The interpreter, or, Book containing the signification of words wherein is set forth the true meaning of all ... words and terms as are mentioned in the law-writers or statutes ... requiring any exposition or interpretation : a work not only profitable but necessary for such as desire thoroughly to be instructed in the knowledge of our laws, statutes, or other antiquities / collected by John Cowell ...

CU

Cuckingool, (tumbrella) is an engine invent∣ed for the punishment of Scolds and unquiet women, called in ancient time a tumbrel, Lamb. Eirenarcha, lib. 1. cap. 12. po. 62. in meo. Bracton writeth this word (Tymborella.) Kit∣chin, where he saith, that every one having view of Frank-pledge, ought to have a Pillo∣rie and a Tumbrel, seemeth by a Tumbrel, to mean the same thing, cap. Charge in Court leet. fol. 13. a.

Cuth, other, uncuth (privatus vel extraneus.) These be old English words, not yet worn out of knowledge, for the which see Roger Hoveden, parte poster. suorum annalium, fol. 345. a.

Cudutlaghe. See Couthutlaughe.

Cui ante divortium, is a Writ, that a Wo∣man divorced from her Husband, hath to re∣cover lands or tenements from him, to whom her husband did alienate them during the marriage: because, during the marriage, she could not gainsay it, Regist. orig. fol. 233. Fitzh. nat. br. fol. 204.

Cuinage, is a word used for the making up of Tinne, into such fashion as it is commonly framed into for the carriage thereof into other places, anno 11 H. 7. cap. 4.

Cui in vita, is a Writ of Entry, that a Wi∣dow hath against him, to whom her Husband aliened her Lands or Tenements in his life time: which must contain in it, that during his life time, she could not withstand it. Regist. orig. fol. 232. Fitzh. nat. br. fol. 193. See the new Book of Entries, verbo, Cui in vita.

Cuntey cuntey, is a kind of trial, as appeareth by Bracton in these words: Negotium in hoc casu terminabitur per cuntey cuntey, sicut inter cohare∣des, Bracton lib. 4. tract. 3. cap. 18. And again, in the same place: In b evi de recto negotium terminabitur per cuntey cuntey. And thirdly, lib. 4. tract. 4. cap. 2. Terminabitur negotium per breve de recto: ubi nec duellum, nec magna assisa, sed per cuntey cuntey omninò: which in mine opi∣nion is, as much as the ordinary Jury.

Curfew cometh of two French words (couv∣rir, i. tegere) and (feu, i. ignis. We use it for an Evening Peal, by the which, the Conqueror willed every man to take warning for the ra∣king up of his fire, and the putting out of his light. So that in many places at this day, where a Bell customably is rung toward Bed-time, it is said to ring Curfew: Stowes annals.

Curia avisare vult, is a deliberation, that the Court purposeth to take, upon any point or points of a cause, before judgement be resolved on. For this, see the new Book of Entries, verbo, Curia advisare vult.

Curia claudenda, is a Writ, that lyeth against him, who should fence and close up his ground, if he refuse, or deferre to do it, Regist. orig. fol 155. Fitzh. nat. br. fol. 127. See also the new Book of Entries, verbo, Curia claudenda.

Cursiter (clericus de cursu, vel cursista curiae cancellariae) is an Officer or Clerk, belonging o the Chancerie, that maketh out original Writs, anno 14, & 15 H. 8. cap. 8. They be called Clerks of Course, in the oath of the Clerks of the Chancery, appointed anno 18 Ed. 3. stut. 5. cap. unico. There be of these, 24 in number, which have allotted unto every of them certain Shires; into the which, they make out such original writs, as are by the sub∣ject required, and are a Corporation among themselves.

Curteyn (curtana) was the name of King Ed∣ward the Saint his Sword, which is the first Sword that is carried before the Kings of this Land at their Coronation, Matthaeus Parisiens. in Henrico tertio. And I have heard say, that the point thereof is broken: which may argue an emblem of Mercie.

Curtilage. See Curtelage.

Custode admittendo, & Custode amovendo, are Writs for the admitting or removing of Gardi∣ans, Reg. orig. in indice.

Custom (consuetudo) is all one in signification with our Common Lawyers and Civilians, being by them both accounted a part of the law. Consuetudo quandoque pro lege servatur (saith Bracton) in partibus ubi fuerit more utentium ap∣probata. Longaevi enim temporis usus & consuetu∣dinis non est vilis authoritas, lib. 1. cap. 3. It may be thus not unaptly defined: Custome is a law or right not written, which being esta∣blished by long use, and the consent of our An∣cestors, hath been, and is daily practised: our Ancestors, that is (majores,) and those of our kindred that are Ultra tritavum, lib. 4. §. paren∣tem, π. de in jus vocando, lib. ult. §. parentes, π. de gradibus & affini, & nominibus eorum. So that allowing the father to be so much older than his son, as (pubertas) or the years of genera∣tion

