Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
the Law gives much credit and authority to Coroners Corporation Corporation is a permanent thing that may have succession And it is an Assembly and joyning together of many into one Fellowship Brotherhood and mind whereof one is Head and chief the rest are the Body and this Head and Body knit together make the Corporation And of Corporations some are Spiritual some Temporal and of Spiritual some are Corporations of dead persons in Law and some otherwise and some are by authority of the King only and some have been of a mixt authority And of those that are Temporal some are by the authority of the King also and some by the Common Law of the Realm Corporation Spiritual and of dead persons in the Law is where the Corporation consists of an Abbot and Covent which had beginning of the King and the Pope when he had to do here Corporation Spiritual and of able persons in Law is where the Corporation consists of a Dean and Chapter Master of a Colledge or Hospital and this Corporation had beginning of the King only Corporation Temporal by the King is where there is a Mayor and Commonalty Corporation Temporal by authority of the Common Law is the Assembly in Parliament which consists of the King the Head of the Corporation the Lords Spiritual and Temporal and the Commons of the Realm the Body of the Corporation Bodies politick BOdies politick are Bishops Abbots Priors Deans Parsons of Churches and such like which have succession in one person only If land be given to a Maior and Commonalty for their lives they have an Estate by intendment not determinable So it is if a Feoffment be made of land to a Dean and Chapter without speaking of Successors Release of a Mayor for any summ of money due to the Corporation in his own name is not good in Law In case of a sole Corporation or Body politick as Bishop Parson Vicar Master of Hospital c. no Chattel either in action or possession shall go in succession but the Executors or Administrators of the Bishop Parson c. shall have them for Succession in a Body politick is as Inheritance in case of a body private But otherwise is in case of a Corporation composed of many as a Dean and Chapter Mayor and Commonalty and such like for there they in judgement of the Law never die Yet the case of the Chamberlain of London differs from all these and his Successors may in his own name have Execution of a Recognisance acknowledged to his Predecessor for Orphanagemoney and the reason is because in this case the Corporation of the Chamberlain is by Custome and the same Custome that hath created him and made a Corporation in Succession as to the said special purpose concerning Orphanage hath enabled the Successor to take such Recognisances Obligations c. that are made to his Predecessor And this Custom is founded upon great reason for the Executors or Administrators of the Chamberlain ought not to intermeddle with such Recognisances Obligations c. which by the said Custom are taken in the corporate capacity of the Chamberlain and not in his private But a Bishop Parson c. or any sole Corporation that are Bodies politick by prescription cannot take a Recognisance or Obligation but only to their private and not in their politick capacity for they want Custome to take a Chattel in their politick or corporate capacity Corpus cum Causa or Habeas Corpus COrpus cum Causa is a Writ issuing out of the Chancery to remove both the body and the Record of the Cause of any man lying in Execution upon a Iudgement for Debt into the Kings Bench c. there to lie till he have satisfied the Iudgement Fitzh Nat. Brev. fol. 251. e. It lies also to remove any Action from inferiour Courts of Record into any of the 3 Courts in Westm Corruption of Blood COrruption of Blood is when any one is attainted of Felony or Treason then his Bloud is said to be corrupt by means whereof neither his children nor any of his bloud can be heirs to him or to any other Ancestor for which they ought to claim by him And if he were a Noble or Gentleman before he and all his children are made thereby ignoble and ungentle having regard to the Nobility or Gentry they claim by their father which cannot be restored by the Kings Grant without authority of Parliament But if the King will pardon the offendor it will cleanse the corruption of the Blood of those children which are born after the Pardon and they may inherit the land of their Ancestor purchased at the time of the Pardon or afterwards but so cannot they who were born before the Pardon Also he that is attainted of Treason or Felony shall not be heir to his father but this disability shall hinder others to be heir so that during his life the land shall rather escheat to the Lord of the Fee then discend to another But if he who is attainted dies without issue of his body during the life of his Ancestor then his younger Brother