Car. 2. cap. 11.

Wharfinger, Is he that owns or keeps a Wharf, or hath the over-sight or management of it. Anno 7 Edw. 6. cap. 7. 12 Car. 2. cap. 4. And 22 Ejusdem, cap. 11.

Whéelage (Rotaticum, Fr. Rouage) Tribu∣tum est quod rotarum nomine penditur; hoc est, pro plaustris & carris transeuntibus. Spelm.

Whitehart-silver (Candidi cervi argentum) Is a Tribute or Mulct paid into the Exchequer, out of certain Lands in or near the Forest of Whitehart; which hath continued from Henry the Third's time, who imposed it upon Thomas de la Linde, for killing a most beautiful White Hart, which that King before had purposely spared in Hunting. Cam. Brit. pag. 150.

Whiterent. See Quitrent.

White Spurs, A sort of Esquires so called. See Esquires.

White-straits, A kinde of course Cloth, made in Devonshire, of about a yard and half quarter broad raw; and mentioned Anno 5 Hen. 8. cap. 2.

Whitson-farthings (see Pentecostals) men∣tioned in Letters Patent of Henry the Eight, to the Dean and Chapter of Worcester.

Widow of the King (Vidua Regis) Was she, who after her Husbands death, being the Kings Tenant in Capite, was driven to recover her Dower by the Writ De Dote Assignanda, and could not marry again without the Kings consent. Stamf. Prarog cap. 4. see the Sta∣tute of the Prarog. Annu 17 Edw. 2. Mag. Char. cap. 7. And 32 Hen. 8. cap. 46.

Widowhood (Viduitas) The state or con∣dition of a Widow. Sciant presentes & futuri, quod ego Margeria quae fui uxor Ricardi Smith de Birchore (Com. Heref.) in Viduitate & in legi∣tima potestate mea, remisi, relaxavi, &c. Dat. apud Birchore die Dominica in Fest. Nativitatis Sancti Johannis Baptistae, Anno 9 Hen. 4.

Will or Last Will (Testamentum, ultima voluntas) Is of two sorts, a Will in Writing, called also a Testament, and a Will by word of mouth onely, called a Nuncupative Will, which being proved by witnesses, may be of as good force, as that in writing; except onely for Lands, which are not devisable, but by a Testament put in writing in the Life of the Testator. See Touchstone of Wills, pag. 2.

Ex codice MS. nuncupativo March penès Registrar. Curiae Praerog. Domini Archiepis. Cantuar. Qu. 7.

IN nomine Patris & Filii & Spiritus Sancti, Amen. The sevententh day of Septem∣ber, the yer of our Lord ••hū Crist a thou∣sand four hundred and foure, I Lowys Clyr∣forth fals and traytour to my Lord God, and to alle the blessyd company of Hevene, and unworthi to be clepyd a Cristen man, make and ordeyne my Testament, and my last Wille in this manere.

At the begynnynge, I most unworthi and Goddys tratour, recommaund my wrechid and synfule Sowle hooly to the grace, and to the grete mercy of the bless∣full Trynytie; and my wrechid careyne to be beryed in the ferthest corner of the Chircheyerd, in which parishe my wrechid soule departeth fro my body.

And I pray and charge my Survivors and my Executors as they wollen answere to fore God, as all myne hoole trest in this matère is in hem, that on my stinking careyne be neyther leyd clothe of gold ne of slike, but a blake clothe, and a Taper at myne bed, and another at my fete, ne stone ne other thinge, wherby eny man may witte where my stynkyng careyne liggeth. And to that Chirche do myne Executors all thingis which owen duly in such caas to be don, without eny more cost saaf to pore men.

And also I pray my Survyvors and myne Executors that eny dette that eny man kan axe me by true title, that hit be payd. And yf eny man kan trewly sey that I have do him eny harme in body or in good, that ye make largely his grée whyles the goodys wole strecche.

And I wole alsoe, that none of myne Executors meddle or mynystre eny thinge of my goodys withoutyn abyse and consent of my Supervisors or sum of hem.

Now first I bequethe to Sire Phylype la Vache Knyht my Masse-boke, and my Portoos; and my boke of Tribulacion to my doughter hys wif.

