Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted 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 Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England 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 Tenements 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 signification 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 Escheator 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 Admeasurement 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 Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute 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 Dotarium 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 confounded 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 Husbands 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 retribuere ideo verbo genuino carent quo hoc dignoscitur 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 demised 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 Chattels c. By which Grant when
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 Signifies 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 also 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 debitoris 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 Afâ—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 observed First at Seven years of Age her Father 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 Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage 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 Order 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 precatio 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 Curators 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 Signifies to take in and feed the Cattle of Strangers 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 termed 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 Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention 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 Satisfaction 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 pronunciation 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 Tenants 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. ordained 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
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 Tenements 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 Almner 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 difference 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 Excommunicandus Auncient Demeasn See Ancient Demeasn 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 Advowzen 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. Habere 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 usually 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 thenceforth 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 datur ad dirimendam litem sed ab ipsis litigantibus 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 Awame 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 Daughter See Aid Fitz. Nat. Br. fol. 82. and An. 12 Car. 2. cap. 24. Ayd See Aid B. BAchelor bachalaureus of the Fr. Bachalier 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 Wardens 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 Gilbert 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 latroâ—imio sc Handhabend Backberend 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
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 Forein 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 Officer 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. Emendabit 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 ipsius 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 Merchandise 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 corruption 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 argent 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 Agistors 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 disease 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 Quirinus 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 indifferently 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 Averagium aestivale fieri debet inter Hokeday Gulam Augusti Rentale Manerii regalis de Wy Gultwit according to Saxton in his description of England cap. 11. Is an amends for Trespass But I finde no such word either in Spelmans Gloss Sax. Dict. or Ancient Record Therefore doubtless mistaken for Gylewite 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 Uncouth Gwabr-merched Is a British word signifying 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 Dominus Manerii de Yrsley Com. Heref. salutem 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 Manerio quae servitia aut reditus sequntur viz. Moch-meswryd otherwise called Mastswine Gwarthegan Claimai otherwise called Cowyeld Gwabr-Merched otherwise called Lairwite 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 serviciis in futur habere poterimus c. Dat. 16 Oct. 4 Edw. 6. Penes Joh. Stead Gen. Gwalstow Gwalstowum a Sax. gwal i. Patibulum stow locus Locus patibuli seu occidendorum Omnia Gwalstowa id est occidendorum 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 transgressionum paenam delictorum quae nos dicimus Ofersegenesse gyltwite omnia quaecunque 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 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 Vodgeldis Senegeldis Horngeldis c. Diploma Hen. 3. Canonicis Monialibus de Semplingham 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 Clement the Fifth transferred the Templers which Order by a Council held at Vienne he suppressed 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 Constitution was also obeyed in Edward the Second's time here in England and confirmed by Parliament 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 mingle-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 concessionem 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 Tenement Housebote says Coke on Littl. fol. 41. b. is twofold viz. Estoverium aedificandi ardendi 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 Indictments sect 67. Hudegeld Significat quietantiam transgression 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 Constable of the next Town and will him to raise Hue and Cry or to pursue the Offendor describing 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 warning 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 Customary ca. 54. Hue is used alone Anno 4 Ed. 1. Stat. 2. In ancient Records this is called Hutesium Clamor See Cokes 2 Part Instit fol. 172. Mandatum est Gulielmo de Haverhul Thesaurario Regis quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non Levaverunt Hutesium Clamorem pro morte Magistri Guidonis de Aretio aliorum interfectorum 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 Guthruno daco foedus inierat prudentissimum illud olim a Jethrone Moisi datum secutus consilium Angliam primus in Satrapias Centurias decurias partitus est Satrapiam Shyre a Scyrian quod partiri significat nominavit Centuriam Hundred Decuriam Toothing sive Tienmantale i. Decemvirale Collegium appellavit atque iisdem nominibus vel hodie vocantur c. This dividing Counties into