Sister or Cousin shall inherit for if the eldest Son be hanged or abjure the Realm for Felony during the life of the Father it is no impediment but that the youngest Son may inherit 27 Edw. 3. c. 77. And if he who is attaint of Treason or Felony in the life of his Ancestor purchase the Kings Pardon before the death of his Ancestor yet he shall not be Heir to the said Ancestor but the Land shall rather escheat to the Lord of the Fee by the Corruption of bloud 26 Ass pla 2. But if the eldest son be a Clerk convict in the life of his Father and after his Father dies in this case he shall inherit his Fathers Land because he was not attainted of Felony for by the Common Law he should inherit after he had made his Purgation And now by the Statute of 18 El. cap. 6. he shall be forthwith enlarged after burning in the hand and delivered out of prison and not committed to the Ordinary to make his Purgation but he is in the same case as if he had made his Purgation If a man that hath Land in right of his wife hath issue and his Bloud is corrupt by Attainder of Felony and the King pardons him in this case if the wife dies before him he shall not be Tenant by the courtesse for the corruption of the blood of that issue But it is otherwise if he hath issue after the Pardon for then he shall be Tenant although the issue which he had before the Pardon be not inheritable 13 H. 7. c. 17. If a man seised of Land hath issue two sons and the eldest is attainted in the life of his Father of Felony and therefore executed or otherwise dies during the life of his Father and after the Father dies seised the Land shall descend to the youngest son as Heir unto his Father if
avoid a Discent of lands and by it in other cases he may save his Title which otherwise should be lost As if a man be disseised and the Disseisee makes a Continual claim that is if he claim the lands whereof he is disseised within the year and day before the death of the Disseisor then may he enter notwithstanding the Discent Also if a Fine be levied of another mans Land then he that hath right thereunto ought to make his Claim within five years after the Proclamation had made or certified by the Statute of 4 Hen. 7. cap 24. But a Stranger that hath no right cannot of his own head enter or make Claim in the name of him that hath right to avoid the Fine within the five years without commandment precedent or assent subsequent yet Gardian for education or in Socage may enter or make Claim in the name of the Infant that hath right to enter or make Claim and this shall help the estate of the Infant without commandment or assent for there is privity between them Claim of Libertie Is a Suit or Petition to the King in the Court of Exchequer to have Liberties and Franchises confirmed there by the Kings Attorney General Co. Ent. 93. Clergie CLergie is taken divers wayes sometimes for the whole number of Religious men sometimes for a Plea to an Indictment or Appeal and is defined to be an ancient Liberty of the Church confirmed in divers Parliaments And it is when a man is arraigned of Felony or such like before a temporal Iudge c. and the prisoner prayes his Clergy that is to have his Book which in ancient time was as much as if he desired to be dismissed from the temporal Iudge and to be dâ—livered to the Ordinary to purge himself of the same offence And then the Iudge shall command the Ordinary to trie if he can read as a Clerke in such a Book and place as the Iudge shall appoint And if the Ordinary certifie the Iudge that he can then the prisoner shall not have judgment to lose his life But this Libertie of the Clergie is restrained by the Statute of 8 El. c. 4. an 14 ejusd c. 5. an 18 ejusd c. 4 6 7. 23 ejusd cap. 2. 29. ejusd cap. 2 31 ejusd cap. 12. 39 ejusd cap. 9 15. See Crompt Just of Peace fo 102 c. and Stamf. lib. 2. cap. 41. and the Stat. of 18 Eliz. cap. 7. by which Clerks are not to be delivered to their Ordinaries to be purged but now every man though not within Orders is put to read at the Bar being found guilty and convicted of such Felony for which this benefit is still granted and so burned in the hand and set free the first time if the Ordinary's Comissary or Deputy saith He readeth as a Clerk or otherwise he suffers death for his transgression Clerk CLerk hath two significations one as it is the title of him that belongs to the holy Ministery of the Church that is in these dayes either Minister or Deacon of what other degree or dignity soever although that in ancient time not only Sacerdotes and Diaconi but also Subdiaconi Can â— ores Acoluthi Exorcistae and Ostiarii were within this account as they are at this day where the Canon Law hath full power And in this signification a Clerk is either Religious otherwise called Regular or Secular 4 H. 4. cap. 12. The other signification of this word denotes such as by their function or course of life use their