Et quicquid residuum fuerit omnium & sin∣gulorum bonorum & catallorum superius seu inferius non legatorum, do integre & lego Philippo la Vache, Johanni Cheynee & Thomae Clanvow militibus libere sibi pos∣sidendum, &c.

Probatum, &c. 5 Dec. An. 1404.

Wigreve (a Wig vel Wic, quod Syl∣vam sonat) An overseer of a Wood, a Wood∣ward. Thus Spelman. But ƿig in Saxon sig∣nifies Via; so it may rather signifie an Over∣seer of the Highways.

Winches (Anno 21 Jac. cap. 32.) A kinde of Engin to draw Barges up the Water against the Stream.

Winkinga.—Et dedi eis totas Winkingas in Boschis & Plants. Mon. Angl. 1 par. fol. 592. b. Quaere.

Winter-heyning (Anno 20 Car. 2. cap. 3.) Is from the Eleventh day of November, to the 23 of April; which time, is by the said Act excepted from the liberty of Commoning in the Forest of Dean.

Wisgilthef, (Vale royal, pa. 113.) Perhaps mistaken for Weregelthef, which see.

Wite, (Sax.) Punishment, pain, penalty, a fine or mulct. Hence our Wite, or Witfree, one of the terms of Priviledge granted to our Portsmen; signifying a freedom or immunity from Fines or Amercements; not, (as it is vulgarly accepted and construed among them) from being liable to be beg'd for fooles for lack of wit or understanding. Sax. Dict. See Wyte & Gloss. in x. Scriptores.

Witerden, alias Witereden & Winterden, Was a kind of taxation among the West-Sax∣ons, imposed by the publick Counsel of the Kingdom. For wite and ••itan signifie majo∣res regni, and paedan, concilium. Charta Ethel∣wulfi Regis catholica, apud Malm. de gest. R. lib. 1. pa. 41.—Mansio (sc. quaevis Ecclesiae assignata, Sit tuta & libera ab omnibus seculari∣bus seruitiis,) Nec non regalibus tribuin, majori∣bus & minoribus, sive taxationibus, quae nos dici∣mus Witereden, &c.

Withernam, (Vestitum namium, Sax. ƿyþ •• contra, & Nam, captio, i. Reprisals) Is the taking or driving a distress to a Hold, or out of the County, so that the Sheriff cannot, upon the Replevin, make deliverance thereof to the party distreined; In which case the Writ of VVithernam, or de vetito namio is directed to the Sheriff, for the taking as many of his Beasts as did thus unlawfully distrein, or as much goods of his, till he has made deliverance of the first distress: Also, if the Beasts be in a Fortlet or Castle, the Sheriff may take with him the power of the County, as appears by the Statute VVestm. 1. ca. 20. & Briton, ca. 27. VVi∣thernam, (in Bracton, lib. 3. tract. 2. ca. 37. and in VVestm. 2. ca. 2.) seems to signifie an unlawful distress, made by him that has no right to distrein. Anno 13 Ed. 1. ca. 2. See the New Book of Entries on this word.

Waad, (Glastum) Is an Herb like Plantain, growing in some parts of England, the parts of Tolouse in France, and in Spain, much used for the dying a blew colour, Anno 7 Hen. 8. ca. 2. we call it woad, from the Italian Guado.

Wold, (Sax.) Lat. Walda,) A Plain, a Down, an open Champian ground, Hilly, and void of Wood; as Stow in the Wolds, and Cotswold in Gloucestershire. This is sometimes misunderstandingly confounded with VVeald.

Wong, (Sax. ƿang,) A Field. Tres acrae terrae jacentes in lez wongs, i. In campis opi∣nor seminalibus, magis quam pascuis, sayes Spel. So in an ancient Charter of Garradon-Abby in Leicestershire, Dat. 14 Ed. 3. There is menti∣on of the wicket-wong, which is a large piece of enclosed ground, lying before the Abby∣gate, still reteiniug the name. See VVang.

Woodgeld, (VVoodgeldum) Seems to be the gathering, or cutting wood within the Forest, or Money paid for the same, to the Foresters. And the immunity from this by the Kings Grant, is by Crompton called Woodgeld, fo. 157. Coke (on Litt. fo. 233. a.) sayes, it signifies to be free from payment of money for taking of VVood in any Forest.

