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 ...

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Deadly feud (feuda) is a profession of an un∣quenchable hatred, until we be revenged, even by the death of our enemy. It is deduced from the German word (Feed) which, as Hotoman saith, in verbis feudalibus, modo bellum, modo ca∣pitales inimicitias significat. This word is used anno 43 Eliz. cap. 13.

Dead pledge (mortuum vadium) See Mori gage.

Dean, (decanus) is an Ecclesiastical Magistrate, so called of the Greek (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 because he hath power over ten Canons at the least. How∣beit in England we use to call him a Dean, that is next under the Bishop, and chief of the Chapter ordinarily in a Cathedral Church: and the rest of the Society or Corporation we call Capitulum, he Chapter. But this word how diversly it is used read Lindwood, titulo de judic. ca. pri. verbo Decani rurales, where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning, assigned unto them by the Bishop and Archdeacon, being placed and displaced by them. As there be two foundations of Cathedral Churches in England, the old, and the new (the new be those which Henry the eighth upon suppres∣sion

of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter) so be there two means of creating these Deans. For these of the old foundation are brought to their dignity much like Bishops: the King first (ending out his Congé d'eslire to the Chap∣ter, the Chapter then chusing, the King yeeld∣ing his royal assent, and the Bishop confirming him, and giving his mandate to install him. Those of the new foundation are by a shorter course installed by vertue of the Kings Let∣ters Patents, without either election or confir∣mation. This word is also applyed to divers that are the chief of certain peculiar Churches, or Chapels, as the Dean of the Kings Chap∣pel, the Dean of the Arches, the Dean of Saint George his Chapel in Windfor, the Dean of Bocking in Essex.

Debet & solet; These words are divers times used in the Writers of the Common law, and may trouble the mind of a young Student, ex∣cept he have some advertisement of them. For example, it is said in the Old nat. br. fol. 98. This Writ (de secta molindini) being in the (debet) and (solet) is a Writ of right, &c. and again, fol. 69. A Writ of (Quod permittat) may be plead∣ed in the County before the Sheriff, and it may be in the (debet) and in the (solet) or the (debet) without the (solet) according as the Deman∣dant claimeth. Wherefore note, that those Writs that be in this sort brought, have these words in them, as formal words not be omit∣ted. And according to the diversity of the case, both (debet) and (solet) are used, or (debet) alone: that is, if a man sue to recover any right by a Writ, whereof his Ancester was disseised by the Tenant or his Ancestor, then he useth onely the word (debet) in his Writ, because (solet) is not fit by reason his Ancestor was dis∣seised, and the custome discontinued: but if he sue for any thing, that is now first of all denied him, then he useth both these words (debet & solet) because his Ancestors before him, and he himself usually injoyed the thing sued for: as sute to a Mill, or common of Pasture, until this present refusal of the Tenant. The like may be said of (debet) and (detinet) as appeareth by the Regist. orig. in the Writ de debito, fol. 140. a.

Debito, is a VVrit which lyeth, where a man oweth to another a certain summe of money upon an Obligation or other bargain, for any thing sold unto him. Fitzh. nat. br. fol. 119. This VVrit is made sometime in the Detinet, and not in the Debet, which properly falleth out, where a manoweth an Annuitie ••or a certain quantitie of wheat, barley, or such like, which he refuseth to pay, Old nat. br. fol. 75. See Debet & Solet.

Denelage (Denelagia) is the law that the Danes made here in England, out of which, and Merchenlage, and West-Saxonlage, the Conque∣rour compounded certain ordinances for his subjects, Camdeni Britan. pag. 94. & pag. 183.

Decens tales. See Tales.

Decies tantum, is a VVrit that lyeth against a Jurour, which hath taken money for the gi∣ving of his Verdict, called so of the effect, be∣cause it is to recover ten times so much as he took. It lieth also against Embracers, that procure such an Enquest, anno 38 Ed. 3. cap. 13. Reg. orig. fol. 188. Fitzh. nat. br. fol. 171. New book of Entries, verbo Decies tantum.

