to the Polls Challenge to the Array is where Exception is taken to the whole number as impannelled partially Challenge to or by the Poll is where Exception is taken to any one or more as not indifferent Challenge to the Iurors is also divided into challenge principal and challenge for cause that is upon cause or reason Challenge principal or peremptory is that which the Law allows without cause alledged or Examination as a Prisoner at the Bar arraigned upon Felony may peremptorily challenge to the number of twenty one after another of the Iury impanuelled upon him not alledging any cause at all but his own dislike and they shall be discharged and new put into their places and this is in favor of life But in the case of High Treason no peremptory challenge is allowed See 25 H. 8. cap. 3. And a difference may be observed between challenge principal and challenge peremptory because challenge peremptory seems only to be used in matters Criminal and meerly without any cause alledged more than only the Prisoner's fansie Stamf. Pl. Cor. fol. 124. and principal for the most part in Civil Actions and with the namning of some Exception which being found true the Law presently allows As for example if any party saith that one of the Iurors is the Son Brother Cousin or Tenant to the other party or married to his daughter this is a good and strong Exception if it be true without farther examination of the credit of the party challenged And of how large extent this Challenge of Kindred is does well appear in Plow fol. 425. Also in the Plea of the death of any man and in every Action real and also in every Action personal where the debt or damages amounts to 40 marks it is a good challenge to any of the Iury impanelled That he cannot dispend forty shillings by the year of his own Free-hold An. 11 H. 7. cap. 21. Challenge upon reason or cause is when the party alledges any such Exception against one or more of the Iurors which is not forthwith sufficient upon acknowledgment of the truth thereof but rather arbitrable and consiverable by the rest of the Iurors as if the son of the Iuror had married the daughter of the adverse party This Challenge by cause seems to be termed by Kitch fo 92. Challenge for favor or rather Challenge for favor is there said to be a Species of Challenge by cause Where you may also read what Challenges are commonly accounted for principal and what not Chamberdekins CHamberdekins are Irish Beggars which by the Statute of 1 H. 5. c. 8. were by a certain time within the said Statute limited to avoid this Land Champertie CHampertie is a Writ that lies where two men are impleading and one gives the half or part of a thing in plea to a stranger to maintain him against the other then the party grieved shall have this Writ against the stranger And it seems that this hath been an ancient grievance in our Realm For notwithstanding divers Statutes and a form of a Writ framed unto them yet Anno 4 E. 3. c. 11. it was enacted That where the former Statutes provided redresse for this only in the King's Bench which then followed the Court it should be lawful for the Iustices of the Common Pleas likewise and Iustices of Assise in their Circuits to enquire hear and determine these and such cases as well at the Kings Suit as at the Suit of the party Also it was ordained by the Statute of 33 H. 8. which was confirmed by the Statute of 37 H. 8. c. 7. That Iustices of Peace at their Quarter Sessions should have authority to enquire as well by the Oaths of 12 men as by the information given to them by any person or persons of the defaults contempts and offences committed against the Laws and Statutes made and provided touching Champerty Maintenance c. and to hear and determine the said faults and offences Champertors are they that move Pleas and Suits or cause to be moved by their own or oothers procurement and sue them at their own costs to have part of the Lands or gains in variance See the Stat. Articuli suê‘ chartas c. 11. Chance-medley CHance medley is when a man without any evil intent doth a lawful thing or that is not prohibited by Law and yet another is slain or comes to his death thereby as if a man casts a stone which hits a man or woman who after dies thereof or if a man shoots an arrow and another that passes by is killed and such like this manner of killing is Man-slaughter by misadventure or Chance-medley for which the offendor shall have his pardon of course as appears by the Statute of 6 E. 1. c. 9. and he shall forfeit his goods in such manner as he that kills a man in his own defence But in this case it is to be considered whether he that commits this Man-slaughter by Chance-medley was in doing a lawfull thing for if the act was unlawfull as to fight at Barriers or run at Tilt without the Kings commandment or cast stones in a High-way where men usually pass or shoot arrows in a Market-place or such like whereby a man is killed in all these cases it is Felony at least that is Manssaughter if not Murther for the Offendor being doing an unlawful act of his own will the Law shall construe his meaning and will herein by the success of the act As if two are fighting together and a third man comes to part them and is killed by one of the two without any malice forethought or evil intent in him that killed the man yet this is Murther in him and not Man-slaughter by Chance-medley or Misadventure because they two that fought together were in doing an unlawful act And if they were met with prepensed malice the one intending to kill the other then it is Murther in them both Chancery CHancery is a Court of Law at Westminster for Suits for and against Attorneys Clerks and Officers of this Court this part of it and also the intelments of Deeds Patents is of Record And there is also a Court for Equity and their proceedings therein are entred in English and the Lord Chancellor or Keeper of the great Seal and Master of the Rolls are Iudges and the Writs are returnable there Coram Rege in Cancellaria Co. 4. Instit 78. Chapiter CHapiter is a Summary or content of all such matters as are enquirable before Iustices in Eyre Iustices of Assise or of the Peace in their Sessions so it is used 3 E. 1. c. 27. in these words And that no Clerk of any Iustice Escheator or Commissioner in Eyre shall take any thing for delivery of Chapiters but only Clerks of Iustices in their Circuits and likewise 13 E. 1. c. 10. in these words And when the time comes the Sheriff shall certifie the Chapiters before the Iustices in Eyre how many Writs he hath Also Britton uses it
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
Executors he that doth appear by Distress shall answer doth extend by Equity to Administrators for such of them as appear first by Distress shall answer by Equity of the said Act because they are of the like kind So likewise the Statutes of Gloucester gives the Action of Waste and the Penalty of it against him that holds for Life or Years and by the Equity thereof a man shall have an Action of Waste against him that holds but for one year or half a year yet this is without the words of the Statute for he that holds but for half a year or one year doth not hold for years but that is the meaning and the words that Enact the one by Equity Enact the other Errant ERrant id est Itenerans comes from the French word Errer id est Errare or if the old word Erre id est Iter and is appropriated unto Iustices that go Circuit and to the Bailiffs at large who are therefore called Justices Errants and Bailiffs Errants because they go and travel from place to place the one to do Iustice and the other to execute Process See Eire Error ERror is a Fault in Iudgement or in the Process or Proceeding to Iudgment or in the Execution upon the same in a Court of Record which in the Civil Law is called a Nullitie Error is also the name of a Writ that lies where Iudgment is given in the Common place or before the Iustice in Assise or Oyer and Terminer or before the Major and Sheriffs of London or in other Court of Record against the Law or upon undue and ill Process then the party grieved shall have this Wrft and thereupon cause the Record and Process to be removed before the Iustices of the Kings Bench and if the Error be found it shall be reversed But if an erroneous Iudgment be given in the Kings Bench then it could not be reversed but by Parliament until the Statute of 27 Eliz. cap. 8. Also if such a Default in Iudgment be given in a Court not of Record as in a County Hundred or Court-Baron the party shall have a Writ of False Iudgment to cause the Record to be brought before a Iustice of the Common-place Also if Error be found in the Exchequer it shall be redressed by the Chancellor and Treasurer as it appeas by the Statute E. 3. an 31. c. 12. 31 El. c. 1. Also there is another Writ of Error upon a Iudgment in the Kings Bench and that is where the Plaintiff assign matter of Fact for Error And this lies in the same Court for this Court can redress their Errors in Fact but not their errors in Law But the Court of common B. cannot do so Escape EScape is where one that is arrested comes to his liberty before he be delivered by Award of any Iustice or by order of Law Escape is in two sorts voluntary and negligent Voluntary Escape is when one doth arrest another for Felony or other Crime and after he in whose custody he is lets him go where he will And if the Arrest were for Felony then shall it be Felony in him that suffered the Escape if for Treason then Treason in him and if for Trespass then Trespass and so in all other When one is arrested after escapes against the will of him that did arrest him and is not freshly pursued and taken before the pursuer loses the sight of him this shall be said a negligent Escape notwithstanding that he out of whose possession he escaped do take him after he lost sight of him A so if one be arrested and after escape and is at his liberty and he in whose ward he was take him afterward and bring him to the prison yet it is an Escape in him If a Felon be arrested by the Constable and brought to the Goal in the County and the Goaler will not receive him and the Constable lets him go and the Goaler also and so he escapes this is an Escape in the Goaler for that in such case the Goaler is bound to receive him by the hand of the Constable without any Precept of the Iustice of Peace But otherwise it is if a common person arrest another upon suspicion of Felony there the Goaler is not bound to receive him without a Precept of some Iustice of Peace There is an Escape also without an Arrest as if Murder be made in the day and the Murderer be not taken then it is an escape for which the Town where the Murder was done shall be amerced And it is to be observed That a man may be said to escape notwithstanding he always continues in Prison As if a man be in Prison upon two Executions at the Suit of two several men and the old Sheriff delivers over this Prisoner to the new Sheriff by Indenture according to the usual course and in the said Indenture makes no mention of one of the said Executions this Omission shall be said an Escape in Law instantly for which the Old Sheriff shall answer although the Execution was matter of Record whereof the new Sheriff might have taken notice But otherwise it is where the old Sheriff dies for in such case it behoves the new Sheriff at his peril to take notice of all the Executions that are against any person that he finds in the Gaol But in the said Case where the Sheriff dies and before another is made one that is in Execution breaks the Gaol and goes at large this is no Escape for when a Sheriff dies all the Prisoners are in the custody of the Law until a new Sheriff be made See Coke lib. 3. fol. 72. If the Sheriff upon a Capias ad satisfaciendum to him directed makes Return That he hath taken the Body and yet hath not the Body in Court at the day of the Return the Plaintiff may have his Action against the Sheriff for the Escape although the party so taken be in the Gaol See 7 H. 4. 11. Br. 107. Escheat EScheat is where a Tenant in Fee-simple commits Felony for which he is hanged or abjured the Realm or Outlawed of Felony Murder or Pety Treason or if the Tenant die without Heir general or special then the Lord of whom the Tenant held the Land may enter by way of Escheat or if any other enter the Lord shall have against him a Writ called a Writ of Escheat Escheator EScheator is the name of an Officer that observes the Escheats of the King in the County whereof he is Escheator and certifies them into the Exchequer This Officer is appointed by the L. Treasurer and by Letters Patents from him and continues in his Office but one year neither can any be Escheator but once in three years An. 1. H. 8. cap. 8. and an 3 ejusdem cap. 2. See more of this Officer and his Authority in Crompton's Justice of Peace See An. 21 Ed. 1. The form of the Oath of the Escheator see in the Regist orig fol. 301. b.