Woodmen, Are those in the Forest, who have charge especially to look to the Kings woods. Crom. Jur. fo•• 146.

Woodmote Court, Is the Court of Attach∣ment of the Forest. Manw. Par 1. pa. 95. See Attachment.

UUood-plea Court, Is a Court held twice a year in the Forest of Clun, in Com. Salop, for determining all matters of wood and agistment there; and, was anciently perhaps the same with VVoodmote Court.

UUoodward, (VVoodwardus) Is an Officer of the Forest, whose Function you may under∣stand by his Oath, set down in Crom. Jur. fo. 141.

YOu shall truely execute the Office of a VVood∣ward of B. woods, within the Forest of VV. so long as you shall be Woodward there; you shall not conceal any offence, either in Vert or Ve∣nison, that shall be committed or done within your charge; but you shall truely present the same, without any favour, affection or reward: And, if you see or know any Malefactors, or find any Deer killed or hurt, you shall forthwith do the Verderor to understand thereof; and, you shall present the same at the next Court of the Forest; be it Swainmote or Court of Attachments; So help you God.

VVoodwards may not walk with Bow and Shafts, but with Forest Bills. Manwood, par. 1. pa. 189. Arcum & calamos gestare in Foresta non licet, sed (ut rescripti utar verbo) Hachet∣tum tantummodo. Sic Term. Hill. Anno 13 Ed. 3. Ebor. rot. 106.

Wool-drivers, (Anno 2 & 3 Ph. & Ma. ca. 13.) Are those that buy Wool, abroad in the Country, of Sheepmasters, and carry it on horseback to the Clothiers, or to Market-Towns to sell again.

Woolstaple, (Anno 51 Hen. 3. Stat. 5.) That City or Town where wooll was sold. See Staple.

Wool-winders, Are such as wind up every Fleece of wooll that is to be packed and sold by weight, into a kind of bundle, after it is clean∣sed in such manner as it ought to be by Statute; and, to avoid such deceit, as the owners were wont to use, by thrusting in locks of refuse wool, and other dross, to gain weight, they are Sworn to perform that office truly between the owner and the buyer. See the Statute 8 H. 6. ca. 22.—23 Hen. 8. ca. 17. and 18 Eliz. ca. 25.

Wranglands, Seen to be misgrown Trees, that will never prove timber. Kitchin, fo. 160 〈◊〉〈◊〉.

Wreck, (Wreccum maris. Sax. ƿræc, i. De∣tortum, abdicatum,) Is, where a ship is perish'd on the Sea, and no man escapes alive out of it, if any part of the Ship, or any of the Goods that were in it are brought to Land by the Waves, they belong to the King by His Prero∣gative,

or to such other person to whom the King has granted Wreck. But, if a man, a Dog or a Cat escape alive, so that the owner come within a year and a day, and prove the Goods to be his, he shall have them again by provision of the Statute of VVestm. 1. ca. 4. & 17 Ed. 2. ca. 11. See Coke, Vol. 6. fo. 106. a. Bracton, lib. 2. ca. 5. num. 7. Edouardus, Conf. Ringsted cum libertate adjacente & omni maris ejectu, quod Wrec dicitur, Ecclesiae Ramesiensi largitus est. Lib. Ramesien. Sect. 95. By which, and other Antiquities, it appears, that VVrec did not one∣ly comprehend Goods that came from a perish∣ing Ship, but whatever else the Sea did cast up∣on the Land, were it precious Stones, Fishes, or the like. For, in the Statuto Praerog. Regis, ca. 11. we read—Rex habebit Wreckum maris per totum regnum, Balenas & Sturgiones captas in mari, vel alibi infra regnum, exceptis quibus∣dam privilegiatis locis per Regem.—See Rot. Cart. 20. Hen. 3. m. 3. & Rot. Cart. 4 Hen. 3. m. 6. & Pat. 40. H. 3. in Dorso, m. 1. This in the Grand Customary of Normandy, ca. 17. Is called Uarech, and Latined Veriscum; and in some of our ancient Charters it is written Seupwerp quasi Sea-up-werp, i. Ejectus maris; from Up-werpen, ejicere. In the Sta∣tute 27 Hen. 8. ca. 26. it is called VVreke de mer. See 2 Inst. fo. 167.