pen in any Court or otherwise as namely the Clerk of the Rolls of Parliament Clerks of the Chancery and such like Clerico admittendo CLerico admittendo is a Writ directed to the Bishop for the admitting a Clerk to a Benefice upon a Ne admittas tried and found for the party that procures the Writ Beg. orig f. 31. Clerk Attaint CLerk attaint is he who prayes his Clergy after judgment given upon him of the Felony and hath his Clergy allowed such a Clerk might not make his Purgation Clerk convict CLerk convict is he who prayes his Clergy before judgment given upon him of the Felony and hath his Clergy granted such a Clerk might make his Purgation Note that this Purgation was made when he was dismissed to the Ordinary there to be tried by the enquest of Clerks and therefore now by the Stat. of 18 Eliz. cap. 7. no such is put to the Ordinary Closh CLosh is an unlawfull Game forbidden by the Statute made in the 17 year of E. cap. 4. and it is inhibited also by the Statute of 33 H. 8. cap. 9. But there it is more properly called Clash for it is the throwing of a Bowl at nine Pins of wood or nine shank-bones of an Oxe or Horse and it is now ordinarily called Kailes or Nine-pins Coadjutor COadjutor to the Disseisin is he who with another disseises one of his Free-hold to the use of the other and he shall be punished as a Disseisor but he is not such a Disseisor who gaines the Freehold but the Free-hold vests and is wholly in him to whose use the Disseisin was committed as appears in Littleton l. 3. cap. 3 of Jointenants Cocket COcket is a Seal pertaining to the King's Custome-house and it signifies also a Scrowl of Parchment sealed and delivered by the Officers of the Custome-house to Merchants as a Warrant that their merchandize are customed This word is used in the old Statutes now expired of 14 E. 3. Stat. 1. c. 21. 11 H. 6. cap. 16. Codicil COdicil is the Will or Testament of a man concerning that which he would have done after his death without the appointing of an Executor Or it is an addition or supplement added unto a Will or Testament after the finishing of it for the supply of something which the Testator had forgotten or to help some defect in the Will Of this you may read more in Swinbourn's Wills and Testaments part 1. Sect. 5. num 2 3 c. Coin COin is a word collective which contains in it all manner of the several stamps pourtraitures of Money And this is one of the Royal Prerogatives belonging to every Prince that he alone in his own Dominions may order dispose the quantity and fashions of his Coin And though this is the sinew of all traffick and commerce yet the Coin of one King is not currant in the Realms of another King commonly unless at great loss If a man binds himself to pay an hundred pounds of lawfull Money of England to another and at the day of payment some of the money chances to be Spanish or French Coin there the Obligation is well performed if those Coins are by Proclamation made currant money of England For the King by his absolute Prerogative may make any forein Coin lawful money of England at his pleasure by his Proclamation In case where a man is to pay Rent to his Lessor upon condition of Re-entry and the
had the Government of any such Manor or House was called the Commander who had nothing to do to dispose of it but to the use of the Priory and to have only his sustenance from it according to his degree which was usually a Brother of the same Priory who had been made Knight in the Wars against Infidels and they were lately called Knights of the Rhodes or Knights of Malta of the places where their grand Master did dwell See the said Statute and the old Statute intituled De Templariis whose decay was a great increase of this Order And many of these Commandries are called in the Country by the name of Temple Commandam COmmendam is a Benefice that being void is commended to the care of some sufficient Clerk to be supplied untill it may be conveniently provided of a Pastor And the true original of these Commendams was either evident profit or necessity He to whom the Church is commended hath the fruits and profits thereof only for a certain time and the nature of the Church is not changed thereby but is as a thing deposited in the hands of him to whom it is commended who hath nothing but the Custody thereof which may be revoked Commissary COmmissary is a title of Ecclesiastical Iurisdiction appertaining to him that exercises Spiritual Iurisdiction in places of the Diocess so far distant from the chief City that the Chancellor cannot call the Subjects to the Bishop's principal Consistory without their great trouble This Commissary is called by the Canonists Commissary or Officialis foraneus and is ordained to this special end that he should supply the Office and Iurisdiction of the Bishop in the out-places of the Diocess or in such Parishes as are peculiars to the Bishop and