Alfred after he had divided the whole Realm into certain parts or sections which of the Saxon word Scyran signifying to cut he termed Shires or as we yet spake Shares and Portious These Shires be also dividid into smaller Parts whereof some were called Lathes of the word Gelathian which is to assemble together others Tithings because there were in each of them to the number of Ten persons whereof each one was Surety and Pledge for others good abearing others Hundreds because they contained Iurisdiction over one Hundred Men or Pledges dwelling peradventure in two or three or more Parishes Boroughs or Towns lying and adjoyning nevertheless somewhat near together in which he appointed Administration of Iustice to be exercised severally among them of the same Hundred and not that one should run out disorderly into anothers Hundred Lathe or Tithing wherein he dwells not These Hundreds continue to this day in force although not altogether to the same purpose whereunto at first they were appointed yet still to very needful both in time of Peace for good order of Government divers ways and in War for certainty of levying men as also for the more ready Collection of Payments granted in Parliament to the Kings of this Realm Hundred-Lagh HUndred-Lagh signifies the Hundred-Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus cap. 9. Hundredum HUndredum is to be quit of Money or Customs to be paid to Governors and Hundredors Husfastene HUsfastene quasi Domi fixus is he that holds House and Land Bract. lib. 3. tract 2. c. 10. Hustings HUstings Hustingum is a Court of Common-Pleas held before the Major and Aldermen of London and it is the highest Court they have for Error or Attaint lies there of a Iudgment or saise Verdict in the Sheriffs Court as it appears by Fitzh N. B. 22 H. c. and the Statute of 11 H. 7. cap. 21. And other Cities and Towns have had a Court of the same name as Winchester Lincoln York and Sheppy So called from the Saxon Hus Domus and Thing Causa quasi Domus Causarum I. Idemptitate or Identitate nominis IDemptiatis nominis is a Writ that lies where a Writ of Debt Covenant or Account or such other Writ is brought against a Man and another that hath the same name with the Defendant is taken for him then he shall have this Writ by which the Sheriff shall make Inquiry before the Iustice assigned in the same County if he be the same person or not and if he be not sound to be the party then he shall go without day in peace Ideot IDeot is he that is a Natural Fool from his Birth and knows not how to count Twenty pence or name his Father or Mother nor tell his own age or such like easie and common matters so that it appears he hath no manner of Vnderstanding Reason or Government of himself But if he can read or learn to read by instruction and information of others or can measure an Ell of Cloth or name the Days of the Week or beget a Child or such like whereby it may appear he hath some light of Reason such a one is no Ideot naturally Jeofaile JEofaile is when the parties to any Suit in Pleading have proceeded so far that they have joyned Issue which shall be tried or is tried by a Iury or Enquest and this Pleading or Issue is so badly pleaded or joyned that it will be Error if they proceed then some of the said parties may by their Councel shew it to the Court as well after Verdict given and before Iudgment as before the Iury is charged And the Councel shall say This Enquest ye ought not to take And if it be after Verdict then he may say To judgment you ought not to go And because such niceties occassioned many delays in Suits divers Statutes are made to redress them as well in the time of King H. 8. an 32. c. 30. as of Queen Eliz. whereof we may say as the Civilians That although Constantine the Emperor commāded the forms of the Law to be cut off yet the daily use of Pleading doth seem again to recal them or rather some of them increase as the heads of Hydra See also now a new Statute of Jeofailes made in 21 Jac. c. 13. Jetsam JEtsam is when a Ship is in danger to be cast away and to disburthen the Ship the Mariners cast the Goods into the Sea and although afterward the Ship perish none of those goods called Jetsam Floatsam or Lagan are called Wreck as long as they remain in or upon the Sea but if any of them are driven to Land by the Sea there they shall be reputed Wreck and pass by the grant of Wreck Coke l. 5. f. 106. Jettezoons JEttezoons This is mentioned in Policies of Insurance and signifies Goods thrown into the Sea in a great Storm Unlawful Assembly UNlawful Assembly is where people assemble themselves together to do some unlawful thing against the Peace although they execute not their purpose in deed Imparlance IMparlance See Emparlance Impeachment of Waste IMpeachment of Waste Impetitio Vasti is as much as to say as a Demand made or to be made of Recompence for Waste done by a Tenant that hath but a particular Estate for Life or Years And therefore he that hath such a Lease without Impeachment of Waste hath by that a property or interest given him in the Houses and Trees and may make waste in them without being impeached for it that is without being questioned or demanded any recompence for the Waste done See Coke l. 11. Bowles Case f. 82. b. Implements IMplements comes either from the French word Employer to imploy or from the Latine Implere to fill up and is used for things of necessary use in any Trade or Mystery which are imployed in the practice of the said Trade or without which the work cannot be accomplished Also for Furniture with which the House is filled And in that sense you shall find the word often in Wills and Conveyances of Moveables Impost IMpost is a French word that signifies Tribute but with us it is taken for the Tax that is paid the King for any Merchandise brought into any Haven from Places beyond the Seas And it is used in the Statute of 31 Eliz. c. 5. as a word of the same signification with Custom which Merchants pay Imprisonment IMprisonment is the Restraint of a mans Liberty whether it be in the open Field or in the Steeks or Cage in the Streets or in a Man 's own House as well as in the common Geal And in all these places the party so restrained is said to be a Prisoner so long as he hath not his Liberty freely to go at all times to all places whether he will without Bail or Mainprise Incumbent INcumbent comes of the Latine Incumbere and signifies him that is presented admitted and instituted to any Church or Benefice with Cure
the Statute of Mag. Charta cap. 14. speaks And therefore if a man be outragiously amerced in a Court not of Record as in a Court-Baron c. there is a Writ called Moderata Misericordia to be directed to the Lord or his Baily commanding them that they take moderate Amerciaments according to the quantity of the fault And of that see Fitzh N. B. fol. 75. A. and Moderata Misericordia after Misnomer MIsnomer is the Mistake of a Name or the using of one Name for another See Broke tit Misnomer Misprision MIsprision is when one knows that another hath committed Treason or Felony and will not discover him to the King or his Council or to any Magistrate but conceals the same Divers other offences are called Misprision as when a Chaplain had fixed an old Seal of a Patent to a new Patent of Non-residence this was held to be Misprision of Treason only and no counterfeiting of the Kings Seal So it is holden in 37 H. 8. Bro. tit Treason 3. in Fine but 2 H. 4. f. 25. A. it is adjudged contrary and Stamf. Pl. cor fol. 3. B. cites it Treason and so it is holden at this day And if a man know Money to be counterfeit and bring the same from out of Ireland hither and utter it in payment yet this is but Misprision of Treason and no Treason and so it is in divers like cases In all cases of Misprision of Treason the Party offendor shall forfeit his Goods for ever and the profits of his Lands for his life and his Body to Prison at the Kings pleasure And for Misprision of Felony or Trespass the Offendor shall be committed to Prison until he have found Sureties or Pledges for his Fine which shall be assessed by the discretion of the Iustices before whom he was convict And note That in every Treason or Felony is included Misprision and where any man hath committed Treason or Felony the King may cause him to be Indicted and Arraigned of Misprision only if he will See more hereof Stamf. lib. 1. cap. 39. Mittimus MIttimus is a Writ by which Records are transferred from one Court to another sometimes immediately as it appears in the Statute of 5. R. 2. cap. 15. as out of the Kings Bench into the Exchequer and sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 H. 8. Dyer fol. 29. a b. 29 H. 8. Dyer fol. 32. a b. This word is used also for the Precept that is directed by a Iustice of Peace to a Goaler for the receiving and safe keeping of a Felon or other Offendor committed by the said Iustice to the Goal Moderata Misericordia MOderata Misericordia is a Writ that lies where a man is amerced in Court-Baton or County more then he ought to be then he shall have this Writ directed to the Sheriff if it be in the County or to the Bayliff if it be in Court-Baron commanding them that they amerce him not but with regard to the quantity of the Trespass and if they obey not this Writ then shall go forth against them a Sicut alias and Causam nobis significes and after that an Attachment Modus decimandi MOdus decimandi is Mony or other thing of value given annually in lie â— of Tithes The tryal of which appertains to the Common Law and not to