only by the Law that is to say by Escheat Privy in Right is where one possessed of a Term for years grants his Estate to another upon Condition and makes his Executors and dies now these Executors are Privies in Right for if the Condition be broken and they enter into the Land they have it in right of their Testator and to his use Privy of Blood is the Heir of the Feoffor or Donor c. Also if a Fine be levied the Heirs of them that levied the Fine are called Privies Privileges PRivileges are Liberties and Franchises granted to an Office Place Town or Mannor by the Kings great Charter Letter Patents or Act of Parliament as Toll Sake Socke Infangtheef Outfangtheef Tourne Ordelfe and divers such like for which look in their proper titles and places Also there are other privileges which the Law takes notice of that is to say the privileges of the Commons Peers of the Parliament the privileges of Attornies Officers of the Courts at Westm that they shall not be sued or impleaded in another Court but in that where they are Attornies or Officers Procedendo PRocedendo is a Writ that lies where any Action is sued in one Court which is removed to another more high as to the Chancery Kings Bench or Common Place by a Writ of Priviledge or Certiorari and if the Defendant upon the matter shewed have no cause of Priviledge or if the matter in the Bill whereupon the Certiorari issued be not well proved then the Plaintiff shall have this Procedendo to send again the matter unto the first base Court there to be determined Proces PRoces are the Writs and Precepts that go forth upon the Original And in Actions real and personal there are sundry sorts of Proces For in Actions real the Proces i ◠Grand Cape before Appearance Therefore see of that in the 〈◊〉 Petit Cape But in Actions personal as in Debt Trespass or Detinue the Proces is a Distress and if the Sheriff return Nihil habet in Balliva c. then the Proces is Alias Capias and Pluries and an Exigent and they are called Capias ad respondendum Also the Exigent shall be proclaimed five times and if the party do not appear he shall be outlawed But in divers Actions there are divers manners of Proces which at large is declared in N. B. And there are divers other Proces after Appearance when the parties are at Issue to make the Enquest appear as a Writ of Venire facias and if they do not appear at the day then a Writ of Habeas corpora Jurat ' and after a Writ of Dist ◠ingas Jurat ' And there are divers other Proces after Iudgment as Capias ad satisfaciendum and Capias utlagatum c. Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage then he shall be arrested by this Writ and put in Prison without Bail or Mainprise till he hath paid the Debt and the Dammages Capias utlagatum lies where one is outlawed then he shall be taken by this Writ and put in Prison without Bail or Mainprise for that he had the Law in contempt And there are other Proces and Writs Iudicial as Capias ad valentiam Fieri facias Scire facias and many other and therefore look for them in their Titles Next friend NExt friend is commonly taken for Gardian in Soccage and is where a man seised of Land holden in Socage dies his issue within age of 14 years then the next friend or next of kin to whom the Lands cannot discend shall have the keeping of the Heir and of the Land to the only use of the Heir until he come to the age of 14 years and then he may enter and put the Gardian out and bring him to accompt But in that Accompt he shall be allowed for all reasonable costs and expences bestowed either upon the Heir or his Land The next friend or next of kin to whom the Inheritance cannot discend is thus to be understood If the Lands discend to the Heir from his Father or any of the kin of his Fathers side then the Mother or other of the Mothers side are called the next of kin to whom the Inheritance cannot discend for before it shall so diseend it shall rather escheat to the Lord of whom it is holden And where the Lands come to the Heir from his Mother or any of her side then the Father or other of the Fathers side are called the next of kin to whom the Inheritance cannot discend but shall rather escheat to the Lord of whom it is holden Otherwise Prochein amy is he who appears in any Court for an Infant who sues any Action and aids the Infant to pursue his Suit whereof see the Statutes of Westm 1. cap. 47. and Westm 2. cap. 15. that an Infant may not make an Atturney but the Court may admit the next Friend for the Plaintiff and a Gardian for the Infant Defendant as his Atturney Proclamation PRoclamation is Notice publickly given of any thing whereof the King thinks good to advertise his Subjects so it is used Anno 7. R. 2. c. 6. Proclamation of Rebellion is an open notice given by an Officer that a man not appearing upon a Subpoena or Attachment in the Chancery shall be reputed a Rebell except he render himself at the day assigned Crompt Jurisdict fol. 92. And it is to be noted that no man may make Proclamation but by authority of the King or Majors and such like as have proviledges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market-towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and Fined Brook Proclamation 10. Procurator PRocurator is used for him who gathers the Fruits of a Benefice for another man Anno 3 Ric. 2. Stat. 1. cap. 2. Prohibition PRohibition is a Writ that lies where a man is impleaded in the Spiritual Court of a thing that touches not Matrimony nor Testament nor meerly Tithes but the Kings Crown This Writ shall be directed as well to the party as to the Iudge or his Official to prohibit them that they pursue no farther But if it appear afterward to the Iudges temporal that the matter is fit to be determined in the Spiritual Court and not in the Court Temporal then the party shall have a Writ of Consultation commanding the Iudges of the Court Spiritual to proceed in the first Plea Also there are many other Prohibitions to the Admiralty and to other Courts of Common-Law if they exceed their power Properite PRopertie is the highest Right that a man hath or can have to any thing which no way depends upon another mans courtesie And this none in this Kingdom can be said to have in any Lands or
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
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
held within one month after a Feast and the Steward holds it after the month and in this Court Assess a Fine or Amerciament and the Bailiff distrains for it the party that is so distrained may have an Action of Trespass against the Bailiff Bank BAnk in French Banque i. Mensa is most usually taken for a Seat or Bench of Iudgment as Bank le Roy the Kings Bench Bank de Common Pleas the Bench of Common Pleas or Common Bench. Kitchin fol. 102. called also in Latin Bancus Regius and Bancus Communium Placitorum Cromp. Jur. f. 67 91. Kings Bench. KIngs Bench is a Court at Westminster where Pleas of the Crown Debts Trespasses and personal Actions Errors Audita Querela's c. are determined Bankrupt BAnkrupt by the Statute 1 Jac. c. 15. is thus described All and every such person and persons using or that shall use the trade of Merchandise by way of Bargaining Exchange Bartery Chevisance or otherwise in gross or by seeking his her or their trade of Living by buying and selling and being a Subject born of this Realm or any of the Kings Dominions or denizon which at any time since the first day of this present Parliament or at any time hereafter shall depart the Realm or begin to keep his or her house or houses or otherwise to absent him or her self or take sanctuary or suffer him or her self willingly to be arrested for any Debt or other thing not grown or due for money delivered ware sold or any other just or lawful cause or good considerations or purposes or hath or will suffer him or her self to be outlawed or yield him or her self to prison or willingly or fraudulently hath or shall procure him or her self to be arrested or him or her goods money or chattels to be attached or sequestred or depart from his or her dwelling-house or make or cause to be made any fraudulent grant or conveyance of his her or their Lands Tenements Goods or Chattels to the intent or wherehy his her or their Creditors being Subjects born as aforesaid shall or may be defeated or delayed for the recovery of their just and true Debt or being arrested for Debt shall after his or her Arrest lie in prison six months or more upon that Arrest or Detention in Prison for Debt and shall lie in Prison six months upon such Arrest or Detention shall be accounted and adjudged a Bankrupt to all intents and purposes See the Stat. 14 Car. 2. ca. 23. Banneret BAnneret is a Knight made in the Field with the ceremony of cutting off the point of his Standard ' and making it as it were a Banner And such are allowed to display their names in a Banner in the Kings Army as Barons â— o. And that such were next unto Barons in Dignity appears by the Statute made in the 5 year of R. 2. Stat. 2. cap. 4. by which Statute it seems such Bannerets were anciently called by Summons to the Parliament Banns BAnns is a word common a â— d ordinary among the Feudists and signifies a Proclamation or any publick notice given of any thing Eract lib. 3. tra 2. cap. 21. makes mention of Bannus Regis for a Proclamation or silence made by the Crier before the meeting of the Champions in a combat But we use this word Banns especially for the Publication of matrimonial Contracts in the Church before Marriage Bargain Sale BArgain and Sale is when a Recompence is given by both the parties to the Bargain as if one bargain and sell his Land to another for money here the Land is a Recompence to him for the money and