exempted from the Archdeacon's Iurisdiction for where by prescription or by composition there are Archdeacons who have Iurisdiction in their Archdeaconries as in most places they have there this Commissary is superfluous and rather to the prejudice then good of the people Commission COmmission is as much in the Common Law as the word Delegate in the Civil and is taken for the Warrant or Letters Patents which all men using Iurisdiction either ordinary or extraordinary have for their power to hear or determine any matter or action Yet this word sometimes extends more largely then to matters of Iudgement as the Commission of Purveyors or Cakers 11 H. 4. c. 28. But with this Epithete High it is most commonly used for the High-Commission Court instituted and founded upon the Stat. of 1 Eliz. c. 1. for the ordering and reforming of all offences in any thing appertaining to the Iurisdiction Ecclesiastical but especially such as are of highest nature or at least require greater puishment then the ordinary Iurisdiction call afford See the Statutes 17 Car. 1. c. 11. and 13 Car. 2. c. 12. by which the said Court is wholly abolished Commission of Rebellion Com̄ission of Rebellion otherwise called a Writ of Rebellion is used when a man after Proclamation made by the Sheriff upon an Order or Process of the Chancery under penalty of Allegeance to present himself to the Court by a day certain appears not And this Commission is directed by way of command to certain persons to the end they three two or one of them shall apprehend or cause to be apprehended the party as a Rebell and contemner of the Kings Laws in what place s ◠ever they shall find him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned Committee COmmittee is he or they to whom the consideration or ordering of any matter is referred either by some Court or consent of the parties to whom it appertains as in Parliament a Bill being read is either consented unto and passed or denied and referred to the consideration of some certain man appointed by the House who hereupon are called a Committee But this word is otherwise used by Kitchen f. 160. where the widdow of the Kings Tenant is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Common COmmon is the right that a man hath to put his Beasts to Pasture or to use the ground that is not his own And note that there are divers Commons that is Common in grosse Common appendant Cōmon appurtenant and Common because of neighbourhood Common in Gross is where I by my Deed grant to another that he shall have Common in my Land Common appendant is where a man is seised of certain land to which he hath Common in anothers ground only for those beasts which compost the land to which it is appendant excepting Geese Goats and H ◠gs which Common is by prescription and of common right and appendant to arable land only Common appurtenant is of the same nature with Common appendant but with all manner of beasts as well Hogs and Goats as Horses Kine and such as compost the ground And this Common may be made at this day and severed from the land to which it is appurtenant but so cannot Common appendant Common because of neighbourhood is where the Tenants of two Lords are seised of two Mannors adjoyning to each other and the Tenants have time out of mind intercommoned each with other with all manner of beasts commonable Yet the one may not put his Cattel in the others ground for so they of the other Town may distrain them Dammage fesant or have an Action of Trespass but they may put them into their own fields and if they stray into the fields of the other Town there they ough to suffer them And the inhabitants of the one Town ought not to put in as many beasts as they will but with regard to the inhabitants of the other for otherwise it were no good Neighbourhood upon which all this depends Common Fine COmmon Fine is a certain summe of Money which the Resiants in a Leet pay unto the Lord of the Leet and it is called in some places Head-silver in some places Certum Letae and was as it seems first granted to the Lord towards the charge of his purchase of the Leet whereby the Resiants had now an ease to do their Suit royal within the Mannor and not be compelled to go to the Sherifs Tourn to do it And for this Common Fine the Lord must prescribe and cannot distrain for it without a prescription as it appears in Godfrey's Case in 11. Rep. fo 44. b. Common Law COmmon Law is for the most part taken three ways First for the Laws of this Realm simply without any other Law as Customary Civil Spiritual or whatever other Law joyned to it as when it is disputed in our Laws of England what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or such like Secondly it is taken for the Kings Courts as the Kings Bench or Common Place only
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
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.