offences were sometimes transmuted into pecuniary Fines if the Friends of the party slain were so content LL. Canuti Regis Par. 1. cap. 2. Magna Assisa Eligenda Is a Writ directed 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 Grâ—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 Liberties 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 obtaining of it or the great and remarkable solemnity in the denouncing Excommunication and direful 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. Mehaigner 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 Toâ— Glanvil lib. 14. cap. 7. See Brâ—ctâ—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 deforming the Body then a diminishing its strength And when the case is difficult to judge whether it be a Mahim or not the â—udges commonly behold the party wounded and sometimes take the opinion of some able Chirurgeon The Canonists call it Membri Mutilationem All agree that it is the loss of a Member or the use thereof See Skene verbo Machanium Maiden â—ents Is a Noble paid by every Tenant in the Mannor of Builth in Com. Radnor 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 Hâ—go tenebat unum Maignagium in forâ—â—jusdem villa c. Lib. Ramâ—s sect 265. See Cotland Though 4 Inst fol. 338. confounds Managium with Mâ—suagium Maile Anciently a kinde of Money Etiam latiuâ— accipitur nec tantum pro denariiâ— plâ—â—ibus sed portione aliqua rei fr 〈…〉 〈◊〉 annoâ—aria â—oc verè in plaga Angliae Borâ—ali Blackmaile dicitur ut pocuniario illo distinguatur Inquis capta post mortem Wil. de Coway Anno 20 Edw. 3. n. 63. Lanâ— Est in â—â—verston quoddam proficuuâ— vocat â—â—â—smales quâ—ddaâ— proficuum apud Plumpton vocat Cowmale Spel. See Blackmaile Mainour Manour or Meinour from the Fr. Manier i. manu tractarâ— Signifies the thing that a Theiâ— 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 delivered to the Viscount together with the Manour And again fo 149. If the Defendant were taken with the Manor and the Manour be carried to the Court they in ancient times would arraign him upon the Manour without any Appeal or Inditement Si dicti Servientes seu Balivâ— sui aliquem latronem pro aliquo furto ubicunque fâ—erit facto cum Mannopere infra feodum Dominii sui prâ—dicti ceperint seu attach si ille latro feloniam illam coram quatuor villat voluntarie cognoverit tunc liceat dictis Servientibus seu Balivis suis dictum 〈…〉 onem decollare dictus Dux Lanc. tunc â—abebit omnia bona sua c. Plac. apud Cestriam 31 Ed. 3. de Quo War in Maner de Halton In Old Nat. Br. fo 110. it is thus used where a Man makes a thing by Manour or levying 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 arâ— Mainpernable and what not Anno 3 Edw. 1. ca. 15. See Mainprise Maine-porte Is a small tribute commonly 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 Altaragâ—o in Ceragio vulgariter dict Waxshot in panibuâ— vulgariter dict Manport in incremento denariorum Sancti Petri vulgariter dict Fireharth Spelman Mainprise Manucaptio of the Fr. Main i. Manus Prins i. Captus Signifies the taking or receiving a Man into friendly custody who otherwise is or might be committed to Prison upon security given for his forthcoming at a day assigned As to let one to Mainprise 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 Mainpernable 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 already 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 Baylâ— to four or two men by the Lord Iustice in Eyre of the Foreâ—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 condeâ—nation in Civil Causes and in Criminals body for body Cottoni postâ—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
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 Dominions 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 private Laws like Petty Kings which are now abolished 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 pecuniaria in Mancipiorum filiabus maritandis Bract. lib. 2. tit 1. cap. 8. num 2. Merchetum vero pro filia dare non competit libero homini Extenta Manerii 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 Scotland 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 Mannor of Denever in the County of Carmarthen whereof Sir Edw. Rice is Lord every Tenant 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 mentioned Anno 1 Hen. 4. cap. 7. and in divers other Statutes his Office consists especially in matters of War and Arms as well with us as in other Countreys as you may read in Lupanus de Magistratibus Franciae lib. 1. cap. Marcshallus The next is the Marshal of the Kings House whose special authority is according to Britton 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 Judgment 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 recover 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 quondam 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 Rectiâ—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 enabled 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 communiam 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
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 quotidiè per terras deafforestatas ad videndum audiendum 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 presentandum 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 Signifies properly the sum paid for redeeming a Captive or Prisoner of War and sometimes a great sum paid for the pardoning some heinous 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 between Amerciament and Ransom that Ransom is the redemption of a corporal punishment due by Law to any offence Lib. 3. cap. de Amerciament 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 Brember 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 Counties 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 complaint 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 Baronum 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 married 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 Cattle 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 dicimus pro proportione vel proportionaliter Lindwood Ratification Ratificatio A ratifying or confirming It is particularly used for the confirmation 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 divided 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 appears 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 Ravishing 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 contradistinguished from Personalty Reasonable Ayd Rationabile auxilium Was a duty which the Lord of the Fee claimed 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.
mansionum connexione quod in oppidis potius expetendum esset successivis temporibus villis postea 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. Illiberalis 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 Villain 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 Nativorum apud nos sublata est conditio quas ideo possidebant terras vel praedia hodie libere tenent sub antiquae servitutis consuetudinibus Spel. Omnibus Frater Mathaeus Abbas de Halesoweign Conventus ejusdem loci salutem Noveritis 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 vero quod praefatus Johannes cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis ab omni jugo servitutis liberi maneant imperpetuum In cujus â—ei testimonium huic literae libertatis sigillum nostrum apposuimus 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 Judicium 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 Anno 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 lawful 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 pecuniary pain strotching to the discrediting the testimony of the Offendor for ever may be partaker of this name This and such like is elsewhere 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 servile 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 Bracton lib. 2. ca. 8. num 3. The division of Villenage was villain of Blood and of Tenure Tenure 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 Villenagium 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 villanous 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 Abbendon tenere de eo in Villenagio per villanas consuetudines viz. per servitium 18 d. per annum dandi Maritagium Marchetum pro filia sorore sua ad voluntatem ipsius Abbatis faciendo omnes villanas consuetudines Copyholders 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 faciunt 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 cutting 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 absciderunt virilia Johannis Monacbi quem idem Henricus deprehendit cum praedicta A. uxore ejus Rot. Claus 13. Hen. 3. m. 9. Uirga ferrea Sciant quod ego Hamundus 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 Philippâ— filiâ— Heylin cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium totidem aretro c. Ex libro Cart. Prior. Leominstr This was so many yards according to the Kings Standard in the Exchequer which anciently was of Iron now Brass Uisitation Visitatio Is that Office or Action 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