the money is a Recompence to the other for the Land and this is a good Contract and Bargain And by such a Bargain Sale lands may pass without Livery or seisin if the Bargain and Sale be by Deed indented sealed and inrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six months next after the date of the same writing indented according to the Statute in that behalf made in the 27 year of H. 8. cap. 16. Barcary BArcary signifies a Farm house as it seems Rast Ent. Tit. Assise en Corps politique 2. Barmote BArmote are divers Courts not of Record within the Hundred of the Peak in Derby-shire for the regulation of Groves Possessions and Trade of the Myners and Lead Barony BArony is a certain Royal Lordship where the Kings writ tunneth not and held of the King Rast Ent. Tit. Assise en Office 1. Barr. BArr is when the Defendant in any Action pleads a Plea which is a sufficient answer and destroys the Action of the Plaintiff for ever And it may be divided into Barr to common intendment and Barr special Barr to common intendment is an ordinary or general Barr which commonly disables the Declaration or Plea of the Plaintiff Barr special is that which more than ordinary and falls out in the case in question upon some special circumstance of the Fact As an Executor being sued for the Debt of his Testator pleads That he hath nothing in his hands at the day of the Writ purchased this is a good Barr to common intendment or at first sight but yet the case may be such that more goods may come to his hands after that time which if the Plaintiff can shew by way of Replication then except the Defendant hath a more special Plea or Barr to alledge he is to be condemned in the Action See Plow fol. 26 28. And in the same sense Barr is also divided into Barr material or special and Barr at large Kit. fol. 68. Barr is also in regard of the effect divided into Barr perpetual and Bar temporary Perpetual is that which overthows the Action for ever Temporary is that which is good for the present and may afterwards fail as Fully administred is a good Barr until it appear that more goods came afterward to the hands of the Executors which also holds for the Heir who in an Action for his Ancestors Debt pleads Nothing by discent See Brook Tit. Bar. nu 23. Barre fee. BArr fee is a Fee of twenty pence which every prisoner acquitted of Felony pays to the Sheriff or Goaler of which see 21 H. 7. 16. b. Barretry IS a word used in Pollices of Insurance and signifies dissentions and quarrels among the Officers and Seamen Barretor BArretor is a Common Mover Stirrer up or Maintainer of Suits Quarrels or parts either in Courts or in Country In Courts of Record and in the County Hundred and other inferior Courts In Country in three manners first in disturbing the peace secondly in taking or detaining the Possessions of Houses Lands or Goods c. that are in question or controversie not only by force but by subtilty and deceit and more usually in suppression of truth and right thirdly by false inventing and sowing of Calumnies Rumors and Reports making discord and disquiet to rise
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
have been taken for such as a man retains to speak for him in any Court as Advocates and Pledeurs to be another sort as Attorneys for one that is present himself but suffers another to speak for him Countours according to M. Horne are such Sergeants skilful in the Law which serve the common people to defend their Actions in Iudicature for their fee. Countee COuntee so called a comitando because they accompany the King was the most eminent and high dignity from the conquest untill the 11 year of King Ed. 3. when the Black Prince was created Duke of Cornwall and those who of ancient time were created Countees were of the Blood-Royal aud at this day the King in all his appellations stiles them by the name of Our most dear Cousin And for these causes the Law gives them high and great Priviledges and therefore their body shall not be arrested for Debt Trespasse c. because the Law intends that they assist the King with their counsel for the publick good and keep the Realm by their prowesse and valour Also for the same cause they shall not be put in Iuries although it be for the service of the Country And if issue be taken whether the Plaintiff or Defendant be a Countee or not this shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of favour against a Lord of the Parliament because he is intended to attend the publick And of ancient time the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County and now the Sheriff hath all the authority for administration and execution of Iustice which the Countee had Cok. lib. 9. fol. 49. and therefore he is called Viscount Countenance COuntenance seems to be used for Credit or Estimation Old Nat. Brev. 111. in these words The Attaint shall be granted to poor men that will take their oaths they have not any thing whereof to make their Fine saving their Countenance In the same manner it is used 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings Debtors with as much as they may levy with their oaths without abating the Debtors Countenance Countermand COuntermand is where a thing formerly executed is afterward by some act or ceremony made void by the party that hath first done it As if a man hath made his last Will whereby he devises his Land to J. S. and afterwards he infeoffs another of the same Land there this Feoffment is a Countermand to the Will and the Will as to the disposition of the Land is void If a woman seised of Land in fee makes a Will in writing and devises that if A. of B. survives her then she devises and bequeaths to him and his heirs her Land and afterward she entermarries with the said A. of B. there by taking him to husband and coverture at the time of her death the Will is Countermanded But if a Baroness widow retains two Chaplains according to the Statute and takes one of the Nobility to husband and afterwards the husband dies the Reteiner of those two Chaplains remains and they without new Reteiner may take two Benefices for their Reteiner was not determined nor countermanded by such Marriage If a woman makes a Lease at will and afterwards takes an husband this Marriage is no Countermand to the Lease without express matter done by the Husband after the Marriage to determine the Will Also if a Lease be made at will to a woman and she takes an Husband the Lease continues notwithstanding the Marriage and is no Countermand thereunto Counterplea COunterplea is when one brings an Action and the Tenant in his Answer and Plea vouches or calls any man to warrant his Title or prayes in aid of another who hath better Estate than he as of him that is in the Reversion or if one that is a stranger to the Action come and pray to be received to save his Estate if the Demandant reply thereto and shew cause that he ought not to vouch such a one or of such a one to have aid or that such a one ought not to be received this Plea is called a Counterplea to the Voucher Aid or Resceit as the case is But when the Voucher is allowed and the Vouchee comes in and demands what cause the Tenant hath and the Tenant shews his cause and the Vouchee pleads any thing to avoid the Warranty that is called a Counterplea in the Warranty Countie COuntie signifies as much as Shire both containing a compasse or portion of the Realm into which all its land is divided for the better government thereof and more easie administring of Iustice so that there is not any part of the Kingdom that lies not within some County and every County is governed by a yearly Officer whom we call Sheriff who among other duties belonging to his Office puts in execution all the Commandments and Iudgments of the Kings Courts that are to be executed within the compasse Fortesc ' cap. 24 Of these Counties there are four more remarkable than others called County Palatines as Lancaster Chester Durham and Ely an 5. El. c. 23. There was also the County Palatine of Hexam an 33 H. 8. cap. 10. but thereof quaere A County Palatine is of so high a nature that whereas all Pleas touching the life or maihem of a man called Pleas of the Crown are usually held and sped in the Kings name and cannot be passed in the name of any other the chief Governours of these by special Charter from the King heretofore did send out all Writs in their own name and did all things touching Iustice as absolutely as the Prince himself in other Counties onely acknowledging him to be their Superiour and Soveraigne But by the Statute of 27 H. 8. cap. 25. this power was much abridged which fee and Cromp. Jurisdict 137. Besides these two sorts of Counties there are also Counties corporate as appears by the Statute of 3 Ed. 4. 5. and these are certain Cities or ancient Boroughs of the Land upon whom the Princes of this Nation have bestowed such extraordinary Liberties as London York Chester Gloucester and many others County in another signification is used for the County Court which the Sheriff keeps every moneth within his charge either by himself or his Deputy See for this Dal â— on s Office of Sheriffs Of these Counties or Shires there are reckoned to be 37 in England besides the twelve in Wales Court COurt is diversly taken sometimes for the House where the King remains with his ordinary retinue and also the place where Iustice is judicially ministred of which you may find 32 several sorts in Cromp. Jurisd well described And of those the greater part are Courts of Record some are not and therefore accounted Base Courts in comparison of the others Besides these there are also Courts Christian so called because they handle matters chiefly
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.