any Court-Christian Ridley's view del Civil Law 141. In which he says There was one modus decimandi pro omnibus rebus per totum regnum Monstrans de Droit MOnstrans de Droit is a Suit in Chancery for the Subject to be restored to Lands and Tenements which he shews to be his Right but are by Office found to be in the possession of another that is lately dead by which Office the King is intitled to a Chattel Free-hold or Inheritance in the said Lands And this Monstrans de Droit is give by the Statutes of 34 E. 3. cap. 14. and 37 E. 3. cap. 13. See Coke lib. 4. fol. 54. B. in the Case of the Wardens and Commonalty of Sadlers Shewing of Deeds or Records SHewing of Deeds or Records is thus An Action of Debt is brought against A upon an Obligation by B or by Executors c. After the Plaintiff hath declared he ought to shew his Obligation and the Executor the Testament to the Court. And so it is of Records And the diversity between Shewing of Deeds or Records and Hearing of Deeds or Records is this He that pleads the Deed or Record or Declares upon it ought to shew the same and the other against whom such Deed or Record is pleaded or declared and is thereby to be charged may demand hearing of the same Deed or Record which his Adversary brings or pleads against him Monstraverunt MOnstraverunt is a Writ that lies for the Tenants in Ancient Demesne and is directed to the Lord him commanding not to Distain his Tenant to do other Service then he ought and they may have this Writ directed to the Sheriff that he suffer not the Lord to distrain the said Tenant to do other Service If the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Iustices and all the names of the Tenants shall be put in the Writ though but one of them be grieved Also if any Land in ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ which is called of Right close after the Custome of the Mannor and that shall be alway brought in the Lords Court and thereupon he shall declare in the nature of what Writ he will as his case lies and this Writ shall not be removed but for a great cause or non-power of the Court. Also if the Lord in another place out of ancient Demesne distrain his Tenant to do other Service then he ought he shall have a Writ of Right called Ne Injuste vexes and it is a Writ of Right Patent which shall be tried by Battel or Grand Assise Mortdancester MOrtdancester See before in the Title Cosinage MOrtgage or Morgage MOrtgage or Morgage is when a Man makes a Feoffment to another on such condition that if the Feoffor pay the Feoffee at a certain day 40 li. of money then the Feoffor may re-enter c. In this case the Feoffee is called Tenant in Morgage And as a Man may make a Feoffment in Fee in Morgage so he may make a Gift in Tail or a Lease for Life or Years in Morgage And it seems the cause why it is called Morgage is for that it stands it doubt whether the Feoffoe will pay the mony at the day appointed or not and if he fail then the Land which he laid in gage upon condition of payment of the money is gone from him for ever and so dead to him upon condition but if he pay the mony then is the gage dead
ê‘ deux ans nul sufficient Distress poit estre trove sur le terre donques jeo avera cest Brief per que jeo recovera le tetre Mes si le Tenant vient en Court devant Judgment tendra les Arrerages les Damages trove Surety que il ne cessera pluis en payment de dit Rent jeo serra compel de prender les Arrerages les Damages donques le Tenant ne perdera la terrÌ„ Le Heir ne poit maintaine cel Brief pur Cesser fait en temps son Ancestor Auxy ne gist mes pur Annual service come Rent huju â— nodi nient pur Homage Fealry Auxy il y ad auter Brief appel Cessavit de Cantaria gist ou un done terrÌ„s a Meason de religion a trover pur lalme de luy de ses ancestors de ses heires anÌ„ualnÌ„it un Chandel ou Lampe eÌ„ Esglise ou pÌ„ faire Divine Service de paster les povers ou auters Almes ou auter tiel chose faire donque si les di â— s Services ne sont pas fait per 2 ans le Donor ou ses Heires averÌ„ ces brief vers quecunque est eins apres tiel Cesser Vide le Statute W. 2. cap. 41. Cession CEssion est quant un Ecclesiastical ê‘son est cree Evesque cu quant un Parson â— un Parsonage prist un auter benefice sans dispensation ou auternÌ„it nient qualified c. En ambideux cases lour primer benefices sont devenus void sont appelle destre void ê‘ Cession Et al ceux que il ad que fuit cree Evesque le Roy presentera pro illa vice quicunque soit Patron de eux Et en lauter case le Patron poit presenter Vies 41 E. 3. 5. 11 H. 4. 37. Cestuy a que vie cestuy a que use CEstuy a que vie est il pur quel vie un auter teigne un estate cestuy a que use est il qÌ„ est un feoffee pur le use â— un auter Challenge CHallenge est un Exception prise ou envers Persons ou Choses Persons coÌ„e en un Assise les Jurors ou ascÌ„ un ou pluis de eux ou en case 〈◊〉 Felony ê‘ le PrisonÌ„ al Barre vers Choses comÌ„ un Declaration Vet. N. B. fol. 76. Challenge faits a les Jurors est fait ou al Array ou a les Polls Challenge al Array est ou Exception est prise al entire nomber come impanel ê‘tialment Challenge al ou per le Poll est ou Exception est prise al ascun un ou pluis come nient indifferent Challenge a les Jurors est aux ' divide en Challenge principal Challenge pur cause ces â— adire sur cause ou reason Challenge principal ou peremptory est ceo que le Ley allows sans cause alledge ou examination com un PrisonÌ„ al Barr arraine sur Felony poit peremptoriment chalenge al nombre de vint un apres auter del Jury impanel sur luy nient alledgant d â— scÌ„ cause mes son dislike demesne ils serront discharge novels mise en lour lieus ceo est in favorem vitae Mes en le case de hault Treason nul peremptory Challenge est allow Vide 25 H. 8. cap. 3. Et un difference poit estre observe perent ' challenge principal challenge ê‘emptory pÌ„ ceo que challenge ê‘emptory semble solemÌ„t destre use eÌ„ choses criminal merement sans ascun cause alledge pluis que le sole phantasie del Prisoner Stamf. Pl. Co. f. 124. principal pÌ„ le greinder part en civil Actions ove le nosmant de ascun Exception qÌ„ esteant trove voyer le â— ey maintenant allowe Come pÌ„ Example si ascun party dit que un des Jurors est le Fits Frere Cousin ou Tenant al auter party ou espouse son file ceo est un bone fort Exception fil soit voyer sans pluis examination del credit del party challenge Et de qÌ„ large extent cest Challenge de Consanguinity est bien applert Plow fol. 425. Auxi en le Plea del mort de ascun home en chescun Action real auxy en chescun Action personal ou le dett ou damages amount al 40 marks il est bone Challenge al ascun del Jurie impannel qui il ne poit dispender 40 s. per le an de son Franktenement demesne An. 11 H. 7. cap. 21. Challenge sur reason ou cause est quant le party alledge ascÌ„ tiel Exception vers un ou pluis del Jurie que nest immediatemÌ„t sufficieÌ„t sur conusance del voierty de ceo mes arbitrable considerable per le residue de Jurors comÌ„ si le fits le Juror ad espouse le file del adverse party Cest Challenge pur cause semble per Kitch fol. 92. destre dit Challenge pur favor ou potius Challenge pÌ„ favor est la dit destre un Species de Challenge per cause Ou poies auxy lier queux Challenges sont communement account pur principal queux nemy Chamberdekins CHamberdekins sont Irish Beggars que ê‘ le Statute de 1 H. 5. c. 8. fueront ê‘ un certain temps deins mesme le Statute express 〈◊〉 avoid cest Terre Champerty CHampertie est un BreÌ„ gist lou deux homes sont impleadants l'un done la moietie ou part del chose en plee a un estranger pur luy mainteiner encounter l'auter donques le party grieve avera cest BreÌ„ devers l'estranger Et semble que ceo ad este un ancient grievance en nostre Terre Car nient obstant divers Statutes un forme de un BreÌ„ frame a ceux uncore Anno 4 E. 3. c. 11. fuit enact Que ou les primer Statutes ê“vide redresse pur ceo solement en Bank le Roy que donques attend le Court il serroit loyal pur les Justices del common Plees ensement Justices Ä‘ Assises en lour Circuits Ä‘ enquirer oyer determiner ceux tiels cases cybien al Suit le Roy come al Suit del party Auxy fuit ordelgne per le Statute de 33 H. 8. que fuit confirm ê‘ le Statute de 37 H. 8. c. 7. Que Justices Ä‘l Peace a lour Quarter Sessions averont authority Ä‘ enquirer cybien ê‘ les seremÌ„ts Ä‘ 12 homes come ê‘ l' enformation done a eux per ascun person ou ê‘sons des defaults contempts offences comÌ„ise encount ' les Leys Statutes fait purview touchant Chamê‘ty Maintenance c. a oyer determiner les ditsfaults offences Champertors sont ceux que mova Plees Suits ou cause destre move ê‘ lour ou auters ê“curemÌ„t sue a lour costages charge demesne pÌ„ aver part del terre ou gaines eÌ„ variance Veies le Stat. Articuli super chartas c. 11. Chance-medley CHance-medley est quant un home