Deceit (deceptio, fraus, dolus) is a subtile wily shift or devise, having no other name. Hereunto may be drawn all maner of craft, subtilty, guile, fraud, wylinesse, slightnesse, cunning, covin, collusion, practice, and offence, used to deceive another man by any means, which hath none other proper or particular name, but offence, West. parte 2. symbol. titulo Indictments, sect. 68. See Cosening.

Decanniers. See Deciners.

Deceptione, is a VVrit that lyeth properly against him that deceitfully doth any thing in the name of another, for one that receiveth harm or Dammage thereby. Fitzh. nat. br. fol. 95. This VVrit is either original or judicial, as ap∣peareth by the Old nat, br. fol. 50. where you may read the use of both. For some satisfaction, take these words of that book: This VVrit of deceit, when it is original, then it lieth in case, where deceit is made to a man by another, by which deceit he may be disherited, or other∣wise evil intreated: as it appeareth by the Re∣gister, &c. And when it is judicial, then it lieth out of the Rolls of Record: as in 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 return the Writ served: whereas the said man was not warned, by which the party that sueth the (scire faci∣as) recovereth, then the party which ought to have been warned, shall have the said Writ against the Sheriff. The Author of the Termes of Law, verbo Deceit, saith, that the original VVrit of Deceit lieth, where any Deceit is done to a man by another, so that he hath not sufficiently performed his bargain or promise. In the VVrit judicial he concurreth with the former book. See the Reg. orig. fol. 112. and the Reg. Judicial in the table, verbo Decep∣tione.

Decintis solvendis pro possessionibus alienigena∣rune, is a VVrit, or Letters Patents, yet extant in the Register, which lay against those, that

had fermed the Priors aliens lands of the King, for the Rector of the Parish, to recover his tithe of them, Regist. orig. fol. 179.

Deciners, aliâs, desiners, aliâs, doziners, (decena∣rii) cometh of the French (dizeine, i. decan ten in number or old of (disenier, i. decearchus.) It figni∣fieth in the ancient monuments of our law, such as were wont to have the ouersight and check of ten Fribargs, for the maintenance of the Kings peace. And the limits or compal••e of their jurisdiction was called decenna) Bracton lib. 3. tract. 2. cap. 15. of whom you may also read, Fleta, lib. 1. cap. 27. and a touch in the Regist. orig. fol. 98. b. These seemed to have large authority in the Saxons time, taking knowledg of causes within their Circuit, and redressing wrongs by way of judgement, as you may read in the Laws of King Edward, set out by M. Lamberd, num. 32. In later times I find men∣tion of these, as in Britton, cap. 12. who saith in the Kings person (as he writeth his whole book) in this manner: VVe will, that all those which be 14 years old, shall make oath, that they shall be sufficient and loyal unto us, and that they will be neither Felons, nor assenting to Felons•• and we will, that all be (endozeint & plevis per dozeniers) that is, professe them∣selves to be of this or that Dozein, and make or offer surety of their behaviour by these or those Doziniers: except Religious persous, Clerks, Knights, and their eldest Sons, and Women. Yet the same Author in his 29 Chapter, something toward the end, doth say, that all of twelve years old, and upward, are punishable for not coming to the turn of the Sheriff, Except Earls, Prelates, Barons, Religi∣ous persons, and women. Stawnf. pl. cor. fol. 37. out of Fitzh. hath these words: The like Law is, where the Dozeniers make presentment that a Felon is taken for Felonie, and delivered to the Sheriff &c. And Kitchin out of the Re∣gister, and Britton, saith thus: Religious persons Clerks, Knights, or VVomen, shall not be De∣ceniers, fol. 33. So that hereby I gather, that of later times, this word signifieth nothing but such an one, as by oath of loyalty to his Prince, (for surety none ordinarily findeth at these dayes) is setled in the combination or society of a Dozein. And a Dozein seemeth now to extend so farre, as every Leet extendeth: be∣cause in L••ets onely this oath is ministred by the Steward, and taken by such as are twelve years old and upwards, dwelling within the compasse of the Leet where they are sworn Fitzh. nat. br. fol. 161. A. The particulars of this oath you may read in Bracton, lib. 3. tract. 2. cap. 1. num. 1. in these words: Quibus propositis (that is, the Commission of the Justices being read, and the cause of their coming being shewed) debent Justiciarii se transferre in ali∣quem locum secretam, & vocatis ad so quatuor vel sex, uel pluribus de ma oribus de comitatu, qui dicuntur Busones Comitatus & ad quorum nutum dependent vota aliorum, & sic inter se tractatum habeant Justiciarii adinvicem, & ostendant quali∣ter à Don••ino Rege & erus concilio provisum sit, quàd omnes tam milite, quàm alii qui sunt quin∣decim ann••rum & ampliùs, jurare debent quòd ut∣lagatos, murditores, robbatores, & burglatores non recepta••••nt, nec eis consentient, nec corum recepta∣toribus, &. si quos tales noverint, illos attachiari facient, & hoc Vicecomiti & balivis suis monstra∣bunt•• & si hutesium vel clameum de talibus audiverint, statim and to clamore, sequantur cum familia & hominibus de terra sua. Here Bra∣cton setreth down fifteen years for the age of those that are sworn to the Kings peace, but lib. 3. tract. 2. cap. 11. num. 5. he nameth 12 years. See Inlaughe. A man may note out of the Premisses, diversities between the ancient, and these our times, in this point of law and government, as well for the age of those that are to be sworn as also that Decennier is not now used for the chief man of a Dozen, but for him that is sworn to the Kings peace: and lastly, that now there are no other Dozens but Leets, and that no man ordinarily giveth other security for the keeping of the Kings peace, but his own oath: and that therefore none answereth for anothers transgression, but every man for himself. And for the general ground this may suffice. See Franke pledge.