happen in their Circuit which without this Commission they could not do See Fitzh N. B. fol. 110. b. P. Paine fort dure PAine fort dure is an especial Punishment for such as being arraigned for Felony refuse to put themselves upon the common Trial of God and the Country and thereby are Mute or as Mute in Law See this at large in Stamford Pl. Cor. fol. 150. Palace Court PAlace-Court is a Court of Record erect by King James by his Letters Patents and held at Southwark and is a Court of Common Law See Marshalsea Pannage PAnnage See Paunage Pannel PAnnel comes of the French word Panne that is a Skin signifies in our Common Law a Schedule or Roll containing the names of the Iurors which the Sheriff hath returned to pass upon any Trial. And therefore the Empannelling of the Iury is nothing but the entring of their Names into the Sheriffs Roll. Pape or Pope PApe Papa is a name that signifies Father and anciently was applyed to other Clergy-men in the Greek Church but by usage is particularly appropriated in the Latine Church to the Bishop of Rome a name very frequent in our ancient Year-Books especially in the times of those Kings who too much abandoning their Imperial Authority and abasing themselves beneath their estate suffered an Alien an Outhlandish Bishop that dwelt 1000 miles off to take from them the disposition of many Spiritual preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made while the Kingdom was of the Roman Communion but his whole Poer was not taken away till towards the latter end of Henry the Eighths Reign Paramount PAramount is compounded of two French words par and monter and it signifies in our Law the Highest Lord of the Fee For the better understanding of this see F. N. B. f. 135. M. in his Writ of Mesne Paraphernalia PAraphernalia in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praeter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dos They are Goods which a Wife challengeth above her Dower 1 Cro. Lord Hastings against Douglas Paravaile PAravaile is also compounded of two French words par and availer and signifies in our Law the lowest Tenant of the Fee who is Tenant to one that helds over of another See for the use of this word F. N. B. in his Writ of Mesne f. 135. M. Parceners PArceners are according to the course of the Common Law and according to Custom Parceners according to the Common Law are where one seised of an Estate of Inheritance of Tenements hath no Issue but Daughters and dies and the Tenements descend to the Daughters then they are called Parceners and are but as one Heir The same Law is if he have not any Issue and that his Sisters should be his Heirs But if a Man hath but one Daughter she is not called Parcener but the Daughter and Heir And if there are no Daughters nor Sisters the Land shall discend to the Aunts and they are called Parceners When Lands discend to divers Parceners they may make Partition between themselves by Agreement but if any of them will not make Partition then the others shall have a Writ de Partitione facienda directed to the Sheriff who shall make Partition between them by the Oath of xij lawful men of the Bailywick Also Partition by Agreement may be made by the Law as well by Word without Deed as by Deed. And if they are of full age the Partition shall remain for ever and shall never be defeated But if the Lands be to them in tail though they are concluded during their lives yet the Issue of him who hath the lesser part in value may disagree from the Partition and enter and occupy in common with the other part And if the Husbands of the Parceners make Partition when the Husband dies the Wife may disagree from the Partition Also if the Parcener who is within Age makes Partition when she comes to full age she may disagree But she must take good heed when she comes to her full Age that she take not all the Profits to her own use of the Lands which were to her allotted for then she agrees to the Partition and the age shall alway be intended the age of one and twenty years If there be divers Parceners that have made Partition between them and one of their parts is recovered by lawful Title then she shall compel the other to make a new Partition Parceners according to Custom are where a man is seised of Lands in Gavelkind as in Kent and other places franchised and hath issue divers Sons and dies then the Sons are Parceners by Custom Parco fracto PArco fracto is a Writ that lies against him that breaks any Pound and takes out the Beasts which are there lawfully impounded See of this F. N. B. 100. E. Park PArk is a place in which by Prescription or by the Kings Grant a Subject preservs his Game of Beasts ferae naturae See Stat. W. 1. 3 E. 1. cap. 20. Parliament PArliament See the Lord Cook 's 4th Institutes and Mr. Cowels Interpreter Title Parliament Parson imparsonee PArson imparsonee is he that is in possession of a Church appropriate or presentative for so it is used in both cases in Dyer f. 40. b. and f. 221. b. Parties PArties to a Fine or Deed are those which are named in a Deed or Fine as Parties to it as those that levy the Fine and they to whom the Fine is levied And they that make a Deed of Feoffment and they to whom it is made are called Parties to the Deed and so in many other like cases Note that if an Iudenture be made between two as Parties thereto in the beginning and in the Deed one of them grants or lets a thing to another who is not named in the beginning he is not Party to the Deed nor shall take any thing thereby Partition PArtition is a Dividing of Lands descended by the Common Law or by Custome among Co-heirs or Parceners where there are two at least whether they be Sons Daughters Sisters Aunts or otherwise of kin to the Ancestor from whom the Land descended to them And this Partition is made four ways for the most part whereof three are at pleasure and by Agreement among them the fourth is by Compulsion One Partition by Agreement is when they themselves divide the Land equally into so many parts as there are of them Coparceners and each to chuse one share or part the Eldest first and so the one after the other as they be of age except that the eldest by consent made the Partition then the choice belongs to the next and so the eldest last according as it is said Who makes the Partition the other must have the Choice Another Partition by Agreement is when they chuse certain of their Friends to make Division for them The third Partition by Agreement is by drawing Lots thus First to divide the Land into so many
parts as there are Parceners then to write every part severally in a Little Scroll or piece of Paper or Parchment and put the same Scroll up close into a Hat or Cap or other such like thing and then each Parcener one after another as they are in age to draw one piece or Scroll wherein is written a part of the Land which by this Drawing is now severally alloted to them in Fee-simple The fourth Partition which is by Compulsion is when one or some of the Coparceners would have Partition and other some will not agree thereto then they that so would have Partition may bring a Writ De Partitione facienda against the others that would not make Partition by virtue whereof they shall be compelled to part c. In Kent where the Lands are of Gavelkind-nature they call at this day their Partition Shifting even the same word that the Saxons used namely Shiftan which signifies to make Partition between Coheirs and to assign to each of them their portion In Latin it is called Herciscere Partition also may be made by Ioyntenants or Tenants in common by their assent by Deed between them or by Writ by the Statutes of 31 H. 8. cap. 1. and 32 H. 8. cap. 32. Pasport PAsport is a word mentioned in the Statute of 2 E. 6. cap. 2. and signifies a Licence made by any that hath authority for the safe passage of any man from one place to another Patron PAtron is he that hath the Advowson of a Parsonage Vicarage Free-chappel or such like Spiritual Promotion belonging to his Manor or otherwise in gross and thereby may or ought to give the same Benefice or present thereto when and as often as it becomes void