Personal Actions quant le Plaintiff recover l' Entrie est quod Recuperet damna sua a tiel value tant pro misis custagiis La est auxy un auter acception ou signification de cest parol en Ley lou est prise pur l' Issue â— estre trie per Battaile ou Grand Assise Et issint est use en Littleton sect 478 482. divers auters lou joinder del Mise sur le m â— re droit est mitter ceo en issue que avoit le melieur ou plus cleere droit Misericordia MIsericordia est use en le Common Ley pur un Amerciament ou Peine mife sur asc ' pÌ„ un offence coÌ„e lou le Plaintiff ou Defendant en asc ' Action est amerce l' Entrie est touts foits Ideo in misericordia c. Et est pÌ„ c'appel Misericordia come Fitzh dit N. B. fol. 75 H. eo que doit estrÌ„ forsque petite meins que le offence salvo Contenemento come le Statute de Mag. Chart. cap. 14. ê‘le Et pur ceo si home soit outragiousment amercie en un Court que est de Record come en Court-Baron c. la est un BrÌ„e appel Moderata Misericordia destre direct al SnÌ„r ou Baily eux commandant que ils prenderont moderates Amerciaments solonque le quantitie del trespas Et de ceo veies Fitz. N. B. fol. 75. A. Moderata Misericordia apres Misnomer MIsnomer est le Mistake â— un NomÌ„ ou le using de un NomÌ„ pÌ„ un auter Veies Broke tit Misnomer Misprision MIsprision est qnÌ„t ascun sciet que un auter ad fait Treason ou Felonie il ne voile luy discover al Roy ou son Councel ou a asc ' Magistrate mes conceala son offence Divers auters offences sont appelle Misprision sicomÌ„ un Chaplein ad fixe un antient Seal dun Patent a un novel Patent de Non-residence ceo fuit tenus des â— re Misprision de Treason tantum nul counter â— eit del Seal del Roy. Issint eÌ„ tenus en 37 H. 8. Bro. tit Treason 3. in fine mes 2 H. 4. fol. 25. A. est adjudge contra Stamf. Pl. cor fol. 3. B. cite ceo pÌ„ Treason issint est tenus a cest jour Item si un auter sc â— et Money destre faux port ceo hors de Ireland en Angleterre utter ceo en paymÌ„t ceo est forsque Misprision de Treason nemy Treason issint est en divers semblables cases En touts cases de Misprision de Treason le partie offendor forfeitera ses Biens a touts jours les profits de ses Terres pur son vie son Corps al prison al pleasure del Roy. Et pur Misprision de Felonie ou Trespasse l' Offendor serra commit al Prison tanque il ad trove Sureties ou Pledges pÌ„ son Fine que serra assesse per le discretion de les Justices devant que il fuit convict Et nota Que en chescun Treason ou Felonie est include Misprision lou asc ' ad fait Treason ou Felonie le Roy poit causer luy destre endicte arraigne forsque de Misprision solement si il voile Vide plus de ceo Stamf. lib. 1. cap. 39. Mittimus MIttimus est un Brief per qÌ„ Records sont transferÌ„ del un Court al auter ascun foits immediatement come appiert en le Stat. 5 R. 2. cap. 15. come hors del Bank le Roy en l' Exchequer asc ' foits per un Certiorari en le Chancerie dillonques per un Mittimus en auter Court come poies veier en 28 H. 8. Dyer fol. 29. a b. 29 H. 8. Dyer fol. 32. a b. Cest parol est auxy use pur le Precept que est direct per un Justice del Peace al Gaoler pÌ„ le receiver safement garder dun Felon ou auter Offendor commit per le dit Justice al Gaole Moderata Misericordia MOderata Misericordia est un Brief que gist lou come est amercie en Court-Baron ou Countie plus que devoit est re donques il avera cest Brief direct al Viscount si soit en le Countie ou al Bailiff si soit en Court-Baron eux commandant que ils ne luy amerciont mes eyent regard al quantitie del Trespasse sils ne obey cel BrÌ„e donques issera vers eux un Sicut alias Causam nobis significes apres ceo un Attachment Modus decimandi MOdus decimandi est denyers on auter chose de value done antiuaiment en lieu de dismes Le tryal de quel appertaine al common Ley nemy al ascun Court Christian Ridleys view of the Civil Law 141. En quel il dit que en le temps de William le primer Roy fuit un modus decimandi per totum regnum pro omnibus rebus Monstrans de Droit MOnstrans de Droit est un Suit en le Chancery pÌ„ le Subject destrÌ„ restore as TrÌ„s Tenements queux il monstre destrÌ„ son Droit mes sont ê‘ Office troves destre en le possession dun qÌ„ darreinment morust ê‘ quel Office le Roy est entitle al un Chattel Frank â— enement ou Inheritance en les dits Terres Et cest Monstrance de Droit est donÌ„ ê‘ les Statutes 〈◊〉 34 E. 3. cap. 14. 36 E. 3. cap. 13. Veies Coke lib. 4. fol. 54. B. en le Case del Wardens Communaltie des Sadlers Monstrans de Faits ou Records MOnstrans de Faits ou Records est sicome pur example un Action 〈◊〉 Det soit port envers A sur un Obligation ê‘ B ou ê‘ Executors c. Apres le Plaintife ad delcare il doit monstre son Obligation le Executor le Testament al Court Et issint est de Records Et le diversitie perenter Monstrance de Faits ou Records Oyer de Faits ou Records est issint Il que pleade le Fait ou Record ou declare sur ceo doit monstre ceo lauter vers que tiel Fait ou Record est pleade ou declare est per ceo destre charge poit demand Oyer de ceo Fait ou Record que son adversarie port ou plead vers luy Monstraverunt MOnstraverunt est un Brief que gist pur l' Tenants en Ancient demesne est direct al Seignour luy commandant que il ne distraine son Tenant pÌ„ fair auter Service que il doit ils poient aver cest Brief direct al Vic' que il ne suffer le Seigniour a distraine les dits Tenant pur faire auter Service Si les Tenants ne poient estre en quiet ils poient aver un Attachment vers le SnÌ„r de appearer devant les Justices touts les nosmes des TenaÌ„ts serront mise en le Brief coment que forsque un de eux foit
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
said of these words that hath been spoken of the words next afore As if a man be bound to another and makes his Executor and dies and the mony grows due in the time of the Testator and afterward the Executor pays it not the Action brought against him therefore shall be in the Detinet only and so in all Actions brought by Executors as Executors the Writ shall be in the Detinet only although the duty accrued in their own time because the thing or damages recovered shall be assets But if Lessee for years rendring Rent makes his Executors and dies and the Rent incurs after the death of the Testator there an Action of Debt shall be brought in the Debet Detinet for when an Executor or Administrator takes the Profits nothing shall be Assets but the Profits above the Rent As if the Land is worth ten pound by the year and five pound is reserved in this cas â— nothing shall be Assets but the five pound above the Rent and therefore the Writ shall be for the Rent in the Debet Detinet Cokel 5. fol. 31. Decem Tales DEcem Tales See Tales Decies tantum DEcies tantum is a Writ that lies where a Iuror in any Enquest takes money of the one part or other to give his Verdict then he shall pay ten times as much as he hath received a â— d every one that will sue may have Action and shall have the one half and the King the other But if the King in such case release by his Pardon to such a Iuror yet that shall be no Bar against him that brings the Action who shall recover the other half if this Action be commenced before the Pardon of the King but if the Pardon be before any Action it is a Bar against all men And the same Law is of all other Actions popular where one part is to the King the other to the party that sues And the Embracers who procure such Enquests shall be punished in the same manner and they shall have imprisonment a year But no Iustice shall enquire thereof ex officio but only at the Suit of the party Deciners DEciners are such as were wont to have the oversight and command of Ten free Burgs for preserving the Kings Peace and the Limits or Circuit of their Iurisdiction was called Decenna Bracton l. 3. tract 2. c. 15. Also you may read Flet. l. 1. c. 27. and Reg. orig fol. 68. b. These seemed to have large authority in the Saxons time taking knowledge of Causes within their Circuit and redressing wrongs by way of Iudgment as you may read in the Laws of King Edward set out by Lambert num 32. Also there is mention of these in Britton cap. 12. who saith in the Kings person as he writes his whole Book in this manner We will that all such as are fourteen years of age shall make oath that they shall be sufficient and loyal unto Vs and that they will not be Felons nor assenting to Felons and that all be professed to be of this or that Dozein and make or offer Surety of their behaviour by these or those Deciners except Religious persons Clerks Knights and their eldest sons and Women Yet the same Author in his 29. chap. near the end saith That all at the age of 12 years or above are punishable for not coming to the Sheriffs Tourn excepting Earls Prelates Barons Religious persons and Women The same Law is where the Deciners make presentment that a Felon is taken for Theft and delivered to the Sheriff And Kitchen out of the Register and Britton saith thus Religious persons Clerks Knights or Women shall not be Deciners fol. 33. Whence it may be gathered that this word implies nothiny else but such a one as by his Oath of Loyalty to his Prince is settled in the combination or society of a Dozein for it is not usual at this day to find Surety so to do And now a Dozeine seems to extend so far as the Lcet extends because in Leets only this Oath is administred by the Steward and taken by such as are of the age of twelve years and upward dwelling within the Precinct of the Leet where they are sworn Fitzh Nat. Brev. 161. a. The particulars of this Oath you may read in Bracton l. 3. tract 2. c. 1. num 1. where he puts dwon fifteen years for the age of those that are sworn to the Kings Peace but l. 3. tract 2. c. 11. num 5. he names twelve years See Inlaugh From which Premisses may be observed the difference detween the ancient and these our times in this point of Law and Government as well for the age of those that are to be sworn as also that Deciner is not now used for the chief man of a Dozein but for him that is sworn to the Kings Peace and lastly that now there are not any Dozeins but Leets and that ordinarily no man gives other Security for keeping the Kings Peace but his own Oath and therefore no one shall answer for the transgression of another but every one