A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

V.

VAGABOND.

VAgabond, is one that wandereth about, rogue and vagabond are all one, whosoever wandreth about idly and loyteringly is a rogue or vagabond, although he beggeth not.

VERDICT.

Verdict, quasi verè dictum, as the saying of truth.

VILLENAGE.

Villenage. A villain signifieth as much as ser∣vus among the Civilians. A man of servile or base degree, villain from the French villein, à villa, from a Countrey Farm, whereunto they were* 1.1 deputed to do service, as our villains regardant to Mannors, were glebae ascriptitii, tied to the turf, or rather of the word vilis, of his vile and base condition.

Villenage is then the service of a Bondman, and yet a freeman may do the service of him that is bound, therefore Tenure in villenage is two∣fold.

One where the person of the Tenant is bound, and the Tenure servile, and the other where the person is free, and the Tenure servile.* 1.2

It is agreed by all men, that there were never any bondmen or villains, as the Law calleth them* 1.3 in Kent.

Villenage is where a man holdeth of his Lord,

either by doing unto him some particular base ser∣vice, and such an one is called a Tenant by vil∣lenage, or by doing generally whatsoever base ser∣vice his Lord will command, and impose upon* 1.4 him, and such a Tenant is termed in our Law a villain.

VOID.

Void, A Church Representative may become void five manner of waies.

• 1. By death.* 1.5
• 2. By creation.
• 3. By resignation.
• 4. By deprivation.
• 5. By cession, as by taking a Benefice incompatible

VOUCHER.

Voucher, in Latin vocatio, or ad vocatio, is a word of art made of the verb voco, and is in the under∣standing of the Common Law.

When the common tenant calleth another into the Court that is bound to him to warranty, that is either to defend the right against the demandant, or to yeeld him other Land.

USURY.

Usury, Usura dicitur ab usu & aere, quasi usu ae∣ra,* 1.6 id est, usus aeris, & usura est commodum certum, quod propter usum rei mutuatae accipitur.

The Statute now in force enacted, Eliz. 13. c. 8.

• 1. It alloweth not usury but punisheth the excess* 1.7
• 2. The title of the act is an act against usury, how then is it for it?
• 3. It calleth usury a detestable fin, how then can it secure the conscience of any?

The Statute of II. the 8. punished all usury above ten in the hundred, with the forfeiture of treble value. See that of Ed. 6th.

UTLARY.

Utlary, The Bishops of Durham have had their Royalties and Princely rights, so that the goods of outlawed and attainted persons out of* 1.8 the Kings Protection, fall into their hands, and not into the Kings.

Utlagatus, est quasi extra legem positus, and Bracton saith, that caput gerit lupinum,* 1.9 because he might be pu•• to death by any man, as a Wol•• that harefull beast might be. But in the be∣ginning of the reign of King Edward the third, it was resolved by the Judges, for the avoiding of inhumanity, and of effusion of Christian blood, that it should not be lawfull for any man, but the Sheriff only (having a lawfull War∣rant* 1.10 therefore) to put to death any man out∣lawed though it were for felony, and if he did, he should undergo such punishments, and pains of death, as if he had killed any other man, and so from thenceforth the Law continued untill this day.

Notes

• * 1.1

  Iudge Do∣deridge English Lawyer.
• * 1.2

  Cook on Lit.
• * 1.3

  Lambert perambul. of Kent.
• * 1.4

  Lit. lib. 2. cap. 10. sect. 12.
• * 1.5

  Cook on Lit. p. 120.
• * 1.6

  Cook 5 Rep. Claytons Case.
• * 1.7

  The Statute 21 of K. Iames, c. 17. forbids taking above 8 in the, 100 that of Queen Eliz. above 10.
• * 1.8

  Cambden of Durham.
• * 1.9

  Cook on Lit. l. 2. c. 11.
• * 1.10

  Id. ib.