And this being Patron or Patronage had beginning for the most part by one of these three ways namely either by reason of the Foundation for that the Patron or his Ancestors or those from whom he claims were Founders or Builders of the Church or by reason of Donation for that they did endow or give Lands to the same for maintenance thereof or else by reason of the Ground because the Church was set or built upon their soil or ground and many times by reason of all three Paunage or Pannage PAunage or Pannage is that mony which the Agistors of Forests do gather for the feeding of Hoggs within the Forrest and it is also taken for all manner of Mast of trees within the Forest on which the Hogs do feed See Manw. For. Laws chap. 12. fol. 90. a. Peers PEers are those that are impannelled in an Enquest upon any man for the convicting or clearing him of any offence for which he is called in question The reason of which appellation of the Iury is for that Peers comes from the Latin Pares that is Equals and the custome of our Nation is to try every man by his Equals that is to say by his Peers And so it appears by the Statutes of Magna Charta cap. 29. West 1. cap. 6. This word is also used for the Nobility of the Realm and Lords of the Parliament who are called the Peers of the Realm And of that see Stamf. Pl. of the Crown lib. 3. cap. 1. fol. 152. Perambulatione facienda PErambulatione facienda is a Writ that lies where two Lordships lie one nigh another some Encroachment is made by long time then by assent of both Lords the Sheriff shall take with him the parties and the neighbours and shall make Perambulation and shall make the Bounds as they were before But if a Lord encroach upon another and he will not make Perambulation then the Lord so grieved shall have a Writ against the other which is called de Rationalibus divisis Perjury PErjury is a corrupt or voluntary false Oath given in Chancery or in Evidence to a Iury upon tryal of an issue at Common Law See Stat. 5 El. cap. 9. Perinde valere PErinde valere is a term that belongs to the Ecclesiastical Law and signifies a Dispensation granted to a Clerk who not being capable of a Benefice or other Ecclesiastical Function is de facto admitted to it And it hath the name from the words which make the faculty as effectual to the party as if he were actually capable of the thing for which he hath his Dispensation at the time of his admittance Pernor of Profits PErnor of Profits is he that takes the Profits Pernor of Profits and Cestuy que use is all one Coke lib. 1. Casu Chudley fol. 123. But one may be Pernor of c. and not Cestuy que use by Title but by Coven which see Co. 5. 77 78. Co. Entr. 698. 2 Leo. rep 16. 2 Anderson 25. Stat. 11. H. 6. 3. Perpetuity PErpetuity is used in Law where an Estate is so designed to be settled in Tail c. that it cannot be undone or made void Which the State cannot bear as is said in the end of the case Moo rep 809 810. Co. 1. 84. 130. Co. 6. 40. l. 8. 90. Per quae servitia PEr quae servitia is a Writ Iudicial and goes out upon the Note of a Fine and it lies for the Conusee of a Mannor or Seigniory to compel him that is Tenant of the Land at the time of the Fine levied to attourn to him And of this Writ see the Old N. B. f. 170. a. Perquisites PErquisites are Advantages and Profits that come to a Mannor by casualty and not yearly as Escheats Harriots Reliefs Waifes Estrays Forfeitures Amerciaments in Courts Goods and Lands purchased by Villains of the same Mannor Fines of Copiholds and divers other like things that are not certain but come by chance sometimes more often than at other times See Perkins fol. 20 21. Personalty PErsonalty as the Action is in the Personalty that is to say brought against the right person or the person against whom in Law it lies Petit Cape PEtit Cape is a Writ that lies when any Actios Real that is to say of Plea of Land is brought and the Tenant appears and afterward makes Default then this Petit Cape shall go forth to seise the Lands into the Kings hands But if he appears not at the first Summons then a Grand Cape shall go forth and for such Defalt the Tenant shall lose the Land But if he wage his Law of Non-summons he shall save his Default and then he may plead with the Demandant And in Grand Cape the Tenant shall be summoned to answer to the Default and farther to the Demandant But in Petit Cape he shall be summoned to answer to the Default only and not to the Demandant And it is called Petit Cape for that there is less in this Writ than in the other Pettybag PEttybag is an Office in the Court of Chancery for Suits for and against Attorneys and Officers of that Court And for process and proceedings by extents on Statutes Recognizances Ad quod dampnum c. Parva Baga dicitur Petit
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions of Parliament to which the King assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
ustome of the Mannor and the Monstraverunt to discharge them when their Lord distrains them to do other Services than they ought This Writ of Monstraverunt ought to be brought against their Lord and these Tenants hold all by one certain Service and are free Tenants of Ancient Demesne Soccage in base Tenure is where a man holds in Ancient Demesne that may not have the Monstraverunt and for that it is called the base Tenure Sockmans SOckmans are the Tenants in Ancient Demesne that held their Lands by Soccage that is by Service with the Plow and therefore they are called Sockmans which is as much to say as Tenants or men that hold by Service of the Plow or Plow-men For Sok signifies a Plow And these Sockmans or Tenants in Ancient Demesne have many and divers Liberties given and granted them by the Law as well those Tenants that hold of a common person as those that hold of the King in Ancient Demesne as namely to be free from paying Toll in every Market Fair Town and City throughout the whole Realm as well for their Goods and Chartels that they sell to others as for those things that they buy for their Provision And thereupon every of them may sue to have Letters Patents under the Kings Seal directed to his Officers and to the Mayors Bayitffs and other Officers in the Realm to suffer them to be Toll-free to be exempt from Leets and Sheriffs Turns also to be quit of Pontage Murage and Passage as also of Taxes and Tallages granted by Parliament except that the King tax ancient Demesne as he may at his pleasure for some great cause to be free from payments toward the expences of the Knights of the Shire that come to the Parliament And if the Sheriff will distrain them or any of them to be contributary for their Lands in Ancient Demesne then one of them or all as the case requires may sue a Writ directed to the Sheriff commanding him that he do not compel them to be contributary to the expences of the Knights And the same Writ doth command him also that if he have already distrained them therefore that he redeliver the same Distress Also that they ought not to be impannelled nor put in Iuries and Enquests in the Country out of their Mannor or Lordship of Ancient Demesne for the Lands that they held there except that they have other Lands at the Common Law for which they ought to be charged And if the Sheriff do return in Pannels then they may have a Writ directed to him De non ponendis in Assisis Juratis And if he do the contrary there lies an Attachment against him And so it is also if the Bailiffs of Franchises that have return of Writs will return any of the Tenants which hold in Ancient Demesue in Assises or Iuries Sodomy SOdomy in the Indictment for this offence it is said Rem veneream habuit peccatum illud Sodomiticum inter Christianos non nominandum felonice commisit Spoliation SPoliation is a Suit for the Fruits of a Church or for the Church it self it is to be sued in the Spiritual Court and not in the Temporal And this Suit lies for one Incumbent against another where they both claim by one Patron and where the right of the Patronage doth not come in question or debate As if a Parson be created a Bishop and hath dispensation to keep his Benefice and