do require, the Grandfather so much elder than him, and fo forth usque ad tritavum: we cannot say that this or that is a Custome, except we can justifie, that it hath continued so one hundred years. For tritavus must be so much elder than the party that pleadeth it: yet be∣cause that is hard to prove, it is enough for the proof of a Custome by witnesse in the Common law, (as I have credibly heard) if 2 or more can depose, that they heard their Fathers say, that it was a custome all their time, and that their Fathers heard their Fathers also say, that it was likewise a custome in their time. If it be to be proved by record, the continuance of a hundred years will serve. Custome is either general, or particular: General I call that, which is current thorow England: whereof you shall read divers in the Doctor and Student, lib. pri. c. 7. very worthy to be known. Particular is that, which belongeth to this or that County, as Gravelkind to Kent, or to this or that Lord∣ship, City, or Town. Custome differeth from Prescription, for that cu••ome i•• common to more, and Prescription (in some mens opinion) is particular to this or to that man. Again Pre∣scription may be for a farre shorter time than a Custome, viz. for five years, or for one year or lesse. Example of five years Prescription you have in the levying of a Fine. For if a Fine duly levied of Lands and Tenements be not impug∣ned within five years, it excludeth all claim for ever. And if a man omit his continual claim for a year and a day: then the Tenent in pos∣session prescribeth an immunity against the en∣try of the Demandant & his Heir, Fitz. nat. br. fol. 79. Terms of the law, verbo continual claim. Out of our statutes you may have greater di∣versity, which see collected in mine Institutes, titulo de Usucapio, & longi tempo. praescript. So that Brissonius in his 14 de verbo signif. seemeth to say truly, that Prescription is an exception founded upon so long time run and past, as the Law limiteth for the pursute of any acti∣on. An example may be taken from those sta∣tutes, anno 1 H. 8. cap. 4. which enacteth, that in all action popular, information shall be made within three years after the offence commit∣ted, or else be of no force. Of like nature is the Statute, anno 7 H. 8. cap. 3. which in some cases maketh one years prescription sufficient against informations. Custome is also used for the tribute or tolle, that Merchants pay to the King for cartying in and out Merchandise, anno 14 Ed. 3. stat. 1. cap. 21. in which signi∣fication it is Latined (Custuma) Register orig. fol. 138. a. r 29. a. And lastly, for such services, as Tenents of a Mannor owe unto their Lord: New book of Entries, verbo Custome.

Customary tenents, (tenentes per consuetudinem) are such Tenents, as hold by the Custom of the Mannor, as their special evidence. See Copie∣holds.

Custos brevium, is the principal Clerk belong∣ing to the Court of Common Plees: whose office is to receive and keep all the Writs, and put them upon files, every return by it self, and at the end of every Term to receive of the Pro∣tonotaries all the Records of (Nisi prius) called the (postea.) For they are first brought in by the Clerk of Assise of every circuit to the Protonotary that entred the issue in that mat∣ter, for the entring of the Judgement. And then do the Pronotaries get of the Court per∣emptory day, for every party to speak what he hath to allege in arrest of Judgement: which day being past, he entreth the Verdict and Judgement thereupon into the rols of the Court: and that done, he doth in the end of the Term deliver over to the Custos brevium, all the Records of (Nisi prius) which came to his hand that term: which received, he bindeth in∣to a bundle and bestoweth them. The Custos breviam also maketh entry of the Writs of Co∣venant, and the Concord upon every Fine: and maketh forth exemplifications and Copies of all Writs and Records in his office, and of all Fines levied. The Fines after they be ingros∣sed, the parts thereof are divided between the Custos brevium and the Chirographer: whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note, the Custos brevium keepeth the concord and the foot of the Fine, upon the which foot the Chi∣rographer do because the Proclamations to be endorsed, when they be all proclaimed. This Office is in the Princes gift.

Custos placitorum coronae: Bracton, l. 2. cap. 5. This seemeth to be all one with him, whom we now call (Custos rotulorum) Of this Officer I find mention in the Writ (odio & acia) Regist. orig. fol. 133. b.

Custos rotulorum, is he, that hath the custo∣die of the Rolls or Records of the Sessions of Peace: and (as some think) of the commission of the Peace it self. Lamb. Eirenarch. lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum, in the County where he hath his Of∣fice, Idem, eodem, and by his Office he is rather termed an Officer or Minister than a Judge: because the Commission of the Peace layeth, by expresse words, this especial charge upon him, quòd addies & loca praedicta, brevia, prae∣cepta, praecessus, & indictamenta prodictacoram te & dictis sociis tuis venire facias. Idem, eodem. where read a competent tract of other things belonging to this Office.

Custos of the spiritualities (custos spiritualitatis vel spiritualium) is he that exerciseth the Spiri∣tual or Ecclesiastical Jurisdiction of any Di∣oces, during the vacancie of the See: the ap∣pointment of whom by the Canon Law apper∣taineth to the Dean and Chapter. ca. ad abolen∣dā Extra. Ne sede vacante aliquid innovetur. But with us in England to the Arch-bishop of the Province by Prescription. Howbeit, divers Deans and Chapters (if M. Gwin say truly in the Preface to his Readings,) do challenge this by auncient Charters from the Kings of this Land.

Cutter of the tayls, is an Officer in the Exche∣quer, that provideth Wood for the Tayles, and cutteth the sum paid upon them, and then cast∣eth the same into the Court to be written up∣on.