appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
lastly to be out of Court voluntarily Confession of Offence COnfession of Offence is when a prisoner is appealed or indicted of Treason or Felony and broughe to the Bar to be arraigned and his Indictment is read unto him and he is demanded by the Court what he can say thereto then either he confesses the Offence and the Indictment to be true or he estranges himself from the Offence and pleads not guilty or else gives an indirect answer and so in effect stands mute Confession may be made in two sorts and to two several ends The one is he may confesse the offence whereof he is indicted openly in the Court before the Iudge and submit himself to the censure and judgement of the Law which Confession is the most certain answer and best satisfaction that may be given to the Iudge to condemn the Offendor so that it proceeds freely and of his own accord without any threats force or extremity used for if the Confession arise from any of these causes it ought not to be recorded As a woman was indicted for the felonious taking of Bread to the value of two shillings and being thereof arraigned she confessed the Felony and said that she did it by the commandment of her husband and the Iudges in pity would not record her Confession but caused her to plead Not guilty to the Felony whereupon the Iury found that she stole the Bread by the compulsion of her husband against her will for which cause she was discharged 27 Assis pla 50. The other kind of Confession is when the prisoner confesses the Indictment to be true and that he hath committed the Offence whereof he is indicted and then becomes an Approver that is an Accuser of others who have committed the same Offence whereof he is indicted or other Offences with him and then prayes the Iudge to have a Coroner assigned him to whom he may make relation of those Offences and the full circumstances thereof There is also a third kind of Confession made by an Offendor in Felony which is not in Court before the Iudge as the other two are but before a Coroner in a Church or other priviledged place upon which the Offendor by the ancient Law of the Realm is to abjure the Realm Confirmation COnfirmation is when one who hath right to any Lands or Tenements makes a Deed to another who hath the possession or some Estate with these words Ratificasse Approbasse Confirmasse with intent to enlarge his Estate or make his possession perfect and not defesible by him that makes the Confirmation nor by any other that may have his right Whereof see more in Littl. l. 3. cap. 9. of Confirmation Confiscate COnfiscate is derived from the Latine Fiscus which originally signifies a Hamper or Basket but metonymically the Princes Treasure because in ancient time it was put in the Hampers or Frails And though our King doth not put his Treasure in such things yet as the Romans have said that such goods as were forfeited to the Emperors Treasury were Bona Confiscata in like manner do we say of such goods as are forfeited to the Kings Exchequer And the title to have these goods is given to the King by the Law when they are not claimed by some other As if a man be indicted that he feloniously stole the goods of another man where in truth they are the proper goods of him indicted and they are brought in Court against him as the manner and he there asked what he says to the said goods to which he disclaimes by this Disclaimer he shall lose the goods although that afterwards he be acquitted of the Felony and the King shall have them as confiscated But otherwise it is if he doth not disclaim them The same Law is where goods are found in the Felons possession which he disavows and afterwards is attainted of other goods and not of them there the goods which he disavows are confiscate to the King But had he been attainted of the same goods they should have been said to be forfeited and not confiscate notwithstanding his Disavowment So if an Appeal of Robbery be brought and the Plaintiff leaves out some of his goods he shall not be received to enlarge his Appeal and forasmuch as there is none to have the goods so left out the King shall have them as confiscate according to the old rule Quod non capit Christus capit Fiscus And as in the case aforesaid the Law punishes the owner for his negligence and connivency so the Law abhors malice in seeking the bloud of any without just cause And therefore if A. hath the goods of B. by delivery or finding and B. brings an Appeal against A. for taking them feloniously and it is found that they were the Plaintiffs goods and that the Defendant came lawfully by them in this case these goods are confiscate to the King because of the false and malicious Appeal Congeable COngeable comes of the French word Conge id est venia and signifies in our Common Law as much as Lawfull or lawfully done and so Littleton uses it in his 410. sect where he says that the Entry of the Disâ— elsee is Congeable Conged ' eslire COnge Ä‘ eslire i Leave to chuse or Power of chusing is the Kings Royal Permission to any Dean and Chapter in time of Vacancy to chuse a Bishop or to an Abbey or Priory of his own foundation to chuse their Abbot or Prior. Fitzh Nat. Brev. fol. 169. b. 170. b. c. c. Master Gwin in the Preface to his Readings saith That the King of England as Soveraign Patron of all Archbishopricks Bishopricks and other Ecclesiastical Benefices had of ancient time free disposition of all Ecclesiastical Dignities whensoever they happen'd to be void