afterward the Patron presents another Incumbent which is instituted and inducted now the Bishop may have against that Incumbent a Spoliation in the Spiritual Court because they claim both by one Patron and the right of the Patronage doth not come in debate and because the other Incumbent came to the possession of the Benefice by the course of the Spiritual Law that is to say by Institution and Induction so that he hath c â— lour to have it and to be Parson by the Spiritual Law for otherwise if he be not instituted and inducted c. Spoliation lies not against him but rather a Writ of Trespass or an Assise of Novel disseisin c. So it is also where a Parson who hath a Plurality doth accept another Benefice by reason whereof the Patron presents another Clerk who is instituted and inducted now the one of them may have Spoliation against the other and then shall come in debate whether he has a sufficiene Plurality or not And so it is of Deprivation c. The same law is where one saith to the Patron that his Clerk is dead whereupon he presents another there the first Incumbent who was supposed to be dead may have a Spoliation against the other And so it is in divers other like cases whereof see Fitz. Natura Br. f. 36. G. c. Stablestand STablestand is a term of the Forrest Laws when one is sound standing in the Forrest with his Bow bent ready to shoot at any Deer or with his Grey-hounds in a Lease ready to slip See Manw. Forest Laws cap. 18. fol. 133. b. Stallage STallage signifies money paid for pitching Stalls in Fairs or Markets or the right of doing it Standard STandard See Estandard Stannary STannary are Courts by ancient custom held in Cornwal for suits concerning the Trade of Tin Statute-Merchant TO hold by Statute-Merchant is where a man acknowledges to pay mony to another at a certain day before the Mayor Bailif or other Warden of any Town that hath power to make execution of the same Statute and if the Obligor pay not the Debt at the day and nothing of his Goods Lands or Tenements may be found within the Ward of the Mayor or Warden aforesaid but in other places without then the Recognisee shall sue the Recognisance and Obligation with a Certification to the Chancery under the Kings Seal and he shall have out of the Chancery a Capias to the Sheriff of the County where he is to take him and to put him in prison if he be not a Clerk till he have made satisfaction for the Debt And one quarter of a year after he is taken he shall have his Land delivered to himself to make gree to the party for the Debt and he may sell his Land while he is in prison and his sale shall be good And if he do not make satisfaction within a quarter of a year or if it be returned that he is not found and if he be not a Clerk then the Recognisee may have a Writ out of the Chancery called Extendi facias directed to any Sheriff to extend his Lands and Goods and to deliver the Goods to him and to scise him in his Lands to hold them to him his Heirs and Assigns till the Debt be levied or payed and for that tune he is Tenant by Statute-Merchant Note that in a Statute-Merchant the Recognisee shall have Execution of all the Lands which the Recognisor had the day of the Recognisance made and any time after by force of the
but he may enter and his Entry is lawful by R. Thorpe chief Justice 28 E. 3. 96. 45 E. 3. 25. Tales TAles is a Supply of men impannelled upon a Iury or Inquest and not appearing or at their appearance challenged for the Plaintiff or Defendant as not indifferent and in this case the Iudge upon Petition grants a Supply to be made by the Sheriff of some nien there present equal in Reputation to those that are impanneled and hereupon the very act of supplying is called a Tales de circumstantibus This Supply may be one or more and of as many as shall either make Default or else be challenged by each party Stamf. Plac. Cor. l. 3. c. 5. Howbeit he that hath had one Tales either upon default or challenge though he may have another yet he may not have the latter to contain so many as the former for the first Tales ought to be under the number of the principal Pannel except in a cause of Appeal and so every Tales less then other until the number be made up of men present in Court and such as are without exception to the party or parties See Stamford in the place before where you may find some exceptions to this general Rule See Brook f. 105. and Coke l. 10. f. 99. Bewfages Case Talwood TAlwood is a term used in the Statutes of 34 35 H. 8 c. 3. and 7 E. 6. c. 7. and 43 Eliz. cap. 14. and signifies such Wood as is cut into shore Billets for the sizing whereof those Statutes were made Tax and Tallage TAx and Tallage are Payments as Tenths Fifteens Subsidies or such like granted to the King by Parliament The Tenants in Ancient demesne are quit of these Taxes and Tallages granted by Parliament except the King to tax Ancient demesne as he may when he thinks good for some great cause See Ancient demesne Tenant Paravail TEnant Paravail See Paravail Tender TEnder is an act done to save a penalty of a Bond and of Mony for Rent or Contract before Distress or Action brought and where it may be pleaded and where refusal is peremptory Vide Coke 1 Institut 207 208 211. uncore prist Tenure in Capite TEnure in Capite is where any hold of the King as of his Person being King and of his Crown as of a Lordship by it self in gross and in chief above all other Lordships And not where they hold of him as of any Mannor Honor or Castle except certain ancient Honors which appears in the Exchequer See the Stat. 12 Car. 2. cap. 24. Term of years TO hold for term of years is but a Chattel in effect 〈◊〉 no Action is maintainable against the Termour for recovery of the Free-hold no Free-hold being in him A Lease for Term of years is a Chattel real and all Goods which are removeable are Chattels personal Testament TEstament is thus defined in Plowdens Commentaries A Testament is a Witness of the mind and is compounded of these two words Testatio and Mentis which so signifie Truth it is that a Testament is witness of the mind but that it is a compound word Aulus Gelius lib. 6. cap. 12. doth deny to an excellent Lawyer Servius Sulpitius and saith it is a simple word as are these Calceamentum Paludamentum Paviamentum and divers such like And much less is Agreeamentum a compound Word of Aggregatio and Mentium as is said before in the Title of Agreement for there is no such Latine word simple or compound but it may nevertheless serve well for a Law-Latine word And therefore thus it may better be defined A Testament is the true Declaration of our last Will in that we would to be done after our death c. Of Testaments there are two sorts namely a Testament in Writing and a Testament in Words which is called a Nuncupative Testament which is when a Man being sick and for fear lest death want of memory or speech should come so suddenly upon him that he should be prevented if he staid the writing of his Testament desires his Neighbors and Friends to bear witness of his last Will and then declares the same presently by words before them which after his decease is proved by Witnesses and put in writing by the Ordinary and then stands in as good force as if it had at the first in the life of the Testator been put in Writing except onely for Lands which are not devisable but by a Testament put in Writing in the Life of the Testator Thanus THanus is a word which sometimes signifies a Noble-man sometimes a Free-man a Magistrate an Officer or Minister Lambert in the word Thanus Skene saith it is a name of dignity and appears to be equal with the son of an Earl And Thanus was a Free-holder holding his Lands of the King and a man taken with the manner accused of Larceny no sufficient proof being brought against him must purge himself by the Oath of 27 men or 3 Thanes The Kings Thanage signifies a certain part of the Kings Lands or property whereof the rule and government appertains unto him who therefore is called Thanus for the Kings Demains and the Kings Thanage signifies one and the same thing Theftbote THeftbote is when a man takes any Goods of a Thief