Writ, (Breve) Is the Kings precept, whereby any thing is commanded to be done touching a Sute or Action, as the Defendant or Tenant to be summoned, a Distress to be taken, a Dis∣scisin to be redressed, &c. And these VVrits are variously divided in divers respects; Some in respect of their order, or manner of granting, are termed original, and some judicial. Original VVrits are those, which are sent out of the high Court of Cnancery, for summoning the Defen∣dant in a personal, or Tenant in a real Action, before the Sute begins, or to begin the Sute thereby. Those are Judicial, which are sent out by order of the Court, where the Cause depends, upon emergent occasion after the Sute begun. Old Nat. Br. fo. 51, & 147. And, judi∣cial are thus known from Original, because their Teste bears the name of the Chief Justice of that Court, whence it comes, whereas the Original saith, Teste meipso, in the name, or relating to the King, and, according to the nature of the Action they are personal or real; real are either touching the possession called VVrits of Entry; or the property, called VVrits of Right. Some VVrits are at the Sute of the Party, some of Of∣fice. Some ordinary, some of priviledge. A VVrit of Priviledge is that which a privileg d per∣son brings to the Court for his exemption, by reason of some priviledge. See Procedendo, and New Book of Entries, verbo, Priviledge. See Brief.

Writ of Rebellion. See Commission of Re∣bellion. Writ of Assistance, issues out of the Exchequer, to authorise any person to take a Constable, or other publick Officer to seize Goods or Merchandise prohibited and unco∣stomed, &c. Stat. 14 Car. 2. ca. 11.

Writer of the Tallies, (Scriptor Talliarum) Is an Officer in the Exchequer, being Clerk to the Auditor of the Receipt, who writes upon the Tallies the whole Letters of the Tellers Bills.

Wudhepec. See Pudhepeck.

Wulvesheved, Contractius Wulveshead, (Sax. ƿlfe, lupus & heofod, caput, i. Caputlupinum,) Was the condition of those, who were outlaw'd for Criminal matters in the Saxons time, or not yielding themselves to Justice. For, if they could have been taken alive, they must have been brought to the King; and, i. they for fear of being apprehended did defend themselves, they might be slain, and their heads brought to the King; For, their head was no more to be accounted of, than a VVoolfs head. LL. hdw. set forth by Lamb. fo. 127. b. num. 7. and Bracton, lib. 3. Tract. 2. ca. 11. See Utlary. V••oolfe∣shead & VVulferford, are all one. Coke on Litt. fo. 28 b.

Wyke, (VVyka) A Farm, or little Village.—Et tutam Wykam cum hominibus, &c. Mon. Angl. 2 Par. fo. 154.

Wyte, or Wite, (VVyta vcl VVita. Sax. ƿite, i. Paena, mulcta) Saxones duo mulcta∣rum genera statuere; Weram & Wptam. Wera mortis reos & gravissime peccantes libera∣bat. Wyta mediis & levioribus delictis statuta fuit, non certa sed pro qualitate commissi; alias gravior, alias levior; salvo tamen semper conte∣nemento delinquentis (ut lex loquitur in Mag. Char. ca. 14.) hoc est, aestimatione ejus, Anglice, his Countenance.—Ex his placitis quaedam emendantur centum solidis, quaedam Wera, quae∣dam Wyta, quaedam emendari non possunt. Leg. Hen. 1. ca. 13.—Emendet juxta ordinis digu••∣tatem, sive per redemptionem, i. Were; per fo∣risfacturam, i. Wite; per Legis transgressionem, i. Lasblite. MS. de LL. Canu••i in Bibl. Cot∣ton. sub tit. Vitellius, C. 9.

X.