de Audience est un CurÌ„ appertient al Archevesque de Canterbury de legal authority avec le Curia de Arches bien qÌ„ inferieur en digni â— y antiquity De quel vous pois lire pluseurs en un Livre entitule De antiquitate Ecclesiae Britannicae Historia Audita Querela AUdita Querela est un Brief que gist lou un est oblige en un Estatute-Merchant Estatute-Staple ou Recognisance on lou JudgmÌ„t est done vers luy pÌ„ Dett son corps en Execution sur cÌ„ donques sil ad un Releas ou aut ' sufficient matter destrÌ„ discharge del Execution mes nad jour en Court de ceo pleader donques il avera cest Brief vers cestuy que ad recover ou vers ses Executors Auditeur Auditeur est un Officer del Roy ou del auter grand person que per annuel Examination del Accounts de tout inferior Officers accountable fait un general Livre que monstre le difference perenter lour Receptions ou Charge lour Payments ou Allocations Veies le Stat. 33 H. 8. c. 33. Est auxy un auter sort â— Auditors assigne 〈◊〉 ascÌ„ Court en quel un Defendant est adjudge â— Accounter queux pristeront l'account mise ceo en form en escript donque ceo est enrol le Plaintiff plede a ceo le Defendant reply si mistier soit issint aleront al issue sur divers points particulars del account Average AVerage est le Service que le Tenant doit a son SeignÌ„ destre fait 〈◊〉 les Avers le Tenant semble destre derive del parol Averia pÌ„ ceo que est le Service que les Avers le Tenant â— form pur le Seignior 〈◊〉 carriage ou auterment Auxy ceo parol ad un auter signification est mult use en le Statute 32 H. 8. c. 14. pur un certain Contribution que Merchants auters payont proportionalment pur les perdes de eux que ont leur biens ejects en un tempest pÌ„ le safe-guard del Niefe ou des biens vifes de eux que sont en le Niefe Averment AVerment est lou un home plead un Plea en Abatement del Brief ou BarrÌ„ de Action que il dit est prist de prover come le Court voit agard Cest offer de prover son Plea est appel un Averment Auxy est un Brief appel Brief de Averment que est fait hors â— ascun Court del Ley a Westminster Sale ou un Action Depend quant le Viscount sur un Distringas returne petits issues donques les Judges al Assises poit cause ceo destre enquise 〈◊〉 un Jery si le Viscount poit returne pluis issues des terres le Defendant si soit trove qÌ„ il poit donques il doit returne pluis issues a compel le Defendant de appear al suit del Plaintiff ou a faire ceo que le Distringas require luy a faire Averpeny AVerpeny est quietum esse de diversis denariis pro arreragiis Domini Regis Augmentation AUgmentation suit le nosme de un Court erect en le 27 An. del Roy Henry le huict Et le cause de ceo fuit qÌ„ le Roy puit estre vierment use touchant les ê“fits de tiels Religious Measons lour TerrÌ„ que fueront done a luy 〈◊〉 Act â— ParliamÌ„t mesme le an nient imprimee Pur le dissolving le quel Court le fuit un Act sait en le Parliament tenus en le primÌ„ an del Reign del Roign Mary Sess 2. Cap. 10. que el puis mis en Execution per sa Letters Patents Le nosme del Court surde 〈◊〉 ceo Que les Revenues del Corone fueront tant augment â— le Suppression des dit Measons quant le Roy reserve al Corone nient done ou vende al auters Mes le Office de Augmentation remain a cest jour en que la sont plusors Records de grand use importance Aumone AUmone ou Tenure en Almoin est Tenure per Divine Service car issint Brit. dit fol. 164. Tenure en Aumone est terre ou tenements do â— e a Aumone dont ascun Service est retenue al Feoffor ou Donor Auneel weight AUncel weight fuit un ancient manner de poiser en Angleterre 〈◊〉 le pender des balences hooks al chescun fine â— un baston le quel le party elevate sur son digit ou ove sa main issint discerne le equality difference des choses poises Mes ceo weight esteant subject al mult deceit divers Statutes fueront faits qÌ„ ceo ouster comÌ„ le Statute 25 E. 3. c. 9. 