Declaration (declaratio) is properly the shew∣ing forth, or laying out of an action personal in any sure, howbeit, it is used sometime, and indifferently for both personal and real actions. For example, anno. 36. E. 3. cap. 15. in these words: By the ancient terms and forms of De∣clarations, no man shall be prejudiced: so that the matter of the action be fully shewed in the Demonstration, and in the Writ: See the new Terms of Law. See Cownte.

Dedimus potestatem, is a Writ, whereby com∣mission is given to a private man for the speed∣ing of some act. appertaining to a Judge. The Civilians call it (Delegationem.) And it is grant∣ed most commonly upon suggestion that the party: which is to do something before a Judge, or in Court, is so feeble, that he cannot tra∣vel. It is used in divers cases: as to make a personal answer to a Bill of complaint in the Chaunce••ie, to make an Atturney for the following of a sute in the Countie, Hundred, Wapentake, &c. Old nat. br. fol. 20. To levie a Fine, West. parte 2. symbol. titulo Fines, sect.

112. and divers others effects, as you may see by Fitzh. nat. br. in divers places noted in the Index of the Book: In what diversity of cases this VVrit or Commission is used, see the Table of the Regist. orig. verbo, Dedimus po∣testatem.

Deeds (Facta) signifie in our Common law-writings, that contain the effect of a contract made between man and man, which the Civi∣lians call (Literarum obligationem.) And of Deeds there be two sorts, Deeds indented, and Deeds poll. VVhich division, as M. West. saith parte 1. Symbol. lib. 1. sect. 46. groweth from the form or fashion of them; the one being cut to the fashion of teeth in the top or side, the other being plain. And the definition of a deed indented, hee expresseth thus, Sect. 47. A Deed indented, is a Deed consisting of two parts, or more, in which it is expressed, that the parties to the same Deed, have to every part thereof interchangeably, or several∣ly, set their several seals. See the rest, where at the last, he sheweth the cause of the name: viz. for that consisting of more parts, each part is indented, or cut one of them into the other, that by the cut it may appear, they belong to one businesse, or contract. A Deed poll, or polled, he describeth thus: Sect. 46. Q. A polled Deed is a Deed testifying, that onely the one of the parties to the bargain, hath put his seal thereunto, after the manner there by him described: which read for your better un∣derstanding. See the new Terms of law, verbo Fait, where he sheweth, that each Deed con∣sisteth in three points: writing, sealing, and delivery.

Deer Hayse, anno 19 H. 7. cap. 11. seem∣eth to be an Engine of cords, to catch Deer.