for himself Declaration DEclaration is a Shewing in writing the grief and complaint of the Demandant or Plaintiff against the Tenant or Defendant wherein he supposes to have received wrong And this Declaration ought to be plain and certain both because it impeaches the Defendant and also compels him to make answer thereto But note that such Declaration made by the Demandant against the Tenant in an Action real is properly called a Count. Note That the Count or Declaration ought to contain Demonstration Declaration and Conclusion And in Demonstration are contained three things that is him who complains against whom and for what matter And in the Declaration there ought to be comprised how and in what manner the Action rose between the parties and when and what day year and place and to whom the Action shall be given And in the Conclusion he ought to averre and profer to prove his Suit and shew the Dammages which he hath sustained by the wrong done him De deoneranda pro rata portionis DE deoneranda c. is a Writ that lies where one one is distreined for Rent that ought to be paid by others proportionably with him Fitz. Nat. Brev. Fol. 234. Dedimus potestatem DEdimus potestatem is a Writ that lies where a man sues in the Kings Court or is sued and cannot well travel then he shall have this Writ directed to some Iustice or other discreet person in the Countrey to give him power to admit some man for his Atturney or to levy a Fine or to take his Confession or his Answer or other Examination as the matter requires Defalt DEfalt is an Offence in omitting that which we ought to do and most commonly taken for Non-appearance in Court at a day assigned Bract. lib. 5. tract 3. and Fleta lib. 6. cap. 14. Defamation DEfamation is when a man speaks Slanderous words of any other man
time their Reservations were as well in Victuals as Money until at the last and that chiefly in the time of King Henry the First by agreement the reservation of Victuals was turned into ready Money and so hitherto hath continued amongst most men Fate or Fatt FAte or Fatt is a Measure mentioned in the Statutes of 1 H. 5. cap. 10. and 11 H. 6. cap. 8. to contain eight Bushels but the Citzens and Merchants of London as it appears by those Statutes and the Kings Purveyors would have that measure and a Bushel over for one Quarter and so they had nine Bushels for one Quarter of Corn. Faux Imprisonment FAux Imprisonment is a Writ that lies where a man is arrested and restrained from his Liberty by another against the order of the Law then he shall have against him this Writ whereby he shall recover Dammages See more thereof before tit Arrest Faux Judgment FAux Judgment See thereof before tit Error Fealty FEalty is a Service called in Latine Fidelitas and shall be done in this manner viz. The Tenant shall hold his right hand upon a Book and shall say to his Lord I shall be to you faithful and true and shall bear to you Faith for the Lands and Tenements which I claim to hold of you and truly shall do you the Customs and Services that I ought to do to you at the terms assigned So help me God and shall kiss the Book but he shall not kneel as in doing Homage And thereof see after in the Title Homage Also Fealty is incident to all manner of Tenures Fee FEE Feodum is in our Law an equivocal word of divers significations for it is most usually taken for an Estate of Inheritance in Lands and Tenements to one and his Heirs or to one and the Heirs of his Body But it is used also for the Compass Circuit or Extent of a Lordship or Mannor And from thence comes the ordinary Plea in Bar to an Avowry That the Land upon which he avows is out of his Fee And thirdly it is taken for a Reward or Wages given to one for the execu ◠〈◊〉 of his Office as the Fee of a Forrester or the Keeper of a Park or a Sheriffs Fee sor â— erving an Execution lim â—â— s by the Statute of 29 Eliz. cap 4. And it is also taken for that Consideration which is given a Sergeant at Law or a Councellor or a Physitian for their Counsel or Advice in their profession which as it is well observed by Sir Jo. Davies in his Preface to his Reports is not properly Merces but Honorarium Yet in our Law-language it is called his Fee Fee expectant FEE expectant Where Lands are given to a man and his wife in Frank-marriage to have and to hold to them and their heirs in this case they have Fee-simple but if they are given to them and the heirs of their body c. They have Tail and Fee-expectant Kitch fol. 153. Fee Farm FEE Farm is when a Tenant holds of his Lord in Fee-simple paying to him the value of half or of the third fourth or other part of the Land by the year And he that holds by Fee-Farm ought not to pay Relief or do any other thing that is not contained in the Feoffment but Fealty for that belongs to all kind of Tanures Fee-simple FEe-simple is when any person holds Lands or Rent or other thing inheritable to him and his Heirs for evermore and these words His Heirs make the Estate of Inheritance for if the Land be given to a man for ever yet he hath but an Estate for life Also if Tenant in Fee-simple die his first son shall be his Heir but if he have no Son then all his Daughters shall be his Heirs and every one shall have her part by partition but if he have no Son nor Daughter then his next Coufin collateral of the whole Blood shall be his Heir Fel de se FElo de se is he that commits Felony by murthering himself See Crompt Justice of Peace fol. 28. Felony FElony is a general term which comprehends divers hainous Offences for which the Offenders ought to suffer death and lose their Lands And it seems that they are called Felonies of the Latine word Fel which is in English Gall in French Fiel or of the ancient English word Fell or Fierce because they are intended to be done with a fell fierce or mischievous mind When a man without any colour of Law steals the Goods of another amounting to the value of Twelve pence or more that is Larceny but if he approaches the Person of another in the High-way and robs him of his Goods although it be but to the value of one peny it is Felony and that is called Robbery and therefore he shall be hanged Fence-moneth FEnce-moneth is a Forrest word and signifies the time of 31 days in the year that is to say 15 days before Midsummer and 15 days after in which time it is forbidden for any man to hunt in the Forrest or to go into it to disturb the wild Beasts The reason of which is because the Female Deer do then Fawn And therefore this Moneth is called the Fence-moneth or Defence-moneth for that the Deer are then to be defended from scare or fear See Manwood Forrest Laws cap. 13. fol. 90. b. Feodarie FEodarie was an Officer in the Court of Wards appointed by the Master of that Court by virtue of the Statute 32 H. 8. c. 46. to be present with the Escheator in every County at the finding of Offices and to give in evidence for the King as well for the Value as the Tenure And his Office was also to survey the Lands of the Ward after the Office found to return the true value thereof into the Court to assign Dower unto the Kings Widows to receive all the Rents of the Wards Lands within his Circuit and to answer them to the Receiver of the Court But see the Stat. 12 C â— r. 2. c. 24. for Abolishing the said Court Feoffment FEoffment is where a man gives Lands Houses or other Corporal things which are Heritable to another in Fee-simple and thereof delivers Seisin and Possession Also if one make a gift in tail or a lease for life Livery and Seisin must be given or else nothing shall pass by the Grant Feoffor and Feoffee FEoffor is he that infeoffs or makes a Feoffment to another of Lands or Tenements in Fee-simple And Feoffee is he who is infeoffed or to whom the Feoffment is so made Ferdfare FErdfare is to be quit from going to War Flet. lib. 1. c. 47. Ferdwit FErdwit is to be quit of Murther committed in the Army Flet. l. 1. c. 47. Ferry IS a liberty by prescription or the Kings Grant to have a Boat for passage upon a great Stream for Cariage of horses and men for reasonable toll Feude FEude or Deadly Feude is a German word and signifies implacable Hatred not to be