XEnia, Dicuntur munuscula quae 〈◊〉〈◊〉 Pro∣vincialibus Rectoribus Provinciarum offere∣bantur. Vox in Privilegiorum Chartis non in∣sueta; ubi quietos esse a Xeniis, inmunes no∣tat ab hujusmodi muneribus aliisque Donis Regi vel Reginae praestandis, quando ipsi per praedia Privilegiatorum transierint; ut in Chart. Domus Semplingham. Principibus enim olim fuit in more, a subditis vel invitis munera extorquere. Itaque ab hoc jugo liberos fecit Ecclesiasticos Aethelbaldus Rex Merciorum Anno 749. ut ab exemplari Chartae suae cum apud Ingulphum Sax∣tum Wil. Malmsb. Lib. de Gestis Reg. Angl. p. 29. l. 4. His verbis habetur.—Concedo ut omni Monasteria & Ecclesiae Regni mei a pub∣licis vectigalibus, operibus & oneribus absolvan∣tur—Nec munuscula praebeant Regi vel Principibus, nisi voluntaria. Spelm.—Nulla autem persona parva vel magna ab bominibus &

terrae Radingensis Monasterii exigat, non equita∣tionem sive expeditiunem non summagia, non vecti∣galia, non navigia, non opera, non tributa, non Xenia, &c. In Memorand. Scacc. de Anno 20 Edw. 3. Trin. Rot. 3.

Y.

YA & Nay—Quod homines sui (Riponi∣enses) sint credendi per suum Ya & per suum Nay in omnibus querelis & Curiis, licet tangen. Fréedmortel, &c. Carta Athelstani Regis.

Yard (Virga) Is a well known measure of three foot in length, which (according to Sir Richard Baker) Henry the First ordained by the length of his own Arm. See Virga Terrea.

Yard Land (Virgata Terrae, a Sax. gyrd, i. Virga) Is a quantity of Land, various ac∣cording to the place. As at Wimbleton in Surrey it is but 15 Acres, in other Counties 20, in some 24; in some 30, and in others 40 Acres. Virgata terrae continet 24 acras, & 4 virgatae con∣stituunt unam Hidam, & quinque Hidae consti∣tuunt feodum militare. MS. Abbatiae Malmsb.—This Yardland, Bracton (lib. 2. cap. 10. & 27.) calls Virg〈…〉〈…〉m Terrae; but expresseth no certainty what it contains. It is called a Verge of Land. Anno 28 Edw. 1. Statute of Wares. See Seldens Titles of Honor, fol. 622.

Year and day (Annus & dies) Is a time, that determines a right in many cases, and is in some an usucaption, and in others a pre∣scription; as in case of an Estray if the owner (Proclamation being made) challenge it not within that time, it is forfeit: So is the year and day given, in case of Appeal, of Descent, after entry or claim, of Non claim upon a Fine, or Writ of Right, of the death of a Man, sore bruised or wounded; of Protections, Essoigns, in respect of the Kings Service; of a Wreck, and divers other cases. Coke, Vol. 6. fol. 107. b. and 3 Inst. fol. 53.

Year, Day, and Waste, (Annus, dies, & vastum) Is a part of the Kings Prerogative, whereby he challengeth the profits of their Lands and Tenements, for a year and a day that are attainted of Petit-Treason, or Felony, whosoever is Lord of the Mannor, whereto the Lands or Tenements do belong; and not onely so, but in the end may waste the Tene∣ment, destroy the Houses, Root up the Woods, Gardens, Pasture, and Plough up Meadows, except the Lord o the Fee agree with him for redemption of such Waste; afterwards re∣storing it to the Lord of the Fee, whereof you may read at large Stamf. Praerog. cap. 16. fol. 44.

Yelding or Yéelding, and Paying (Red∣dendo & solvendo) Is a corruption from the Sax. geldan and gyldan, Sulvere, praestare. And in Domesday Gildare, is frequently used for sol∣vere, reddere; the Saxon g being often mis∣taken into Y.

Yeme, Is an ancient corruption of Hieme, Winter, as I have seen in an old Deed—Red∣dend.—Ad Festum S. Martini in Yeme, &c. And in another of 4 Edw. 3. Thus,—Reddend quando dict. quatuor acrae terrae s••∣miaantur somine Yemali, duodecim Bussel. boni & legalis frumenti ad Festum Purificationis, &c.