34 E. 3 c. 5. 8 H. 6. c. 5. auters Et fuit appel Auncel weight quasi Handsale weight Auncient ou ancient Demesne ANcient Demesne est un certain Tenure per quel touts ceux Manors queux fueront en maines de S Edward le Confessor les queux il fist escrier en un Livre appel Dooms-day sub tit â— lo Regis touts les terÌ„ tenus de dit Manors sont tenus les TenaÌ„ts ne serra implead hors del di â— Mannors sil soyent ils poyent monstre le matter abater le Brief mes sil responder al Brief plead Judgment soit done donques les terre sont devenus frank-see a touts jours Tantque ceo Judgment est reverse per BreÌ„ de Disceit Rast Ent. 100 221. 2 R. 3. 1. 11 H. 4. 36. 21 E. 3. 20. Auxy touts Tenants eÌ„ Ancient demesne sont frank 〈◊〉 Tolle pÌ„ touts choses concernont lour viand husbandrie en aucient demesne pÌ„ tiels terres ils ne serra mis ne empanÌ„el sur aseÌ„ Enquest Mes touts les terres en AncieÌ„t demesnÌ„ queux sont en maines le Roy sont frank-fee pleadable al ComÌ„ Ley. Veies plus apres en le Title Sokmans Avoir de pois AVoir de pois est tant adire veri sive justi ponderis Et signifie en nostrÌ„ Ley deux choses Primerment un kind 〈◊〉 pois different 〈◊〉 ceo qÌ„ est appel Troy Weight que nad forsque 12 ounces al liver lou le Avoir de pois contein 16. Secondment signifie tiel Merchandises queux sont poises â— cest weight nemy per Troy weight Come est a veier en le Stat. de York 9 E. 3. 27 E. 3. c. 9. Stat. 2. c. 10. le Stat. 〈◊〉 Glocester 2 R. 2. c. 1. Avowrie AVowrie est lou un prist Distress pur Rent ou auter chose lauter sua Replevin donques celuy que avoit ceo prise justifiera eÌ„ son Plea pur quel cause il prist ceo si il prist ceo en son droit demesne il doit ceo monstre issint avow a le prisel ceo est appel son Avowrie Mes
en Religion ou luy disable issint que il ne puit luy prender accordant a le dit Condition donques la feme Donour ses Heirs avera le dit Brief vers lui ou vers quecunque est eins en le dit Terre Mes cest Condition doit estre fait per Endenture auterment cest Brief ne gist Et touts ceux auters Briefs 〈◊〉 Entre poient este fait en le Per Cui Post Entrusion ENtrusion est un Brief que gist lou Tenant pur vie devie seisie de certain Terres ou Tenements un Estrange entra celuy en ia Reversion avera cest Brief vers l'Abator ou quecunque que soit eins apres lour Entrusion Auxy un Brief de Entrusion serra maintainable pur le Successor de un Abbe vers l'Abator que enter en ascun Terres ou Tenements Tempore vocationis que appent a la Esglise per le Statute de Marlebridge cap. uâ—timo Et il semble que le difference perenter un Entrudor un Abator est en ceo Que un Abator est celuy que entra en Terres void per le mort de un Tenant en Fee un Entru â— or est celuy que entra en Terres void per le mort de un Tenant pÌ„ vie ou ans Veies F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard est un Brief que gist ou le Heir deins age entra en ses Terres tient hors son Seignior car en ti â— l case le Seignior navera le Brief de commun Custodia mes cest Brief de Entrusion 〈◊〉 Gard. Veil N. B. fol. 90. Enure ENure signifie Prendre place ou effect estre available Come un Release enura per voy d'Entinguishment Lit. Ca. Release Equitie EQuitie est en deux manners ceux de contrarie effects car un abri â— ge â— ol le letter del Ley l' auter enlarge adde a eo Le primer est issint define Equilas est Correctio Legis generatim latae qua parte deficit le quel Correction del general â— ols est mult use en nrÌ„e Ley. Sicome pur exampleo Quant Act de Parliament est fait quecunque qÌ„ fait