De essendo quietum de telonio, is a VVrit that that lyeth for them which are by privilege freed from the payment of Toll, which read at large in Fitzh. nat. br. fol. 226.

Defalt (Defalta) cometh from the French (Defaut) and is an offence, in omitting that which we ought to do. West. parte 2. symbol. titulo Indictment. sect. 2. Of this hath Bracton a whole Tractate, lib. 5. tractat. 3. By whom it appeareth that a Default is most notoriously taken for non appearance in Court, at a day as∣signed. Of this you may read also in Fleta, lib. 6. cap. 14.

Defeisance (defeisantia) cometh of the French (Desfaire) or (Deffaire, i. infectum reddere quod factum est) and signifieth in our Common law, nothing but a condition annexed to an Act, as to an Obligation, a Recognisance or Statute, which performed by the Obligee or Recog∣nizee, the Act as disabled and made void, as if it never had been done, whereof you may see West. at large, part. 1. symb. lib. 2. Sect. 156.

Defendant (defendens) is he that is sued in an Action personal: as Tenant, is he which is sued in an Action real. Terms of the Law.

Defendemus, is an ordinary word in a Feof∣ment or Donation, and hath this force, that it bindeth the Donour and his Heirs, to defend the Donee, if any man go about to lay any ser∣vitude upon the thing given, other than is con∣tained in the Donation. Bracton, lib. 2. cap. 16. num. 10. See also Warrantizabimus & Acquie∣tabimus.

Defender of the Faith (defensor fidei) is a pecu∣liar title given to the King of England by the Pope, as (Catholicus) to the King of Spain, and Christianissimus to the French King. It was first given by Leo Decimus to King Henry the 8. for writing against Marsin Luther, in the be∣half of the Church of Rome, then accounted, Domicilium fidei Catholicae. Stows annals, pag. 863.

Deforsour (deforciator) cometh of the French (Forceur, i. expugnator.) It is used in our Com∣mon law, for one that overcometh and casteth out by force, and differeth from disseisour first in this, because a man may disseise another without force, which act is called simple dissei∣sin. Britton. cap. 53. next, because a man may deforce another, that never was in possession: as for example, if more have right to lands as Common heirs, and one entring keepeth out the rest, the Law saith, that he deforceth them, though he do not disseise them. Old nat. br. fol. 118. and Litleton in his Chapter, (Disconti nuance) fol. 117. saith, that he which is enfeoffed 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 dis∣seise him; because he entred, when the Tenant in tail was living, and the Heir had no present right. And a Deforsor differeth from an intru∣dour, because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour. Bracton, lib. 4. cap. pri. and a Deforsour is also by holding out the right He iras is above said.

Deliverances. See Repligiare.

Demand, (demanda vel demandum cometh of the French (Demande, i. postulatio, postulatus) and signifieth a calling upon a man for any thing due. It hath likewise a proper significatiō with the Common Lawyers opposite to plaint. For the pursute of all civil actions are either de∣mands or plaints: and the persuer is called Demandant or Plaintiff: viz. Demandant in actions real, and Plaintiff in personal. And

where the party perfuing is called Deman∣dant, there the party persued is called Te∣nant: where Plaintiff, there Defendant. See Terms of Law, verbo Demandant.

Demy haque. See Haque, and Haquebut.