investing them first per baculum annulum and afterwards by his Letters Patents and that in progress of time they gave power to others to make Election under certain forms and conditions as namely that they upon e â— ery Vacation should beg of the K. Conge de eslire that is licence to proceed to Election and after to crave his Royal Assent c. And farther he affirms by good proof out of the Common-Law Books that King John was the first that granted it and that it was afterward confirmed by Westm 1. c. 1. which Statute was made Anno 3 E. 1. and again by the Statute de Art Cleri c. 2. which was ordained Anno 25 E. 3 Stat. 3. Conjuration COnjuration is a Compact or Plot made by men combining themselves together by oath or promise to do any publick harm But it is more commonly used for such as have personal Conference with the Devil or evil Spirit to know any secret or to effect any purpose Anno 5 Eliz. c 16. And the difference between Conjuration and Witchcraft may be this Because the one seems by Prayers and Invocation upon the powerful Name of God to compell the Devil to say or do what he
Finite is that which is limited by Law how often it shall be made to bring the party to trial of the Action as once or twice Old Nat. Brev. f. 43. Distresse infinite is without limitation untill the party comes as against a Iury that refuses to appear upon Certificate of Assise the Process is a Venire facias Habeas corpora and distresse infinite Old nar Brev. f. 113. Then it is divided into the grand Distresse as Anno 52 H. 3. c. 7. which Fitzh calls in Latine Magnam Districtionem Nat. Brev. 126. a. and an ordinary distresse A grand Distresse is that which is made of all the goods and chattels which the party had within the County Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite idem fol. 80. with whom also the Statute of Marlbridge seems to agree Anno 52 H. 3. c. 7. 9 12. See the Old Nat. Brev. 71. b. Distringas DIstringas is a Writ directed to the Sheriff or any other Officer commanding him to distrain for a Debt to the King c. or for his appearing at a day See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men Of which see 1 Cro. Rep. 204. in t ' Reg. Inhabit ' de Epworth Dividend DIvidend is a word used in the Statute of Rutland Anno 10 E. 1. where it seems to signifie one part of an Indenture See Anno 28 ejusdem Stat. 3. c. 2. Divorce DIvorce See Devorce Docket DOcket is a Little piece of Payer or Parchment written that contains in it the effect of a Greater Writing See the Statute 2 3 P. M. c. 6. M. West part 2. tit Fines sect 106. calls it Dogget Dog-draw DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest There are four kinds of them observed by Manwood part 2. c. 18. num 9. of his Forest Laws that is Dog-draw Stable stand Back-bear and Bloudy-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound led in his hand Dogger DOgger is a kind of Ship Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven c. Doggermen Anno 2 H. 8. c. 4. Dole-fish DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance See the Statute Anno 35 H. 8. c. 7. Dominus litis IS the Advocate in the Civil Law who after the death of his Client prosecutes a Suit to sentence for the Executors use Domo reparan â—â— DOmo reparanda is a Vr. that lies for one against his neighbour by the fall of whose House he fears some hurt will come to his own Reg. orig fol. 123. Doom DOom from the Saxon Dom signifies Iudgment a word much used in References to Arbitrators Dooms-day DOoms-day is a Book that was written in the time of S. Edward the Confessor as the Author of Old Nat. Brev. saith fol. 15. and before in the title of Ancient demesne containing in it not only all the Lands through England but also all the names of those in whose hands they were at that time when the Book was made Lambert proves that this Book was made in the time of William the Conquerour with whom Cambden in his Britan. pag. 94. agrees proving it out of Ingulphus that flourished the same time who touching the contents thereof hath these words It describes the whole Land neither was there one Hide in all England whose Value and Possessour was unknown nor any Pool or place not describ'd in the Kings Roll and the Rent profits Possession it self and Possessor not made known to the King according to the fidelity of the Taxers who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English for its generality in that it contains all the Tenements contained throughout the Land it is surnamed Dooms-day And this Book is sometimes called Liber Judicatorius because in it is contained a diligent Description of the Kingdom and it expresses the value of all the ground thereof as well in the time of King Edward as in the time of King William under whom it was compiled Doomsman SEem to be Suitors in a Court of a Mannor in Auntient demesne who are Iudges there Donative DOnative is a Benefice meerly given and collated by the Patron to a man without either Presentation to or Institution by the Ordinary or Induction by his commandment F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis c. 11. num 1. hath these words But if Chappels founded by Lay-men were not approved of 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 M. Gwyn in the Preface to his Readings saith That the King might of antient time found a free Chappel and exempt it from the Iurisdiction of the Diocesan So also he may by his Letters Patents give licence to a common person to found such a