to favor and maintain him and not when a man takes his own Goods that were stoln from him c. The punishment in ancient time of Theftbote was of Life and member But now at this day Stamford saith it is punished by Ransom and Imprisonment But enquire farther for I think it is Felony Them THem that is That you shall have all the generations of your Villains with their Suits and Cattel wheresoever they shall be found in England except that if any Bond-man shall remain quiet one year and a day in any Priviledged Town so that he shall be received into their Communalty or Guild as one of them by that means he is delivered from Villenage Tithes TIthes See Dismes Title TItle is where a lawful cause is come upon a Man to have a thing which another hath and he hath no Action for the same as Title of Mortmain or to enter for breach of Condition Title of Entry TItle of Entry is when one seised of Land in Fee makes a Feoffment thereof upon Condition and the Condition is broken after which the Feoffor hath Title to enter into the Land and may so do at his pleasure and by his Entry the Free-hold shall be said to be in him presently And it is called Title of Entry because he cannot have a Writ of Right against his Feoffee upon Condition for his right was out of him by the Feoffment which cannot be reduced without Entry and the Entry must be for the breach of the Condition Toft TOft is a place wherein a House once stood but is now all fallen or pulled down Tol or Tolne TOl or Tolne is most properly a payment used in Cities Towns Markets and
Iurors matters in Law by the Iustices matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tried by his Peers without any Oath upon their Honors and Allegiance but in Appeal at the Suit of any Subject they shall be tried per probos legales homines If Ancient Demesne be pleaded of a Mannor and denied this shall be tried by the Record of the Book of Dooms-day in the Exchequer An Apostata shall be certified by the Abbot or other Religious Governor to whom he owed Obedience General Bastardy Excommengement Lawfulness of Marriage Profession and divers other matters Ecclesiastical shall be tried by the Bishops Certificate And a great number of other Trials there are whereof see Coke lib 9. the Case of the Abbot of Scrata Marcella fol. 23. By Witnesses De morte viri in Dower where the Tenant pleads That the Husband of the Demandant is alive Ra â— En. 128. Tronage TRonage is a certain Toll taken for Weighing Westm 2. cap. 25. 13 Edw. 1. Trover TRover is an Action which a Man hath against another that having found any of his Goods refuses to deliver them upon Demand See the Old Book of Entries word Trover Tumbrel TUmbrel see in the Title Cuckingstool and see the Statute of 51 H. 3. cap. 6. for the use of it Turbary TUrbary from the old Latine word Turba which was use â— for a Turf is an interest of digging Turfs upon a Common And you shall find an Assise brought of such a Common of Turbary in 5 Ass pl. 9. 7 E. 3. fol. 43. b. Sheriffs Turn SHeriffs Turne is a Court of Record in all things that pertain to the Turn and it is the Kings Leet through all the County and the Sheriff is Iudge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Turn This Court is to be kept twice in every year once after Easter and again after Michaelmas and that within one moneth after each Feast Anno 31 Edw. 3. cap 15. From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in this Court such as he will at his peril answer for But he cannot prescribe to take any thing for the keeping of his Turn because he is an Officer removeable See Coke l. 4. 33. l. 6. 2. and Daltons Book of Sheriffs tit Sheriffs Turn V. Vacation VAcation See Plenartie Vagabonds VAgabonds are idle and unprofitable men punishable by the Statute 39 Eliz. 4. 1 Jac. 7. 25. Value of Marriage VAlore Maritagii is a Writ that lay for the Lord against his Ward to recover against him the Value of his Marriage at his full age for that he was not Married by his Lord within age And this Writ lay although the Lord never rendered unto the Ward any convenient Marriage See Palmers Case Coke l. 5. f. 126. b. and the Stat. 12 Car. 2. c. 24. Venditioni exponas VEnditioni exponas is a Iudicial Writ directed to the Sheriff to sell Goods seised by a Fleri facias Venew or Visne VEne â— or Visne is a term used in the Statute of 35 H. 8. c. 6. and often in our Books and signifies a Place next to that where any thing that comes to be tried is supposed to be done And therefore for the better discovery of the truth of the matter in Fact upon every Trial some of the Iury must be of the same Hundred or sometimes of the same Parish or Neighborhood in which the thing is supposed to be done who by Intendment may have the best knowledge of the matter See Coke 6 Book f. 14. a. Arundels Case Venire facias VEnire facias it is a Process directed to the Sheriff or to the Coroners if the Sheriff be challenged to summon a Iury to try an Issue joined between party and party or the King and a Subject and it is also a Process upon an Audita Querela or upon an Indictment in the Kings Bench or Venire facias ad computandum against Tenant by Elegit Verderor VErderor is an Officer in the Kings Forrest chosen by the Free-holders of the County where the Forrest is by a Writ directed to the Sheriff to do it as appears by the Books of the Register and of the Nature of Writs and they are called in Latine Viridarli of the word Viridis in English Green in French Verd for a great part of their Office is touching the Verd to wit the Wood and Grass growing in the Forrest for which see more in the Charter and Laws of the Forrest Verge VErge is the Compass about the Kings Court their Bounds the Iurisdiction of the Lord Steward and of the Coroner of the Kings House so that he cannot intermeddle in the County forth of the Verge because his Office extends not thereunto as the Coroner of the County cannot intermeddle within the Verge which is exempted out of his Office by the Common Law And it seems against reason that their Offices and Iurisdictions being several should intermeddle one within the Iurisdiction of the other And this Verge seems to be twelve miles See 13 R. 2. Stat. 1. c. 3. F. N. B. f. 241. Britton f. 86. Fleta l. 2. c. 2. Coke l. 4. f. 46. 33 H. 8. c. 12. Verge in another signification is used for a Stick or Rod by which one is admitted Tenant and holding it in his hand takes the Oath of Fealty to the Lord of the Mannor and for that cause is called Tenant by the Verge See Old N. B. f. 17. Littl. l. 1. c. 10. Vert or Verd. VErt comes of the French Verd and signifies with us in the Forrest Laws every thing that doth grow and bears a green Leaf within the Forrest And it is divided into Over Vert and Neather Vert. Over Vert is the Great Woods and Neather Vert is the Vnder Woods There is also in Forrests a Vert called Special Vert and that is all Trees that grow in the Kings own Woods within the Forrest and all Trees that grow there in other Mans Woods if they be such Trees as bear Fruit to feed the Deer which are called Special Vert because the destroying of such Vert is more grievoufly punished then the destruction of other Vert is See Manwoods Forrest Laws c. 6. f. 52. a. Vicountiels VIcountiels are Farms so called for which the Sheriff pays certain Rent to the King and makes the best profit he can of them See the Stat. 33 34 H. 8. c. 16. View VIew is when an Action real is brought and the Tenane knows not well what Land it is that the Demandant asks then the Tenant shall pray
ceo quant cy toft qÌ„ il devient voide Et cest esteant Patron ou Patronage ad commencement pur l' pluis part per un 〈◊〉 ceux troies voyes nosmemÌ„t ou ratione Fundationis pur ceo quel ' Patron ou ses Auncestors ou ceux 〈◊〉 qÌ„ il claime fueront Founders ou Edifiers de l' Esglise ou ratione Donationis pur ceo qÌ„ ils endowe ou done Terres al ceo pur maintenance ou autermÌ„t ratione Fundi pur ceo qÌ„ le Esglise fuit mis ou edifie sur lour soile ou terre divers temps ê‘ reason de touts trois Paunage ou Pannage PAunage ou Pannage Pannagium est ceo argent que les Agistors des Forrests collect pur l' feeder des Porcels deins l' Forrest est auxy prise pur touts manners del Mast des arbres deins l' Forrest â— qÌ„ les Porcels feed Veies Manw. For. Leys c. 12. f. 90. a. Peers PEers sont ceux qÌ„ sont impanÌ„els en un Enquest sur ascun home pur l' convicter ou acquiter d' luy d' asc ' offence pur que il est en question Le reasoÌ„ d' ql ' appellation de Jury est pÌ„ ceo que Peers venust del Latin Pares id est Egals le custome 〈◊〉 nostrÌ„ Nation est pur trier chescun home per ses Egals cestascavoire per ses Peers Et issint appiert ê‘ l' Statutes de Mag. Charta cap. 29. West 1. cap. 6. Cest parol est auxy use pur le Nobility del Realm les Seigniours del Parliament queux sont appelles les Peers del Realm Et de ceo veies Stamf. Pl. Coron lib. 3. cap 1. fol. 152. Perambulatione facienda PErambulatione facienda est un BrÌ„e qÌ„ gist lou 2 SnÌ„ries gisont un pres lauter ascun Encrochment est fait ê‘ long teÌ„ps donqÌ„s ê‘ assent 〈◊〉 ambi â— Seigniours l' Viscount prendera ovesq luy les parties les vicines fieront Perambulation fieront les Meres come ils fueront a devant Mes si un Seigniour encroach sur lauter ne voile faire Perambulation donques le Seigniour issint grieve avera Brief vers lauter que est appelle de Rationalibus divisis Perjury PErjury est uÌ„ corrupt ou voluntary faux serement done en Chancery ou en Evidence al Enquest sur tryal â— un issue al Common ley Vide Stat. 5 El. cap. 9. Perinde valere PErinde valere est uÌ„ terme que appent al ley Ecclesiastical signifie un DispeÌ„sation graunt al uÌ„ Clerk que nesteant capable â— un Benefice ou auter Ecclesiastical Function est de facto a ceo admit Et avoit cest appellation des parols que sont l' faculty cy effectual al party sicoÌ„e il fuit actualment capable del chose pur que il ad son Dispensation al temps de son admittance Pernor de Profits PErnor de Profits est il que pren â— les Profits Pernor de profits Cestuy que use est tout mesme Coke lib. 1. Casu Chudley fol. 123. Mes un poit eÌ„e pernor c. non cestuy qÌ„ use per title mes per Covyn quel veies Coke 5. 77 78. Co. Ent. 698. 2 Leo. rep 16. 2 Anderson 25. Stat. 11. H. 6. 3. Perpetuity PErpetuity est use en Ley ou un estate est issint design destre settle en tall c. qÌ„ ceo ne poet eÌ„e defait ou anient Quel le state Angleterr ne poit porter come est dit in fine casus Moo rep 809 810. Cok. 1. 84. 130. Co. 6. 40. lib. 8. 90. Per quae servitia PEr quae servitia est un Brief judicial qÌ„ issuist del Note â— un Fine gist pur l'Conusee d'un ManÌ„or ou Seigniory pur compel cestuy que est Tenant del Terre al teÌ„ps del Fine levy pÌ„ attourne a luy Et de cest Brief veies Vieux N. B. fol. 170. a. Perquisites PErquisites sont Advantages Profits queux vient al un ManÌ„or ê‘ casualty non annuelment come Escheats Harriots Reliefes Walfes Estrayes Forfeitures AmerciamÌ„ts eÌ„ Courts BieÌ„s Terres purchase ê‘ Villeins de mÌ„ l' ManÌ„or Fine del Copiholds divers semblables choses queux ne sont certaine mes happe per chance ascun temps pluis often que a auter temps Vide Perkins fol. 20 21. Personalty PErsonalty come le Action est eÌ„ Personalty cest ascavoir port envers le droit ê‘son ou le person envers qÌ„l en Ley il gist Petit Cape PEtit Cape est un Brief qÌ„ gist quant ascun Action Real cestascavoire de Plee de Terre est port le Tenant appeare puis fait Default donques issera cest Petit Cape de seiser les TerrÌ„s in maines le Roy. Mes sil ne apper ' al primer SumÌ„ons donques issera un Graund Cape pur tiel Default le Tenaunt perdra la Terre Mes sil gage son Ley de Non-summons I le saver son Default donques il poit pleade ovesque le Demandant Et in Graund Cape le Tenant serra summon pur responder al Default ouster al Demandant Mes en Petit Cape il serra summon pur responder al Default solement nemy al Demandant Et est appelle Petit Cape pur ceo que il ad minus en cel Brief que en lauter Pettybag PEttybag est un Office en le Court de Chancery pur suits pur envers les Attornies Officers de cel Court. Et pur process proceedings ê‘ extents sur Statutes Recognisances Ad quod damnum c. Parva baga dicitur Petit Serjeantie TEner ê‘ Petit Serjeantie est sicome un home tieÌ„t de Roy Terres ou TenemeÌ„ts rendant a luy un Cuttel un Escue un Setr ' un Arc sans cord ou aut ' semb ' Service a la volunt le primer Feoffor la nappent Gard Marriage ne Relief Et nota que homÌ„ ne poit tener per Grand Serjeantie ne per Petit Serjeantie si non del Roy. Veies le Stat. 12. Car. 2. cap. 24. Piccage PIccage Piccagium est le payment des deniers ou les deniers paies pur le infriender del soile pÌ„ erecter Tents ou Settles en Faires Picle ou Pitle PIcle ou Pitle semb ' de venÌ„ del Italian Piccolo Parvus signifie ovesque nous un Petit Close ou Inclosure Pillory PIllory est uÌ„ Engine â— l penance ordeinÌ„ ê‘ le statute de 51 H. 3. pÌ„ le punishmÌ„t des Pistors mes a ore use pÌ„ plusors auters Offendors Et est appel en Latine Collistrigium Pipowders PIpowders est un Court que est incident a chesc ' FairÌ„ pÌ„ le determination de differences sur coÌ„tract routs disorders en cÌ„ commise Veies pluis de ceo Cromp. Jurisd fol. 229. Coke lib. 10. fol. 73. Piscary PIscary est un Liberty del Pischer en le
ad le Reversion ê‘ Fait Privie en L â— y est lou il est Seignior Tenant le Tenant lessa le Tenancie pÌ„ vie morust sans Heir le Reversion escheat al Seignior il est dit Privie en Ley pÌ„ ceo que il nad son Estate solemÌ„t per le Ley cest adire per Escheat Privie en Droit est lou un possesse d' un terme pur ans granta son Estate al un auter sur Condition fait ses Executors morust ore ceux Executors soÌ„t Privies en droit car si le Condition soit enfreint ils entront en le TrÌ„e ils averont ceo eÌ„ le droit de lour Testator a son use Privie de Sanke est l' Heir de le Feoffor ou Donor c. Item si un Fine soit levie les Heires de celuy que levie le Fine sont appel Privies Privileges PRivileges sont Liberties Franchises grant al un Office Lieu Ville ou Mannor per le grand Charter del Roy Letters Patents ou Act de ParliameÌ„t coÌ„e Toll Sake Socke Infangtheefe Outfangtheefe Turne Ordelf divers tielx semblables pÌ„ qÌ„ux veies en lour ê“per Titles lieus Auxi sont auters Privileges d'ont le Ley prist cognuzance cest ascavoir les Privileges des Commons Peers del Parliament privileges des Attorneys Officers des Courts a Westm qÌ„ ils ne serront sue ou implead en auter Court qÌ„ en ceux ou ils sont Artorneys ou Officers Procedendo PRocedendo est un Brief que gist lou ascun Action est sue en un Court que est remove a un pluis hault coÌ„e al Chancerie Banke le Roy ou Common Banke per Brief de Privilege ou Certiorari si le Defendant sur le matter monstre nad cause de Privilege ou si le matter en le Bill sur que le Certiorari issu st ne soit bien prove donques le Plaintiff avera cest Procedendo pur remaunder le matter al primer base Court la destre determine Proces PRoces sont les Briefs Precepts que issuont sur l'Original Et en Actions real personal sont divers sorts de Proces Car en Actions real le Proces est Grand Cape d â— vant Appearance Ideo vide de ceo en le Title Petit Cape Mes en Actions personal come en Dette Trespasse ou Detinue le Proces est uÌ„ Distresse si le Visc ' return Nihil habet in Balliva c. donques le Proces est Alias Capias Plures un Exigent ils sont appelles Capias ad respondendum Auxy le Exigent serra cinque soits ê“claime si le partie n' appeare il serra utlage Mes en divers Actions sont divers manners de Proces que est pluis alarge declare en N. B. Auxy sont divers auters Proces apres Appearance quant les ê‘ â— ies sont al issue pur faire l'Enquest appearer come un Venire facias sils ne appearont al jour donques un Briefe de Habeas corpora Jurat ' apres un Brief de Distringas Jurat ' Auxy sont divers auters Proces apres JudgmÌ„t come Capias ad satisfaciendum Capias utlagatum c. Capias ad satisfaciendum gist lou home est condemne en ascun Det ou Dammages donques il serra arrest per cest Brief mis en prison sans Bail ou Mainpr â— se tanque il ad pay le Det les Dammages Capias utlagatum gist lou un est utlag â— donq's il serra prise per tiel Brief mis en prison sans Baile ou Mainprise pÌ„ ceo que il ad fait