Demain, (Dominicum) is a French word, otherwise written (Domaine) and signifieth (Patrimonium Domini) as Hotoman saith, in ver∣bis feudalibus, verbo Dominicum, where by di∣vers authorities he proveth those Lands to be dominicum, which a man holdeth originally of himself, and those to be feodum, which he hold∣eth by the benefit of a superiour Lord. And I find in the Civil Law (Rem dominicam) for that which is proper to the Emperor. Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur, being the 38 title of the 7 book. And (Res dominici juris, i. reipub.) in the same place. And by the word (Doma∣nium) or (Demanium) are properly signified the Kings Lands in France, appertaining to him in property, Quia Domanium definitur illud, quod nominatim consecratum est, unitum & incorpora∣tum Regiae coronae, ut scripsit Chopinus de doman••o Franciae, tit 2. per legem. Si quando 3. Cod. de bon. vacan. lib. 10. & Mathaeut de Afflictis in consti. Siciliae lib. 1. tit. De locatione Demanii, 82. which may be called, Bona incorporata & in cor∣pus fisci redacta, Skene de verborum signif. verb. Terrae Dominicales. In like manner co we use it in England: howbeit we here have no land (the Crown-land onely excepted) which hold∣eth not of a Superior. For all dependeth ei∣ther mediatly or immediately of the Crown, that is, of some honour or other belonging to the Crown, and not graunted in fee to any in∣feriour person. Wherefore no common person hath any Demaines, simply understood. For when a man in pleading, would signifie his land to be his own, he saith, that he is, or was seised therof in his demain as of Fee. Litleton, l. 1. c. 1. Whereby he signifieth, that though his land be to him and his Heirs for ever, yet it is not true Demain, but depending upon a superior Lord, and holding by service, or rent in lieu of ser∣vice, or by both service and rent: Yet I find these words used in the Kings right, anno 37 H. 8. cap. 16. and 39 Eliz. cap. 22. But the application of this speech to the King and crown land, is crept in by errour and ignorance of the word (Fee) or at least, by understanding it otherwise than of the Feudists it is taken. But Britton, cap. 78. sheweth, that this word (de∣meyn) is diversly taken: sometime more large∣ly, as of Lands or Tenements held for life, &c. and sometime more strictly, as for such onely as are generally held in see. This word sometime is used for a distinction between those lands, that the Lord of a Mannor hath in his own hands, or in the hands of his Leassee, dimised upon a rent for tearm of years or life, and such other land appertaining to the said Mannor, which belongeth to free, or copy-holders. Howbeit, the copy-hold belonging to any Ma∣nor, is also in the opinion of many good Law yers accounted Demeines: Bracton in his fourth Book, tract. 3. cap. 9. num. 5. hath these words: Item dominicum accipitur multipliciter. Est autem dominicum quod quis habet ad men∣sam suam & propriè, sicut sunt Bordlands anglicè. Itèm dicitur dominicum villenagium quod traditur villanis, quod quis tēpestivè & intempestive sumere possit pro voluntare sua, & revocare. Of this Fleta likewise thus writeth: Dominicū est multiplex. Est autē Dominicū propriè terra ad mensā assignata, & villenagium quod traditur villanis ad excolendum, & terra precariò dimissa, quae tempestiviè & pro voluntate domini poterit revocari: & sicut est de terra commissa, tenenda quàm diu commissori pla∣cuerit, poterit & dici Dominicum de quo quis babet liberū tenementū, & alius usufructum: & etiā ubi quis habet liberū tenementū, & alius curā sicut de custode dici poterit & curatore, & unde urus dici∣tur à jure, alius quoque ab homine. Dominicum eti∣am dicitur ad differentiam ejus quod tenetur in servitio. Dominicum est omne illud tenementum, de quo antecessor oblit se••situs ut de feudo, nec refert cum usufructu vel sine & de quo sie ectus esset, si viveret, recuperare posset per assisam nomine dis∣seisinae, licet alius haberet usum fructum: sicut dici poterit de illis qui tenent in villenagio, qui utuntur, fruuntur non nomine proprio sed omine Domin•• sui. Flet. lib. 5. cap. 5. sect. Dominicum autem. And the reason why Copy-hold is accounted Demeans, is because they that be Tenents un∣to it, are judged, in law, to have no other right, but at the will of the Lord. So that it is re∣puted still after a sort to be in the Lords hands. And yet in common speech, that is called ordinarily Demeans, which is neither free nor copy. It is farther to be noted, that Demain is sometime used in a more special signification, and is opposite to Frank-fee. For example, those lands, which were in the posses∣sion of King Edward the Confessour, are cal∣led Ancient Demain, and all others be called Frank-fee. Kitchin, fol. 98. And the Tenents which hold any of those Lands, be called Te∣nents in Ancient Demain, the others, Tenents in Frank-fee. Kitchin ubi supra. And also Te∣nents of the Common law, West. parte 2. Sym∣bol. titulo Fines, Sect. 25. The reason is, because Tenents in ancient Demain, cannot be sued out of the Lords Court: Terms of the Law, Verbo ancient Demain. And the Te∣nents in Ancient Demain, though they hold

all by the verge, and have none other evidence, but copy of Court rol, yet they are said to have Free-hold, Kitchin, fol. 81. See Ancient Demain.