tiel act serra Felon serra mise al mort uncorÌ„ si home de Non sane memorie ou Enfant que nad discretion le fait is ne serront Felons ne mise al mort Auxy si Statute soit fait Que touts persons que receiveront ou doneroÌ„t maunger ou boyer ou aut ' aid a cestuy que fera tiel act serront accessary a son Offenc serront mise al mort si ils conusteront del fact uncorÌ„ l'un fait tiel act veigne a sa proê‘femÌ„ qÌ„ sciaÌ„t ceo luy receive done maunger boyer a luy el ne serra Accessary ne Felon car ê‘ le generalitie â— les dits parols cestuy de Non sane memorie Enfant ne feme fueront enclude en Entent de Ley. Et issint Equitie correct le generaltie del Ley eÌ„ ceux cases les parols generals soÌ„t ê‘ Equitie abridge Laut ' Equit â— e est definÌ„ estre un Extension des parols de la Ley al Cases non exprimez ayant neantmoins la mesm â— raison Ainsi qnÌ„t les parols enact un chose ils enact touts choses que sont eÌ„ semblables degrees SicoÌ„e le Statute que ordeigne Que en Action de Det vers Executors cestuy que vient per Distresse respondera extenda per Equite al Administratours car cestuy de eu â— que vient primes ê‘ Distresse respondera per Equitie del dit Act quia sunt in aequali genere Issint le Statute de Gloucester done l' Action de Waste le Punishment de ceo vers cestuy que tient pur vie ou ans per l' Equitie de ceo home avera Action de Waste vers cestuy que tient sorsque pur un an ou demy an uncore ceo est hors del parols del Statute car cestuy que tient sorsque pur demy an ou un an ne tient pur ans mes ceo est l' entent les parol quel enact l'un per Equitie enacteront l' auter Errant ERrant id est Intinerans ven â— st del parol Francois Errer id est Errare ou del vieux parol Erre id est Iter est appropriate as Justices que alont en Circuit as Bailies a large que pur ceo sunt appelle Justices Errants Bailies Errants eo qÌ„ ils alont travailont del un lieu al auter l' un pur faire Justice auter per executer Proces Veies Eire Error ERror est un Fau â— t en un Judgment ou en le Proceste ou Proceeding al Judgment ou eÌ„ Execution sur ceo en Court de Record quel Fault en le Civil Ley est appel uÌ„ Nullitie Auxy Error est le nosmÌ„ 〈◊〉 uÌ„ Brief gist lou JudgmÌ„t est donÌ„ eÌ„ le ComÌ„on Banke ou devant Justice en Assise ou devant Justice de Oyer Terminer ou devaÌ„t le Maior ou ViscouÌ„t de Londres ou en aut ' Court de Record contra le Ley ou sur undue ou male Proces donques le ê‘tie grieve avera cel Brief ê‘ ceo causera le Record Proces destrÌ„ remove devaÌ„t les Justices de Bank le Roy ia fil Error soit trove il serra reverse Mes si erroneous Judgment soit done en Bank le Roy donques il ne poit este reverse forsque per Parliament tanque le Statute 27 Eliz cap. 8. Auxy si tiel Default soit en Judgment donÌ„ eÌ„ Court qÌ„ nest de Record comÌ„ en Countie Hundred ou Court-Baron donque le ê‘tie avera Brief de Faux Judgment pur faire le Record vener devant Justice de ComÌ„on Bank Auxy si Error soit trove en i'Exchequer il serra redresse per le Chauncelor Treasurer ut patet ê‘ Statute Ed. 3. an 31. c. 12 31 Eliz. c. 1. Est auxi un aut ' breif d'error sur JudgmÌ„t en Bank le Roy Et cest ou le Plaint ' voil assigne matter eÌ„ fait pur Error Et cÌ„ gist eÌ„ mesme le Court car cest Court poit redress lour errors eÌ„ fait mes nemy lour lour Errors en ley mes le Court de Com. B. ne poit issint fair Escape EScape est lou un que est arrest deveigne a son liberty devant que il soit deliver ê‘ Agard de ascuÌ„ Justice ou ê‘ order de Ley. Escape est en deux sorts voluntarie negligent Voluntarie Escape est qnÌ„t un arrest auter pur Felonie ou auter crime puis celuy en que custodie il soit luy lesser aler lou il voit Et si l'Arrest fuit pur Felonie ceo serra dit