contempt encounter le Ley. Auxy sont auters Proces Briefs judicials come Capias ad valentiam Fieri facias Scire facias plusors auters ideo vide c'en lour Titles Prochein amy PRochein amy est communement prise pur Gardian en Soccage est lou un home seisie de Terres tenus en Socage morust son issue deins age de 14 ans donques le ê“cheind ' sank a que les TrÌ„es ne poient discender avera le gard del Heire del Terre al use solemÌ„t del Heire tanque il vient al age d' 14 anÌ„s donques le Heire poit enter luy ouste amesner luy de accompter Mes en cest Accompt il avera allowance pÌ„ touts reasonable costs expences bestow ou sur le Heire ou son Terre Le Prochein amy ou prochein de sanke a que le Inheritance ne poit discend est issint destre entende Si les Terres discenda al Heire de son Pere ou ascun del sanke del part son Pere donques l' Mere ou aut ' del part l'Mere sont appelle ê“chein de sanke a qÌ„ le Inheritance ne poit discender car devant que il issint discendra il pluis tost escheaterÌ„ al SnÌ„r d' que il est tenÌ„ Et lou les Terres vient al Heire de sa Mere ou ascun del sa part donque le Pere ou auter del part son Pere sont appelle le prochein de sanke a que le Inheritance ne poit â— iscend mes pluis tost escheatrÌ„ al Seignior 〈◊〉 que il est tenus Auterment Prochein Amy est celuy que appiert en ascun Court pur un Enfant que sue ascun Action que ayde le Enfant de pursuer son Suit dont vide les Statutes de Westm 1. c. c. 47. Westm 2. cap. 15. que un Enfant ne poit faire Attourney mes le Court poit admitter le prochein amy pur le Plaintiff un Gardian pur le Enfant Defendant coÌ„e son Attorney Proclamation PRoclamation est un Notice appertment done de ascuÌ„ chose de que le Roy soi pleirot d' advertiser ses Subjects issint il est An. 7. R. 2 c. 6. Proclamation de Rebellion est un overt notice done ê‘ l' Officer que un home nient apparent sur un Subpoena ou attachmÌ„t en le Chancery serra repute destre un Rebel sinon que il loy mesme render al jour assigne Crompt Jurisd fol. 92. Et est destre observe que nul poit faire Proclamation mes ê‘ authoritie del Roy ou Majors hujusmodi que ont privileges en Cities ou Boroughs de ceo faire ou ont ceo use per custome Et pur c ' ou un Executor fist Proclamation en certain Marketvilles que les Creditors veigneta ê‘ certain jour claim provera â— our dets due per le Testator pur ceo que il ceo fist sans authority il fuit commit al Fleet mise a un Fine Broke Proclamation 10. Procurator PRocurator est use pur luy que collige les Fruits de un Benefice pur un auter home Anno 3 Ric. 2. Stat. 1. cap. 2. Prohibition PRohibition
227. L'auter significatioÌ„ est trove en Stamf. Prerog cap. 20. per tout le Chapter que parlaÌ„t del Traversing d'un Office dit Que c ' est â— lens auter forsque approver que un Inquisition fait de biens ou terres per le Esch aror est defective fauxment fair Issint Traversing d'un Indictment est a prender Issue sur le primÌ„ matter du yeel que est riens auter que a faire contradiction ou denyer le point â— l Endictment ComÌ„ en Presentment vers A â— ur un Hauit chimin surround ove eau pur defaulte de escourance d'un Fosie que il ceux que Estate il ad en certainÌ„ Terres l â— on t use d' escowrer clenser A poit traverser ou le matter cest adire Que la nest asc ' Hault chimin la ou que le Fosse est sufficient escowre ou auterment il poit traverser le Cause Que il nad le Terre c. ou que il ceux que Estate c. on t use de â— scowrer le Foste Lamb. â— t Eirenarci â— l â— b. 4. pag. 521. de Travers Veies tout le Chapter en Kitch fol. 240. le Veil Livre de Entries verbo Travers Treason TReason est en deux manners cestascavoire hault Treason petit Treason comÌ„ est ordeine per les Statutes Et ideo vide Statuta Stamford lib. 1. cap. 4. Treasure trove TReasure trove est quant asc ' Money Ore Argent Plate ou Bullion est trove en asc ' lieu nul conust a que le property est donques le property de c'appertient al Roy. Mes si ascun Mineral de Metal soit trove en ascun terre ceo touts foits pertient al Seignior del Soile forsque que il soit Mineral del Ore ou Argent queux serroit touts foits al Roy en quecunque soile qÌ„ il soit trove Trespas Transgressio TRansgressio est un Brief ou Action de Trespas de queux la sont deux sorts L' un Vicountiel issint appel pur ceo qÌ„ il est direct al Visc ' nest returnable mes destrÌ„ determine en le Countie Le forme de que differt â— l auter pÌ„ c ' que nad ceux parols Quare vi armis c. F. N. B. fol. 85. g. L' auter est direct al Visc ' auxy mes est returnable en Bank le Roy ou le Common Bank avoit touts foits en ceo ceux parols Quare vi armis ou auterment il abatera come appiert en Fitz. N. B. fol. 86. h sinon que soit un Trespasse sur le Case adonq ' les parols Vi armis sont waive hors en lieu d'eux le Brief dirra en le fine de c ' Contra pacem c. come appiert en F. N. B. fol. 92. c. Et uncore en ascuns cases Trespasse sur le Cise serra Vi armis auxy coment que nemy en le point del Action ou le causa causata uncore en le conveyance al Action le causa causante come est bi â— n distinguish eÌ„ le Count de Salops Case in Coke l. 9. 50. b. Trial. TRial la sont plusors mannersd ceo come des matters en Fact que serront trie ê‘ les Jurors matters en Ley per les Justices matters de Record per Record mÌ„ Un Seignior de Parliament sur Indictment de Treason ou Felonie serra trie per ses Peers sans ascun S â— rement sur lour Honours Allegiances mes en Appeale al Suit de ascun subjects is serra trie per proâ— os legales homines Si Ancient Demesne soit pleade de un Mannor denie c ' serra trie per le Record del 〈◊〉 de 〈◊〉 en l' Eschequer Un Apostata serra certifie per le Abbot ou auter Rel â— g â— ous Governour a que il doit Obedience General Bastardie Excon mengement â— oyaltie de Matrimonie Profession divers auters matters Ecclesiastical serront tries per le Certificate del Evesque Et un grand number des auters Trials la sont de queux veies Coke lib. 9. le Case 〈◊〉 le Abbot del Strata Marcella fol. 23. Per testes De morte viri in Dower ou le TenaÌ„t plead qÌ„ le Baron del Demandant est vivant Rast Entr. 228. Tronage TRonage est un certaine Toll prise pÌ„ Weighing Westm 2. c. 25. 13 Edw. 1. Trover TRover est un Action que home ad vers un auter que aiant trove ascun de ses biens refusa a deliver eux sur demande Veies le Veil Livre de Entries parol Trover Tumbrel TUmbrel veies en le Title Cuckingstool veies le Statute de 51 H. 3. cap. 6. pur le use de ceo Turbary TUrbary Turburia del vieux Latine ê‘ol Turba qÌ„ fuit use pur un Turf est un interest de foder Turfs sur un Common Et trovers un Assise port dun tiel Common de Turbary en 5 Assise pl. 9. 7 E. 3. fol. 43. b. Turne del Viscount TUrne del V â— scount est un Court de Record en touts choses que ê‘tainÌ„ al Turn est le Leet le Roy per tout le Countie le Visc ' est Judge Et quecunque ad un Leet ad mesme le authority deins le Precinct sicome le Viscount ad deins le Turne Ce â—â— Court est destre tenus deux foits chescun an un foits apres Pasche arere puis MichaelmÌ„ c ' deins un mois apres chesc ' Feast An. 31 E. 3. cap. 15. De cest Court sont exempt solement Archievesques Evesques Abbots Priors Countes Barons Religious homes femes touts ceux queux ont Hundreds de lour demesne destre tenus Cest Court est apperteinant incident al Office â— l Visc ' ne doit estre sever de ceo le Vise ' est de constituer Clerk south luy en c ' Court tiels pÌ„ que il voile a son peril responder Mes il ne poit ê‘scriber de prender asc ' chose pÌ„ le tener 〈◊〉 son Turne pÌ„ ceo que il est un Officer removeable Veies Coke l. a. 33 l 6. 12. Daltons Livre de Viscounts tit Sheriffs Turne V. Vacation VAcation Veies Plenartie Vagabonds VAgabonds sont idle inutile homes puniable per Stat. 39 El. 4. 1 Jac. 7. 25. Value del Marriage VAlore Maritagii est un BrÌ„e que gisoit pÌ„ le SnÌ„r vers son Gard pÌ„ recover vers luy le Value de son Marriage a son plein age pÌ„ ceo que ne fuit marrie ê‘ son SnÌ„r deins age Et ceo BrÌ„e gisoit coment que le Seignior ne unques tender al Gard ascun convenable Marriage Veies Palmers Case Coke l. 5. f. 126. b. le Stat. 1 â— Car. 2. c. 24. Venditioni exponas VEnditioni