Demain cart of an Abbot, seemeth to be that Cart, which the Abbot useth upon his own Demain. Anno 6 H. 3. cap. 21.

Demurrer (demorare) cometh of the French (demeurer, i. manere in aliquo loco vel morari) It signifieth in our Common law, a kind of pawse upon a point of difficulty in any action, and is used substantively. For in every action, the controversie consisteth either in the fact, or in the law: If in the fact, that is tried by the Ju∣ry; if in law, then is the case plain to the Judge; or so hard and rare, as it breedeth just doubt. I call that plain to the Judge, wherein he is as∣sured of the law, though perhaps the party and his councel yeeld not unto it. And in such, the Judge with his Associats proceedeth to Judgement without farther work: but when it is doubtful to him and his Associates, then is there stay made, and a time taken, ei∣ther for the Court to think farther upon it, and to agree if they can: or else for all the Ju∣stices to meet together in the Chequer cham∣ber, and upon hearing of that which the Serge∣ants shall say of both parts, to advise, and set down what is law. And whatsoever they conclude, standeth firm without farther reme∣die. Smith, de Repub. Anglo. lib. 2. cap. 13. West calleth it a Demurrer in Chancery likewise, when there is question made whether a par∣ties answer to a Bill of Complaint, &c. be de∣fective or not: and thereof reference made to any of the Bench, for the examination thereof, and report to be made to the Court, parte 2. symb. tit. Chancery, Sect. 29.

Denariataterrae. See Farding-deal of land.

Denizen, cometh of the French (donaison, i. donatio.) And signifieth in our Common law, an Alien that is infranchised here in England by the Princes Charter, and inabled, almost in all respects, to do as the Kings native subjects do, namely, to purchase, and to possesse lands, to be capable of any office or dignity. Yet it is said to be short of naturalization, because a stranger naturalized, may inherit lands by descent, which a man made onely a Denizen cannot. And again, in the Charter whereby a man is made Denizen, there is commonly con∣teined some one clause or other, that abridgeth him of all that full benefit, which natural sub∣jects do enjoy. And when a man is thus in∣franchised, he is said to be under the Kings pro∣tection; or, Esse ad fidem Regis Angliae, before which time he can injoy nothing in Englād Bra∣cton, l. 5. tract. 5. c. 25. nu. 3. Nay, he & his goods might be seised to the Kings use, Horn in his mir∣rour of Justices, lib. 1. c. de la Venue de frane plege.

Deodand (deodandum is a thing given or for∣feited (as it were) to God for the pacification of his wrath in a case of misadventure, whereby any Christian soul cometh to a vio∣lent end, without the fault of any reasonable Creature. For example, if a Horse should strike his Keeper, and so kill him: If a man in driving a Cart, and seeking to redresse any thing about it, should so fall, as the Cart wheel run∣ing over him, should presse him to death: If one should be felling of a Tree, and giving warning to company by, when the Tree were neer falling, to look to themselves, and any of them should be slain neverthelesse by the fall of the Tree. 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 distributed to the poor, for an expiation of this dreadful event, though ef∣fected by unreasonable, yea, senlesse and dead creatures. Stawnf. pl. cor. lib. 1. cap. 2. whereof also read Bracton, lib. 3. tract. 2. cap. 5. and Brit∣ton, cap. 7. and West. parte 2. symbolaeog. titulo In∣dictments, Sect. 49. And though this be given to God: yet is it forfeited to the King by law, as sustaining Gods person, and an executio∣ner in this case, to see the price of these distri∣buted to the Poor, for the appeasing of God, stirred up even against the earth and place, by the shedding of innocent blood thereupon. Fle∣ta saith that this is sold, and the price distri∣buted to the Poor, for the soul of the King, his Ancestors, and all faithful people departed this life, l. 1. c. 25. verbo, De submersis. And it seem∣eth that this Law hath an imitation of that in Exo dus, cap. 21. Si cornu petierit bos virum vel mulierem, ita ut moriatur, lapidabitur bos, neque comedetur caro ejus, ac dominus ejus erit innocens.