Chappel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be deprivable by the Founder or his heir and not by the Bishop and this seems to be the original of Donatives in England Fitzherbert saith fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents And all Bishopricks were of the Foundation of the Kings of England and therefore in the antient time they were Donative and given by the Kings yet now the Bishopricks are become by the Grants of the Kings eligible by their Chapter Coke l. 3. f. 76. Donor and Donee DOnor is he who gives Lands or Tenements to another in tail and he to whom the same is given is called Donee Dorture DOrture is a common Room place or Chamber where all the Religious of one Covent slept and lay all night Anno 25 H. 8. cap. 11. Double Plea DOuble Plea is where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended and each one by it self is a sufficient Bar or Answer to the Action then such double Plea shall not be admitted for a Plea except one depend upon another and in such case if he may not have the last Plea without the first then such a double Plea shall be well received Double Quarel DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of
always put in the latter end of Deeds without which words the Deed is insufficient And because we are about Sealing and Signing of Deeds it shall not be much amiss here to shew you for Antiquities sake the manner of Signing and Subscribing Deeds in our Ancestors the Saxons time a fashion Differing from that we use now in this That they to their Deeds subscribed their Names commonly adding the Sign of the Cross and in the end did set down a great number of Witnesses not using at that time any kind of Seal And we at this day for more surety both subscribe our Names though that be not very necessary and put to our Seals and use the help of Witnesses besides That former fashion continued absolute until the time of the Conquest by the Normans whose manners by little and little at the length prevailed amongst us for the first Sealed Charter in England is thought to be that of King Edward the Confessour to the Abbey of Westminster who being educated in Normandy brought into this Realm that and some other of their Fashions with him And after the coming of William the Conquerour the Normans liking their own Country Custom as naturally all Nations do rejected the manner that they found here and retained their own as Ingulphus the Abbot of Croiland who came in with the Conquest Witnesses saying The Normans do change the making of Writings which were wont to be firmed in England with Crosses of Gold and other holy Signs into an impression of Wax and reject also the manner of the English Writing Howbeit this was not done all at once but it increased and came forward by certain degrees so that first and for a season the King only or a few other of the Nobility used to Seal then the Noble-men for the most part and none other Which thing a man may see in the History of Battel Abbey where Richard Lucie Chief Iustice of England in the time of King Henry the Second is reported to have blamed a mean Subject for that he used a private Seal whereas that pertained as he said to the King and Nobility only At which time also as J. Rosse notes it they used to ingrave in their Seals their own Pictures and Counterfeits covered with a long Coat over their Armors But after this the Gentlemen of the better sort took up the Fashion and because they were not all Warriors they made Seals ingraven with their several Coats or Shields of Arms for difference sake as the same Author reports At length about the time of King Edward the third Seals became very common so that not only such as bare Arms used to Seal but other men also fashioned to themselves Signers of their own devices some taking the Letters of their own Names some Flowers some Knots and Flourishes some Birds and Beasts and some other things as we now yet daily see used Some other manners of Sealing besides these have been heard of among us as namely that of King Edward the third by which he gave to Norman the Hunter The Hop and the Hop-Town With all the bounds upside down And in witness that it was sooth He bit the Wax with his foretooth The like to this was shewed me by one of my Friends in a loose Paper but not very anciently written and therefore he willed me to esteem of it as I thought good It was as follows I William King give to thee Powlen Royden my Hop and my Hop-Lands with all the bounds up and down from Heaven to Earth from Earth to Hell for thee and thine to dwell from me and mine to thee and thine for a Bow and a broad Arrow when I come to hunt upon Yartow In witness that this is sooth I bit this Wax with my tooth in the presence of Magge Maud and Margery and my third son Henry Also that of Alberick de Vere containing the Donation of Hatfield to which he affixed a short black-hafted knife like an old half-peny whittle instead of a Seal with Divers such like But some peradventure will think that these were received in common use and custom and that they were not the devices and pleasures of a few singular persons such are no less deceived then they that deem every Charter and Writing that hath no Seal annexed to be as ancient as the Conquest whereas indeed Sealing was not commonly used till the time of King Edw. 3. as hath been already said 3. Delivery though it be set last is not the least for after a Deed is written and sealed if it be not delivered all the rest is to no purpose And this Delivery ought to be done by the party himself or his sufficient Warrant and so it will binde him whosoever wrote or sealed the same and by this last act the Deed is made perfect according to the intent and effect of it and therefore in Deeds the Delivery is to be proved c. Thus you see Writing and Sealing without Delivery is nothing to purpose Sealing and Delivery where there is no Writing work nothing And Writing and Delivery without Sealing make no Deed Therefore they all ought joyntly to concur to make a perfect Deed. Faitour FAitour is a word used in the old repealed Statute of 7 R. 2. cap. 5. and it is there taken in the worser sense for an Evil doer or an Idle companion and it seems there to be a Synomymon to Vagabond Fardingdeale FArdingdeal otherwise Farundel of Land signifies the Fourth part of an Acre Cromptons Jurisd fol. 220. b. Quadrantata terrae is read in the Reg. orig fol. 1 b where you may have Denariata and Obolata Solidata and Librata terrae which by probability must rise in proportion of quantity from Fardingdeal as a Half-peny Peny Shilling or Pound rise in value or estimation then must Obolata be Half an Acre Denariata the Acre Solidata Twelve Acres and Librata Twelve score Acres Yet in the Reg. orig fol. 94 and 248. you may find viginti Libratas terrae vel reditus whereby it seems that Librata terrae is as much as yields twenty shillings by the year and centum Solidatas terrarum tenementorum redituum fol. 249. And in F. N. B. f. 87. there are these words Viginti Libratas terrae vel reditus which proves this to be so much Land as is rated at twenty shillings by the year See Furlong Farm or Ferm FArm or Ferm is usually the chief Messuage in a Village or Town whereto belongs great Demeans of all sorts and hath been used to be let for term of Life Years or at Will The Rent that is reserved upon such a Lease or the like is called Farm or Ferm And Farmor or Fermor is he that Tenants the Farm or Ferm or is Lessee thereof Also generally every Lessee for life years or at will is called Farmor or Fermor And note That they are calltd Farms or Ferms of the Saxon word Feormian which signifies to Feed or yield Victual For in ancient
King certain Land by the Service of carrying his Banner or Launce or to lead his Host or to be his Carver or Butler at his Coronation or the like and that is the most Honorable Service that a Tenant may do and for that it is called Grand Serjeanty But Petit Serjeanty is when one holds of the King paying him yearly a Bow a Sword a Spear or such like and that is but Socage in effect but a man cannot hold in Grand Serjeanty or Petit Serjeanty but of the King Also if a Tenant by Grand Serjeanty dies his Heir being of full age shall pay to the King for Relief the value of the Lands besides the charges that he pays to the King by Grand Serjeanty but he that holds by Escuage shall pay for his Relief but C. 5. Those that are in the Marches of Scotland who hold of the King by Cornage that is to blow an Horn when the Scots enter England are Tenants in Grand Serjeanty Also where a man holds of the King to find a man in his Wars within the Realm that is called Grand Serjeanty because it is done by a mans Body And if the Tenant cannot find a man to do it he is bound to do it himself But see the Stat. 12 Car. 2. c. 24. whereby all Tenures are now turned into Free and Common Socage Gree. GRee comes of the French word Gre good liking and it signifies in our Law Contentment or Satisfaction as in the Statute of 1 R. 2. c. 15. to make Gree to the parties is to give them Contentment or Satisfaction for an Offence done unto them Green hew GReen hew is all one with Vert as appears by Manwood in his Forest Laws cap. 6. sect 5. And for it see Vert. Green Wax GReen Wax is a word used in the Statutes of 42 E. 3. c. 9. and 7 H. 4. c. 3. and signifies the Estreats of Issues Fines and Amerciaments in the Exchequer and delivered out to the Sheriffs under the Seal of the Court to be levied by them in their several Counties Grithbreach GRithbreach that is the Kings Peace broken because Grith in English is Pax in Latine Gule of August GUle of August is the first day or the Calends of August which in the time of E. 1. and E. 3. was called ordinarily the Gule of August as appears by F. N. B. f. 62. l. and Plowdens Com. f. 316. b. It is the very day of S. Peter ad vincula and the reason why it was called the Gule of August is conceived upon a Story recorded by Durandus in his Rationale Divinorum l. 7. c. 19. of a Miracle wrought by S. Peter's Chain upon the daughter of one Quirinus a Tribune of Rome who by the kissing of that Chain was healed of the Kings Evil in her Throat gula And see Hospinian de origine festornm f. 85. b. Gultwit GUltwit is an Amends for Trespass according to Saxton in his Description of England c. 11. H. Habeas Corpus HAbeas Corpus is a writ which a man indited of any Trespass before Iustices of the Peace or in a Court of any Franchise and upon his Apprehenston being laid in Prisost for the same may have out of the Kings Bench thereby to remove himself hither at his own Costs and to answer the Cause there F. N. B. f. 250. h. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Iustices for the removing of the Indictment into the Kings Bench and upon that to procure this writ to the Sheriff to cause his Body to be brought at a day Reg. Judic f. 81. where you may find many cases wherein this writ shall be used Habeas Corpora HAbeas Corpora is a writ which lies against a Iury or any of them that refuse to come upon the Venire facias for the Trial of a Cause brought to issue Habendum HAbendum is a word of form in a Conveyance to the true understanding whereof it is to be observed That in every Deed or Conveyance there are two principal parts the Premisse and the Habendum The Office of the Premisses is to express the Name of the Grantor the Grantee and the thing to be granted The Office of the Habendum is to limit the Estate so that the general Implication of the Estate which by construction of Law passes in the Premisses is by the Habendum controlled and qualified as in a Lease to two men Habendum to the one for life the Remainder to the other for life alters the general Implication of the Joynt-tenancy in the Free-hold which passes by the Premisses if the Habendum were not See Coke l. 2. c. 55. HAbere facias Seisinam Habere facias Seisinam is a Writ Iudicial that lies where one hath recovered certain Lands in the Kings Court then he shall have this writ directed to the Sheriff commanding him to give him Seisin of that Land and it shall not be retornable Habere facias Visum HAbere facias Visum is a writ that lies in divers Cases where view is to be taken of the Lands or Tenements in question See F. N. B. In Indice verbo View Bract. l. 5. tract 3. c. 8. Half-blood HAlf blood See Demysank Half Seal HAlf Seal is a Seal used in Chancery for the Sealing of Commissions to Delegates upon an Appeal in a Cause civil or marine as it appears by the Statute made in 8 Eliz. c. 3. Halymote HAlymote is a Court-Baron as appears by Manwood in his Forest Laws c. 23. f. 217. a. And it is called Halymote that is the Meeting of the Tenants of one Hall or Mannor Hambling or Hoxing of Dogs HAmbling or Hoxing or Hock-sinewing of Dogs are old Forrest terms for the Lawing of Dogs when the Custom was as appears in Manwood's Forrest Laws c. 16. sect 12. to cut or gash Dogs in the Hamms but now they use to do it in their Feet Of which see Expeditate Hand-gun HAnd-gun is an Engine which is prohibited to be used and carryed about by the Statute of 33 H. 8. c. 6. And though a Dag was invented of late time and after the making of the said Act and is not known by the name of Hand-gun but a special name yet the carrying of a Dag is within the said Act and comprehended within the word Hand-gun So whereas Cross-bows are forbidden by the said Act thereby Stone-bows are also forbidden See Coke l. 5. f. 71 72. Hangwit HAngwit is to be quit of a Thief or Felon hanged without Iudgment or escaped out of your custody Hanper HAnper of the Chancery Anno 10 R. 2. c. 1. seems to signifie as Fiscus originally does in Latine Haque HAque is a little Hand-gun of three quarters of a yard long and it is mentioned in the Statutes of 33 H. 8. c. 6. and 2 3 E. 6. c. 14. There is also mention made of an half Haque Haquebut HAquebut is a Gun mentioned in the
have any real or personal Action concerning land but in every such Action the Tenant or Defendant may plead that he was born in such a place which is not within the Kings liegeance and demand judgment if he shall be answered Every alien friend may by the Common Law have and get within this realm by gift trade or other lawful ways any treasure or personal goods whatsoever as well as any Englishman and may maintain any Action for the same But Land within this realm or houses if not for their dwelling only Alien friends connot have nor get nor maintain any Action real or personal for any Land or House unless the House be for their necessary dwelling An Alien enemy cannot maintain any Action nor get any thing within this Realm And the reasons why aliens born are not capable of inheritance within England are 1. The Secrets of the Realm may by this be discovered 2. The Revenues of the Realm shall be taken and injoyed by Strangers born 3. This will tend to the destruction of the Realm First in the time of war for then Strangers may fortifie themselves in the heart of the Realm and set in combustion the Common-wealth Secondly in the time of peace for by such means many Aliens born may get a great part of the Inheritance and free-hold of the Realm by which there would ensue a want of Iustice the supporter of the Common-wealth for this that Aliens cannot be returned of Iuries nor sworn for the tryal of Issues between the King and Subject or between Subject and Subject Vide Coke lib. 7. Calvins Case Alienation ALienation is as much to say as to make a thing another mans or to alter or put the possession of Lands or other things from one man to another And in some cases a man hath power in himself so to do without the assent or licence of any other and in some not As if Tenant in chief alien his estate without the Kings licence then by the St. of 1 Ed. 3. c. 12. a reasonadle Fine shall be taken where at the Common Law before the said St. the Lands and tenements held in chief of the K. and aliened without licence have been held forfeited And if the K's Tenant that holds in chief intended to alien unto C. to the use of D. and hereupon if he purchase Licence to alien to C. and accordingly aliens to C. to the use of D. which use is not mentioned in the Licence in this case he shall pay but one Fiue for it is but one Alienation Coke lib. 6 fol. 28. But if a man will alien Lands in Fee-simple to an House of Religion or to a body incorporate it behoves him to have the Kings Licence to make this Grant or Alienation and the chief Lords of whom such lands are held c. otherwise the land so alienated in Mortmain shall be forfeited by the Statute of 15 R. 2. cap. 5. Allay ALlay is the Temper or mixture of Gold and Silver with baser metal for the increasing the weight of it so much as might countervail the Kings charge in the coyning This word is used in the Statute of 9 H. 5. cap. 11. for the payment of English Gold by the Kings weight Almner ALmner is an Officer of the Kings house whose Office is to distribute the Kings Alms every day and to that purpose he hath the collecting of all Forfeitures of Deodands and of the goods of Felons de se which the King allows him to dispose in Alms to the poor And of his Office see Flets lib. 2. cap. 22. Almoin ALmoin See Aumone Alnager ALnager is an Officer of the Kings who by himself or by his Deputy looks to the Assise of all Cloth made of Wool throughout the Land and to put a Seal for that purpose ordained unto them 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. And he is to be accomptable to tae King for every Cloth that is so sealed in a Fee or Custom hppertaining to it Altarage ALtarage in Latin Altaragium signifie Duties and Offerings to holy Altars mention'd 2 Cro. Rep. 516. that a Vicarage was endowed with it and small Tythes Ambidexter AMbidexter is he that when a matter is in suit between men takes money of the one side and of the other either to labour the Suit or such like or if he be of the Iury to give his Verdict Amendment AMendment is When Error is in the Process the Iustices may amend it after Iudgment But if there be Error in giving Iudgment they may not amend it but the party is put to his Writ of Error And in many cases where the default appears in the Clerks that writ the Record it shall be amended but such things as come by information of the party as the Town Mystery and such like shall not be amended for he must inform true upon his peril Amercement AMercement most properly is a Penalty assessed by the Peers or equals of the party amerced for an offence done as for want of Suit of Court or for not amending someting that he was appointed to redress by a certain time before or for such like cause in which case the party who offends puts himself in the mercy of the King or Lord and thereupon this Penalty is called Amerciament And there is a difference between Amerciaments and Fines Kitch 214. For Fines are Punishments certain which grow expressy from some Statute and Amerciaments are such which are arbitrarity imposed by the Affeerors which Kitchin seems to confirm fol â— 8. in these words The Amerciament is affeered by Equals Also it appears Coke lib. 8. fol. 39. That a Fine is always imposed and assessed by the Court but Amerciament which is called in Latin Misericordia is assessed by the Country Another diversity there is as if a man be convict before the Sheriff of the County of a Recaption he shall be only amerced but if he be convict of this in the Common Bench he shall be fined And the reason of this diversity is That the County Court is not a Court of Record and therefore cannot impose a Fine for no Court can impose a Fine but such a Court as is of Record Cok. lib. 8. fol. 41. a. If the Defendant or Tenant plead a false Deed to him or deny his own Deed and this is found against him or he leaving his own Verification acknowledges the Action he shall be fined for his falsity because we ought to be sure of our own Acts. But if one deny the Deed of his Ancestor and this is found against him yet he shall not be fined but amerced only because it was the act of a Stranger Co. lib. 8. fol. 60. a. see more there Amercement royal AMercement royal is when a Sheriff Coroner or other such Officer of the King is amerced by the Iustices for his abuse in the Office Learn if it should not be called a Fine Amoveas manus AMoveas manus See Ouster le
commands and the other doth it rather by a friendly and voluntary Conference or agreement between him or her and the Devil or Familiar to have his or her desires and purposes effected instead of blood or other gift offered him especially of his or her Soul And both these differ from Enchantments or Sorceries because they are personal Conferences with the Devil as is said but these are but Medicines and ceremonial forms of words commonly called Charms without apparition Conservator of the Peace COnservator of the Peace is he that hath an especial charge by virtue of his Office to see the Kings Peace kept Which Peace in effect is defined to be A with-holding or abstinence from that injurious force and violence that unruly and boisterous men are in their natures prone to use towards others were they not restrained by Laws and fear of Punishment Of these Conservators Lambert farther saith That before the time of King E. 3 who first appointed Iustices of Peace there were sundry persons who by the Common Law had interest in keeping of the Peace Of those some had that charge as incident to their Offices and so included within the same and yet notwithstanding were called by the name of their Office only others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace And both these sorts are again subdivided by Lambert in his Eirenarcha l. 1. c. 3. Conservator of the Truce COnservator of the Truce was an Officer appointed in every Port of the Sea under the Kings Letters Patents and had 40 li. for his yearly stipend at the least His charge was to enquire of all Offences done against the Kings Truce and Sa â— e conducts upon the main Sea out of the Countries and Liberties of the Cinque-Ports of the King as the Admirals have accustomedly done and such other things as are declared Anno 2 H. 5. cap. 6. Touching this matter you may read the other Statute of Anno 4 H. 5. c. 7. Consideration COnsideration is the material cause of a Contract without which no Contract can bind the party This Consideration is either expressed as when a man bargains to give twenty shillings for an Horse or is implied as when the Law it self inforces a Consideration as if a man comes into a common Inne and there staying some time takes meat or lodging or either for himself or his horse the Law presumes he intends to pay for both notwithstanding that nothing be covenanted between him and his Host and therefore if he discharges not the house the Host may stay his horse Also there is Consideration of nature and blood and Valuable Consideration and therefore if a man be indebted to divers others and yet in consideration of natural affection gives all his goods to his son or cousin this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable consideration Consistory COnsistory is a word borrowed of the Italians or rather Lombards and signifies as much as Tribunal It is vocabulum utriusque Juris and is used for the place of Iustice in the Courts Christian or Spiritual Consolidation COnsolidation is used for the Combining and uniting of two Benefices in one And this word is taken from the Civil Law where it properly signifies an Vniting of the possession occupation or profit with the property As if a man hath by Legacy usum fructum fundi and after purchases the Property or Fee-simple of the Heir in this case a Consolidation is made of the Profits and Property Vide Brook tit Union Conspiracie COnspiracie notwithstanding that in Latine and French it is used for an Agreement of men to do a good or evil thing yet it is commonly taken in our Law in the evil part and is defined in 34 E. 1. Stat. 2. to be an Agreement of such as confeder or bind themselves by Oath Covenant or other alliance that every of them shall bear and aid the other falsly and maliciously to indict or falsly to move or maintain Pleas and also such as cause Children within age to appeal men of Felony whereby they are imprisoned and sore grieved and such as maintain men in the Country with Liveries and Fees to maintain their malicious enterprises and this extends as well to the takers as to the givers Also Stewards and Bayliffs of great Lords who by their Selgniory Office or power undertake to bear or maintain Quarrels Pleas or Debates that concern other parties then such as touch the Estate of their Lords or of themselves Anno 4 E. 3. c. 11. 3 H. 7. c. 13 And hereof see more 1 H. 5. c. 3. 18 H. 6. c. 12. also in the old Book of Entries word Conspiracie This word in the place before rehearsed is taken more generally and is confounded with Maintenance and Champerty but in a more special signification it is taken for a Confederacy between two or more falsly to indict one or to procure one to be indicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Suit of the King is That the party attainted shall lose his frank law so that he shall not be impanelled upon Iuries or Assises or such like imployments for testifying of the truth and if he hath to do in the Kings Court he shall make his Attorney and his lands goods and chattels shall be seised into the Kings hands his lands estreaped his trees digged up and his body committed to prison 27 lib. Assise 59 Crompton 156. b. this is called villanous Judgement But if the party grieved will sue a Writ of Conspiracy then see Fitzh Nat. Brev. 114. d. 115. i. c. Constable COnstable is diversely used in the Common Law And first the Constable of England who is also called Marshal Stanf. Pl. Cor. fol. 65. of whose authority and dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm His power consists in the care of the common Peace of the Land in deeds of Arms and matters of War Lamb. Duties of Constables num 4. wherewith agrees the Statute of 13 R. 2. c. 2. Stat. 1. Of this Officer or Magistrate Gwyn in the Preface to his Readings saith to this purpose The Court of the Coustable and Marshal determines Contracts touching Deeds of arms out of the Realm and handles things concerning Wars within the Realm as Combats Blazons of armory and suth like but he hath nothing to do with Battel in appeal nor generally with any other thing that may be tried by the Law of the Land See Fortesc ' cap. 32. This Office heretofore was appertaining to the Lords of certain Manors Jure feudi and why it is discontinued see Dyer 285. pl. 39. Out of this Magistracie saith Lambert were drawn these inferior Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of
And the Escheator is an Officer of Record and may ordain an under-Escheator as the Sheriff may an under-Sheriff yet the Escheator cannot return any Office by vertue of his Office but he shall be punished See F. N. B. 100. Office Escaetriae is the Escheatorship Reg. orig fol. 259. Exchequer EXchequer Scaccarium comes of the French word Eschequier id est Abacus which in one signification is taken for a Counting-Table or for the art or skill of Counting And from thence as some think the place or Court of the Receits and Accounts of the Revenues of the Crown is called the Exchequer Others have otherwise derived the name But the Exchequer is defined by Crompton in his Jurisd of Courts fol. 105. to be a Court of Record wherein all Causes touching the Revenues of the Crown are handled Escrow AN Escrow is a Deed delivered to a third person to be the Deed of the party upon a future condition And is called in Latine Schedula Rast Ent. 181. Escuage EScuage in Latine Scutagium that is Service of the Shield and he that held by Escuage held by Knight-service and to that did belong Ward Marriage and Relief c. But see the Stat. 12 Car. 2. c. 24. for taking away the Court of Wards and Liveries and turning all Tenures into free and common Soccage Escuage was a certain Sum of mony levied by the Lord of his Tenant after the quantity of his Tenure when Escuage ran through all England and was Ordained by all the Council of England how much every Tenant should give his Lord and that was properly to maintain the wars against Scotland or Wales and not against other Lands for that those Lands did of right belong to the Realm of England See Lit. lib. 2. cap. 3. Eslisors ARe persons nominated by a Court of Law to whom a Venire facias is directed by challenge to the Sheriff and Coroners who return the Writ in their own names with a panel of the Iurors names 15 E. 4. 24. pl. 4. Esnecy ESnecy is a Priviledge given the eldest Coparcener to choose first after the Inheritance is divided Flet. lib. 5. cap. 10. Esplees ESplees is the Profit or Commodity that is to be taken of a thing As of a Common the taking of the Grass by the mouths of the Beasts that common there of an Advowson the taking of gross Tithes by the Parson of Wood the â— elling of Wood of an Orchard the selling of Apples and other Fruit growing there of a Mill the taking of Toll are the Esplees and of such like And note that in a Writ of Right of Land Advowson or such like the Demandant ought to alledge in his Count that he or his Ancestors took the Esplees of the thing in demand otherwise the Pleading is not good Essendi quietum de Tolonio ESendi quietum de Tolonio is a Writ to be quit of Toll and lies in case where the Citizens or Burgesses of any City or Borough have been acquitted of Toll by the Grant of the Kings Progenitors throughout the whole Realm or by Prescription then if any man of the said Cities or Boroughs come with his Merchandises to any Town Fair or Market and there put them to sale or buy any Merchandises if the Officers of the said Town will demand any Toll of him against the Kings Charter or against the Vsage and Custom he may sue and have such a writ Fitz. N. B. fol. 226. Regist original fol. 258. Essoine Essoine Where an Action is brought and the Plaintiff or Defendant may not well appear at the day in Court for one of the five causes under specified he shall be Essomed to save his default There are five manner of Essoins viz. Essoine De ouster le mere by which the Defendant shall have a day by forty days The second is De terra sancta and upon this the Defendant shall have a day by a year and a day and these two shall be laid in the beginning of the Plea The third Essoin is De male vener and that shall be adjourned to a common day as the Action requires and this is called the Common Essoine and when and how this Essoine shall be see the Statutes and the Abridgment of Statutes where it is well declared The fourth is De malo lecti and that is only in a Writ of Right and thereupon there shall a Writ go out of the Chancery directed to the Sheriff that he shall send four Knights to see the tenant and if he be sick to give a day after a year and a day The fifth Essoine is De service del Roy and it lies in all Actions except i â— Assise De Novel Disseisin Writ of Dower Darreine presentment and in Appeal of Murther but in this Essoine it behoves at the day to shew his warrant or else it shall turn to a Default if it be in a Plea real or else he shall lose xx s. for the journey or more by the discretion of the Iustice if it be in a Plea personal as it appears by the Statute of Gloucest cap. 8. Essoino de malo lecti ESsoino de malo lecti is a writ directed to the Sheriff to send four lawful Knights to view one that hath essoined himself De malo lecti Reg. Orig. fol. 8. b. Establishment de Dower EStablishment de Dower seems to be the Assurance of Dower made by the husband or his friends before or at the time of the Marriage And Assignment of Dower is the Setting it out by the Heir afterward according to the Establishment Brit. cap. 102 103. Estandard EStandard or Standard signifies an Ensign in war but is also used for the principal or Standing Measure of the King to the proportion whereof all the Measures through the Land are and ought to be framed by the Clerk of the Market Aulneger or other Officer according to their Function For it was established by Magna Charta ann 9 H. 3. c. 25. that there should be but one scantling of Weights and Measures through all the Realm which is since confirmed by An. 14 Ed. 3. cap. 12. and many other Statutes as also that all should be â— itted to the Standard sealed with the Kings Seal And there is good reason that it should be called a Standard because it stands constant and immoveable and hath all other Measures coming towards it for their conformity as Souldiers in the Field have their Standard or Colours for their direction in their March or Skirmish Of these Standards and Measures read Britton cap. 30. See the Statute 17 Car. 1. cap. 19. Estate EState is that Title or Interest that a man hath in Lands and Tenements as Estate simple otherwise called Fee-simple and Estate conditional or upon Condition which is either upon Condition in Deed or upon Condition in Law See Littleton lib. 3. cap. 5. Estoppel EStoppel is when one is concluded and forbidden in Law to speak against his own act or deed yea though it be