commonly of One hundred pounds more or less according to the Vsage of sundry Nations Mr. Plowden in the Case of Reniger and Fogassa makes mention of this word Knights Service KNights Service was a Tenure by which several Lands in this Nation were held of the King But it is abolished by Statute 12 Car. 2. cap. 24. L. Laches LAches or Lasches is an old French word signifying Slacknesse or Negligence as it appears in Lit. sect 403. 726. where Laches of Entry is nothing else but a Neglect in the Infant to enter So that I think it may be an old English word And when we say There is Laches of Entry it is as much as to say There L â— ok is of Entry or there is Lack of Entry Yet I find that Lascher in French is to Loyter and Lasche signifies one that is idle or lazy and therefore it may also come from the French For Etymoligies are divers and many times ad placitum Lagan LAgan is such a parcel of Goods as the Mariners in a danger of Shipwreck cast out of the Ship and because they know they are heavy and will sink they fasten to them a Boigh or Cork that so they may find them and have them again If the ship be drowned or otherwise perish these Goods are called Lagan or Ligan a ligando and so long as they continue upon the Sea they belong to the Admiral but if they are cast upon the Land they are then called a Wreck and belong to him that hath the Wreck as it appears in Coke l. 5. f. 106. Lageman LAgeman est Homo Legalis seu legitimus such as we call Good men of the Jury The word is found in Dooms-day-Book Land-cheap LAnd-cheap is a payment of 10 d. in the Purchase-mony for every Mark thereof for all the Lands within the Borough of Maldon in Essex by prescription which see H. 25 26. Car. 2. Roll 706. in B. R. Lapse LApse Lapsus is the Omission of a Patron to present to a Church of his Patronage within six months after an Avoidance by death or taking of another Benefice without qualification or notice to him given of the Resignation or Deprivation of the present Incumbent by which neglect Title is given to the Ordinary to collate to the said Church Larcenie LArceny is a wrongful taking away another mans Goods but not from his person with a mind to steal them And Theft is in two sorts the one so called simply and the other Petit or Little Theft The first is where the thing stolen exceeds the value of 12 d. and this is Felony The other called Little or Petit Theft is where the thing stolen doth not exceed the value of 12 d. and that is not Felony Last LAst signifies a certain Wright or Burthen as a Last of Herring is ten thousand Anno 31 E. 3. Stat. 2. cap. 2. a Last of Hides is twelve dozen Anno 1 Jae c. 33. Lastage LAstage is to be quit of a certain Custom exacted in Fairs and Markets for carrying of things where a Man will Latitat LAtitat is a Writ by which all Men in Personal Actions are originally called in the Kings Bench to answer And it is called Latitat because it is supposed by the Writ that the Defendant cannot be found in the County of Middlesex as it appears by the Return of the Sheriff of that County but that he lurks in another County and therefore to the Sheriff of that County is this Writ directed to apprehend him Law LAw See Ley. Law-day LAw-day signifies a Leet or Sheriffs Tourn as it appears by the Statute of 1 E. 4. c. 2. where the Sheriffs Tourn is so called and 9 H. 7. f. 21. b. and many other Books where a Leet is so called See Smiths Commonwealth l. 2. c. 21. Lawing of Dogs LAwing of Dogs See Expeditate Lawless man LAwless man is the who is extra Legem an Outlaw Bract. l. 3. tract 2. c. 11. num 1. Leases LEases are Grants or Demises by one that hath any Estate in any Hereditaments of those Hereditaments to another for the lesser time And they are in divers manners viz. for term of Life for Years for anothers Life and at Will Also a Lease of Land is as good without Deed as with Deed. But in a Lease for term of Life it behoves to give Livery and Seisin upon the Land or else nothing shall pass by the Grant because they are called Free-holds Also a Lease of a Common or Rent may not be good without Deed. But of a Parsonage that hath Glebe it is good without Deed for that the Glebe of the Church which is the principal may well enough pass without Deed and so the Dismes and Offerings which are as accessary to the Church But Dismes and Offerings by themselves may not be let without Deed as it is said Leet LEet is a Court derived out of the Sheriffs Tourne and inquires of all Offences under the degree of High Treason that are committed against the Crown and Dignity of the King But those Offences which are to be punished with loss of life or member are only inquirable there and to be certified over to the Iustices of Assise See Stat. 1. E. 3. c. 16. Legacy LEgacy Legatum is a term of the Civil Law and it is that which we in our Law call a Devise viz. Lands or Goods given unto any man by the Will or Testament of another See more Tit. Devise before Lessor and Lessee LEssor is he that leases Lands or Tenements to another for term of life years or at will And he to whom the Lease is made is called Lessee Levant and Couchant LEvant and Couchant is said when the Beasts or Cattel of a Stranger are come into another mans Ground and there have remained a certain good space of time Levari facias LEvari facias is a Writ directed to the Sheriff for the Levying of a sum of mony upon the Lands Tenements and Chattels of him that hath forfeited a Recognizance See F. N. B. fol. 265. D. Law LAw is when an Action of Debt is brought against one upon some secret agreement or Contract had between the parties without especialty shewed or other matter of Records as in an Action of Detinue for some Goods or Chattels lent or left with the Defendant then the Defendant may wage his Law if he will that is swear upon a Book and certain persons with him that he detains not the Goods or ows nothing to the Plaintiff in manner and form as he hath declared And it is allowed only in cases of Secrecy where the Plaintiff cannot prove the surmise of his Suit by any Deed or Open act for the Defendant might discharge it privily between them without any Acquittance or Publick act And therefore in an Action of Debt upon a Lease for years or upon Arrearages of accompt before Auditors assigned a man shall not wage his Law But when one shall wage his Law he
poit attach un Vache en auter lieu que home poit estre attach per 100. Barbits il est ascun foits agard sur le Corps Biens ensemble al un mÌ„ le temps Attachment differ a un Capias car Kitchin fol. 79. b. ad ceux parols Nota que en Court Baron home serra attach per biens ne issera Capias la Per que il semble Attachment est pluis general extendant al prisure des biens lou Capias extend al prisure del Corps solement Un Attachment differ a un Distress come appiert per Kitch fol. 78. a. ou il dit Process en Court Baron est Summons Attachment Distress que sont Processe al Common Ley. La est auxi un Attachment de Priviledge ceo est en deux mannÌ„s ou donant poyer â— apprehender un homÌ„ en un lieu priviledge ou 〈◊〉 vertue dun Office ou Priviledge comÌ„ de appeller un aut ' a cel Court a qÌ„ il mesmÌ„ est attendant ct en respect de quel il est priviledge Novel Livre de Entries fol. 431. a. Et la est Process appel Foreign Attachment qÌ„ est use al attacher les biens del Foreigners trove diens ascun Liberty ou City pur un Dett due al party mesme Et 〈◊〉 le customs dascuÌ„s lieus homÌ„ poit attach biens en les maines dun Estranger Come si A. devoit al B. 10 livres c. devoit al A. un auter sum de argent B. poit attacher les biens de A. en les maines de C. a luy satisfier ou en part ou en tout come le Dett est Auxy la est Attachment del Forest que est un Court la tenus chescun 40 jours per tout le an En que le Verderors nont ascun auctority forsque de receiver inroller les Attachments del offenders encounter Vert Venison prise per les auters Officers qÌ„ ils poieÌ„t eeÌ„ present al prochein Justice seat eÌ„ Eyre Manwood part 1. p. 93. cap. 22. Attainder ATtainder est un Conviction dascun person dun crime ou fault dont il ne fuit convict devant Sicome un home fait Felony Treason ou tiels semblables de ceo est indi â— arrainÌ„ trove guilty ad Judgment donques il est dit destre Attaint Et ceo poit estre deux voyes le un sur Appearance le auter sur Default Le Atta nder sur Appearance est per Confession Battel ou Verdict le Attainder sur Default est per process tanque il soit utlage Attaint ATtaint est un Brief que gist lou faux Verdict est done per douze homes Judgment done sur ceo donques le party vers que ils avoient pas avera cest Brief vers les douzes homes quant ils sont a issue il ferra trie per vint quarter Jurers si faux Verdict soit trove les douz Jurors sont attaint donques le Judgment serra que lour Prees serront eyrs lour Measons debruses lour Bois subvertes touts lour Terres Tenements fo â— feit al Roy Mes sil passa encounter celuy que port cest attaint il serra imprison grievousment ransom al volunt le Roy. Vide le Stat â— 23 Hin 8. cap. 3. Attaint auxy est quant Judgment est done en Treason ou Felony Attendant ATtendant est ou un doit un Duty ou service al a â— ter ou coÌ„e il fuit depend sur auter Come si la soit Seignior Mesme Tenant le Tenant tient del Mesne pur uÌ„ denier le Mesne tient ouster 〈◊〉 deux deniers le Mesne release al Tenant tout le droit que il ad en le terre le Tenent morust sa feme serra endow del terre el serra Attendant al Heir del tierce part dun denier nemy del tierce part del deux deniers car el serra endow del mieux possession de sa baren Auxi ou le feme est endow 〈◊〉 le Gardian el serra Attenaant al Gardian al Heir a son plein age Attournment ATtournment est quant un est Tenant pur term de vie cestuy en l'Reversion ou Remainder graÌ„â— a son droit ou estate a un aut ' donques il covieÌ„t qÌ„â— e TenaÌ„t pÌ„ vie agree a ceo cest agreement est appel Attournment Car si cest â— y en le Reversion grant son estate son droit a uÌ„ auter si le Tenant pÌ„ vie ne attourna riens pas 〈◊〉 le grant Mes sil soit grant per Fine en Court de Record il serra compel 〈◊〉 attourne Et vide de ceo apres Titulo Quid â—â— ris clamat Littl. lib. 3. cap. 10. Atturney ATturney est un designe per auter home a faire ascun chose en son lieu le quel â— est issint ad define Atturneys sont tiels Persons qÌ„ per consent commandment ou request caveont veieront al prendront sur eux le charge de besoigns de au â— ers homes en lour absence Et lou en ancient temps ceux 〈◊〉 authority eÌ„ Courts oÌ„t aver ceo eÌ„ lour arb tremÌ„t ou ils voilent â— mitter homes de appearer ou suer 〈◊〉 ascun aut ' qÌ„ eux mesmes come appiert â— F. N. B. 25. en le Brief de Dedimus potestatem de Attornato faciendo ou il est monstre qÌ„ homÌ„s fuerÌ„ chase a procurer les Briefs ou Letters Patents del Roy al appointer Atturneys pur eux il est ore provide â— divers Stat. qÌ„ il serra loyal issint a faire sans ascÌ„ tiel circuit Et la est graÌ„d diversity de Briefs eÌ„ le table del Register â— qÌ„ le Roy comÌ„and ces Judges al admit ' 〈◊〉 Atturnys Per quel meaÌ„s al darrein la fueront cy plusors imperite Atturneys cy plusors mischiefs â— eux qÌ„ un Act fuit 4 H. 4. 18. ordeigne pÌ„ lour restraint que les Justices examineront eux mittront hors le imperites An. 33 H. 6. c. 7. qÌ„ la ne serront mes un certain number de eux en Norfolk Suffolk En queux cas â— s home a cest jour poit aver uÌ„ Atturney en queux nemy veies F. N. B. en le lieu devant cite Atturney est ou general ou special Atturney general est cestuy que est designe a touts nostre affaires ou Suits comÌ„ le Atturney general del Roy Atturney general del Duke Crom. 105. Atturney special ou particular est cestuy que est imploy en un ou plusors choses particularmÌ„t specifies Atturneys geÌ„eral sont faits deux voyes ou per les Letters Patents del Roy on per nostre appointment devant Justices en Eyre en overt Court Veies Glan l. 11. c. 1. Brit. 126. Curia de Audience CUria
TerrÌ„ implia le Quart part â— uÌ„ Acre Crompt Jurisd fol. 220. b. Quadrantata terrae est lie en le Regist orig fol. 1. b. lou vous aves auxy Denariata Obolata Solidata Librata terrae que per probabilitie surderoit en proportion de quantitie de Fardengdeal come un Male Denier Soulz ou Liver surdont en value estimation donque Obolata est un Demy Acre Denariata l' Acre Solidata Douze Acres Librata Douze score Acres UncorÌ„ eÌ„ l' Reg. orig fol. 94. 248. vous poyes trove viginti Libratas terrae vel reditus ê‘ qÌ„ il semble que Librata terrae est tant que dona vigint soulx per l' an centum Solidatas terrarum tenementorum redituum fol. 249. Et en F. N. B. fol. 87. la sont ceux parols Viginti Libratas terrae vel reditus que prova ceo destre tant Terre coÌ„e est rate al vigint soulz ê‘ l' an Veies Furlong Farme ou Ferme FArme ou Ferme est usualment le chief Messuage eÌ„ uÌ„ Village ou Town a que apertinent graÌ„d Demeans de touts sorts ad este use destre lesse pur terme de vie ans ou a volunt Le Rent que est reserve sur tiel Lease ou semble est appelle Farme ou Ferme Et Farmour ou Fermour est celuy que occupia le Farme ou Ferme ou est Lessee de ceo Auxy genÌ„almÌ„t chesc ' Lessee pÌ„ vie ans ou al volunt est appel Farmour ou Fermour Et nota Que ils sont appelles Farmes ou Fermes del Saxon parol Feormian que signifie pur feed ou rend Victuall Car en ancient temps lour Reservations fueront cybien en Victual come Argent tanque al darreinÌ„ ceo â— rincipalmÌ„t eÌ„ le teÌ„ps de Roy H. 1. per agreemÌ„t le Reservation de Victuals fuit convert en redie Argent issint uncore ad continue ent ' plusors homes Fate ou Fatt FAne ou Fatt est un Measure mention en les Statutes de 1 H. 5. cap. 10. 11 H. 6. cap. 8. pur conteiner huict Boisseaus mes les Citizens Merchants de Londres comÌ„ appiert ê‘ ceux Statutes les Purveiors le Roy voilont aver ceo Measure un Boissean ouster pur un Quartier issint il avoient neufe Boisteaus pur un Quartier de Blee Faux Imprisonment FAux Imprisonment est un Brief que gift lou home est arrest restraine de son Libertie per un auter encounter Order de Ley donques il avera vers luy cest Brief per que il recovera Dammages Veies pluis de ceo devant tit Arrest Faux Judgment FAux Judgment Veies de ceo devant tit Error Fealty FEaltie est un Service appelle en Latine Fidelitas serra fait en tiel manner cestascovoire le TenÌ„t tiendrÌ„ la mamÌ„ dextre sur un Livre dirra a son SnÌ„r Jeo a vous serra foyal loyal Foy a vous portera des Tenements que jeo claim de tener de vous verament a vous ferra les Customes Services que fair vous doy al termes assignes Si come moy ayde Dieu basera le Livre mes il ne genulerÌ„ come en fesant Homage Et de ceo veies apres en le Title Homage Auxy Fealty est incident a touts manners de Tenures Fee FEE Feodum est en nostre Ley vox aequivoca des divers significations car est plus communement prise pur un Estate del inheritance en Terres ou Tenements al un ses heires ou al un les heirs 〈◊〉 son corps Mes est use auxy pur le Compass Circuit ou Extent 〈◊〉 un Seigniorie ou Mannor Et de ceo venust l' ordinarie Plee eÌ„ Barre al un Avowry Que le Terre sur que il avow est hors de son Fee Et tiercemÌ„t il est prise pur le Reward ou Salarie donÌ„ al uÌ„ pur l' execution de son Office coÌ„e le Fee dun Forrester ou le GardeinÌ„ dun Parke ou le Fee dun Visc ' pur l'server dun Execution come est limit per l'Statute 29 El. c. 4. Et issint est auxy prise pur ceo ConsideratioÌ„ qÌ„ est donÌ„ al un SergeaÌ„t al Ley ou al un Pleader ou un Physitian pur lour Counsel ou advise en lour ê“fession que come est bien observe per Sir J. Davies en son Preface a ses Reports nest ê“permÌ„t Merces forsque Honorarium Mes uncore en le dialect de nrÌ„e Ley c ' est appel son Fee Fee expectant FEE expectant Lou Terres sont donÌ„ al home son feme en Frank-marriage a aver tener al eux lour heires en cest case ont Fee-simple mes si sont donÌ„ a eux les heires de lour corps c. ont Taile Fee expectant Kitch fol. 153. Fee Ferm FEE Ferm est quant un Tenant tient de son Seignior en Fee-simple rendant a luy value del moietie ou de tierce prÌ„t ou auter part Ä‘el Terre ê‘ an Et il que tient en Fee Ferme ne doit payer Relief ou faire auter chose me ficome est conteinÌ„ en le Feoffment forsque Fealtie car c ' appent a touts manners Tenures Fee-simple FEe-simple est quant ascun person tient Terre ou Rent ou auter chose inheritable a luy a ses Heires a touts jours ceux ê‘ols Ses Heires font l'Estate 〈◊〉 inheritaÌ„ce car si Terre soit done a hoÌ„e a touts jours unc ' il nad forsque Estat ' pÌ„ vie Auxy si Tennant en Fee-simple devie son primer Fits serra son Heire mes sil nad Fits donque touts les Files fetront son Heire chescun avera son part ê‘ partl c ' mes sil nad Fits ne File donques son prochein Cousin collateral de l' entire sanke serra son Heire Felo de se FElo de se est il que commit Felony per murdering soy mesme Veies Cromp. Justic de Paix fol. 28. Felonie FElonie est un general terme que comprehend divers heinous Offences pur que l'Offendors dolent suffer mort perder lour Terres Et semble que eux sone appelles Felonies del Latine parol Fel que est en Anglois Gall en Francois Fiel ou del ancient parol Anglois Fell ou Fierce pur ceo que sont entends destrÌ„ faits f â— lleo animo ove fell fierce ou mischievous mind Quant home sans asc ' colour de Ley emblea les biens 〈◊〉 un aut ' amountant al value de xii deniers ou pluis ceo est Larceny mes si un approcha a le Person 〈◊〉 un aut ' en le Haultchimin luy robba de ses biens mesque ils ne sont sorsque al value de un denier il est Felonie ceo
Court of Iustice Magistracy or Title of land for which the party shall be punished according to the nature and quality of his offence sometimes by Action upon the Case for Slander at the Common Law and other times in the Ecclesiastical Court. As if a man contrive any False news or horrible and false Lies of Prelates Dukes Earls c. then an Action De Scandalis Magnatum will lie against him by the Statute of 2 R. 2. cap. 5. and this being proved the party offending shall be grievously punished But for words of Defamation against a private man there the party grieved shall have his Action upon the Case for the Slander and shall recover in dammages according to the quality of the fault wherein the quality of the person who is so defamed is much to be considered But for Defamations determinable in the Spiritual Court they ought to have three incidents First it ought to concern matter meerly Spiritual and determinable in the Ecclesiastical Court as for calling him Heretick Schismatick Adulterer Fornicator c. Secondly that it concern matter meerly Spiritual only for if such Defamation concern any thing determinable at the Common Law the Ecclesiastical Iudge shall not have conusance thereof As if a Divine is to be presented to a Benefice and one to defeat him thereof saith to the Patron that he is an Heretick or a Bastard or that he is Excommunicated whereby the Patron refuses to present him and he loses his Preferment he shall have an Action upon the Case for these Defamations tending to such an end Also if a woman be bound that she shall live continent for if a Lease be made to her so long as she shall live chaste in these cases Incontinency shall be tryed by the Common Law Thirdly although such Defamation be meerly and only Spiritual yet he that is defamed cannot sue there for amends or Dammages but the Suit ought to be only for punishment of the fault for the Soul's health of him that so offends And as for the Slander of a Title to Land if A. saith that B. hath right in the Lands of C. whereby C. is damnified then he may have an Action upon the Case for the Defamation of his Title against A. And although B. hath a colourable Title yet A. shall be punished forasmuch as he hath taken upon him knowledge of the Law and medled in a matter which concerned him not But if a man saith that he himself hath right to the Land of another in this case no Action for Defamation lies although he knows his Title to be false Cok lib. 4. fol. 18. Defeisance DEfeisance is a Condition relating to a Deed as an Obligation Recognisance or Statute which being performed by the Obligor or Recognisor the Act is disabled and made void as if it had never been done And there is no Warrantie Recognisance Rent-charge Annuity Covenant Lease for years or such like but that they may by a Defeasance made with the mutual consent of all those who were parties to the creation thereof by Deed be adnulled discharged and defeated And the difference between a Proviso or Condition in Deed and a Defeasance is in this That the Proviso or Condition is annexed or inserted in the Deed or Grant whereas a Defeasance is usually a Deed by it self concluded and agreed on between the parties and having relation to another Deed. And therefore if the Condition of an Obligation be repugnant to the Deed the Condition is void and the Obligation good As if the Condition be that he shall not sue the Obligation this is void as well as it is of a Feoffment upon Condition that the Feoffee shall not take the Profits But a Defeasance is a Grant that is made after the Obligation to defeat the same Obligation and this is good though it be repugnant and so not like a Condition 21 H. 7. fol. 24. b. For the form and manner of Defeasances according to the diversity of the Case see West part 1. Symb. lib. 2. sect 230 231 c. Defence DEfence is that which the Defendant ought to make immediately after the Count or Declaration made that is that he defends all the Wrong Force and Dammage where and when he ought and then to proceed farther to his Plea or to imparl And note that by defending the Force and Wrong he doth excuse himself of the Wrong against him surmised and makes himself party to the Plea and by defending the Dammage he affirms the Plaintiff able to be answered unto And for the residue of the Defence he accepts the power of the Court to hear and determine their Pleas of this matter For if he will plead to the Iurisdiction he ought to omit in his Defence these words ou quant il devera and if he will shew any disability in the Plaintiff and demand Iudgment if the party shall be answered unto then he ought to omit the Defence of the Dammage Defendant DEfendant is he that is sued in Action personal who is called Tenant in an Action real Defendemus DEfendemus is an ordinary word in a Feoffment or Donation and hath this force that it binds the Donor and his Heirs to defend the Donee if any man go about to lay any Servitude upon the thing given other then is contained in the Donation Braction lib. 2. cap. 16. num 10. See also Warrantizantibus Defender of the Faith DEfender of the Faith is a peculiar Title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo. x. to K. Hen. 8. for writing against Martin Luther in behalf of the Church of Rome Stow's Annals p. 863. Deforceor DEforceor is he that overcomes and casts out with Force who differs from a Disseisor first in this that a man may disseise another without Force which act is called Simple Dissesin Britton cap. 33. Then because a man may deforce another that never was in possession as if many have right to Lands as common Heirs and one keeps them out the Law saith that he deforces them though he never disseised them Old Nat. Brev. fol. 118. If Tenant in tail makes a Feoffment in fee by which the Feoffee is in and afterward the Tenant in tail dies and his issue sues a Writ of Formedon against the Feoffee the Writ shall say and also the Count c. that the Feoffee wrongfully deforced him c. though he did not disseise him because he entred in the life of the Tenant in tail and the Heir had no present right Lit fol. 138. And a Deforceor differs from an Intrudor because a Deforceor keeps out the right Heir as aforesaid and a man is made an Intrudor by a wrongful Entry only in Lands or Tentments void of a Possessor Bract. lib. 4. cap. 1. And because Force and Forcible entry into Lands is so opposite to the Peace and Iustice of the Realm and a
dishonour of the King and his Crown and discredit of the Law that any person by birth and oath obliged to the obedience of the King and his Laws should presume of his own authority by Force and strong hand to resist them both by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein therefore divers Statutes have been made for the restraint and reformation of these Abuses as among others the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements but in case where Entry is given by the Law and then not with strong hand or with a multitude of people but onely in a peaceable manner See more of this in Po â— lt de pace Reg. f. 34. 35 c. Degrading DEgrading See Disgrading Delegates ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial in which sentence was given Demaines DEmaines or Demesnes generally speaking are all the parts of any Mannor which are not in the hands of Freeholders though they be held by Copy-holders Lessees for years or for life as well as Tenants at will And the reason why Copyhold is accounted Demesnes is because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands yet in common speech that is ordinarily called Demesnes which is neither free nor copy And this word Demesne is sometimes used in a more special signification and is opposite to Frank-fee as those Lands which were in the possession of Edward the Confessor are called Ancient demesne and all others are called Franck-fee Kitch fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn the other Tenants in Frank-fee And no common person hath any Demesnes in the simple acceptation of the word because there is no Land but depends mediately or immediately of the Crown that is of some Honor or other belonging to the Crown and not granted in fee to any inferiour person and therefore when a man in pleading will signifie his Land to be his own he saith That he is or was seised thereof in his Demesne as of Fee Littleton f. 3. whereby it appears that though his Land be to him and his Heirs for ever yet it is not true Demesne but depending upon a superiour Lord and holding by Service or Rent in lieu of Service or by Service and Rent together Demaines according to the common speech are only understood the Lords chief Mannor-place which he and his Ancestors have time out of mind kept in their own hands with all buildings and houses meadows pastures woods arable lands and such like therewith occupied Demand DEmand is a word of art and if one release to another all Demands this is as Littleton fol. 117. a. saith the best Release to him to whom the Release is made that he can have and shall most enure to his advantage for by it not onely all Demands but also all causes of Demands are released And there are two manner of Demands that is in Deed and in Law In Deed as in every Praecipe there is expresse Demand and therefore in real Actions he is called Demandant in personal Plaintiff In Law as every Entry in Land Distresse for Rent Taking or seisure of Goods and such like acts in the Countrey which may be done without any words or demands in Law As a Release of Suits is more large then a Release of Quarrels or of Actions so a Release of Demands is more large and beneficial than either of them for by it is released all that which by the others is released and more By Release of all Demands all Freeholds and Inheritances executory are released By Release of all Demands to the Dissetsor the right of the Entry in the land and all that is contained therein is released By Release of all Demands all Executions are released and he that releases all Demands excludes himself from all Actions Entries and Seisures Littleton fol. 170. holds That if Tenant in tail enfeoffs his Vncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed releases to the Vncle all manner of Demands by such Release the Warranty which is a Covenant real and executory is extinct and the reason is because that by Release of Demands all the means and remedies and their causes which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest it self unto the thing Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded neither in Deed nor in Law but lie only to relieve the Plaintiff by way of Discharge and not by way of Demand as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry and so of such like See 18 Edw. 3. 59. Coke lib. 8. fol. 153 154. Demandant DEmandant is he that sues or complains in an Action real for Title of land and he is called Plaintiff in an Assise and in an Action personal for Debt Trespass Deceit Detinue and such like Demurrage IS called the time when a Shi â— lies idle in a Port or Harbour or on the Sea in a Calm Demurrer DEmurrer is when any Action is brought and the Defendant pleads a Plea to which the Plaintiff says that he will not answer for that it is not a sufficient Plea in the Law and the Defendant avers the contrary that it is a sufficient Plea and thereupon both parties submit the Cause to the Iudgement of the Court which is called a Demurrer for that they go not forward in pleading but rest upon Iudgement in that point and is called in Latine Records Moratur in Lege For in every Action the difference consists either in Deed or in Law If in Fact it is tried by the Iury if in Law then the matter is either plain or difficult and rare if it be plain then Iudgment is presently given but when it is hard and doubtfull then is stay made and time taken either to consider farther thereupon by the Iudges to agree if they can or otherwise for all the Iustices to meet together in the Exchequer-Chamber and upon hearing of that which the Serjeants shall say unto both parts to advise and determine what is Law and that which is there concluded on by them shall stand firm without further remedy There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue Plo. Com. 2. 3 Rast Entr. 607. Half bloud HAlf bloud is when a man marries a wife and hath issue by her a son or daughter and the wife dies and then he takes another woman and hath by her also a son or daughter Now these two sons are after a sort Brothers or as they are termed Half-brothers or Brothers of the half