De Deoner anda pro rata portionis, is a Writ that lieth where one is distrained for a rent, that ought to be paid by others proportional∣ly with him. For example, a man holdeth ten Oxegangs of land by fealty, and ten shillings rent of the King, and alienateth one Oxegang thereof to one, another to another in fee. Af∣terward the Sheriff or other officer cometh, and distraineth onely one of them for the rent: he that is distrained may have this writ for his help, Fitzh. nat. br. fol. 234.

Departer, is a word properly used of him, that first pleading one thing in barre of an acti∣on, and being replyed thereunto, doth in his re∣joynder, shew another matter contrary to his first Plea. Plowden in Reniger, and Fogassa, fol. 7. & 8. And of this see divers examples in Broke, titulo Departer de son plee, &c.

Departers of Gold and Silver. See Finours.

De quibus sur disseisin, is a Writ of entry. See Fitzh. nat. br. fol. 191. C.

Dereyn (disrationare, vel dirationare) may seem to come of the French (disarroyer, i. confun∣dere, turbare) to confound or turn out of or∣der, or (desranger,) i. to set out of order, of lastly of the Norman word (desrene) for with the Normans (desrene) is nothing else but a proof of the denial of mans own fact. For Rubigineus in his grand custumarie, cap. 122 & 123. maketh mention of (lex probabilis) and (lex deraisnia) legem probabilem or (probationem) he defineth to be a proof of a mans own fact, which he saith he hath done, and his adversary denieth. His ex∣ample in this: A. sueth R. for a Hog: saying, thou shouldest deliver me a Hog for two shil∣lings six pence, which money F. paid thee: wherefore I demand my Hog. R. answereth: It is true that thou sayest, and I delivered thee thy Hog, which I am ready to prove. Deraisni∣an he defineth, to be a proof of a thing that one denieth to be done by himself; which his ad∣versary saith was done, defeating or confound∣ing his adversaries Assertion (as you would say) and shewing it to be without, and against reason or likelihood, which is avouched in our Common law it is used diversly, first generally, for to prove: as Dirationavit jus suam hares pro∣pinquior. Glanvil. lib. 2. cap. 6. and Habea probos hemmer, qui hoc viderum & audierunt, & parati sunt hoc dirationare. Idem lib. 4. cap. 6. and (Dirationavit terram illam in curia mea.) Idem lib. 2. cap. 20. 1. he proved that land to be his own, &c. And (pertinentiam eam dirationavit in vita sua, vel alio modò juste perquisivit) Idem lib. 6. cap. 12. and Bracton useth it after the same sort, in these words: Habeo sufficientem disra∣tiocinationem & probationem, lib. 4. tract. 6. cap. 16. and so he useth (disrationare) lib. 4. cap. 22. and so in Westm. 2. anno 13 Ed. pri. cap. 32. and to derein the warranty, Old nat. br. fol. 146. and to derein the warranty Paramount, anno 31 H. 8. cap. primo. And dereigner le Warranty in Plowd. casu Basset in fine 2. partis, fol. 6, 7. & 8. a. hath the same signification. So it is used, West. 2. cap. 5. anno 13 Ed. 1. in these words: And when the parson of any Church is disturbed to demand Tithes in the next Parish, by a Writ of (Indicavit) the patron of the Parson so disturbed to demand Tithes, shall have a Writ, to demand the Advowson of the Tithes, being in demand: and when it is deraigned, then shall the Plee passe in the Court Christian, as sarre forth as it is deraigned in the Kings Court. Bracton also, lib. 3. tract. 2. cap. 3. num. 1. speaking of him that appealeth another for any Treason or Felony, hath these words: Pro∣ponat accufans appellum suum in hunc modum, sc. debet dicere se interfuisse, & vidisse certo loco certo die, certa hora, & sci••isse ipsum accufatum praelocutum fuisse mortem reg••s, vel se••••tionem su∣am, vel exercitus sui, vel consensisse, vel anxiliant & consilium impendisse, vel ad hoc authoritxtem praestitisse: & hoc ego juxta considerationent curiae disrationare paratus sum. He useth it like wise as the Normans use, (Disraisniam) for him, that offereth to justifie his denial: as lib. 3. tract. 2. cap. 2 S. num. 1. in these words, Rex consilio Episcoporum & bonorum mrsit propter comitem, ut statuto die ventret ad curiam, ad disrationandum vel defendendum se, si posset. Lastly, in some places I find the substantive (dereinement) used in the very literal signification of the French (disrayer) or (defranger) that is, as a man would say, turning out of course, displacing or ferting out of order: as dereinement or departure out of Religion, anno 31 H. 8. cap. 6. and dereinment or discharge of their profession, anno 33 H. 8. cap. 29. which is spoken of those Religious men, which forsook their orders and profes∣sions: as also anno 5, & 6 Ed. 6. cap. 13. So doth Kitchin use the verb, fol. 152. in these words: The Leasse entreth into Religion, and after∣ward is dereigned. And Britton useth these words (Semounse desrenable) for a summons that may be challenged as defective, or not lawful∣ly made, cap. 21. Of this you may read some∣thing more in Skene de verb. signif. verbo Dis∣rationare; where in one signification he con∣foundeth it with our waging and making of Law.