Yeven or Yeoven, (as we use at the end of Indentures, and other Instruments, Yeoven the day and year first above written) Is a corrup∣tion from the Saxon Geofian, i. Dare, and is the same with Given. So Dictum de Kenelworth concludes with—Yeoven and proclaimed in the Castle of Kenelworth the day before the Ca∣lends of Nov. Anno 1256.

Yeman or Yoman (from the Sax. geman, i. Communis) These Camden in his Britan, pag. 105. placeth next in order to Gentleman, call∣ing them ingenuos, whose opinion the Statute affirms, Anno 6 Ric. 2. cap. 4. And 20 Ejusdem. cap. 2. Sir Tho. Smith in his Repub. Angl. lib. 1. cap. 23. calls him a Yoman, whom our Laws call Legalem hominem, which (says he) is in English a Freeman born, that may dispend of his own Free-land, in yearly Revenue to the sum of Forty shillings Sterling. Verstegan (in his restitution of Decayed Intelligence, cap. 10.) writes, That Gemen among the ancient Teu∣tonicks and Gemein among the Modern, sig∣nifies as much as Common, and that the first Let∣ter G. is in this word, as in many others, turn∣ed into Y. and so written Yemen, which there∣fore signifies Commoner. Yoman signifies also an officer in the Kings House, in the middle place between the Serjeant and the Groom; as Yoman of the Chaundry, Yoman of the Scallery. Anno 33 Hen. 8. cap. 12. Yoman of the Crown. Anno 3 Edw 4. cap. 5. The word Yongmen is used for Yomen in the Statute of 33 Hon. 8. cap. 10. And I have seen it written Jeman in old Deeds. See Jeman.

Yingeman. LL. Hen. 1. cap. 16. Danagil∣dum quod aliquando Yingeman dabatur, i. 12 d. de unaquaque hida per annum, si ad ter∣minum non reddatur, Wita emendetur. The Learned Spelman thinks this may possibly be mistaken for Inglishman or Englishman, though he findes it written Yingeman, both in Sir Rob. Cottons Codex, and his own.

Yvernagium (from the Fr. Hyvernee, i. The Winter-season) Was anciently used for the Winter-Seedness or Season for Sowing Corn.—Dictus vero Willielmus & haevedes sui arabunt unum Seilonem ad Yvernagium, & unum Seilonem ad Semen quadragesimale, & u∣num Seilonem ad Warettum, &c. Carta Ricardi de Harrecurt penes Tho. Wollascot Arm. Sine dat.

Z.

ZUche (Zucheus) Stips siccus & aridus, A withered or dry stock of Wood. Rex, &c. Quia accepimus per Inquisitionem, quod non est ad d••mpnum seu praejudicium nostrum, aut aliorum, si concedimus dilecto valecto nostro Ric. de Stelley omnes Zucheos aridos, qui An∣glice vocantur Stobenes infra Hayam nostram de Beskewood, quae est infra Forestam nostram de Shirewode, &c. Pla. Forestae in Com. Nott. de Anno 8 Hen. 3.—Auxilium faciend. Bur∣gensibus Salop. de vet••ris Zuchis & de mortuo bosco, &c. Claus. 4 Hen. 3. 〈◊〉〈◊〉. 10.

FINIS.

Notes

• * 2.1

  3 Edw. 6. Art. 9. 3 & 4 Phil. & Ma. Art. 16.
• * 2.2

  3 Edw. 6. Art. 20. 3 & 4 Phil. & Ma. Art. 26. 16 Edw. 1. c. 2. 3 Edw. 6. Art. 10. 3 & 4 Phil. & Ma. Art. 19, 30 & 33.
• * 2.3

  3 & 4 Phil. & Ma. Art. 31.
• * 2.4

  Ibid. Art. 4, 5.
• * 2.5

  26 Edw. 1. cap. 2. 3 & 4 Phil. & Ma. Art. 28.
• * 3.1

  What moves to Death, or kills the Dead, Is Deodand, and forfeited.
• * 3.2

  Makes it a Sanctuary.
• * 3.3

  Sedes pacis.
• * 3.4

  Fire and water, Ordael.
• * 3.5

  Free from Tax and Tri∣bute.
• * 3.6

  Frithsoke, or place of Im∣munity.
• * 3.7

  Ex Monast. Angl. 1 pa. fol. 172. b.