De son tort Demesne, seem to be certain words of form in an action of trespasse, used by way of reply to the Plee of the Defendant. For example: A. sueth B. in action of Trespasse B. answereth for himself, that he did that which A. calleth a Trespasse, by the commandement of C. his Master. A. saith again, that B. did it de son tort demesne, sans ceoque. C. luy commanda modo et forma: that is, B. did it of his own wrong, without that C. com∣manded him in such form, &c.

Detinet. See Debito and Debet.

Detinew (detinendo) is a Writ that lyeth against him, who having goods or chattels de∣livered him to keep, refuseth to deliver them again. See of this Fitzh. nat. br. fol. 138. To this is answerable in some sort (actio depositi) in the Civil law. And he taketh his action of de∣tinew, that intendeth to recover the thing de∣livered, and not the Dammages sustained by the Detinew. Kitchin, fol. 176. See the new book of Entries, verbo, Detinew.

Devastaverunt bona testatoris, is a Writ lying against Executors, for paying Legacies and Debts without specialties, to the prejudice of

the creditours that have specialties, before the debts upon the said specialties be due. For in this case, the Executors are as liable to acti∣on, as if they had wasted the goods of the Te∣starour riotously or without cause. New Terms of Law.

Devest (Devestir) is contrary to Invest. For as Investire signifieth possessionem tradere. So (devestire) is (possessionem auferre) feud. lib. pri. cap. 7.

Devise, alias divise, cometh of the French (diviser, i. dispertiri, discernere, separare, distin∣guere) as (diverser parici et par la distribuere.) This word is properly attributed in our Com∣mon Law to him, that bequeaths his goods by his least Will or Testament in writing: and the reason is, because those that now apper∣tain onely to the Devisour, by this act are di∣stributed into many parts. Wherefore I think it better written divise then devise, howbeit it were not absurd, to derive this word from the French (deviser,) i. serm••cinari, fabulari, con••i∣lium conferre.) For in this sense it agreeth in some sort with the nature of the act of the Testator, and with the Etymology of a Testa∣ment set down by Justinian, who saith, that te∣stamentum is (quasimentis testatio, titulo, de testa. ordinan, in instit. and testatio mentis cannot be so well, as by talk and conference with our wise and skilful friends.

Devoires of Cales, anno 2 R. 2. Stat. 1. cap. 3. et anno 5. ejusdem, Stat. 2. cap. 2. were the cu∣stomes due to the King for Merchandize brought to or carried out from Caleis, when our Staple was there. The word is French, sig∣nifying as much as (officium) dutie.

Devorce, alias, divorce (divortium) is with our Common Lawyers, accounted that separation between two de facto married together, which is à vinculò matrimonii, non solùm à mensa & thoro. And therefore the woman so divorced, received all again that she brought with her. This is not, but only, upon a nullity of the mar∣riage through some essential impediment, as consanguinity or affinity within the degrees forbidden, precontract, impotency, or such like. See the new Tearms of Law: